All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.

STATE OF WEED: WATCH

Sessions Lacks Ammo for Marijuana Crackdown

Attorney General Jeff Sessions’ Task Force on Crime Reduction and Public Safety has released its recommendations for dealing with marijuana in states that have legalized it, concluding that the current policy is probably best. According to the Associated Press, the report “encourages officials to keep studying whether to change or rescind the Obama Administration’s more hands-off approach to enforcement.” While the task force failed to advance Sessions’ anti-marijuana efforts, some experts believe the AG could still invoke federal law to push his agenda.

Marijuana Company Buys Ghost Town, Anticipating Green Rush

One of America’s largest marijuana companies, American Green Inc., bought an entire town in California in anticipation of the expanding pot industry. American Green purchased 120 acres of Nipton, California for $5 million, in hopes of turning the nearly-uninhabited town into a pot paradise. The company said it hopes to make Nipton the country’s “first energy-independent, cannabis-friendly hospitality destination,” in a statement according to the Associated Press.

Pollution, Pesticides, and Pot…Oh My!

Pollution from illegal marijuana farms in California has turned thousands of acres into toxic waste dumps, according to Reuters. The use of illegal pesticides and fertilizers has contributed to a list of environmental problems and sent several law enforcement officials to the hospital. The state has amassed a backlog of illegal sites to clean up, but the problem extends to the legal industry as well. According to the Cannabist, many states are just beginning to check for pesticides, or have no testing programs at all. This disconnect is because the EPA is barred from evaluating the safe use of marijuana pesticides as the drug is still illegal at the federal level.

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”

LAW STREET CANNABIS COVERAGE

Cory Booker Proposes Bill to Legalize Marijuana at the Federal Level

THREE QUESTIONS: EXCLUSIVE Q&A

Each month, the Cannabis in America team interviews influencers in the cannabis industry and gives you an exclusive look into their work, motivations, and predictions for the marijuana marketplace.

As the executive director of the National Organization for the Reform of Marijuana Laws (NORML), Erik Altieri understands the challenges marijuana legalization faces. NORML’s team of pro-marijuana activists are spread out around 150 chapters in the U.S., France, New Zealand, and elsewhere around the world. Law Street’s Alec Siegel spoke with Altieri about NORML’s legalization efforts, when he expects we’ll see federal legalization, and more.

AS: What is the greatest impediment to federal marijuana legalization?

EA: I think the impediment is still a lack of political will among some of the more entrenched and senior officials in Congress. They are starting to realize [marijuana] is something they need to address. We are starting to see that pay dividends in the bipartisan support coming together in Congress. It’s been four decades plus since [marijuana] prohibition, and it will take some time to unwind that problematic policy.

AS:  Has NORML shifted its focus after the new administration came into office?

EA: [The administration] really lit a fire under many of our activists across the country. For the first time, [an administration] represents a real major threat to progress. It would be immensely unpopular if [AG Jeff Sessions] issued a crackdown. We did not take a “wait-and-see approach,” hoping for the best. We wanted to make sure the backlash was clear and evident from the beginning to show this is exactly why we need to reform marijuana laws. If we change the law, Sessions’ hands would be tied.

AS: Where do you see legalization going over the next decade? When do you predict we’ll see full legalization?

EA: It’s not going anywhere any time soon. Unfortunately for people like Jeff Sessions, public opinion is behind us. Movement at the state level is the driving force over the next five years, and pressure from the bottom up will continue pushing us toward the tipping point. The more states we move, the more natural allies we’ll bring on board. For the next couple of years, fights at the federal level will be over budget amendments.

CANNABIS CULTURE

Maine Dispensary Trades Weed for Trash in Community Clean Up Effort

By Josh Schmidt

As part of an effort to engage the Gardiner, Maine, community and clean up the town of roughly 5,000, a nearby marijuana dispensary is rolling out an innovative new program. Essentially, citizens who bring in a bag of collected trash can exchange it for some weed.

Find out more here.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Cory Booker, a Democratic senator from New Jersey, introduced a bill on Tuesday that would legalize marijuana at the federal level. Titled the Marijuana Justice Act of 2017, the legislation aims to lessen the impact of marijuana arrests and convictions, which disproportionately affect minority and low-income communities. The bill also establishes a fund to invest in community programs and institutions.

