May 1, 2021
Montana Governor Signs Legislation to Implement Marijuana Legalization, Begin Sales Next Year
Marijuana sales are set to begin in Montana in January of 2022, according to new legislation signed by Republican Governor Greg Gianforte. Gianforte on Tuesday put his stamp of approval on House Bill 701, which will implement and regulate a recreational marijuana program in the state, according to KTVH. Residents overwhelmingly voted to legalize adult-use cannabis in a ballot initiative during the 2020 election, with the measure getting nearly 57 percent support. Montana was one of five states to approve a marijuana reform initiative in November. The I-190 ballot initiative legalized the possession and use of marijuana for adults over the age of 21, imposed a 20 percent tax on marijuana sales, required the Department of Revenue to develop rules to regulate cannabis businesses, and allowed for the resentencing or expungement of marijuana-related crimes. Under Bill 701, existing medical marijuana providers will be allowed to get licensed to sell the drug recreationally. Montana legalized cannabis for medical use in 2004. The first legal sales of recreational marijuana will start on January 1, 2022. For the first 18 months, only current marijuana providers will be allowed to enter the market. Marijuana businesses can operate in Montana counties where a majority of voters supported the November ballot initiative. But the counties or cities also have the option to "opt out" of allowing the stores through a vote. In areas of the state where a majority of voters rejected the I-190 measure, recreational sales will not be allowed unless a local election is held to opt into the market.
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May 1, 2021
Effort to legalize marijuana in Louisiana fails, but other pot legislation remains in play
An upstart effort to legalize marijuana in Louisiana is dead for this year, but a bill to decriminalize weed remains very much alive and an expansion of the medical pot program is almost certain, signaling shifting attitudes toward the drug in the state. Legalization was led by an unlikely champion in young Republican Rep. Richard Nelson of Mandeville, an Eagle Scout who said he never smoked weed in his life but who argued prohibition has failed and the product should be legalized, regulated and taxed. But late Tuesday the full House rejected Nelson's bill to tax the drug if it was legalized 47-48, a test vote showing he couldn't get the 53 votes needed for his legalization bill to pass. "Our goal was to drive the conversation forward and we really did that," said Nelson, who cited multiple polls that show the majority of Louisians support legalizing pot. "It was always a long shot. "But it wasn't long ago that people thought Louisiana would never legalize marijuana. Now it seems clear it's not a matter of if we will legalize it, but when we will legalize it." Nelson also said his legalization bill helped pave the way for Democratic Shreveport Rep. Cedric Glover's bill to decriminalize weed to clear the House. Glover's House Bill 652 wouldn't legalize pot, but it would make possession of 14 grams or less — about half an ounce — a misdemeanor in all cases and limit the fine to $100 with no jail time.
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The Colorado health department recently issued a notice stating “chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of ‘industrial hemp product’.” The regulator was propelled to make an announcement due to the rising popularity of psychoactive tetrahydrocannabinol (THC) isomers, specifically delta-8 THC and delta-10 THC, Westword reports. The novel THC isomers are typically converted from federally legal hemp-derived CBD, permitted through the 2018 Farm Bill. Exploiting a loophole to sidestep the ban on delta-9 THC, the cannabinoids are particularly popular in jurisdictions where cannabis is still tightly regulated or illegal. However, as the bill was passed on the basis that hemp is not intoxicating, artificially creating mind-altering compounds from CBD is against the spirit of the law and throws the industry’s reputation into disrepute.
