Anyone transporting hemp plants in Georgia would have to carry documentation or risk arrest, according to a bill the Georgia General Assembly passed Monday. The state Senate voted 34-13 to approve the measure, which would sets rules for Georgia’s new hemp farming industry. The legislation, House Bill 847, now advances to Gov. Brian Kemp for his signature or veto.The legislation would require hemp farmers and processors to obtain licenses, allow hemp sales to out-of-state businesses and raise the annual processing fee to $50,000 a year, up from a $10,000 fee set last year. The fee for growing hemp would remain at $50 per acre, up to a $5,000 maximum.“This is going to be a phenomenal industry for our state. This is a way to get it off the ground,” said state Sen. Tyler Harper, a Republican from Ocilla. Assembly approved hemp farming last year, allowing people to grow and manufacture the plant used to make CBD oil, a popular health product that’s currently imported to Georgia from other states. Hemp contains less than 0.3% THC, the compound that gives marijuana users a high.By requiring licenses to transport hemp in Georgia, the bill would empower police to enforce marijuana laws when they can’t tell the difference between legal hemp and illegal marijuana plants, which look similar but have different chemical compositions.Police could use a field test to determine whether a green leafy substance is marijuana, state Rep. John Corbett, a Republican from Lake Park, said during a committee hearing last week. Possession of CBD oil would continue to be allowed, without needing a license or documentation. Opponents of the legislation said the $50,000 processing fee would shut too many people out of a hemp industry that could benefit hard-hit farmers, especially in South Georgia. “You’re squeezing them out and making it a much smaller industry for just a few people,” state Sen. Freddie Powell Sims, a Democrat from Dawson, said during last week’s committee meeting. “That’s not right. That’s not fair.”
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In the year and a half since hemp was federally legalized, various military branches have issued guidance, broadly prohibiting active duty members from using products derived from the crop despite the legal status change. But a little-noticed memo is helping to explain the trend. In February, the Department of Defense (DOD) announced a new policy barring all active and reserve service members from using hemp products, including CBD. The memo acknowledges that hemp was legalized under the 2018 Farm Bill, but it said the risk of exposure to products potentially containing excess THC is too great. “These legal changes and the resulting introduction of hemp products containing up to 0.3 percent THC in the marketplace create a serious risk to the viability of the military drug testing program for a number of reasons,” Under Secretary of Defense Matthew Donovan said. The memo, which was first noted by the Uniformed Services University in March but largely went under the radar until DOD’s Operation Supplement Safety program tweeted a link to it on Monday, states that regular use of lawful hemp products could result in a positive urinalysis test for THC. Additionally, the Food and Drug Administration (FDA) does not certify THC concentrations in CBD products that are widely available in the marketplace, it says. “Consequently, Service members cannot rely on the packaging and labeling of hemp products regarding whether the amount of THC contained in the product could cause a positive urinalysis result,” the memo continues. The department also said that because so many hemp products are being introduced, it isn’t practical for them to develop a list of individual brands that meet their standards. “Since it is not possible to differentiate between THC derived from legal hemp products and illicit marijuana, and these products could cause or contribute to a THC positive urinalysis result, I find that the use of hemp products could effectively undermine the Department’s ability to identify illicit THC use,” Donovan wrote. “Accordingly, I find that protecting the integrity of the drug testing program requires the prohibition of the use of all hemp products, subject to the exclusions set out in this memorandum, even though such a prohibition will, in some instances, extend to products the normal use of which could not cause a positive urinalysis result. I specifically find a military necessity to require a prohibition of this scope to ensure the military drug testing program continues to be able to identify the use of marijuana, which is prohibited, and to spare the U.S. military the risks and adverse effects marijuana use has on the mission readiness of individual Service members and military units.”