“Our country’s drug laws are badly broken and need to be fixed,” Booker said in a press release accompanying the bill’s announcement. “They don’t make our communities any safer – instead they divert critical resources from fighting violent crimes, tear families apart, unfairly impact low-income communities and communities of color, and waste billions in taxpayer dollars each year.”

While marijuana is fully legal in eight states and D.C., it is barred at the federal level, classified as a Schedule I substance, joining heroin, LSD, and ecstasy. Booker’s bill would declassify marijuana, effectively legalizing it.

The legislation also would penalize states that have not legalized marijuana and have “a disproportionate arrest rate or a disproportionate incarceration rate for marijuana offenses.” Such states would not receive federal funding for constructing or staffing prisons and jails. Other funds would be withheld as well.

The Marijuana Justice Act calls for retroactive expungement, community investment pool + state incentives to change their laws. Interesting. https://t.co/aIs0WCgj2l

— Ava DuVernay (@ava) August 1, 2017

 A prominent advocate for criminal justice reform, Booker also seeks to remedy the ills brought to minority communities by the War on Drugs. The bill would retroactively expunge federal marijuana convictions, and allow prisoners’ sentences to be reviewed. Marijuana arrests make up more than half of all drug arrests. And a 2013 ACLU report showed that in 2010, a black American was four times as likely as a white American to be arrested for marijuana possession.

Booker, in a statement on his Facebook page, said his bill “is the right thing to do for public safety, and will help reduce our overflowing prison population.” The legislation would create a Community Reinvestment Fund “to establish a grant program to reinvest in communities most affected by the war on drugs.” Grants would go toward job training and reentry programs, public libraries, youth programs, and health education programs.

Erik Altieri, executive director of marijuana reform group NORML, applauded Booker’s bill. In a statement, he said: “Not only is it imperative we end our failed experiment of marijuana prohibition, we must also ensure justice for those who suffered most under these draconian policies.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Legal recreational marijuana sales officially began Wednesday in Uruguay at pharmacies all across the South American nation. Authorities report that nearly 5,000 people have already signed up for the national registry.

While the program is the first of its kind–Uruguay is the first nation to fully legalize the production and sale of recreational marijuana–it isn’t a cannabis free-for-all. It comes with some restrictions:

• All buyers need to officially register with the country’s national registry, and must be 18 years or older.
• Buyers’ fingerprints must be scanned at every purchase.
• You can only buy up to 10g (0.35oz) a week and no more than 40g a month.
• There are also only two strains available: Alpha 1 and Beta 1.
• Marijuana tourism is a “no go,” as foreigners are prohibited from registering.

Reportedly, about 70 percent of people who had registered to buy marijuana from pharmacies were men, most of them aged 30-44.

As previously mentioned, Uruguay’s market is significantly cheaper than those in the United States. Pharmacies began selling the drug at $1.30 per gram compared to $5-$15 per gram in legal American states. The government hopes that by pricing marijuana below black market prices, it will undercut drug traffickers.

Queues form outside pharmacies after Uruguay has legalised both the sale and the production of cannabis https://t.co/i1L1WNqPKJ pic.twitter.com/gjcSSsaDDg

— Ruptly (@Ruptly) July 20, 2017

“These are measures designed to help people who are already users without encouraging others who don’t consume,” Alejandro Antalich, the vice president of the Center of Pharmacies in Uruguay, an industry group, told the New York Times. “If this works as planned, other countries could adopt it as a model.”

Will Uruguay Impact the U.S.?

It’s hard to say. The U.S. has had its hits and misses when it comes to adopting marijuana legislation. Colorado saw roughly $1.1 billion in legal sales of medical and recreational marijuana last year, while Nevada’s highly anticipated recreational launch proved to be a bit of an embarrassment thanks to unsolved distribution supply chain issues.

If Uruguay’s model proves successful, it could prove to be a workable template for more legalization efforts in America

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Federal officials visited Denver and Colorado Springs this week, holding a number of private meetings with local representatives about Colorado’s legal marijuana system and its sizable black market. The federal fact-finding mission comes as pro-marijuana advocates across the country worry about a fresh crack-down on marijuana users and sellers by Attorney General Jeff Sessions.

The first meeting took place in Denver on Tuesday. According to Colorado Governor John Hickenlooper’s marijuana adviser Mark Bolton, representatives from the Office of National Drug Control Policy, Domestic Policy Control, and the State Department attended the closed-door session.

