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Law The Cannabis Chronicles - Misc Cannabis News

ew Illegal Markets
Study: Consumers Willing To Pay A Premium For Legal Cannabis, Eschew Illegal Markets[/paste:font]
Thursday, 13 September 2018


Ontario, Canada: Consumers generally believe that cannabis sold in legal markets is "superior" to that available on the black market, and are willing to pay a premium for it, according to data published online ahead of print in the journal Addiction.

Investigators from Canada and the United States assessed adults' opinions with regard to the impact of cannabis pricing on their own purchasing habits.

Researchers reported that most consumers perceive legal cannabis to be of greater quality, and that the advent of a legal marijuana markets reduces consumer demand for black market products. Authors also reported that most consumers will pay a premium price for legal cannabis, up to approximately $14 per gram, but warned that excessive pricing can induce consumers to return to the illicit market.

They concluded: "[T]his study provides empirical evidence that cannabis users treat legal cannabis as a superior commodity compared to illegal cannabis, and exhibit asymmetric substitutability that supports the use of price policy that results in higher consumer costs for legal cannabis relative to contraband product. These findings suggest that availability of legal cannabis generally does not incentivize and expand the illegal cannabis market, unless the price of the legal product is too high. Pricing policy will need to be optimized to maximize the benefits of a legally regulated cannabis marketplace."

The findings are similar to those of a study published in July which concluded, "[T]he introduction of legal cannabis into the market may disrupt and reduce illegal purchases."

For more information, contact Paul Armentano, NORML Deputy Director, at: paul@norml.org. Full text of the study, "Price elasticity of illegal versus legal cannabis: A behavioral economic substitutability analysis," appears in Addiction.
 
Thanks Carol, nice article. As a grower/caregiver I look forward to being able to buy legal high quality meds for a fair market price. I havn't had a decent vacation in over 5 years.

In my state we vote on legalization this fall. The bill is called something along the lines of to treat cannabis like alcohol. If that's how it turns out, great! As I understand there are a lot of local inferior meds. Regulation would have to help it seems.

I'll probably still grow for myself, old habits die hard, but not year round.
 
U.S. congressional committee approves cannabis bill, but not without drama

The Medical Cannabis Research Act will now move to the House, where it will be voted upon.

The House Judiciary Committee approved the Medical Cannabis Research Act of 2018 on Thursday despite objections that the measure unfairly discriminates against those with criminal records.

If passed, House Resolution 5634 would require the attorney general to ensure that an adequate and uninterrupted supply of research-grade cannabis is available. The act also provides safe harbor protections for institutions participating in cannabis research. Republican Rep. Matt Gaetz of Florida, the sponsor of the legislation, said in a release that he was pleased with the committee’s approval of the bill.

“I am glad that the Judiciary Committee has reported the Medical Cannabis Research Act favorably, sending it to the House for a vote,” Gaetz said. “For too long, Congress has faced a dilemma with cannabis-related legislation: we cannot reform cannabis law without researching its safety, its efficacy, and its medical uses — but we cannot perform this critical research without first reforming cannabis law. The Medical Cannabis Research Act helps break that logjam, allowing researchers to study medical cannabis without fear of legal jeopardy.”

The chairman of the committee, Rep. Bob Goodlatte (R-Va.), who has opposed marijuana reform legislation in the past, said that more study into the medicinal uses of the plant is warranted.

“While there are many varying opinions on the issue of marijuana, one thing we all can agree on is that we need qualified researchers to study the science to determine if there are any potential medicinal benefits to chemicals derived from cannabis,” Goodlatte said.

Controversy Over Criminal Records

Before the committee vote, some members attempted to remove provisions of the bill that would deny anyone with a conviction for a felony or drug-related misdemeanor from employment by companies cultivating cannabis for research.

Ranking Democrat Rep. Jerrold Nadler of New York said before the committee voted that the bill as drafted “unfortunately and unjustly expands the collateral consequences of criminal convictions,” and would “compound this injustice by preventing the very people who have been harmed from participating,” according to Forbes.

In a letter sent to committee leadership on Wednesday, groups including the Drug Policy Alliance, the American Civil Liberties Union, Human Rights Watch, and Americans for Safe Access wrote that the employment restriction did not serve the public interest.

“There is no legitimate health or public safety justification for the inclusion of this language and we urge you to strike this unnecessary, punitive ban on individuals with previous drug law violations,” the letter states. “To help lower recidivism rates and improve public safety, we should be making it easier for people with records to obtain jobs, not more difficult.”

However, Goodlatte argued that it is “wholly appropriate that we set a firm standard for those who are supposed to be growing and manufacturing research-grade marijuana.” After debate, the provision was left in the bill, with Democrats expressing hope it could be removed with an amendment when the measure reaches the House floor.

Gaetz said approval by the committee is a step toward more fully realizing the medicinal potential of cannabis. “This vote will help unlock American innovation and discovery, and help researchers bring the cures of the future a little closer to reality,” Gaetz said.
 
Our various governments within the USA (ALL governments, you political partisans) continue to implement and defend completely idiotic policies like this and then wonder why they are held in abject contempt by the electorate. Yeah, there it is, prima facia evidence and our so called leaders are true cretins.

Border protection official warns that Canadian cannabis workers and investors risk lifetime ban from the U.S.

A top official of the U.S. Customs Border Protection confirmed earlier this week that anyone working or investing in Canada’s cannabis industry will be treated as if they are an illegal drug trafficker.

Despite that Canada will have legal cannabis nationwide in a month, and that a majority of states have legalized cannabis to some extent, the plant remains illegal at the federal level. The U.S. government views foreigners working in the marijuana industry the same way they would someone working for an illegal drug cartel or as a dealer, regardless of their home nation’s laws.

Executive assistant commissioner for the Office of Field Operations for Customs Border Protection (CPB) Todd Owen said Thursday that agents will give Canadians a lifetime ban if they are connected to Canada’s legal cannabis sector.

“If you work for the industry, that is grounds for inadmissibility,” Owen told Politico. “We don’t recognize that as a legal business. Facilitating the proliferation of the legal marijuana industry in U.S. states where it is deemed legal or Canada may affect an individual’s admissibility to the U.S.” He noted that investors from countries like Israel have been denied entry into the U.S.

It was reported earlier this summer that admitting to smoking marijuana currently or in the past can also result in a lifetime ban. He also noted that sniffing dogs can smell residue weeks after it’s been used so people crossing should not lie if the questions are asked.

“Our officers are not going to be asking everyone whether they have used marijuana but if other questions lead there – or if there is a smell coming from the car, they might ask,” Owen told Politico. “If you lie about it, that’s fraud and misrepresentation, which carries a lifetime ban.”

Legal experts have been warning Canadians about the risks since the decision to legalize came in June.

“It’s basically black and white—if you admit to a U.S. border officer at a U.S. port of entry that you’ve smoked marijuana in the past, whether it’s in Canada or the U.S., you will be barred entry for life to the United States,” said Washington-state lawyer Len Saunders.

He added that rather than lie at the border it is better to not respond to the questions. Refusal to reply will result in denial of entry for the day but not for life.

The commercial cannabis sector in Canada has already become a multi-billion dollar industry with more than 150,000 jobs expected to be created in the years to follow legalization. This is likely to cause a lot of problems for Canadians crossing the border.

“It’s going to happen even more, and especially now that they’re going after business travelers, it’s going to be the Wild West at the border. It’s going to be crazy,” Saunders told the Vancouver Star in July.
 
