March 11, 2020
Bringing Hemp Into Florida Prisons, Jails Could Become Felony Under Bill Now On Gov. DeSantis' Desk
Bringing hemp into a state prison or county jail could soon be a felony offense in Florida, under a bill that’s on its way to the governor’s desk. The legislation revises the list of contraband in facilities statewide. “Because hemp is indistinguishable, it will prohibit hemp, and therefore prohibit more weed in our facilities,” House sponsor Scott Plakon said, before his chamber passed the Senate’s version of the bill Tuesday. The measure would make bringing hemp and medical marijuana into prison, jail or juvenile detention facility a third degree felony. That’s punishable by up to five years in state prison and a fine of up to $5,000. “The kind of determination, or definition of what’s contraband under current law, is if it has the potential to threaten the security of a facility or negatively impact the security of the people within,” Plakon told his colleagues. Growing and using hemp was legalized by the Florida legislature last year. Since then, local law enforcement have grappled with the change, as hemp is identical to marijuana in smell and appearance. Some state attorneys stopped prosecuting small pot possession cases. Plakon and proponents of the bill say banning hemp as contraband will eliminate any such confusion. “A yes vote on this today will do just that. It will prevent marijuana from coming into our facilties, thereby helping the safety of the people within it. And think about how that can be traded for other things as well, which can be unhealthy … A no vote, seriously, will result in more marijuana in our facilities,” Plakon said. The bill ultimately passed with a 71-43, largely party-line vote. It also adds vaping devices to the list of banned items in any facility, county or state. The measure adds cell phones to the list of contraband items banned in facilities run by the Department of Children and Families and the Agency for Persons with Disabilities. Each of those would be a first degree misdemeanor if Governor Ron DeSantis signs the measure into law. House Democrats like Joe Geller put up a last stand fight, arguing the bill would keep people in a corrections system already fraught with problems. “People get on the wrong end of the law, they go into jail,” Geller said on the House floor. “We shouldn’t be all about finding ways to keep them thee indefinitely, and extend their sentences.” Dems tried to tack on an eleventh-hour amendment that would require a search of everyone who enters a state prison, including wardens and all correctional officers, but it was withdrawn. Rep. Dianne Hart was among those who pushed for the nixed amendment. “Not only do the inmates plant contraband, but so do our officers,” Hart said. Even though the proposed amendment didn’t make it into the bill, Plakon addressed his Democratic colleagues concerns, saying there are penalties in place for officers who smuggle contraband. “Several members have talked about contraband from officers being perhaps a bigger problem than coming in from the outside,” Plakon said. “I don’t know that, but even if that is so, this legislature took steps last year, in 2019, with Rep. Drake’s bill, HB 41, which provides enhanced penalties for correctional officers that would do bad things within the facilities of our correctional institutions.” The bill will go into effect in October of this year, if it gets a signature from the governor.