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June 21, 2020
Cannabis legalization bills pass key hurdle
The Ministerial Committee on Legislation decided on Sunday to advance two separate bills that would legalize cannabis, guaranteeing the coalition’s support for them in the Knesset. The bills were submitted by Likud MK Sharren Haskel and Blue and White MK Ram Shefa. Haskel said she has fought for the bill for five years but her persistence on behalf of what she said are more than a million cannabis users paid off. “Many sick people and other cannabis users will soon be able to breathe easier,” Shefa said. “Israel will soon join liberal countries like Holland and Canada. It is taking a big step toward full legalization.” Former health minister Ya’acov Litzman (United Torah Judaism) voted against the bills. Shas’s representative on the committee, Religious Services Minister Ya’akov Avitan did not participate in the vote. Bayit Yehudi leader Rafi Peretz voted against it. “Cannabis is a dangerous drug, and if people need it, they can get it by prescription,” Litzman said. The bills state that possessing up to 50 grams or up to 2 cannabis plants in a private place for personal use (grown under natural light) would not be a crime. Possessing more than that would still be subject to a large fine and using cannabis in public would remain illegal. Those who have been convicted of using cannabis privately could ask for their convictions to be canceled. The private use of cannabis would be permitted to Israelis from the age of 21, with the exception of those working in security positions. In addition, it would be prohibited to drive while using cannabis, and an advocacy fund will be set up to educate people in schools about the dangers of using cannabis and to prevent addictions. All advertising restrictions relating to tobacco would also apply to cannabis products. If the bill passes, it could pave the way for the establishment of cannabis retail outlets in Israel. The bills are expected to pass a preliminary reading in the Knesset plenum on Wednesday and then will be combined in committee. They will then be brought back through the legislative process as a government-sponsored bill and will then have to pass three more times each in the plenum and committee to become law. Meretz faction chair Tamar Zandberg said she hopes the process of legislating the bills is completed as soon as possible.
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June 19, 2020
Police Would Have To Prove ‘Actual Impairment’ In Medical Marijuana DUIs Under New Pennsylvania Bil
Every time a medical marijuana patient gets behind the wheel of a car in Pennsylvania, they face risk of arrest and imprisonment, even if they’re completely sober and fine to drive. Under current state law, any trace of THC or its metabolites in their blood can be charged as driving under the influence (DUI). But a new bill introduced this week would change that by exempting legal medical cannabis use from the state’s law against DUI. Under the proposal, police would have to demonstrate that a state-licensed patient was actually impaired on the road rather than simply provide evidence of past use. “We need to ensure that the legal use of this medicine does not give rise to a criminal conviction,” state Sen. Camera Bartolotta (R), who introduced the legislation Friday, said in a statement about her bill. “Patients fought tooth and nail for years to see the use of medical cannabis legalized to treat a variety of terrible health conditions. They should have the peace of mind to know that they will not be punished later for using their prescriptions responsibly.” Pennsylvania legalized medical marijuana in 2016, with the first dispensaries in the state opening in 2018. But the state’s zero-tolerance DUI law still doesn’t reflect those changes. Because it criminalizes the presence of any THC or its metabolites in a driver’s blood—which can be detected for weeks after a person’s last use—the law puts virtually all medical marijuana patients at risk, even if it’s been days since their last use and they show no signs of impairment. Bartolotta’s bill would require officers to prove a registered patient was actually impaired on the road. The measure was “created in cooperation with patients, attorneys, and the Pennsylvania District Attorney’s Association,” her office said, and “would prevent patients from being arrested and prosecuted for legally using medical cannabis that does not affect a driver’s ability to safely operate a vehicle.” “Unfortunately, Pennsylvania’s ‘zero tolerance’ driving under the influence (DUI) law does not contemplate the difference between medicinal and recreational use of marijuana,” the senator wrote in a cosponsorship memo to colleagues last month. “Because of this, unimpaired patients currently face the risk of being arrested, prosecuted and convicted for using medicinal marijuana that has no bearing on their ability to drive a vehicle.” “Given the very serious consequences of a DUI conviction, my legislation will provide critical protections for medicinal cannabis patients by ensuring responsible use of their legal medicine does not give rise to a criminal conviction,” she said.