"First we must kill all the lawyers"



RICO Act Being Used by Attorneys to Hinder Legal Marijuana Businesses

As the 2018 outdoor cannabis harvest heads into its final phase across most of the country — including swaths of illegal cultivations spotted in California and Oregon by Fish and Wildlife officers hanging from helicopters — an ominous legal game is afoot.

A small group of lawyers in several states is attempting to sue hundreds of people on behalf of clients who reside near cannabis grow sites and claim proximity to flowering marijuana plants has lowered their property values or offended their olfactory senses.

These attorneys are using the Racketeer-Influenced and Corrupt Organization (RICO) Act, to cast huge nets over individuals connected to the allegedly offending growers, however tangentially remote or removed.

Nathan Howard, a defendant in an Oregon case and president of Oregon’s East Fork Cultivars, told Marijuana.com that his hemp and cannabis farm is 200 miles from a plaintiff whose case is based on skunky weed smells emitted by edibles producer Oregon Candy Farm. Howard called the use of the RICO Act a new “cottage industry” for lawyers seeking to make money off the cannabis industry.

Passed by Congress in 1970, the RICO Act was meant to target organized crime and persons engaged in a “pattern of racketeering activity” that included murder, robbery, extortion, terrorism, and other serious offenses.

This new application of the racketeering defense has attorneys tracking down individuals involved in the cannabis supply chain, regardless of whether they have ever touched the product. In July 2018, equine-law attorney Rachel McCart filed lawsuits naming more than 200 businesses — essentially every company that had ever done business with the Oregon Candy Farm, first reported the Willamette Week in Portland, Oregon.

Growers, processors, bakers, delivery companies, dispensary workers, and even bankers are receiving legal notices for activities assumed to be legal in the four states where racketeering cases have sprung up — California, Massachusetts, Colorado, and Oregon. In Massachusetts, a Harvard Square mall tried to stop a dispensary from opening, according to a complaint filed in U.S. District Court in the state. The case is pending.

“Some people don’t even know they’re being sued,” said Howard of East Fork Cultivars. “We got our notice in an email when I was at a festival.”

Gary Hartwick, president and CEO of California’s Exchange Bank, learned that his bank was being sued in late August 2018 when four families named him in a lawsuit claiming that noxious odors from a cannabis farm in Petaluma, California, prevented them from enjoying their homes.

Hartwick told Marijuana.com via email that his bank recorded a deed of trust for the cannabis farmers in 2015, long before a seed was ever planted, and has had no ties to the property since then.

Portland, Oregon-based attorney Andrew DeWeese expressed optimism when U.S. District Judge Michael J. McShane dismissed racketeering claims on Aug. 17, 2018, in the first of four pending cases in Oregon.

But DeWeese’s voice grew thin with anger at the mention of medical marijuana patients being pulled into the legal fray.

“Suing people who are fighting for their lives and who have no resources to pay for lawyers is predatory,” DeWeese told Marijuana.com.

“In a recent telephone conference between opposing parties, one of the defendants asked the plaintiffs’ attorney to reschedule a hearing because he had his chemotherapy treatment that day.”

DeWeese was referring to another lawsuit brought by attorney McCart against 43 defendants.

After successive attempts, McCart remained unavailable for comment.

RICO lawsuits against cannabis cultivators got their initial boost in June 2017 when the 10th U.S. Circuit Court of Appeals ruled in Colorado that neighbors of legal pot growers could sue over noxious odors.

Some in the industry are worried the lawsuits could threaten residential and small grow operations; experts are divided over the long-term threat they might pose.

Sebastopol, California-based cannabis attorney Omar Figueroa said that the publicity and increasing number of cases could encourage “copycat litigation.”

“These cases could eventually cause numerous headaches for the cannabis industry,” Figueroa told Marijuana.com.

Cristina Buccola, a New York-based attorney and cannabis and hemp business developer, said the flexibility and potential economic wins of RICO cases may seem plaintiff-friendly on the surface.

“But I don’t see an onslaught of disgruntled would-be plaintiffs lining up to pursue such claims without some barometer of how these cases are likely to fare in the long run,” Buccola told Marijuana.com. “Furthermore, litigation can be costly and there are no assured wins.”
 
I have deleted my comments on this article. While remaiing polite (that is, no name calling) and still valid IMO, I'm afraid that they may have led to a political partisan debate which was NOT my intention (and oh sweet mother of all, I am SICK of political arguments! LOL)

This says it all, IMO:

"Feinstein is up for re-election in November when she will be facing off against California state senator and fellow Democrat Kevin de León. De León supports the legalization of cannabis and has publicly come out in favor of another federal bill aimed at that goal, Senate Bill 1689."

Formerly Anti-Cannabis Senator Dianne Feinstein Backs Pro-Cannabis STATES Act
California’s Senator Dianne Feinstein appears to be changing her tune on cannabis.

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Dianne Feinstein, the senior Democratic senator from California, has signed on as a sponsor of the STATES Act, a federal marijuana legalization bill now pending in the U.S. Senate. Sen. Elizabeth Warren (D-Mass.) introduced and Sen. Cory Gardner (R-Colo.) cosponsored the Strengthening the Tenth Amendment Through Entrusting States, or STATES, Act in June of this year. If passed, the bill would amend the Controlled Substances Act so that it is no longer applicable to statutes “relating to the manufacture, production, possession, distribution, dispensation, administration, or delivery of” cannabis, according to the text of the measure.

On Thursday, Feinstein became the tenth senator to join as a cosponsor of the legislation, according to Senate records. Requests from High Times for comment from Sen. Feinstein’s press representatives have not yet been answered.

Other senators supporting the bill include Democrats Sen. Cory Booker of New Jersey and Sen. Michael Bennet of Colorado, and Republicans Sen. Lisa Murkowski of Alaska, Sen. Rand Paul of Kentucky, and Sen. Jeff Flake of Arizona. Sen. Warren has predicted that the measure will come before the full Senate for a vote if the Democrats are able to regain control of the legislative body in November’s upcoming elections.

Anti-Pot Past
Thursday’s endorsement of the STATES Act by Feinstein continues a shift in stance on marijuana from the senator, who has opposed legalization efforts in her home state of California. In May of this year, Feinstein announced that she had switched course on the subject and now wanted the federal government to respect states that had legalized cannabis.


“Federal law enforcement agents should not arrest Californians who are adhering to California law,” said Feinstein.

“My state has legalized marijuana for personal use, and as California continues to implement this law, we need to ensure we have strong safety rules to prevent impaired driving and youth access, similar to other public health issues like alcohol,” she added.

Prior to that declaration, though, Feinstein had been against legalization, vocally opposing Calfornia’s Prop 64 that legalized recreational pot in the Golden State in 2016. During that year’s campaign, Feinstein told reporters she would not be joining California Lt. Gov. Gavin Newsome in supporting the measure.


“That may be one of the few issues that I would disagree with Gavin on,” she said. “I am not really for recreational use of marijuana. Medical use, yes.”

She also has helped to perpetuate the discredited “gateway drug” theory about marijuana, referencing her time spent on California’s parole board for women in the 1960s.

“I saw a lot of where people began with marijuana and went on to hard drugs,” Feinstein said in 2014.


The senator also has expressed little faith in cannabis users behaving responsibly.

“The risk of people using marijuana and driving is very substantial,” she said.

Feinstein Up For Reelection In November
Some cannabis reform advocates have been skeptical of Feinstein’s apparent change in heart. Feinstein is up for re-election in November when she will be facing off against California state senator and fellow Democrat Kevin de León. De León supports the legalization of cannabis and has publicly come out in favor of another federal bill aimed at that goal, Senate Bill 1689.

