New York Gov. Andrew Cuomo (D) said on Monday that recent efforts to coordinate marijuana legalization plans across states in the region are helping to facilitate responses to the coronavirus. During a press conference, the governor said that because the federal government has failed to adequately provide resources to address the current health crisis, it’s incumbent upon states to develop their own strategies and policies. But to do that requires some level of regional coordination, he said. The Northeast already has some infrastructure to accomplish that, he said, crediting a tri-state effort to legalize cannabis with allowing the state governments to communicate and ensure that their coronavirus responses share basic principles. “The best way is for me not only to have a uniform policy within the state of New York, but to the extent you can, cooperate with surrounding states so you all have a common set of practices,” he said. “I don’t want to close down bars in New York, but Connecticut leaves the bars open. Why? Because then many people will get in their car and they’ll drive to Connecticut to go to a bar, which is the last thing we want.”
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March 16, 2020
Medical marijuana bills challenge Bible Belt politics
Facing a potentially historic vote on whether to legalize medical marijuana in Kentucky, Republican lawmaker John Schickel is conflicted. A retired law enforcement officer, Schickel once steadfastly opposed medical cannabis, but his stance has softened. Now he says he's approaching the question with an open mind. “One side of me says that with all the drug abuse we have right now, why are we opening up another avenue of abuse?" the state senator said in an interview. “But the flip side of it is, if there are people who need medical attention and truly believe that it will help them, who are we to say they can't have it?" Schickel’s dilemma stands as yet another sign that views about marijuana are changing across the South, where efforts to legalize it have long been stymied by Bible Belt politics. While medical cannabis is legal now in 33 states, including Arkansas, Louisiana, and Florida, other Southern states remain among the holdouts. Whether wavering resistance will lead to legalization remains unclear. After years of setbacks, the Kentucky bill's supporters cleared a historic hurdle when the House passed the measure. The Senate appears more skeptical. Lawmakers in other Southern states are also cautiously eyeing changes, though there's reason for hope among advocates. In Alabama, a medical marijuana bill won approval in the Alabama Senate as advocates make headway after years of setbacks. The legislation moves to the state House next. And in Mississippi, voters will decide for themselves whether to legalize medical marijuana in November, after a group submitted more than enough signatures to put the issue on the ballot. But that ballot question might have competition. The Mississippi House voted to put a second medical marijuana proposal on the statewide ballot this year. People who petitioned to get the first one there say the second is designed to split the vote and kill both proposals. The alternative proposal would go on the ballot only if it is also approved by the state Senate. Lawmakers in other Southern states are also cautiously eyeing changes, though there's reason for hope among advocates. In Alabama, a medical marijuana bill won approval in the Alabama Senate as advocates make headway after years of setbacks. The legislation moves to the state House next. And in Mississippi, voters will decide for themselves whether to legalize medical marijuana in November, after a group submitted more than enough signatures to put the issue on the ballot. But that ballot question might have competition. The Mississippi House voted to put a second medical marijuana proposal on the statewide ballot this year. People who petitioned to get the first one there say the second is designed to split the vote and kill both proposals. The alternative proposal would go on the ballot only if it is also approved by the state Senate.