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March 11, 2020
Idaho House panel kills hemp legalization bill on 8-7 vote
After two days of testimony, a House committee on Wednesday voted 8-7 to kill the Senate-passed legislation to legalize hemp farming and transportation in Idaho — leaving Idaho as one of just two states, along with Mississippi, with no legal industrial hemp. Numerous Idaho farmers and farm groups spoke in favor of the bill, SB 1345, over the two days, as did the Ada County prosecutor’s office; those opposing it included retired law enforcement people and anti-marijuana activists who warned that the bill would open the door to the “marijuana-hemp culture” in Idaho. Rep. Caroline Nilsson-Troy, R-Genesee, the bill’s lead sponsor, said in her closing comments, “I want to talk about the ‘marijuana-hemp culture.’ … You can go to Albertson’s, you can buy hemp hearts, you can buy hemp milk … hemp lip balm … you can even buy hemp treats for your dog. Now you tell me how that equals a marijuana culture.” “I don’t think any of us have any intention of opening up Idaho to marijuana,” Troy declared. “We put so many sideboards on this bill, as I said, we could haul an elephant.” Committee Chairman Steven Harris, R-Meridian, originally called the bill dead based on a voice vote, but committee members, including House Assistant Majority Leader Jason Monks, R-Nampa, pressed for a division. Harris gave in, and the roll was called. Those voting in favor of Rep. Vito Barbieri’s motion to hold the bill in committee were Reps. Harris, Randy Armstrong, Brent Crane, Joe Palmer, Barbieri, James Holtzclaw, Heather Scott and Julianne Young. Those voting against it were Reps. Monks, Christy Zito, Kevin Andrus, Linda Hartgen, Elaine Smith, John Gannon and Brooke Green. The vote was 8-7. There were three states that still hadn’t legalized industrial hemp until just this week, when South Dakota passed legislation and sent it to the state’s governor. Now, just Idaho and Mississippi remain. Scott had made a motion to put the bill up for amendments, saying she thought it should be expanded to allow more processing, not just farming and transportation. “If we’re going to open up this market, let’s do it for everyone and just not a few farmers,” she said. “Welcome to my world of Goldilocks, too hot, too cold,” Troy said. “It’s hard to find just right on this issue.” Hartgen had made a motion to pass the bill as-is. But because Barbieri’s motion passed, neither of the other two was considered. Rep. Brooke Green, D-Boise, argued in favor of the bill. “This is a bill that has had some significant compromise,” she said. “It’s got winners and losers on both sides, not everyone is happy. But it ... really provides an opportunity for a new agricultural commodity to enter the market.” Deputy Ada County Prosecutor Scott Bandy told the committee, “We are in support of this bill. … It does allow law enforcement to make that distinction between hemp and illegal marijuana.” It was the Ada prosecutor’s office that charged three out-of-state truck drivers with marijuana trafficking after they drove loads of industrial hemp from other states through Idaho, because current Idaho law makes no distinction between industrial hemp and its psychoactive cousin, marijuana. Marijuana trafficking charges carry mandatory minimum prison terms. The truck drivers’ charges eventually were reduced. The federal government legalized industrial hemp, which has less than 0.3% THC, the psychoactive ingredient in marijuana, in the 2018 Farm Bill. When Troy was asked during the hearing what would happen if someone smoked hemp in an attempt to get high, she said, “It would be like smoking a bale of hay.” The hemp bill had passed the Idaho Senate on a 27-5 vote on Feb. 27.
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Indiana State Sen. Karen Tallian remembers the moment that sparked her interest in marijuana legislation. About a decade ago, Tallian represented a teenager right out of high school who was charged with marijuana possession when a party was busted by the police. The teen took a plea deal, complied with its conditions, and walked away with a criminal record. That conviction followed the young woman. Four years later, she earned her bachelor’s degree and was student teaching.The superintendent, after finding out about the conviction, told the young woman to find a new career. “She called me in tears. That is so wrong and so unnecessary,” Tallian said. “If that’s one story, I have 15 more. Those kinds of experiences were really what pushed me to say ‘This is a colossal waste of time and we don’t need to be doing this.’” Indiana is now surrounded by states that have legalized marijuana. Illinois and Michigan have legalized use of recreational marijuana and Ohio and Kentucky legalized medical use, with Kentucky’s vote just finalized on Feb. 20. Tallian, D-Ogden Dunes, who has authored, co-authored or supported medical or recreational marijuana legalization and/or decriminalization for around a decade, said Indiana legislators need to face the music. Michigan and Illinois state law allows personal, recreational use of marijuana. Any possession of marijuana in Indiana is a Class A misdemeanor, and can result in 180 days in jail with a maximum fine of $1,000. Tallian said she’s been slowly chipping away at cannabis restrictions, and isn’t giving up anytime soon. “I’ve offered every kind of discussion you could possibly think of. (Legislators) all know that they’re going to have to have this conversation …” she said. “The states are falling in line, I certainly hope that we’re not last. They know they have to have this conversation, but they just don’t want to.” State Rep. Mike Karickhoff, R-Kokomo, said he’s not afraid of the topic. He’s said he’s open-minded but cautious when it comes to changing marijuana legislation. “Our governor is very resistant to this. I don’t think we should (be next) but I think quite frankly there is a