“We need leadership in Washington that will push for real marijuana reform like Proposition 64, instead of fomenting unfounded fears about cartels and our kids. It’s time to cut a path toward progress and support proposals for comprehensive marijuana legalization like Senator Cory Booker’s Marijuana Justice Act,” reads a statement on the candidate’s website.

California voters will decide between Feinstein and de León during this year’s general election on November 6.
 
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Former U.S. Attorney believes ‘enforcement of cannabis laws was immoral.’

As Missourians prepare to vote in November on whether to legalize medical marijuana, proponents have support from someone who used to prosecute federal laws.

Former U.S. Attorney for Kansas Barry Grissom said Saturday that the federal classification of marijuana as a Schedule 1 controlled substance, along with heroin, is “absurd” and he said advocates of marijuana legalization were patriots because they are standing up for individual liberty. As a federal prosecutor, Grissom said, “I soon became a true believer that enforcement of cannabis laws was immoral.” Grissom was the keynote speaker at a conference in Kansas City of the Missouri Cannabis Industry Association.

Association chairman Dan Viets called Grissom one of the most “outspoken, articulate and effective advocates” for marijuana legalization. Missouri voters will decide three ballot measures to legalize medical marijuana. Two would amend the Missouri Constitution and a third would legalize cannabis by state statute.

One constitutional amendment, promoted by an organization called A New Approach Missouri, would allow doctors to prescribe cannabis for 10 specific medical issues, including epilepsy, cancer, chronic pain and PTSD. The measure would tax medical marijuana sales and direct the revenue toward health for veterans through the Missouri Veterans Commission.

The second constitutional amendment is promoted by Springfield, Mo., lawyer and physician Brad Bradshaw. It would create a state research institute that could determine what medical conditions can be treated with marijuana. It also would direct some tax revenue for veterans’ health care.

The third ballot measure is called the Missourians for Patient Care Act. Its proponents say it would be easier to set up a regulatory framework for medical marijuana under a statute that can be amended than it would a constitutional amendment that could only be changed by another vote of the people.

Grissom, who was appointed U.S. attorney by former President Barack Obama and served from 2010 to 2016, said public support for marijuana legalization has risen from 12 percent in 1969 to 61 percent now. If he was running for elective office, Grissom said, “I’m going to ride that horse.”

The former prosecutor also noted that cannabis legalization is not a partisan issue, pointing out that Hillary Clinton lost the electoral vote in North Dakota, Arkansas and Florida — three states that approved medical marijuana.

Grissom said that even before he stepped down as U.S. attorney he paid a surprise visit to the Washington office of NORML, the National Organization for the Reform of Marijuana Laws, and said “I’m here to help.”

Now in private practice, Grissom told his audience at the Crowne Plaza hotel that he does not use cannabis. But he said he believes it is bad public policy to use resources to prosecute and incarcerate people who do.

Grissom said legalizing marijuana creates jobs and money that does not go to cartels or other bad actors. But he said existing banking laws and regulations remain a challenge to those who would become entrepreneurs in a legal marijuana environment.
 
Remember when Coca-cola used Coca leaves? :myday:Now it's CBD they want to market.

 
Weed Could Soon Be Available for Medical Studies

For years, the only pot allowed in medical studies was poor-quality weed from the University of Mississippi — but a new bill could change that


Even as the majority of Americans have embraced legalizing marijuana either for medicinal or recreational use, Republican leaders on Capitol Hill have remained staunch opponents of weed. Now led by Attorney General Jeff Sessions, they’ve done everything they can to maintain the nation’s dysfunctional marijuana regulatory system, one that’s pitted the majority of states against the federal government’s continued prohibition of pot. On Thursday, however, things changed at the Capitol, as the powerful House Judiciary Committee unanimously took a historic, bipartisan step to unwind a small, but significant, part of the federal government’s anti-marijuana regime.

The committee passed a first-ever bill to ease some of the restrictions that have prevented marijuana from being widely studied for medicinal benefits. If it passes both chambers of Congress, the Medical Cannabis Research Act of 2018 would require Sessions to approve at least two new applications to grow and study marijuana, which the legislation’s sponsor, Rep. Matt Gaetz (R-FL), told Rolling Stone is a major milestone for his party.

“I think that the hardest vote for Republicans to take on marijuana is their first one,” Gaetz told Rolling Stone at the Capitol after his bill passed out of committee. “And so if we can create the broadest area of consensus to democratize access to research, I think, it will get us all thinking a lot more like adults going forward.”

Currently, only the University of Mississippi has a federal license to grow marijuana for research purposes, and their weed has been derided as a joke when compared to the pot many Americans now consume legally, because it’s more reminiscent of what was smoked in the sixties than the highly concentrated stuff that’s become the norm today. Gaetz’s legislation also forces the Justice Department to at least rule positively or negatively on 23 other pending applications to study marijuana.

For Gaetz and other marijuana proponents at the Capitol, the bill is intended to get the federal government to play the same role it does in approving prescription drugs for mass consumption.

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Matt Gaetz

“It’s unfortunate to put patients in the uncomfortable position to test various strains and dosages, instead of having the smartest people in the world collaborating to determine how cannabis can or cannot be helpful based on people’s symptoms,” Gaetz says.
As for the many marijuana opponents at the Capitol, they argue the legislation will

support their claim that marijuana is dangerous. Still, now that 31 states and the District of Columbia have legalized either recreational or medicinal marijuana, there seems to be a growing consensus to at least study the plant.

“While there are many varying opinions on the issue of marijuana, one thing we all can agree on is that we need qualified researchers to study the science to determine if there are any potential medicinal benefits to chemicals derived from cannabis,” Judiciary Committee Chairman Bob Goodlatte (R-VA) said in a statement.

With previously staunch marijuana opponents like Goodlatte, who is retiring after this term, now embracing research into marijuana, supporters see their efforts in the marble halls of the Capitol, and on the ground across the nation, finally pay off.

“I think what you see is people that have traditionally stood in the way of progress on marijuana issues are finally yielding to the intense pressure from rank and file members on the Democratic and Republican side, which really stems from the grassroots at the state level saying, ‘It’s about time for Congress to act,'” Rep. Jared Polis (D-CO), who is running for governor, tells Rolling Stone.

Still, marijuana advocacy groups don’t like that the compromise bill gave law enforcement agencies final approval on the new licenses or that the legislation bans people with past weed-related convictions from playing a part in the research. But elected pot-proponents are still cheering.

“While I would support opening it up to people who had marijuana related convictions, I don’t think that will stand in the way of the vast number of graduate students and PhD students and subjects that don’t have arrest records,” Polis said. “So in the name of scientific progress it was a compromise that we were willing to accept.”

All of these components are making even former marijuana foes slide up to the table. Back in 1996 Rep. Darrell Issa (R-CA) opposed his state’s ballot measure leagalizing widespread access to medical marijuana. But he supported this new bill in the Judiciary Committee, in part, because he says his fellow Californians still haven’t been given good scientific data from the federal government.

“When we passed medical marijuana years ago, we passed it without any science and with random claims,” Issa tells Rolling Stone. “We allowed it to be dispensed by medical professionals, which actually did not mean doctors. We do need to get to sound science on the health risk of marijuana and its derivatives and on the benefits.”

The new legislation also allows the Department of Veterans Affairs to conduct their own clinical studies of marijuana, which veterans have resoundingly asked for.