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June 19, 2020
Bernie Sanders calls for marijuana legalization in Senate floor speech on policing reform
US Senator Bernie Sanders said Wednesday that Congress should federally legalize marijuana as another step toward enacting policing reform and addressing racial injustices. During a speech on the Senate floor, Sanders discussed a wide range of changes that he feels should be implemented to policing and criminal justice policies. The former presidential candidate is one of several policymakers who have recently argued that ending the criminalization of cannabis could mitigate unnecessary law enforcement interactions amid growing outrage about police killings of black people. “Finally, and certainly not least importantly, we need to legalize marijuana,” he said toward the end of a nearly 25-minute address. “In the midst of the many crises we face as a country, it is absurd that, under the federal Controlled Substances Act, marijuana is at Schedule I, along with killer drugs like heroin.” “State after state have moved to legalize marijuana, and it is time for the federal government to do the same,” he added. “When we talk about police department reform, we must end police officers continuing to arrest, search, or jail the people of our country, predominantly people of color, for using marijuana.” The senator made similar points during a virtual town hall event with US Senator Cory Booker earlier this month. Along similar lines, US Representative Lou Correa argued during a House Judiciary Committee markup of policing reform legislation Wednesday that these policy changes should be coupled with ending marijuana prohibition in the name of racial justice.
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June 15, 2020
A Bill That Would Increase the Excise Tax on Cigarettes, Vapor Products and Other Tobacco Products
(Ballot Measure) Would increase the excise tax on cigarettes from by $1.10 per pack (from 84 cents to $1.94 per pack) on January 1, 2021; by 30 cents per pack (from $1.94 to $2.24 per pack) on July 1, 2024; and by 40 cents per pack (from $2.24 to $2.64 per pack) on July 1, 2027. Would establish a minimum price for cigarettes at a rate of $7.00 for a pack and $70 for a carton until July 1, 2024; and $7.50 for a pack and $75 for a carton on July 1, 2024.
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June 12, 2020
Iowa Legislature Approves Tobacco Purchasing Age Increase, Governor Expected to Sign Bill
On Thursday night, the Iowa House of Representatives approved SF 2268, a piece of legislation that will increase the minimum age to purchase tobacco and vaping products from 18 to 21-years-old, which will bring the state in line with the federal age that was raised to 21 at the end of 2019.
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Almost all arrests for possession of marijuana would be eliminated in New Jersey if a new bill is adopted by the state legislature. The bill would not legalize marijuana — that decision is being left to the voters on Nov. 3. But the new legislation seeks to reduce cannabis users’ encounters with police. “New Jersey is ready to vote yes on recreational marijuana," said the bill’s sponsor, State Sen. M. Teresa Ruiz (D., Essex). “But until we get that up and running, we shouldn’t have laws in place that create obstacles for people, particularly for communities of color. This is important at any moment in time, but especially now.” The decriminalization bill (S2535) would allow the possession of up to a pound of marijuana without the threat of arrest.
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Nevada could become the latest state with legal marijuana sales to pardon people convicted in the past of low-level marijuana possession. Governor Steve Sisolak said Thursday he’ll ask the state Board of Pardons next week to consider unconditionally lifting non-violent criminal convictions for possession of 1 ounce (28 grams) or less of marijuana not for purpose of sale. The Democratic governor said in a statement that tens of thousands of people could be affected.
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June 12, 2020
Navajo Nation sues over hemp growing operation
The Navajo Nation Department of Justice is suing a tribal member over what authorities say is an illegal hemp farming operation in northwestern New Mexico. Navajo Attorney General Doreen McPaul said the lawsuit was filed Thursday in tribal court. The complaint names Dineh Benally, Native American Agriculture Co., and Navajo Gold Co. Benally and his businesses are accused of running an industrial hemp operation within the reservation’s boundaries and unlawfully issuing tribal land use permits to foreign entities to grow and cultivate hemp on the Navajo Nation. David Jordan, an attorney for Benally, said he hasn’t seen a copy of the complaint and declined to comment. As part of the case, tribal prosecutors are seeking a temporary restraining order and a preliminary injunction to stop Benally's operations.
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