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March 16, 2020
Supporters of legalized hemp say Idaho missed an opportunity
Idaho farmers will not be able to grow hemp this year and it appears doubtful they will be able to grow it next year either. A bill that would have got the ball rolling toward allowing Idaho farmers to grow hemp was voted down, 8-7, by members of the House State Affairs Committee March 11. The legislation had passed the full Senate Feb. 27 by a 27-5 vote. House State Affairs Committee members voted to hold Senate Bill 1345 in committee, effectively killing it and likely ending the last chance of passing hemp-related legislation this year. Two hemp-related bills also failed during the 2019 Idaho legislative session. One of SB 1345’s sponsors, Rep. Caroline Nilsson Troy, R-Genesee, told Idaho Farm Bureau Federation she was very disappointed by the bill’s demise. “I’m angry and frustrated that a commodity that is legal across the United States of America is denied to Idaho agriculture,” she said. “And sadly, I think it was denied over a false narrative and politics.” Idaho is now one of only two states, along with Mississippi, that do not allow production of industrial hemp. Hemp plants are the same species as marijuana but industrial hemp contains less than 0.3 percent THC, the psychoactive compound that gets marijuana users high. Hemp supporters say it’s not possible to get high with industrial hemp. Industrial hemp is used in thousands of products that have been sold legally in the United States for decades but until recently, it has not been legal to grow and process hemp domestically. The 2018 farm bill changed that and classified hemp as a regular agricultural crop. However, the farm bill left it up to states to determine how to handle hemp production. It is illegal to grow or process hemp in Idaho and state law considers hemp with any THC the same thing as marijuana. Opponents of the bill claimed during public testimony on the bill that hemp could be used as a way to camouflage marijuana and they also said it was the first step toward legalizing marijuana in Idaho. Supporters of the bill said it would provide Idaho farmers with another option and would fit well into some crop rotations. Tim Cornie, an organic farmer from Twin Falls County who testified in support of SB 1345, said Idaho will continue to fall further behind other states when it comes to hemp production and lose the revenue that would come with producing the crop. “The Idaho farmer lost,” he said about the bill’s defeat. “I’m disappointed. A lot of farmers needed that extra revenue and we lost millions of dollars to neighboring states.” Cornie is co-owner of 1000 Springs Mill in Buhl, which produces dry beans, oats, popcorn and quinoa. “Hemp would have been a beautiful thing to add to our production line,” he said.
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March 15, 2020
Iowa Poll: Most Iowans support expanding medicinal cannabis and legalizing recreational marijuana
While the Iowa Legislature and Gov. Kim Reynolds debate the finer points of Iowa’s medical marijuana laws, a majority of Iowans say they want its medical usages expanded and marijuana to be legalized for recreational use, the latest Des Moines Register/Mediacom Iowa Poll shows. It’s the first time the poll has shown a majority, 53%, of Iowans supporting recreational marijuana. Support has ticked up steadily since Selzer & Co., which conducts the Iowa Poll, started asking about it in February 2013. In that poll, only 29% of Iowans supported legalizing recreational marijuana. Since then, a dozen states, including neighboring Illinois, have legalized recreational use of marijuana. The Republican-controlled Iowa Legislature has not debated a similar measure this year.
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March 13, 2020
Alabama Senate Approves Medical Marijuana Bill
After hours of tense debate, the Alabama Senate voted on Wednesday to pass a bill to legalize medical marijuana in the state. Lawmakers voted 22-11 in support of the legislation, which would allow qualifying patients to purchase certain medical marijuana products from state-licensed dispensaries. Cannabis intended for smoking or vaping would be prohibited under the proposal, meaning only preparations such as tablets, topicals and certain infused edibles would be available. “I think in this day and time, with the opioid crisis, we need to try alternative medicines that will help people,” said Sen. David Sessions (R), who voted to pass the bill. With the Senate’s approval on Wednesday, the proposal now heads to the House, where its prospects are unclear. Speaker Mac McCutcheon (R) has been noncommittal, telling reporters last month that he was in “wait and see mode.” The state’s attorney general, meanwhile, has urged lawmakers to oppose any move to legalize. The bill, SB 165, would establish a state Medical Cannabis Commission to register patients and oversee licensing businesses. Under the measure, patients suffering from specified conditions would qualify for the program. Those include anxiety, cancer, epilepsy and post-traumatic stress disorder (PTSD). Patients would be able to purchase up to a 70-day supply at a time, and there would be a cap of 32 dispensaries allowed in the state. Products would be tested for potency and contaminants, and sales from licensed dispensaries would be subject to a nine percent tax. Part