“That’s something that is really the Judiciary Committee against the Pharma industry, because the only people we can find that object, that must object, are those who in fact have other drug solutions that aren’t as herbal,” Issa continued.

As for the legislation’s future, the its main GOP sponsor, Rep. Gaetz of Florida, tells Rolling Stone he thinks his party should vote on the bill ahead of November.

“I would think that before the election it might be a good idea for the Republican Congress to take action on something that has the approval of over 80 percent of the Americans,” Gaetz says. “There’s something about the sound of your own gallows being built that tends to focus the mind, and as we’re potentially heading into the minority it might be good for our members in swing districts to show an embrace of science.”
 
Interesting approach.

South African court says marijuana use in private is legal

OHANNESBURG (AP) — South Africa’s top court says adults can use marijuana in private.

The Constitutional Court on Tuesday upheld a provincial court’s ruling in a case involving Gareth Prince, who advocates the decriminalization of the drug.

Prince says cannabis should be regulated in the same way as alcohol and tobacco. Government authorities have said cannabis is harmful and should be illegal.

The top court says an adult can cultivate cannabis in “a private place” as long as it is for personal consumption in private. It says the right to privacy “extends beyond the boundaries of a home.”

The court says it would be up to a police officer to decide if the amount of marijuana in someone’s possession is for personal consumption or dealing.
 
I'm all for it...do it....NOW.

Cop Congressman Wants To Drug Test All Of His Colleagues On Capitol Hill

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A Republican congressman—who also serves as a reserve deputy marshal—is pushing a new proposal that would require all of his colleagues in the House and Senate to undergo random drug testing.

Under the Exposing Congressional Drug Abuse Act, filed last week by Rep. Clay Higgins (R-LA), lawmakers would be screened for marijuana and other controlled substances once per term, “without advance notice.”

The first-term legislator initially floated the idea in a June Facebook video filmed from his car, just after being drug tested for his work with the Lafayette City Marshal’s Office.

“Why the hell doesn’t Congress have to have random drug screening?”

“Based upon some of the behavior I’ve seen, I’d be very interested to know what kind of illegal drugs are flowing through the veins of our elected officials in Washington, D.C.,” he said.

If the bill is passed, positive test results would be reported to the House and Senate ethics committees, and those panels would be directed to “publicly disclose the identity of each Member who refuses to participate in the program.” They could also “take other action against each such Member as appropriate.”

In a press release, Higgins said that “elected officials in Washington D.C. should be subject to the same kind of random drug screenings that blue-collar, working-class Americans have to endure.”

“Congress shouldn’t get to live by a different set of rules. This effort is about maintaining accountability and ensuring sober service to We, the People.”

The legislation was filed with zero initial cosponsors, and no other members have signed on since its introduction on Wednesday.

As the Monroe News Star first reported, Stephen Handwerk, the executive director of the Louisiana Democratic Party, bashed the Higgins proposal in a Twitter post, calling it a “gimmick.”

Under Higgins’s bill, lawmakers would have to reimburse Congress for the cost of their own tests.
 
Congress approves bill to expand medical marijuana research in the U.S.

If it goes the distance, medical marijuana research in the U.S. could make significant strides.

It has been two years since the U.S. Drug Enforcement Administration announced that it would allow more cannabis growers other than the University of Mississippi to cultivate marijuana for research purposes. But the licensing process for this expansion, which was initiated under the Obama administration, has been jammed up indefinitely ever since U.S. Attorney General Jeff Sessions took the reins at the Justice Department.

President Trump’s leading law enforcement henchman said earlier this year, “there may well be some benefits to medical marijuana, and it’s perfectly appropriate to study it,” but still he refuses to allow the additional cultivation applications to be dealt with.

Lawmakers have sent the attorney general a number of letters urging him to take action. The latest correspondence, which was signed by Senators Kamala Harris of California and Orrin Hatch of Utah, said, “it is imperative that our nation’s brightest scientists have access to diverse types of federally-approved, research-grade marijuana to research both its adverse and therapeutic effects.”

It is for this reason that U.S. Representative Matt Gaetz introduced the Medical Cannabis Research Act. The bill is modest by design, as it would only serve to bypass the Department of Justice on the research marijuana licensing deal and put the job in the hands of Congress. The House Judiciary Committee, which is responsible for the drug enforcement efforts of the federal government, recently approved the measure. If it goes the distance, medical marijuana research in the United States could make significant strides from where it has stood for more than the past five decades.

“For too long, Congress has faced a dilemma with cannabis-related legislation: we cannot reform cannabis law without researching its safety, its efficacy, and its medical uses — but we cannot perform this critical research without first reforming cannabis law,” Gaetz said in a statement following the bill’s approval.
“The Medical Cannabis Research Act helps break that logjam, allowing researchers to study medical cannabis without fear of legal jeopardy,” he continued. “This vote will help unlock American innovation and discovery, and help researchers bring the cures of the future a little closer to reality.”

In the weeks leading up to the hearing, cannabis advocates argued that while the bill would bring about some important changes in the grand scheme of marijuana research, they were not pleased by a provision tucked inside of it that would prohibit anyone with a “conviction for a felony or drug-related misdemeanor” from qualifying for a license.

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The Medical Cannabis Research Act helps break that logjam, allowing researchers to study medical cannabis without fear of legal jeopardy.

The issue came to a head prior to the vote, where the combined written testimony from groups like the American Civil Liberties Union, Human Rights Watch and the Drug Policy Alliance said, “there is no legitimate health or public safety justification for the inclusion of this language.”

“We urge you to strike this unnecessary, punitive ban on individuals with previous drug law violations,” the statement read.

Ultimately, a compromise was made. The bill continues to ban felons from becoming a cannabis grower for the federal government, but those with a “drug-related misdemeanor” could still apply. Not all lawmakers were onboard with the idea of eliminating these restrictions, but in the end, the compromise was kept in the final bill.

Interestingly, Representative Gaetz, who drafted the bill, testified before the committee that the drug conviction aspect was not included in his original draft. He told committee members that he was urged by people connected to the cannabis industry to incorporate the langue in an effort to prevent riff-raff from having a shot on a license.

The bill, which also includes permission for doctors employed with the Department of Veterans Affairs to discuss medical marijuana with their patients, now heads to the House floor. A separate House committee recently eliminated this permission from a VA funding propos
 
Yeah? Then how come almost ALL MJ related advertisments and articles seem to feature pictures of tattooed, pierced, and often disheveled young people hitting (name it...joint, nail, whatever). If not the "stoner" look, then its the ever so young and hip millenials sitting around a campfire playing a guitar and looking beautiful. Its makes me crazy. This is an example, great huh...from High Times mag:

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or this one:

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This one will certainly help in dispelling that sterotype, eh?

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Nothing absolutely wrong with tattooed or pierce or tie dye wearing people. But they are NOT the entire community nor, I believe, are they the segment with the most money to spend on MJ and accoutrements.

I believe that recent articles have indicated that the fastest growing segment of the MJ community is actually seniors with medical issues and I see the truth of this every time I go into a dispensary here in MD.



Marijuana industry fights 'stoner,' 'pot' and other words that stigmatizes people

There’s a badge on her uniform, possibly a gun on her hip, and her arms are spread a little, suggesting she’s ready for anything. You might think that you’re looking at a police officer walking a beat.