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May 1, 2021
Louisiana House rejects bill to tax recreational marijuana, likely dooming legalized weed this year and next
The Louisiana House rejected a bill Tuesday that would have taxed recreational marijuana if the state ever legalized it. The decision on the tax bill likely dooms the prospect of legalized marijuana in the state this year. It also likely dooms the approval of legalized weed next year, since tax bills cannot be brought up in 2022, as it is not a fiscal session then. The bill needs two-thirds of the House, or 70 votes, for approval. The vote was 47 in favor and 48 against. It would have taxed the sale of marijuana at 50 percent, with half of that going to the state's general fund and the other half to local governments. Twenty percent of the local share would have gone to law enforcement. The bill's sponsor, Rep. Richard Nelson, a Republican from Mandeville, has said the tax bill, along with a separate bill to legalize marijuana, could have brought in over $100 million in tax revenue a year. He said Tuesday he would not bring up his legislation to legalize marijuana after the tax measure failed. Despite being a red state, multiple polls show a majority of Louisianians support legalizing marijuana. This year marked the first time legislation to legalize recreational marijuana advanced out of a legislative committee. But Nelson's bill faced opposition from the politically powerful Louisiana Sheriff's Association, along with the state district attorneys association. During a committee hearing, Warren Montgomery, district attorney for St. Tammany and Washington parishes, cited multiple studies that reviewed the detrimental effects of legalized weed. During Tuesday's floor debate, Rep. Ted James, D-Baton Rouge, pointed out sheriffs may lose money if fewer people are jailed because marijuana is legal. Rep. Bryan Fontonot, R-Thibodaux, urged his colleagues on the House floor to vote against the bill, saying he thought experts should study how to divide up the tax revenue before approving the prospect to collect it. On the House floor, Nelson pitched that the tax bill provided the opportunity for the state start collecting and spending tax revenue on public services, if marijuana gets legalized this year or next. "Right now, all this money, we have zero. It's nothing. It's all going to the drug dealers. We don't pass this bill, it's going to go to the drug dealers this year, it's going to go to the drug dealers next year," he said. Louisiana does have legalized medical marijuana, which the legislature approved in 2015, though it was not made available to patients until 2019. Nelson has said he would push for legalization in the future if his attempt fails this year. However, he's said, 2023 may be a difficult year to get the measure passed since it is an election year.
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A bill that seeks to improve social equity in the state’s fledgling marijuana market and modify the rollout of legal pot sales has been approved by the Vermont House. The legislation, S.25, which was approved in a voice vote Tuesday afternoon, would establish a fund to help people of color and others affected by past marijuana laws to open businesses in the new marijuana market. The bill was first passed by the Senate in March. The bill would create the “Cannabis Business Development Fund,” and charge state officials designing a system of providing loans and grants to “social equity applicants” — that is, people who were disproportionately hurt by marijuana criminalization. The Senate introduced these provisions earlier this year after Gov. Phil Scott and others said that last year’s bill legalizing marijuana sales didn’t do enough to address social equity in the new marketplace. “Many, including the governor, did not believe that Act 164 went far enough in creating a cannabis market that was equitable and just,” said Rep. John Gannon, D-Wilmington, referring to last year’s marijuana law. It remains unclear who will qualify as a social equity applicant. Under the legislation, the Cannabis Control Board, the newly minted regulator of the industry, and Vermont’s director of racial equity will propose social equity criteria for lawmakers to consider next year. The bill also introduces some advertising restrictions for marijuana businesses.
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May 1, 2021
Bill To Federally Legalize Marijuana Reintroduced In Congress As Senate Prepares Separate Measure
A bill to federally legalize marijuana and promote social equity in the industry was reintroduced in the House on Friday. The legislation, sponsored by Judiciary Committee Chairman Jerrold Nadler (D-NY), was filed with a number of changes compared to the version that was approved by the chamber last year. The bill—which would remove marijuana from the Controlled Substances Act (CSA), allow people with cannabis convictions to have their records expunged and create a federal tax on marijuana with the revenue going to support community reinvestment and other programs—comes as Senate leadership is preparing to introduce a separate reform proposal with similar objectives. The Marijuana Opportunity, Reinvestment and Expungement (MORE) Act passed the House but did not advance in the Senate under GOP control. But this time around, advocates are optimistic that the policy change could be enacted now that Democrats run both chambers and the White House, and as more states are moving to enact legalization. “Since I introduced the MORE Act last Congress, numerous states across the nation, including my home state of New York, have moved to legalize marijuana. Our federal laws must keep up with this pace,” Nadler said. “I’m proud to reintroduce the MORE Act to decriminalize marijuana at the federal level, remove the needless burden of marijuana convictions on so many Americans, and invest in communities that have been disproportionately harmed by the War on Drugs.”