“Our purpose was to convey to them the strength of our regulatory system and our enforcement system and our policies and practices,” Bolton, who was also present at the meeting, told The Cannabist. He added that the federal officials saw the meeting “as an educational opportunity.”

Colorado’s attorney general, Cynthia Coffman, also met with the federal officials. Coffman and Hickenlooper, in a joint statement, said the meeting “focused on sharing Colorado’s experience creating and executing a robust and effective regulatory and enforcement system, and our continuing efforts to protect public health and public safety.”

In April, Hickenlooper joined three other governors from states that have legalized marijuana in asking Sessions and Treasury Secretary Steve Mnuchin to consult them “before embarking on any changes to regulatory and enforcement systems.”

Thus far, Sessions has expressed a personal animus for marijuana, but has not taken any drastic measures to enforce federal law over state law. Marijuana is banned at the federal level, while eight states and D.C. have fully legalized cannabis.

In the second meeting, on Wednesday in Colorado Springs, federal officials, including representatives from the DEA, met with the city’s mayor, John Suthers. Local officials were criticized for holding the meeting in private, which they did because the meetings “include sensitive investigative information,” according to a statement from Suthers.

“The folks that came out didn’t want it public; there’s no reason for it to be public,” Suthers told KKTV 11, a local news station that reported the meetings. Suthers added he believes the officials visited Colorado, which legalized marijuana in 2012 “to find out what law enforcement and other regulatory agencies’ view is toward marijuana regulation in Colorado.”

Both meetings come the week before the Justice Department is set to release a report on violent crime, immigration, and drug trafficking. It is unclear if the meetings, which also featured discussions about Colorado’s black marijuana market, are related to that report.

Meanwhile, a Denver-based research company reported this week that Colorado has collected over $500 million from marijuana taxes since legal sales began in January 2014.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Nevada approved emergency marijuana regulations Thursday, aiming to fix the state’s marijuana “state of emergency.” The Nevada Tax Commission voted unanimously to expand the definition of who is allowed to transport marijuana from cultivation facilities to retail dispensaries.

Under the expanded regulations, distributors previously operating in Nevada’s medical marijuana program, which was implemented in the state in 2001, would be able to be awarded licenses, according to the Las Vegas Sun.

How Did We Get Here?

A bureaucratic bottleneck turned Nevada’s recreational marijuana launch into a distribution disaster. The state rushed its July 1 launch, without awarding any distribution licenses to alcohol wholesalers, who maintain a transport monopoly for the first 18 months of sales.

With no timeline for when the supply chain issues would be fixed, retailers stockpiled marijuana based off initial sales estimates. But as marijuana flew off the shelves at record numbers, dispensaries couldn’t keep up. Available product wasn’t the issue; in fact, growers still possessed plenty of marijuana. But with no legal way of transporting it to licensed retailers, the market was left in a legal limbo.

Gov. Brian Sandoval declared a marijuana state of emergency less than a week after the market launch in an effort to fix the shortage problems and keep the fledgling market up and running. If left unfixed, thousands could have found themselves out of a job and the state would inevitably lose out on some of the money it budgeted toward beefing up public education.

“When businesses operate we get the tax revenue and that’s what the state wants,” testified Deonne Contine, director of the Nevada Department of Taxation, at the emergency hearing in Carson City. “We need to do everything we can to get more distributors licensed so these businesses can continue operating.”

First Distribution Licenses Awarded

The Department of Taxation issued its first distribution license Wednesday to Crooked Wine Co., a Reno based alcohol wholesaler, according to Stephanie Klapstein, spokeswoman for the department.

Crooked Wine signed an operation agreement to work with Blackbird Logistics Corporation, an established medical marijuana distributor also based in Reno, which began shipping product almost immediately. According to the Reno Gazette-Journal, “Crooked will have the license, but Blackbird will be in charge of the on-the-ground duties.”

A second license was issued Thursday to Rebel Wine, a Las Vegas-based wholesale alcohol distributor.

Contine said it’s too early to tell whether the alcohol wholesalers will be able to handle the demand statewide. She said one of the new licensees is “pretty stressed out about what he’s going to be asked to do.”

“There’s room in this market for plenty of more,” Contine said, adding that she’s hopeful some additional alcohol wholesalers could be licensed in the days or weeks ahead.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Opponents of marijuana legalization often cite safety concerns, especially regarding the effects it would have on drivers. Alcohol causes enough harm, why add marijuana to the mix? Two recent studies, both published last week, provide some insights into how legalization has–or has not–affected crash and fatality rates.