But what you’ve seen on billboards and, more recently, the internet is an effort by MedMen Enterprises of Culver City to remind you that marijuana users come from all walks of life. They can be cops, nurses, teachers, scientists, construction foremen and grandmothers. All these people appear in MedMen ads that also feature the word “stoner” with a line drawn through it. As in, let’s get rid of this.

“That word can be used to negatively stereotype people,” said Daniel Yi, senior vice president of communications at MedMen, which operates 14 retail pot stores, including one in San Diego. “We want to take that stigma away. We want to make marijuana mainstream.”

MedMen’s $2-million “Forget Stoner” advertising campaign made its debut earlier this year and is part of a larger push by the cannabis industry to normalize the use of marijuana. MedMen says in its ads that people from all walks of life use marijuana, and that using the word stoner can cast them in a bad light. Actors were used for the ads.

Some retailers have asked media outlets to stop using the world “pot” because they think it carries a negative image — one that can dampen sales. Other companies, such as San Diego’s Kb Pure Essentials, partly avoid such issues by marketing cannabis-based health and wellness products — items such as oils and salves that customers use to treat sleep problems, stress and inflammation.

The products, which haven’t been evaluated by the government, contain CBD, a compound in cannabis that doesn’t get a person high. “It’s legal now,” said Brooke Brun, the company’s cofounder. “People don’t feel so bad about asking for it, or being seen at a CBD booth.”

The marijuana market has opened up since Jan. 1, when licensed retailers began selling recreational cannabis throughout California. And more growth is expected. “The negative prophecies didn’t come true,” said Dallin Young, executive director of the Assn. of Cannabis Professionals in San Diego. “California hasn’t turned into some ‘Mad Max’ world.”

But there’s still a stigma attached to marijuana. And it was apparent this month when Elon Musk, the controversial chief executive officer of Tesla, smoked weed on an entertainment program broadcast live on YouTube. The company’s stock fell the following day, a drop also affected by other issues at Tesla.

Musk also consumed alcohol during the program, which drew little notice. Yi has seen this kind of thing before and believes the public doesn’t treat the two substances equally, even though both are legal in California.

“The Stephen Colbert show (on CBS) does this thing where Colbert takes shots of tequila with some of his guests,” Yi said. “That doesn’t show up on the front page of the L.A. Times. “But Musk smokes one blunt on “The Joe Rogan Experience” and it gets lots of press coverage. Alcohol is acceptable, marijuana isn’t.

“Overall, cannabis is much healthier than alcohol,” Yi said. “But it is a free country. If you want to use to socialize, great. Just do it responsibly.” The San Diego Union-Tribune got mixed responses to MedMen’s push to discourage people from using the word stoner, and to the kind of thinking expressed by Yi.

“The alcohol industry has for eons shown advertisements of imbibers in all professions appearing to lead normal, healthy lives,” Don Paret of San Diego said. “Why (shouldn’t) the pot industry do the same? MedMen’s attempt to create a more legitimate image of pot users is no different than the alcohol industry portraying a similar image.”

Gary Deacon of Bay Park has a similar take, but he doubts whether MedMen, one of the nation’s fastest-growing cannabis companies, will be successful.

“While ‘stoner’ may conjure images of a permanently buzzed Jeff Spicoli-type [from “Fast Times at Ridgemont High”], I think trying to stop people from using it is a pointless and losing battle,” Deacon said. “Either embrace and reclaim the epithet by showing that ‘stoners’ can be productive contributors to society, or promote an alternate term for people to use.”

Some readers see the campaign as a naked attempt to make the drug mainstream and increase the profits of retailers. Alicia Espinoza believes heavy marijuana users need help getting straight, not a different nickname.

“When we see a stoner or someone who refers to themselves as a stoner, they are in no way an upstanding member of society,” said Espinoza, coalition coordinator for Drug Free Escondido.

“They are not appearing to make positive social changes or improvements in their lives or the lives of others. This is the reality that we see and live with, every day,” she said. “Changing the perception or definition of the word stoner would be nothing more than smoke and mirrors.”

Pat Klaasen of San Diego hears echoes of the nation’s current political climate in the discussions over the word stoner.

“Why are people so divided?” Klaasen said. “I think it has a lot to do with why all of America is so polarized in this era. Folks are either open or close-minded. They are willing to experience life and its wealth of options, or remain in their narrow, prejudiced mind-sets.

Stephen Martin of La Mesa has a different concern — MedMen’s inclusion of teachers and nurses in its ads. (Actors portray the figures in the ad.)

“I became a registered nurse and I can assure you I did not work high,” Martin said. “Now, the MedMen Enterprises have millions of dollars to try to social engineer current language to include nurse, teacher and grandma who choose to use cannabis for ‘medical reasons.

“I would like to hear the hospital or teacher union’s response to nurses or teachers who purchase cannabis legally and work high.

“Yeah, it’s legal,” Martin said. “(But) so is Budweiser, and the alcohol industry has finally gone (on) to responsible use.”
 
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"he who is least among you all is the one who is greatest"

Marianas...who knew?


Governor of the Commonwealth of the Northern Mariana Islands legalizes cannabis

Governor Ralph DLG. Torres has officially signed the legalization bill.

Gov. Ralph DLG. Torres of the Commonwealth of the Northern Mariana Islands (CNMI) signed groundbreaking legislation on Friday, legalizing the recreational use of cannabis for the small United States territory. The Northern Mariana Islands is a small group of islands in the Pacific Ocean with a population of just over 55,000.

Torres held a signing ceremony for his approval of H.B. 20-178, the Taulamwaar Sensible CNMI Cannabis Act of 2018. The legislation was approved by the territorial Senate last week by a vote of 6-0-2 and cleared the House 108-1-1 in August.

“Today, our people made history. We took a stand to legalize marijuana in the CNMI for recreational, medical, and commercial use,” Torres said in a statement.

Possession, Sales, and Home Cultivation All Legalized
The law legalizes the possession of up to one ounce of marijuana and up to five grams of cannabis extracts for adults 21 and older. Possession of up to 16 ounces of cannabis-infused products in solid form and up to 72 ounces in liquid form was also legalized. Adults can also register to grow up to six mature and 12 immature plants for personal use. Medical marijuana patients are allowed to grow twice as many plants.

The law will also allow the commercial production and sale of cannabis. A CNMI Cannabis Commission must be appointed within 30 days to regulate the program. After it is formed, the commission will have 180 days to create and adopt rules for the program. Six license types will be issued including producers, testing facilities, processors, retailers, wholesalers, and lounges. Applications for licenses will be accepted once the regulations have been adopted and may not be unreasonably delayed or rejected.

The CNMI is the first United States jurisdiction to legalize recreational cannabis sales. All states that have done so have used the voter initiative process. The Vermont state legislature legalized possession of recreational marijuana, but not sales.

Activists Celebrate Legalization
Lawerence Duponcheel, the co-founder of Sensible CNMI, the group that sponsored the legalization bill, said in a press release from the Marijuana Policy Project that it was time for a change in cannabis policy.

“We are proud of our governor and the Legislature for ending the failed policy of marijuana prohibition in the Northern Marianas and adopting a more sensible system of regulation,” Duponcheel said. “We look forward to working with lawmakers, the Cannabis Commission, and other stakeholders to implement this legislation swiftly and responsibly.”

Karen O’Keefe, the director of state policies for the Marijuana Policy Project, noted that other U.S. jurisdictions now have a model for recreational cannabis legislation.