movement toward allowing medicinal marijuana, especially with what we’ve done with CBD oil,” Karickhoff said. “The argument is if we use it medicinally, then we’ll use it recreationally. ... But it’s still illegal federally, and Gov. Holcomb has been very firm he’s not going to support any legislation until the federal government legalizes it.” Michigan and Illinois state law allows personal, recreational use of marijuana. Any possession of marijuana in Indiana is a Class A misdemeanor, and can result in 180 days in jail with a maximum fine of $1,000. Tallian said she’s been slowly chipping away at cannabis restrictions, and isn’t giving up anytime soon. “I’ve offered every kind of discussion you could possibly think of. (Legislators) all know that they’re going to have to have this conversation …” she said. “The states are falling in line, I certainly hope that we’re not last. They know they have to have this conversation, but they just don’t want to.” State Rep. Mike Karickhoff, R-Kokomo, said he’s not afraid of the topic. He’s said he’s open-minded but cautious when it comes to changing marijuana legislation. “Our governor is very resistant to this. I don’t think we should (be next) but I think quite frankly there is a movement toward allowing medicinal marijuana, especially with what we’ve done with CBD oil,” Karickhoff said. “The argument is if we use it medicinally, then we’ll use it recreationally. ... But it’s still illegal federally, and Gov. Holcomb has been very firm he’s not going to support any legislation until the federal government legalizes it.”
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The Canadian government touted the benefits of its legal, regulated marijuana market in comments to the United Nations recently, saying that since legal sales began in the country a year and a half ago, “the illegal market has already lost 30% of its market share” and “rates of use have not changed among youth and young adults.” The remarks were delivered last Monday to the UN Commission on Narcotic Drugs by Michelle Boudreau, director general for Health Canada’s controlled substances department. As a whole, they portray the country’s decision to legalize cannabis as a victory for public health despite ongoing skepticism from some in the international community. Canada passed legislation to legalize marijuana for adults in 2018, becoming the largest nation ever to do so. The move technically ran afoul of international drug treaties that still forbid marijuana legalization, but the country nevertheless proceeded with the change. In her remarks to the UN commission, Boudreau stopped short of encouraging other countries to legalize, which may have further rankled UN officials, but she pushed back against international concerns that legalization would endanger public health and young people. “The illegal market has already lost 30% of its market share, and we have seen no corresponding increase in the overall size of the market,” Boudreau said, according to a written copy of her remarks. “This represents nearly $2 billion in sales that did not go to criminal organizations.” She added that “initial data suggests that rates of cannabis use have not changed among youth and young adults,” nor has the country seen an increase in movement of cannabis across international borders. “We will continue to collect data and evaluate the impact of Canada’s new regulatory framework and will ensure that any future decisions are well informed by this data,” Boudreau said.Canada’s comments were delivered less than a week after the UN International Narcotics Control Board (INCB) expressed skepticism around legalization, writing in an annual report that it “remains concerned at the legislative developments permitting the use of cannabis for ‘recreational’ uses.” “Not only are these developments in contravention of the drug control conventions and the commitments made by States parties,” the UN report said, but “the consequences for health and well-being, in particular of young people, are of serious concern.” There are signs, however, that global drug policy could be changing soon. The international prohibition on cannabis legalization is nearly 60 years old at this point, as contained in the 1961 Single Convention on Narcotic Drugs. And many, including the president of INCB itself, have openly wondered whether its cannabis provisions are out of date. Discussing cannabis and synthetic drugs during a UN presentation late last month, INCB President Cornelis P. de Joncheere questioned whether blanket prohibition is still the right approach. “We have some fundamental issues around the conventions that state parties will need to start looking at,” he said, according to Marijuana Business Daily. “We have to recognize that the conventions were drawn up 50 and 60 years ago.” Joncheere added that 2021 is “an appropriate time to look at whether those are still fit for purpose, or whether we need new alternative instruments and approaches to deal with these problems.” Last year, the World Health Organization recommended that marijuana be removed from the most restrictive category of controlled substances under the 1961 treaty. The proposal would shift cannabis and THC to the drug convention’s least-restricted category. The UN Commission on Narcotic Drugs was set to vote on the WHO recommendation this month, but the vote has been pushed back until December. In her statements to the UN, Canada’s Boudreau stressed the importance of her country’s public-health approach to drug policy. Part of that approach includes efforts to reduce stigma around drug use, she said, and to that end the nation has included “members of civil society, including people with lived and living experience with substance use, on our delegation.” “Canada is continuing to make efforts to reflect a broader range of voices in the design of all of our domestic drug policies, including civil society organizations, and people who use drugs,” she said.