of those funds would go toward creating a new Consortium for Medical Cannabis Research, which would provide grants to study the plant. Medical marijuana would be tracked from seed to sale under the measure, which also contains a number of restrictions on advertising. Workers at cannabis facilities would be subject to background checks. “Today’s landslide vote in the Alabama Senate shows lawmakers in even the most conservative states in the nation are starting to recognize that allowing medical cannabis is good politics and good policy. Voters of every political background overwhelmingly support allowing medical cannabis,” Karen O’Keefe, state policies director for the Marijuana Policy Project, told Marijuana Moment. “That said, with polls showing upwards of 90 percent of Americans supporting allowing medical marijuana, it’s alarming that 27 states continue to criminalize patients for choosing a safer alternative to opioids.” The bulk of opposition during Senate debate on Wednesday came from Sen. Arthur Orr (R). Orr, who admitted at times that he was unfamiliar with certain aspects of the bill as well as underlying research around medical marijuana generally, questioned virtually every element of the bill and its amendments. At one point he demanded that Sen. Tim Melson (R), SB 165’s sponsor, produce medical literature in support of the legalization proposal. But Orr indicated that even such evidence wouldn’t change his mind: “What happened in the world of opioids, I don’t know that I really trust the medical community as a broad group,” he said. Orr also attacked a successful amendment by Sen. Bobby Singleton (D) that would work to ensure diversity in the state’s new medical marijuana industry. When Orr complained that he wasn’t privy to what was in the proposal, Singleton replied: “You just told me you really didn’t get involved in it and didn’t look at it.” In response to badgering from Orr, who described the relatively modest medical marijuana proposal as taking a “pedal to the metal” approach, Melton replied: “I’m beginning to wonder how long you left your training wheels on.” The Senate also approved a raft of additional amendments to the bill during Wednesday’s debate. The most notable of the changes imposes a 75-milligram daily limit on THC intake, where previously the bill had no limit. (Orr proposed a lower, 50-mg limit, as well as a separate measure limiting cannabis products to 10 percent THC, but those amendments failed.) Another will prevent regulators from expanding the current list of qualifying conditions, instead requiring sign-off from lawmakers. Other approved changes will expand the number of available business licenses and restrict those licenses to in-state actors. A measure to add menopause or premenstrual syndrome as qualifying medical conditions for cannabis was also approved after a brief delay in the chamber to consider other legislation. Following the spurt of amendments, Orr threatened to kill the bill by speaking until midnight, especially if none of his amendments were accepted. He then introduced another proposal to remove some of the qualifying conditions but told members they were free to leave for the hour he was allotted to speak before coming back to vote. In effect, he was making good on his threat and engaging in somewhat of a filibuster to delay the legislation. That measure was defeated.
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March 13, 2020
Cannabis Legalization Heads to Parliament In Lebanon
A draft legalization law has been sent to members of Lebanon’s Parliament — the proposal, however, would only legalize cannabis products containing no more than 1 percent THC. Lebanon’s draft cannabis legalization law has been sent to its Parliament, but the measure would only legalize products that contain less than 1 percent THC, Al Jazeera reports. The measure also calls for enhanced penalties for breaking cannabis-related laws and prohibits anyone with a criminal record from getting a cannabis license or working in the industry. Karim Nammour, a lawyer with Legal Agenda who specializes in drug policy, told Al Jazeera that the bill was “an opportunity missed” and that lawmakers “failed to take a holistic approach” to the reforms. Sandy Mteirik, a drug policy development manager at Skoun, a Lebanese nongovernmental organization focused on drug rehabilitation and advocacy, said the bill is “not what the farmers of Bekaa want.” The Bekka Valley region is home to the most cannabis cultivation in Lebanon. Prime Minister Hassan Diab said that the nation’s cannabis would likely be grown by “big companies” and “other farmers” and anticipated the sector would be “big business.” Diab has previously expressed support for amnesty for some cannabis crimes; between 3,000 and 4,000 people are arrested every year for drug crimes – not just cannabis – in Lebanon. The draft law would create a commission with a regulatory authority that would issue licenses for importing seeds and clones, creating cannabis plant nurseries, cultivation, manufacturing, and exporting. Licenses could be awarded to Lebanese pharmaceutical companies, industrial fiber, oil, and extract companies, and foreign cannabis companies. Licenses would also be available to specialized agricultural co-operatives established in the country, Lebanese citizens such as farmers or landowners, and labs and research centers permitted to work with controlled substances.