“We applaud the governor, the lawmakers, and the advocates of the Northern Mariana Islands for this historic accomplishment,” O’Keefe said. “Major policy changes do not come easy, especially when it means seeing past decades of propaganda. The work is not done yet, and we hope officials will continue to take a thoughtful and evidence-based approach to implementing this new regulatory system. Hopefully, lawmakers throughout the U.S. will take notice and look to CNMI as an example for how to end prohibition and establish an effective marijuana regulatory system.”
 
Marijuana Arrests Are Increasing Despite Legalization, New FBI Data Shows

Marijuana arrests are rising in the U.S., even as more states legalize cannabis.

There is now an average of one marijuana bust roughly every 48 seconds, according to a new FBI report released on Monday.

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Photo by Tom SydowPHOTO BY TOM SYDOW

The increase in marijuana arrests—659,700 in 2017, compared to 653,249 in 2016—is driven by enforcement against people merely possessing the drug as opposed to selling or growing it, the data shows.

Last year, there were 599,282 marijuana possession arrests in the country, up from 587,516 in 2016. Meanwhile, busts for cannabis sales and manufacturing dropped, from 65,734 in 2016 to 60,418 in 2017.

The increase in cannabis possession arrests comes despite the fact that four additional states legalized marijuana on Election Day 2016.

While among those states, legal recreational sales were only in effect in Nevada by the end of 2017, the prohibition on possession for adults was lifted soon after the successful votes there as well as in California, Maine and Massachusetts.

"At a time when more than 100 deaths per day are caused by opioid overdoses, it is foolish to focus our limited law enforcement resources on a drug that has caused literally zero," Don Murphy, federal policies director for the Marijuana Policy Project said in an interview.

"Actions by law enforcement run counter to both public support and basic morality," added NORML Political Director Justin Strekal. "In a day and age where twenty percent of the population lives in states which have legalized and nearly every state has some legal protections for medical cannabis or its extract, the time for lawmakers to end this senseless and cruel prohibition that ruins lives."

Overall, marijuana arrests made up 40.4% of the nation's 1,632,921 drug arrests in 2017.

Drug arrests as a whole also increased last year, up from 1,572,579 in 2016.

There is now a drug bust every 19 seconds in the U.S.

Okay... now look at this map. Granted this is Michigan specific but it also shows the uptick in cannabis arrests. After the efforts of law enforcement in Michigan last week where they held 6 statewide meeting to tell the perils of cannabis one has to wonder what the motivation is. I smell money.... this quote is from the NORML blurb that accompanied this map:

"Cops and prosecutors across the U.P. came out in force last week warning against the dangers of marijuana, but they neglected to mention the profound impact legalization would have on reducing their workload."

Hmmm... well if it reduces their workload then perhaps the wouldn't need as many officers... or work as many hours of overtime.... or get state income for equipment as often.... :cool:

42474829_1603989866372960_2358685623943954432_n.jpg
 
Marijuana Arrests Are Increasing Despite Legalization, New FBI Data Shows

Marijuana arrests are rising in the U.S., even as more states legalize cannabis.

There is now an average of one marijuana bust roughly every 48 seconds, according to a new FBI report released on Monday.

https%3A%2F%2Fblogs-images.forbes.com%2Ftomangell%2Ffiles%2F2018%2F03%2Fmarijuana-handcuffs-4-1200x800.jpg

Photo by Tom SydowPHOTO BY TOM SYDOW

The increase in marijuana arrests—659,700 in 2017, compared to 653,249 in 2016—is driven by enforcement against people merely possessing the drug as opposed to selling or growing it, the data shows.

Last year, there were 599,282 marijuana possession arrests in the country, up from 587,516 in 2016. Meanwhile, busts for cannabis sales and manufacturing dropped, from 65,734 in 2016 to 60,418 in 2017.

The increase in cannabis possession arrests comes despite the fact that four additional states legalized marijuana on Election Day 2016.

While among those states, legal recreational sales were only in effect in Nevada by the end of 2017, the prohibition on possession for adults was lifted soon after the successful votes there as well as in California, Maine and Massachusetts.

"At a time when more than 100 deaths per day are caused by opioid overdoses, it is foolish to focus our limited law enforcement resources on a drug that has caused literally zero," Don Murphy, federal policies director for the Marijuana Policy Project said in an interview.

"Actions by law enforcement run counter to both public support and basic morality," added NORML Political Director Justin Strekal. "In a day and age where twenty percent of the population lives in states which have legalized and nearly every state has some legal protections for medical cannabis or its extract, the time for lawmakers to end this senseless and cruel prohibition that ruins lives."

Overall, marijuana arrests made up 40.4% of the nation's 1,632,921 drug arrests in 2017.

Drug arrests as a whole also increased last year, up from 1,572,579 in 2016.

There is now a drug bust every 19 seconds in the U.S.

Okay... now look at this map. Granted this is Michigan specific but it also shows the uptick in cannabis arrests. After the efforts of law enforcement in Michigan last week where they held 6 statewide meeting to tell the perils of cannabis one has to wonder what the motivation is. I smell money.... this quote is from the NORML blurb that accompanied this map:

"Cops and prosecutors across the U.P. came out in force last week warning against the dangers of marijuana, but they neglected to mention the profound impact legalization would have on reducing their workload."

Hmmm... well if it reduces their workload then perhaps the wouldn't need as many officers... or work as many hours of overtime.... or get state income for equipment as often.... :cool:

View attachment 5003
Yes, this is ALL about whose ox is being gored....or if you like this metaphor better, whose rice bowl would be made smaller. Budgets and staff result from arrest rates and convincing the purse string holders that crime is rampant in River City (reference to the Music Man, yeah haha).

But look at this map...so what is this...rural sheriffs busting future farmers of America out in the sticks for blowing a joint? Maybe?
 

Here are preliminary polling results for every marijuana ballot initiative this November


n a little over a month, Americans will head to the voting booths to vote in a very important midterm election that will have major impact on control of Congress and the Donald Trump presidency.

But there are also some very important marijuana initiatives being voted on as well, and the polls are definitely looking good.

Marijuana Business Daily put together all the available polling data to see how likely all the marijuana ballot initiatives are likely to pass this November. Here were the results.

Utah
The state of Utah is set to vote on a ballot initiative to legalize medical marijuana, and it's caused a lot of controversy. However, it also seems to be the most likely to pass. The average of 2018 polls shows that 70 percent of Utah voters support the initiative, so it will almost certainly pass.

Michigan

Michigan is one of two states that will vote on legalizing recreational marijuana this November. And like in Utah, the results are definitely positive. The average of all polls show 54 percent of Michigan voters supporting the initiative with only 38 percent opposed. And there are actually a number of polls showing close to 60 percent support, so it seems likely Michigan will join the ranks of recreational states in just over a month.

Missouri
Missouri is a little more complicated than the other states on this list. There are actually three different marijuana proposals on their ballot this November. One would simply make a new law that would allow people with a qualifying condition to purchase marijuana. Another would actually amend the state constitution to allow people to purchase medical marijuana with a qualifying condition, but would tax cannabis sales at 15 percent to support cancer research. And another constitutional amendment proposal would give doctors greater leeway when prescribing medical marijuana.

It isn't really clear which of the proposals, or if all of them will pass. But 54 percent of Missouri voters say they support amending the state constitution to legalize medical marijuana, and only 35 percent are against it. So it's likely one of these proposals will succeed this November.

North Dakota
North Dakota is the only state where the polls are not in favor of marijuana, but it's definitely not a lost cause. The state is voting on an initiative to legalize recreational marijuana, but currently only 42 percent support the initiative and 48 percent oppose it. However, there are 11 percent of voters who are undecided. So if the polls are a little off, and a good number of those undecideds end up voting for marijuana, then North Dakota may become a victory as well.
 