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March 10, 2020
Mississippi Medical Marijuana Measure At Risk After House Approves Alternate Ballot Question
A ballot initiative to legalize medical marijuana in Mississippi suffered a blow on Tuesday after the House passed a resolution to include an alternative measure on the November ballot that could result in a less robust program for patients who need cannabis. Reform advocates grew concerned after lawmakers introduced a series of alternative resolutions in recent weeks. If more than one legalization measure appears on the ballot, there’s also a significant risk that the vote will be split and none will be approved. More than 200,000 signatures were collected to put Initiative 65 before voters. The alternative is regarded as more restrictive and prone to legislative interpretation, and advocates suspect the primary reason for its introduction was to kill the original, more far-reaching initiative by confusing voters. The House approved the alternate version it in a 72-49 vote. It now heads to the Senate, where it’s also expected to advance. According to advocates, House Speaker Philip Gunn (R) took a personal interest in ensuring that the chamber approved the alternative, pressuring members to fall in line. “[T]he House showed this morning that they couldn’t care less about the people who are suffering from debilitating medical conditions in our state and who could be helped with medical marijuana,” Mississippians for Compassionate Care, the campaign behind the ballot initiative, said in a statement. “If approved by the Senate, the legislative alternative will be listed alongside our initiative (Ballot Initiative 65) in a way that will prevent a fair up-or-down vote on medical marijuana by confusing voters,” the group said. “The Speaker is opposed to medical marijuana and is opposed to a fair vote on the initiative signed by more than 228,000 Mississippians. He used every bit of his power to muscle through the alternative and pressure House representatives to vote with him, even if they supported the people’s right to a fair vote in November.” But the speaker wasn’t the only force behind the push to defeat the initiative by putting a second measure on the ballot. The owner of an Arkansas cannabis cultivation business hired Mississippi-based lobbyists to oppose Initiative 65. Advocates alleged that the owner was hoping to get legalization legislation approved that’s more amenable to his business interests. A lawyer for the individual confirmed to Marijuana Moment that he intends to enter the medical marijuana space after the state enacts reform and hoped to see a merit-based program with licensing caps.
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March 10, 2020
Hemp Legalization Deal Reached in South Dakota
South Dakota Gov. Kristi Noem (R) and lawmakers have reached a deal to legalize hemp in the state, with the governor saying yesterday that $3.5 million has been secured in the budget for the state to “responsibly” start an industrial hemp program, the Associated Press reports. The House passed industrial hemp legalization legislation last week; however, Noem had promised to veto any hemp reforms without the funds for “one-time and ongoing” costs associated with hemp legalization. Noem vetoed a hemp legalization bill last year but indicated in January that she would sign a hemp bill so long as it included “guardrails” – including the $3.5 million, broad consent by growers for law enforcement inspections and a requirement they pay any costs associated with eradication of plants that test over the legal THC limits, and the banning of smokeable hemp products. Rep. Lee Qualm (R), the bill sponsor, told the Argus Leader that the measure approved by the House satisfies the governor’s ‘guardrails.’ Noem said that some of the funds for the hemp program – along with a pay raise for teachers and state employees – would come from underutilized Department of Health and Human Services program funds, according to the AP. Noem had previously opposed hemp legalization, saying in an op-ed last year that it would legalize THC-rich cannabis “by default.” In her January op-ed, Noem Noem said that with U.S. Department of Agriculture regulations, a South Dakota tribe getting the go-ahead from the federal government, and bordering states having legalized the crop, the state should move forward with the reforms. South Dakota‘s legislative session ends this week. The hemp bill is considered ’emergency legislation’ and requires a two-thirds majority to pass. If approved and signed by the governor, it would take effect immediately.