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Misdemeanor marijuana possession is the most common crime Tarrant County courts handled last year. The number of cases, though, is plummeting locally and across the state. The tumble started in June 2019 with the passage of the state’s new hemp law. Within two months, the number of new cases being filed was down by half statewide, according to data CBS 11 obtained from the Texas Office of Court Administration. “It threw all the criminal prosecutions statewide in flux,” recalls David Sloane, a Fort Worth attorney specializing in marijuana cases. While bills to decriminalize marijuana failed in the last legislation session, the state’s new hemp law passed unanimously. It was intended to allow farmers to cash in on a new crop, but the unintended effect is a big one. “It changed the definition of marijuana,” said Tarrant County Assistant District Attorney Dale Smith, who was deputy chief of the misdemeanor division when the law passed. Previously, prosecutors could rely on an experienced officer’s testimony to confirm something was, in fact, marijuana. But the new law made things more complicated, defining legal hemp as the same plant, only with a concentration of less than .3% THC, marijuana’s euphoria inducing chemical. The only way to tell the difference is with a test only private labs are currently able to perform. “These tests can range anywhere from $88 to $400,” said Smith. Without a test showing how much THC was in a substance, district attorneys in Tarrant, Dallas and Denton County determined they couldn’t accept a marijuana possession case, being filed by local law enforcement. That’s left cities and counties to decide how much they’re willing to spend to enforce marijuana laws. After the hemp law went into effect last year, records collected by the Office of Court Administration show the number of new marijuana cases filed in Tarrant County dropped by 68%. In Dallas County, they fell by 52%. The state agency shows cases in Collin County falling by more than 80%, but unlike other offices, the Collin County District Attorney’s Office says it’s not turning away any cases. Instead, it’s choosing to hold hundreds open, until a state lab is available to provide more affordable testing. Internal numbers it provided to CBS 11 even show a slight increase in the number of cases the office has accepted. Denton County, meanwhile, saw a much smaller drop in new court filings – only 8%. The Denton County District Attorney’s office said the low number was, in part due to efforts to defer many cases prior to prosecution, in favor of rehabilitation efforts. It also attributed the statistic, in part, to its police departments’ willingness to pay for lab testing necessary for prosecution. “For many, it’s been an eye-opener on how much money we’re actually spending,” said Sloane. Different cities are coming to different conclusions about how much of their budget to dedicate to marijuana cases. In August, the Plano Police Department told its city council it would need an additional $49,000 in its budget to test more than 500 suspected marijuana cases. Without that, the department warned, it would be “unable to continue to prosecute marijuana cases in the future.” Council members approved the request. Nearby, Frisco, is spending more, too. Since the hemp law went into effect, Frisco has spent more than $13,000 to test for THC in dozens of cases.
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Legislation that would legalize hemp in South Dakota has made it to Gov. Kristi Noem’s desk for consideration. House Bill 1008 was passed through the Senate just after 10 p.m. Thursday, March 12, on a 30-3 vote. Noem said she’d approve the bill if it met four “guardrails” that set forth how the state’s hemp program would be regulated, transported, enforced and funded. The bill includes an emergency clause, which means it would take effect immediately after Noem’s approval. The state will have to submit a hemp program plan to the United States Department of Agriculture before farmers can attain the state licenses required to grow hemp. The application review will take at least 60 days. Lawmakers in support of the bill frequently warned that a hemp crop is not something producers should attempt to grow without extensive research and vetting of hemp seed dealers. Hemp operations would need to be grown outdoors on at least five continuous acres. No indoor growing is allowed at this point. All plants need to have a THC content of 0.03% or less. If tests determine that the plants exceed this level, they can be retested. If the second test shows the hemp plant still has a content over the allowed THC amounts, the crop must be destroyed. Noem vetoed a bill that legalized hemp in the state during the 2019 legislative session for a lack of clear guidance and hemp program rules from the USDA. The USDA has since released a rule outlining the provisions needed to approve a state or tribal hemp production plan. Noem has already signed several pieces of legislation that are directly related to agriculture. In other legislature news: Height limits for trailers carrying baled feed. The height limit for trailers hauling baled feed was changed to 15 feet after Noem signed House Bill 1084 on Feb. 27. The bill’s emergency clause makes it effective immediately. Previous state law allowed trailers carrying baled hay that is stacked up to 14 feet and three inches high to operate on a public highway. The legislation notes that public authorities