How Many Americans Can Hold A Joint Of Marijuana Without Fear Of Going To Jail?

A new Marijuana Moment analysis finds that a majority of Americans now live in places where first-time, low-level possession of cannabis will generally not result in jail time.

Fifty-five percent of the population—nearly 179 million people—reside in a decriminalized area where adults mostly don’t have to worry about being put behind bars for being apprehended a first time with a small amount of marijuana, even if they don’t have a doctors’ recommendation for medical use.

Many statistics have been thrown around about how many Americans live in a state where some form of marijuana is legal. How these states are tallied is up for debate, largely because of differing language and laws for medical cannabis. Depending on how one counts, 30 or 31 states have comprehensive medical marijuana programs, and an additional 15 or so allow certain patients to access low-THC cannabis extracts.

For recreational marijuana, only nine states and Washington D.C. have passed laws legalizing possession (and most, but not all of those, allow commercial sales and home cultivation). Seventy million people live in these adult-use states or jurisdictions, or 21.5 percent of the U.S. population.

Aside from these places where marijuana is legal for medical or non-medical use, additional states and municipalities have embarked on decriminalization efforts that generally allow people to avoid jail time for low-level possession, even as the drug remains formally prohibited.

That includes a renewed effort by officials in New York City to stop prosecuting low-level cannabis offenses. Mayor Bill de Blasio (D) said in 2014 that police would begin issuing summonses, rather than arrests, in those cases. But police have since continued to arrest an average of 17,000 people per year for possession, 87 percent of whom are black or Hispanic.

This summer, Manhattan District Attorney Cyrus Vance Jr. declared that, as of August 1, his department would no longer be prosecuting marijuana possession or smoking cases.

Brooklyn District Attorney Eric Gonzalez made a similar move. And the NYPD instituted its own policy of avoiding arrests for low-level cannabis offenses in many cases, an approach that went into effect on September 1.

While marijuana is technically decriminalized in all of New York State, a loophole in the law has allowed police to make arrests for cannabis that is in “public view.” If these new initiatives are successful, the 43 percent of New York State residents who reside within New York City will have a little more freedom.

Which caused us to wonder:

How many Americans now live somewhere they can carry around a joint in their pocket, without an accompanying medical cannabis recommendation, and not have to fear being arrested and sent to jail?

Marijuana Moment decided to tally up all the states and localities where possession of a joint containing the average one gram of weed is, at least in theory, not supposed to result in time behind bars, even if someone had multiple encounters with law enforcement for possession over time. We used NORML’s and the Marijuana Policy Project’s resources for local and state laws.

In addition to the nine legal states and the District of Columbia, at least some jurisdictions in 23 states, plus Guam and the U.S. Virgin Islands have passed laws to decriminalize marijuana possession. The Commonwealth of the Northern Mariana Islands has passed a legalization bill that is now awaiting the governor’s signature.

We define “decriminalized locations” as ones in which in most circumstances, possession by adults of small (and in some cases large) amounts of cannabis will result in either no penalty, or an infraction or misdemeanor charge plus fine, without the threat of jail time.

We found that at least 146 million Americans live in such legal or decriminalized locations, or 45 percent of the population of the United States. (An additional 1.2 million Michiganders in 16 cities are protected—but only if they are on private property, so are not counted in this total.)

The Impact of Multiple Apprehensions
In addition to the roughly 146 million Americans who live in places where they don’t have to worry about being locked up for low-level cannabis possession no matter how many times they are caught, a further 32.7 million live in a state, county or city where, if it is their first (or in some cases, second or third) time being apprehended, they would face only a civil infraction or misdemeanor charge without jail time. Subsequent offenses carry escalating penalties where incarceration is a possibility.

Several large cities within otherwise criminalized states have opted to enact local decriminalization ordinances. In Florida, for example, six cities and seven counties have decriminalized possession of up to 20 grams of cannabis. Thirty-nine percent of the state’s residents live in those locations. A sizable 34 percent of Texans live in a decriminalized jurisdiction, while 31 percent of New Mexico residents and 27 percent of Wisconsinites are protected by local laws.

If these states (Mississippi, Missouri, Nebraska, New York, North Carolina and Rhode Island) and localities are included, 55 percent of Americans who haven’t seen a possession charge before would be “safe” from the threat of being put behind bars for initial run-ins with the police over cannabis.

“Jailing people for consuming cannabis is not only unpopular, but widely viewed as a ludicrous idea,” Karen O’Keefe, state policies director for the Marijuana Policy Project (MPP), told Marijuana Moment. “It is no longer just voters calling for decriminalization, but also police chiefs, prosecutors, and other officials at every level of government.”

State/Territory Status
Alabama criminalized everywhere
Alaska legal for adults
American Samoa criminalized everywhere
Arizona criminalized everywhere
Arkansas some cities/counties decriminalized
California legal for adults*
Colorado legal for adults*
Connecticut decriminalized
Delaware decriminalized
District of Columbia legal for adults*
Florida some cities/counties decriminalized
Georgia some cities/counties decriminalized
Guam decriminalized
Hawaii criminalized everywhere
Idaho criminalized everywhere
Illinois decriminalized
Indiana criminalized everywhere
Iowa criminalized everywhere
Kansas criminalized everywhere
Kentucky criminalized everywhere
Louisiana two cities decriminalized
Maine legal for adults*
Maryland decriminalized
Massachusetts legal for adults*
Michigan some cities/counties decriminalized
Minnesota decriminalized
Mississippi 1st offense only decriminalized
Missouri 1st offense only, three cities decriminalized for subsequent offenses
Montana one county first offense decriminalized
Nebraska 1st offense only decriminalized
Nevada legal for adults*
New Hampshire decriminalized
New Jersey criminalized everywhere
New Mexico two cities decriminalized
New York 1st and 2nd offense decriminalized, New York City not prosecuting
North Carolina 1st offense only decriminalized (jail time suspended for 2nd to 5th offenses)
North Dakota criminalized everywhere
Northern Mariana Islands legalization bill awaiting governor’s signature
Ohio decriminalized, some cities no penalty
Oklahoma criminalized everywhere
Oregon legal for adults*
Pennsylvania some cities decriminalized
Puerto Rico illegal everywhere
Rhode Island 1st and second offense decriminalized
South Carolina criminalized everywhere
South Dakota criminalized everywhere
Tennessee criminalized everywhere
Texas some cities/counties decriminalized
U.S. Virgin Islands decriminalized
Utah criminalized everywhere
Vermont legal for adults*
Virginia criminalized everywhere
Washington legal for adults*
West Virginia criminalized everywhere
Wisconsin some cities decriminalized
Wyoming criminalized everywhere
*No jail time for those under 21

Decriminalization Often Still Involves Penalties
Decriminalized doesn’t mean “fine-free.” In New Hampshire, if you are caught possessing four times in three years, you won’t go to jail, but you could be fined up to $1,200. Several Wisconsin locales have passed laws where jail time is omitted, but you might have to shell out up to $1,000. Minnesota has a hefty fine of $1,000 if more than 1.4 grams of cannabis is found inside a vehicle (not secured in the trunk).