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March 9, 2020
Virginia lawmakers pass marijuana decriminalization bill
Lawmakers in Virginia passed a bill that would decriminalize the possession of marijuana in the commonwealth. The legislation makes possession of less than an ounce of cannabis a civil infraction, punishable by a $25 fine on the first offense. In addition, the bill creates a means by which citizens charged with possession can have their records expunged if their case is dismissed in court. "This means close to 30,000 people a year will no longer be labeled as criminals and no longer will suffer the negative repercussions of a criminal conviction,” state Sen. Adam Ebbin said Sunday, according to the Virginia Mercury. The current penalty for possession of marijuana in Virginia is up to 30 days in jail, in addition to a $500 fine. Lawmakers also approved a bill commissioning a study on the outright legalization of marijuana in the state. Several states have either decriminalized or legalized marijuana possession or consumption in recent years. The decriminalization bill now heads to Gov. Ralph Northam and would go into effect on July 1 if signed.
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March 9, 2020
Boston’s first recreational marijuana store opens, more than 3 years after legalization
Nearly four years after Massachusetts voters legalized recreational marijuana, Boston has its first adult-use cannabis store. Pure Oasis, which opened at 11 a.m. in Dorchester to dozens waiting in line, is also the first marijuana store owned by people in the state’s economic empowerment program, designed to aid those who were targeted by the war on drugs. Its grand opening marked a milestone in Massachusetts’ pioneering effort to use some of legalization’s windfall to rectify racial and social inequities. "This is part of why we did this — we set out on this journey a long time ago to show people who look like us that if you work hard and you persevere, then success is soon to come,” co-owner Kevin Hart said Monday. Hart, 45, a hospital director of operations, and his co-owner Kobie Evans, 48, a real estate agent, decided to start the business during the campaign to legalize marijuana in August 2016. They were sitting at Slade’s, a long-running Black-owned bar, lamenting the lack of wealth among people of color in Boston. As Black men, both had experienced being targeted by the police. Evans had tried pot, but he never loved it. Hart had also avoided it since being arrested for smoking pot in a college dorm room. Nevertheless, they wanted to seize the opportunity they saw when Massachusetts voters approved legalization in November 2016. The law included the nation’s first mandate to ensure that the disproportionately Black, Latino, and low-income communities with high rates of pot arrests benefit from the new industry. “Pure Oasis has set a wonderful precedent here,” said Commissioner Shaleen Title, who has championed equity initiatives for the Cannabis Control Commission. "I think we’ll see many more of these stores that are hiring people from the community, that are giving back to the community, and that are fulfilling the vision that Massachusetts voters had.” Customers visiting Pure Oasis on Monday were largely Black and local, many having walked to the store. Many locals inside — employees and customers — said they were proud to see a customer base that looks like their neighborhood. "I wanted to support a Black-owned business in the neighborhood and be a part of history,” said Kevin Knox, 33. "It shows the kids in the neighborhood that you can actually be able to open a business.” Another customer, Lisa Clement, 55, a retired cook, was first in line, having arrived at 9 a.m. excited to purchase some edibles to treat pain. “This is good — now people don’t have to be scared about the police stopping them,” Clement said. "It brings a lot of business and jobs to the community.” Pure Oasis’s storefront is mostly unmarked from the outside with shaded windows and no notable signage. But inside, customers are quickly greeted with the familiar skunky smell of a marijuana dispensary. The store is filled with natural light, and the walls are lined with glass cases and wooden shelves, displaying everything from marijuana flower and prerolls to handcrafted smokeless ashtrays. Massachusetts’s cannabis industry has evolved at a far slower pace than in other states, largely due to layers of bureaucracy and bottlenecks in local and state government. Within Massachusetts, Boston — which will eventually have at least 52 pot stores, according to state requirements — has lagged behind other municipalities in approving retailers. The state’s first two cannabis stores opened in November 2018, in Northampton and Leicester, near Worcester. Now, at least 40 stores have opened, generating $550 million in sales in 15 months. Greater Boston’s first cannabis store, New England Treatment Access, opened a year ago in Brookline. Many customers from Dorchester said they were thrilled to not have to drive to Brookline anymore. "This is much more convenient,” said Sheryle Cox, 40, a mall make-up artist who finds cannabis brings her relief from pain and stress. Mayor Martin J. Walsh congratulated Pure Oasis’s owners on Friday. He rejected suggestions that Boston should have moved faster. "I would rather be consistent and steady and have a very good outcome than rush and start approving facilities all over,” Walsh said.