The first study, conducted by the Insurance Institute for Highway Safety (IIHS), analyzed insurance claims for car crashes between January 2012 and October 2016. The study compared claims filed in states that have legalized marijuana–Colorado, Washington, and Oregon–with states nearby that have not. In the states that had legalized pot, insurance claims were about three percent higher than what would be expected if they had not legalized pot, the study found.

“The combined-state analysis shows that the first three states to legalize recreational marijuana have experienced more crashes,” Matt Moore, the senior vice president of IIHS’s Highway Loss Data Institute, said in a statement. “The individual state analyses suggest that the size of the effect varies by state.”

David Zuby, executive vice president and chief research officer at IIHS, said: “Worry that legalized marijuana is increasing crash rates isn’t misplaced,” adding that the findings “should give other states eyeing legalization pause.”

But another study published in the American Journal of Public Health found no significant uptick in crashes due to legalization.

Using federal data on vehicle collisions between 2009 to 2015, the study found no increase in crashes between Washington and Colorado–both of which have legalized recreational marijuana–and other states.

“Three years after recreational marijuana legalization, changes in motor vehicle crash fatality rates for Washington and Colorado were not statistically different from those in similar states without recreational marijuana legalization,” the study concluded.

While previous studies have illustrated the dangers of driving under the influence of marijuana, others have suggested that states with medical marijuana laws have seen a drop in traffic incidents. A study published last December, also in the American Journal of Public Health, found an 11 percent drop in crash fatalities in the 28 states (and D.C.) that have legalized medical marijuana.

Dr. Silvia Martins, the author of that study, theorized that the drop could be the result of drivers swapping alcohol, a substance that led to about 10,300 driving deaths in 2015, to marijuana.

“We found evidence that states with the marijuana laws in place compared with those which did not, reported, on average, lower rates of drivers endorsing driving after having too many drinks,” Martins said in a statement when the study was published last year.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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The New Jersey legislature held its first hearing on Monday for a bill that would legalize recreational marijuana in the state. New Jersey would become the ninth state, along with D.C., to legalize recreational marijuana. It would be the first to do so through legislation; all other states so far have legalized marijuana through ballot measures.

Governor Chris Christie is opposed to marijuana legalization, and would likely veto the bill, which was introduced last month. But Senator Nicholas Scutari, the bill’s sponsor, has said it is intended to lay the groundwork for Christie’s successor, who he hopes will be Democrat Phil Murphy. Murphy has expressed support for marijuana legalization.

“My goal is to have the best bill possible for a Murphy administration within the first 100 days so we can get it signed, sealed and delivered,” Scutari, the Senate Judiciary Committee chairman, said.

The Democratic-controlled legislature has not scheduled a vote on the bill yet. If Murphy, the Democratic front-runner, wins the gubernatorial race in November, there is a good chance this bill or some version of it will pass sometime next year. The bill would legalize possession of up to one ounce of cannabis for people 21 and older. A sales tax would be imposed on recreational marijuana sales, increasing over time.

Testimony on bill to legalize marijuana in New Jersey getting underway now #S3195 pic.twitter.com/ZiQjXrMAxM

— Katie Kyros (@KatieKyros) June 19, 2017

A number of doctors and lawmakers made their cases for–and some against–marijuana reform during the hours-long hearing. Some addressed the issue from a legal standpoint, while others came it from the angle of marijuana’s health effects.

“We’ve penalized our public, we’ve ruined countless lives and no one has died from it,” Scutari said. “Yet doctors prescribe opioids like they’re going out of style. Opioids you can get all day long.”

Two doctors present at the hearing held opposing views on marijuana’s health benefits. Dr. David Nathan, a psychiatrist, supports legalization, saying, “From the medical standpoint, marijuana should never have been illegal for consenting adults.”

But Dr. Sheri Rosen, an optometrist, disagreed, saying: “You’re sending the wrong message by legalizing. You’re saying that it’s OK, and there’s no harm. People are going to get mixed messages.”

Jon-Henry Barr, a municipal prosecutor in New Jersey who was present at the hearing, made the case that marijuana legalization will save money.

“We Republicans are against the wasteful spending of taxpayer dollars on government programs that do not work and are not necessary,” he said. “The war on marijuana is a government program that does not work and is not necessary.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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California’s economy, the sixth largest in the world, could receive a $5 billion boost from legal recreational marijuana sales, according to a new state-sponsored study.