The patchwork of policies across the country and within individual states, and the unclear terminology often attached to these proposals (“decriminalization,” “lowest law enforcement priority,” “civil violation”) means that these laws are often poorly understood by consumers and inconsistently enforced by police. The uncertainty surrounding those terms and the policies they apply to also meant that Marijuana Moment had to make some decisions about which jurisdictions to include in our analysis; generally, we counted places where the clear intent of policymakers was to let people avoid jail time for possessing small amounts of cannabis in most cases.

A further wrinkle is the fact that in many municipalities that have enacted decriminalization ordinances, local police can continue to enforce and charge people under overarching state marijuana criminalization laws, and state law enforcement agencies can of course continue to bring charges that come with jail time. People living in or visiting those cities shouldn’t necessarily be too brazen about possessing small amounts of cannabis—or consuming it in public, which is legal exactly nowhere.

“The rate of local governments acknowledging the futility of marijuana criminalization has accelerated greatly in the last few years,” Justin Strekal, political director for NORML, told Marijuana Moment. “But sadistically, many in law enforcement still will seek any justification possible to escalate a confrontation with a civilian that they have made a personal judgement upon—and can still rely on state-level criminalization statutes to do so. While the policy of local decriminalization is a step in the right direction, even in those jurisdictions, many consumers still live under threat by uniformed officers who allegedly are sworn to protect and serve those very communities.”

What’s more, in some “decriminalized” jurisdictions, a conviction still may result in a criminal record which can carry life-altering collateral consequences—including making it harder to get employment or housing—even if time behind bars isn’t a possibility.

It should also be noted that some states where adult-use sales have been legalized actually have more stringent possession laws than states that have merely decriminalized possession. In Colorado, for example, penalties—including jail time—are on the books for possession of more than two ounces. In Ohio, where cannabis prohibition is still in effect, up to 100 grams (roughly 3.5 ounces) is a misdemeanor with no incarceration.

“While public policy and the public’s perceptions are moving in the right direction, there is still a tremendous amount of work to be done,” O’Keefe, of MPP, said. “Marijuana is still illegal in 41 states, and consumers are still subject to potential jail time and life-altering criminal records in about half of U.S. jurisdictions.”

The Big Cities
Citizens and visitors to any county in 18 states, Puerto Rico and American Samoa face jail time for any amount of cannabis on their person. But possession of a joint is legal or effectively decriminalized in 24 of the 35 largest cities in the United States:

City State Population (July 2017
Census estimate)
Legal or
Decriminalized

New York New York 8,622,698 Y
Los Angeles California 3,999,759 Y
Chicago Illinois 2,716,450 Y
Houston Texas 2,312,717 Y
Phoenix Arizona 1,626,078 N
Philadelphia Pennsylvania 1,580,863 Y
San Antonio Texas 1,511,946 Y
San Diego California 1,419,516 Y
Dallas Texas 1,341,075 Y
San Jose California 1,035,317 Y
Austin Texas 950,715 Y
Jacksonville Florida 892,062 N
San Francisco California 884,363 Y
Columbus Ohio 879,170 Y
Fort Worth Texas 874,168 N
Indianapolis Indiana 863,002 N
Charlotte North Carolina 859,035 Y (first-strike)
Seattle Washington 724,745 Y
Denver Colorado 704,621 Y
Washington District of Columbia 693,972 Y
Boston Massachusetts 685,094 Y
El Paso Texas 683,577 N
Detroit Michigan 673,104 On 2018 ballot
Nashville Tennessee 667,560 N
Memphis Tennessee 652,236 N
Portland Oregon 647,805 Y
Oklahoma City Oklahoma 643,648 N
Las Vegas Nevada 641,676 Y
Louisville Kentucky 621,349 N
Baltimore Maryland 611,648 Y
Milwaukee Wisconsin 595,351 Y
Albuquerque New Mexico 558,545 Y
Tucson Arizona 535,677 N
Fresno California 527,438 Y
Sacramento California 501,901 Y

The totals in Marijuana Moment’s analysis seem poised to grow later this year and into 2019 as more cities and states vote on reform measures. In November alone, Michigan and North Dakota have legalization measures on the ballot, while Missouri and Utah voters will consider medical cannabis initiatives.
The currently-developing patchwork of local and state laws is a problem: I strongly recommend the development of model legislation by NORML and the MMP and the DPI. It needs to cover sale, and gifts, and “growers’ clubs”, it needs to address existing penalties and rescind them, expunge cannabis infractions from their criminal records, and it must enshrine growers’ rights. It needs to empower all forms of cannabis and products made with or from cannabis or cannabis byproducts, and the possession, concentration, gift, sale, transfer, and USE thereof. Everyone should be allowed to grow their own, as much as space and passion allow. Nothing would hurt the black market drug trade worse than for the home-stash garden to take root, and for people to be able to share their harvests with their friends.Q

It should be introduced in every state legislature, EVERY YEAR, until we have uniform protections in every state and community. We need an expanded acceptance, not a reluctant or booby-trapped or grudging ‘permission’ with strings and penalties attached. This is in point of fact a Ninth Amendment issue, and should be treated as such, in every instance.
 
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Legalized recreational marijuana won't kill medical marijuana

In states where recreational cannabis consumption is legalized, medical marijuana sales tend to fall.

This trend has been seen in various markets, with data from MJ Freeway that covers four states-- Oregon, Washington, Colorado and Nevada -- demonstrating that medical marijuana sales declined once adult use was legalized.

Ah, but the story does not end there. Let's look closer at the data, which came from 321 cannabis dispensaries and was featured in a report called "The Economics of Adult Use Marijuana on Medical Marijuana Markets."

The data showed that medical sales were 39% of the market during the first month of legal recreational sales. In the third month following legalization, those sales had dropped to 33% and then slid to 32% by the fourth month.

It is this type of sales trend that has caused some investors to suggest that it is game over for medical marijuana products and the companies that focus on them. They argue that medical patients really were recreational users who were hiding behind a medical condition in order to get legal marijuana. And no doubt there are many people who did just that.

The data from MJ Freeway, a cannabis software company that provides seed-to-sale tracking in many legalized states, confirmed that medical marijuana sales on average do decline at dispensaries for four months following adult legalization. Indeed, five months before adult legalization, daily medical sales on average were $4,732. They slid to $4,176 in the month prior to legalization.

But in the fifth month following adult use legalization, things began to turn. Sales rose to $4,653 after bottoming at $4,046.

One year later, daily medical sales were approaching $6,001 -- higher than even before recreational sales were legalized. So, it could be surmised that instead of hurting medical marijuana sales, adult use legalization actually might improve sales.

Recreational daily sales continued to increase, but at a slower pace. Recreational sales grew at a rate of 35% during the first 12 months. The data also showed that in some months adult-use sales of cannabis declined slightly.

It is getting easier to find medical providers for medical cannabis patients as technology companies such as Namaste Technologies (NXTTF) or Hello MD create platforms that allow for online medical consultations. Plus, medical marijuana products are considerably different from adult use cannabis products.

Some cannabis providers are concerned about the limitations that retail regulations place on all medical cannabis products. They have said that seriously ill patients with conditions such as chronic pain need cannabis that is stronger than what is available on the shelf, not dissimilar to the difference between a prescription pain killer and an over-the-counter pain reliever such as aspirin. They hope as the market matures that stronger prescription types of cannabis such as products from GW Pharmaceuticals (GWPH) will be separate from weaker retail-level cannabis.

Another factor that bodes well for the strength of medical cannabis markets is that many states are uncomfortable with legalizing adult use cannabis. If as an investor you are only focused on producers of cannabis products for the adult use market, you could be missing out on opportunities in companies that are only focused on the medical market at this time.
 

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