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Legal marijuana appears to be moving closer to reality in Connecticut with top lawmakers and key staffers for Gov. Ned Lamont reporting progress in negotiations on a legalization bill. Asked during a Thursday press briefing if he would partake if Connecticut legalized recreational cannabis the Democratic governor replied, “time will tell.” Lawmakers are moving closer to agreement on a bill to legalize recreational marijuana in Connecticut as the General Assembly heads toward its June 9 adjournment. “My 50-50 has gone up to 57-43,” House Speaker Matt Ritter, D-Hartford, said Tuesday of the odds a marijuana legalization bill will be passed this year. Top lawmakers and key players in the Lamont administration have been meeting frequently to discuss the issue. “We’re optimistic we’re going to come to a deal,” said Max Reiss, the governor’s chief spokesman. “Talks have remained constructive.” Ritter said the good news about the negotiations with Lamont has won over some skeptics. “As word gets out that the majority leader’s working group is making progress with the governor’s office, I’m struck by the number of people who I thought were ‘nos’ previously or ‘maybes’ who are king of getting there,” he said. Negotiators are trying to merge pieces of separate bills that passed the judiciary and labor committee earlier this spring. House Majority Leader Jason Rojas, D-East Hartford, said the equity component of the legislation will be key. “The whole conversation around equity is about ensuring that entrance to the [legal marijuana] marketplace is able to be accessed by communities ... that have been most impacted by the war on drugs,” he said.
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Legislation to close a gap in Michigan marijuana law that has allowed some untested products similar to marijuana to be sold passed Thursday in the state House. The legislation would include all THC products in the legal definition of marijuana, therefore subjecting all such products to the same level of testing, regulation and restrictions. THC is the main compound in cannabis and marijuana products that gets users high. The scientific name for THC is delta-9-tetrahydrocannabinol, so when Michigan looked to include THC in its laws it explicitly said “delta-9-tetrahydrocannabinol.” Due to the current narrow definition of marijuana in state law, gas stations and smoke shops in Michigan have been able to sell other hemp-derived products, which have similar intoxicating effects. That allowed untested and unregulated THC products to be purchased by people who shouldn’t, including minors, bill sponsor Rep. Yousef Rabhi said during a recent House Regulatory Reform Committee meeting. The state puts growers and processors through rigorous testing processes, Steve Linder, executive director of the Michigan Cannabis Manufacturers Association, said at the meeting. Linder said companies in the association are happy to comply with the process because they all create medicinal products. “Any product considered medicine should adhere to the same health and safety standards as medicines dispensed in pharmacies,” Linder said. Michigan legalized medical marijuana in 2008 and recreational marijuana in 2018. The bills received bipartisan approval. They now go to the state Senate and then to Gov. Gretchen Whitmer for consideration.
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New Hampshire residents overwhelmingly support legalizing marijuana and setting up a tax-and-regulate model for cannabis sales, according to a new poll. As broad reform legislation has languished in the GOP-controlled legislature, the survey published by the University of New Hampshire (UNH) on Tuesday found that three in four people back adult-use legalization. And 78 percent said that they favor allowing adults to buy marijuana from licensed retailers if it is legalized. Majorities of Democrats (86 percent), independents (83 percent) and Republicans (62 percent) said they support legalizing cannabis. The same trend was seen when it came to the question about allowing retailers to sell marijuana, with 87 percent of Democrats and 67 percent of Republicans favoring that model. In contrast, only 51 percent of New Hampshire residents say they have a favorable opinion of Gov. Chris Sununu (R), who is opposed to legalization. Support for cannabis reform has steadily grown over the nine years that UNH has been conducting the survey with the legalization question. In 2013, for example, only 49 percent of respondents said marijuana should be legal for adult use, compared to 45 percent who stood opposed to the policy change. This latest survey involved interviews with 1,824 people from May 13-17. Despite the increased support for marijuana reform, that has not translated into legislative action to end prohibition so far.
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Illinois decriminalized marijuana in 2016. Then, in 2019, the state legalized it for recreational use. As of Jan. 1, 2020, that legalization kicked in. Some thought legalizing it would reduce the black market and, in turn, stop illegal drug deals. "We anticipated to see this drop," Springfield Police Chief Kenny Winslow said. "So, it's not shocking or surprising to us." Winslow said the drop was expected, but legalizing cannabis has not lowered illegal sales. "No, we have not seen any reduction in the black market," Winslow said. Ward 2 Alderman Shawn Gregory said it's on him and other community leaders to help dealers figure out ways to sell inside the framework of the law. "We want people to be successful and not have to result to things that are illegal, especially when there is a legal way to do it," Gregory said. Winslow was asked if he thinks the streets of Springfield are safer since the legalization.
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