are not obligated to make any changes to clearances on public roadways as a result of the maximum height increase. Noem signed another law impacting owners of agricultural land in the state on Feb. 27. The director of equalization for a county may adjust the assessed value of ag land by several additional factors and is required to document why those adjustments were made. Agricultural land in South Dakota is assessed based on a productivity model. The director of equalization determines the capacity of the land to produce ag products, and may make adjustments to that assessment based on the land’s location, size, soil survey statistics, terrain, topographical conditions, climate, accessibility or surface obstructions. The bill makes it a requirement that each adjustment is documented by using data from sources related to the adjustment being made. Current state law makes the documentation of an adjustment optional. “The director of equalization shall document all supporting evidence for the adjustment determination. The director of equalization shall provide any adjustment documentation to the department upon request. The adjustment documentation must be kept in the director of equalization's office for the life of the adjustment,” the legislation states. Property owners who feel their ag land’s productivity is affected by any of the factors listed above can request the director of equalization to review the land. The request is made through a form provided by the state Department of Revenue. The law will go into effect July 1. State Brand Board Legislation signed into law March 9 and takes effect immediately that allows the South Dakota Brand Board to hire four law enforcement officers who will focus on enforcing state marking and branding laws and serve as brand inspectors. The previous state law was written to state that the South Dakota Attorney General’s Office may provide investigators that have law enforcement abilities to work as inspectors for the state brand board. Now the brand board has hiring authority of up to four certified law enforcement officers who will also be trained as inspectors. The bill was signed by Noem on March 2.
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Ohio’s Attorney General has rejected language for a proposed amendment to legalize recreational marijuana on the fall ballot. The move is not unusual, but it does add an additional hurdle for organizers. Backers of the “Regulate Marijuana Like Alcohol” amendment say their proposal, if approved by voters, would allow anyone over 21 to buy, possess and consume marijuana like they do beer, wine or liquor. The amendment would also allow residents to grow up to six marijuana plants. They argue that tight controls on the state’s existing medical marijuana program prevent people who say they want the product for a medical condition from getting it. Those dispensaries began opening in January 2019. But Attorney General Dave Yost says the proposed language makes statements that are not backed up, and that it fails to note this amendment would be written into the constitution. Backers must make changes to the amendment and resubmit it to the Attorney General. That’s not unusual, but organizers only have until July to get the language approved and gather more than 440,000 valid signatures. In 2015, Ohio voters overwhelmingly defeated a ballot issue to legalize marijuana. Recreational marijuana use is currently legal in 11 states.
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March 11, 2020
USDA Approves Hemp Plans For Georgia And Montana
The U.S. Department of Agriculture (USDA) has approved hemp regulatory plans for two additional states and one Indian tribe. With approvals for Georgia and Montana announced on Friday, that brings the total number of states that have had their proposals cleared to ten. The Sisseton-Wahpeton Oyate Tribe’s approval raises the number of authorized tribal plans to 12. While USDA is still considering changes to interim federal rules for the crop since its legalization under the 2018 Farm Bill, it has systematically been approving plans submitted by states and tribes. “USDA continues to receive and review hemp production plans from states and Indian tribes,” the department said in a notice. Industry stakeholders have welcomed the department’s commitment to ensuring that the hemp market is supported. However, they raised a series of issues with the proposed interim final rule that USDA released last year. USDA announced last month that it had considered the feedback and decided to temporarily lift two provisions that the industry viewed as problematic. Those policies primarily concern testing and disposal requirements. The department declined to revise the THC limit, however, stating that it’s a statutory matter that can’t be dealt with administratively. Agriculture Secretary Sonny Perdue testified at a congressional hearing last week that the Drug Enforcement Administration is partly to blame for the imposition of restrictive policies in hemp regulations. Separately, the Food and Drug Administration submitted an update last week on the status of its regulations for hemp-derived CBD. The agency said it is in the process of determining whether the cannabis compound can be marketed as a dietary supplement, and it’s still developing enforcement discretion guidance for cannabidiol. A public comment period was reopened indefinitely for individuals to submit feedback on the cannabis compound.
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