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March 8, 2020
South Dakota tribe set to vote on legalizing marijuana
Members of the Oglala Sioux Tribe will vote this week on legalizing medical and recreational marijuana on South Dakota's Pine Ridge Reservation in an initiative that many hope will bring economic development to one of the most impoverished areas in the country. Neither South Dakota nor nearby Wyoming and Nebraska have legalized marijuana, and tribal leaders think pot could rake in millions of dollars. If the measure is approved, the Oglala Sioux Tribe would become the only Native American tribe to set up a cannabis market in a state where it's otherwise illegal. “People will be coming in from all directions to get their medicine,” said Ricky Gray Grass, a tribal leader. After witnessing the growth of the pot industry and the success of the Paiute Indian Tribe selling marijuana near the Las Vegas Strip, tribes across the nation — from the Red Lake Band of Chippewa in Minnesota to the Cherokee Nation in Oklahoma — are considering the economic and medical potential of marijuana. But they also face uncertain policy on marijuana enforcement under President Donald Trump's administration. Cherokee Nation officials have argued that legalization would threaten some of the federal funding the tribe receives. California tribes have hesitated to set up dispensaries over fears they could lose their gambling licenses, said California Democratic Rep. Lou Correa. He introduced a bill to ensure tribes could sell pot, but it hasn't gained traction. The Oglala Sioux Tribe is poised to test federal and state policy. Tribal members will vote Tuesday on whether to approve medical marijuana, recreational marijuana, and allowing alcohol at the tribe's casino. The tribal council is then supposed to implement any changes voters approve. Under the leadership of a new president, Julian Bear Runner, the tribe is arguing its sovereignty gives it the right to cultivate and sell marijuana. His office is pitching it as a “jump-start” to the local economy that would provide jobs and bring in money to fix crumbling roads. Bear Runner declared a “state of emergency” on the reservation in January over meth addiction, homicides related to drug trafficking and a lack of federal funding to address the problems. “We need an internal, regenerative, self-sustaining solution," said Chase Iron Eyes, a spokesman for the president. But those drug problems are the very reason some tribal members are hesitant to legalize pot. In an effort to sway them, Iron Eyes and Gray Grass have pitched marijuana via a weekly “cannabis hour” on the local radio station and community forums on the weekends. “I think it’s going to win by a landslide," said Gray Grass. One South Dakota tribe has already clashed with state and federal authorities over marijuana. The Flandreau Santee Sioux Tribe attempted to set up a marijuana resort in the eastern part of the state in 2015, but eventually burned its cannabis crop out of fear of a federal raid. State officials strongly opposed the tribe's plan. On Pine Ridge, tribal leadership is drawing up plans aimed at appeasing the state, including a prohibition of people taking pot off the reservation. Scott James, the Oglala Sioux Tribe's attorney general, said state laws still apply to people who aren't members of the tribe, even if they are on tribal land. But it's not clear how — or if — those laws would be enforced. “Marijuana enforcement is not the federal government’s highest priority at this point,” James said. The U.S. attorney's office for South Dakota declined to comment on the Oglala Sioux's plans. Tim Bormann, a spokesman for state Attorney General Jason Ravnsborg, said only that the office was watching Tuesday's vote. Meanwhile, South Dakota's laws could also change, with residents set to vote on whether to legalize medical and recreational marijuana in November.
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