The study, as reported by the Los Angeles Times, projects that the share of illegal sales will decline from 75 percent of the total market to 29.5 percent after the legal framework goes into effect. California is expected to issue the first licenses to recreational marijuana businesses at the top of next year.

California’s Bureau of Marijuana Control commissioned the study, which was conducted by the University of California’s Agricultural Issues Center. The study examined the expected impact of Prop 64, which legalized recreational marijuana throughout the state in November, on California’s marijuana market.

According to the LA Times, recreational marijuana use will make up over 61 percent of the overall market. However, the costs associated with legal regulations–legal marijuana will be taxed at 15 percent–will encourage people to, at least initially, remain in the illegal market. Still, for a variety of reasons, a large chunk of Californians are expected to shift to the legal, regulated market for their pot fix.

The study said:

We projected that when legally allowed, slightly more than half of the demand currently in the illegal adult-use segment will quickly move to the legal adult-use segment to avoid the inconvenience, stigma, and legal risks of buying from an unlicensed seller.

According to Lori Ajax, the director of the Bureau of Marijuana Control, the nearly 30 percent of people projected to resist the legal market will eventually enter the regulated marketplace.

“It’s going to take some time,” Ajax told the LA Times. “While it’s unlikely that everyone will come into the regulated market on Day One, we plan to continue working with stakeholders as we move forward to increase participation over time.”

Legalization will also affect the medical cannabis market; legal medical marijuana sales will drop from 25 percent of the market to 9 percent, or from $2.6 billion to $600 million, the study found. As fewer people need to obtain a medical marijuana license, more will simply purchase cannabis through the regulated market.

“Revenues for medical cannabis in Washington State, for instance, fell by one-third in the first year after the legal adult-use cannabis system took effect, and by more subsequently,” the study said.

Some who are opposed to California’s legalization effort see the study, and its finding that 29.5 percent of people will still purchase pot from the black market, as justification that a legal market is little more than a smokescreen.

“We have seen this in other states too, that the legal market is easily undercut by the well-established underground market,” Kevin Sabet, president of Smart Approaches to Marijuana, which opposes legalization of the drug, told the LA Times. “This is unsurprising. It is just one more unrealized promise from the marijuana industry.”

But the study pointed to another potential boon to California’s economy that legalization might provide: marijuana tourism. The study found:

Given that adult-use cannabis remains illegal in most other states, California’s legalized adult-use industry may attract some new visitors whose primary reason for visiting the state is cannabis tourism, as has been observed in Colorado.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Detroit city officials have shuttered over 150 medical marijuana dispensaries since last year, with dozens of additional closings expected in the coming months. The closings reflect the ever-shifting regulatory framework surrounding pot legalization, and how businesses that are slow to respond to new rules could find their doors padlocked.

Melvin Butch Hollowell, the Detroit corporation counsel, told the Detroit Free Press that the city has closed 167 dispensaries around the city since last year.

“None of them were operating lawfully,” he said. “At the time I sent a letter to each one of them indicating that unless you have a fully licensed facility, you are operating at your own risk.” Hollowell also indicated that another 51 closings are in the offing. Detroit is rife with unlicensed or otherwise illegal marijuana establishments; Hollowell said 283 total have been identified, and as of last week, a mere five marijuana facilities in Detroit are fully licensed.

According to the city’s medical marijuana ordinances, which took effect on March 1, 2016 (Michigan voters legalized pot for medical use in 2008), dispensaries have to abide by a number of zoning and other regulations in order to qualify for a license. For instance, marijuana businesses must be more than 1,000 feet away from the following areas: churches, schools, parks, liquor stores (and other places where alcohol is sold), libraries, and child care centers. Marijuana businesses are also required to close by 8 p.m.

Hollowell told the Free Press that city officials go through the courts when seeking an order to shutter an illegal marijuana business. Because the public pushed legalization in 2008, he said, his team pursues the closings “in a way that is consistent with keeping our neighborhoods respected and at the same time, allowing for those dispensaries to operate in their specific areas that we’ve identified as being lawful.”

And according to Winfred Blackmon, the chairman of the Metropolitan Detroit Community Action Coalition, complaints from Detroit residents helped propel the recent surge in dispensary closings. He told the Free Press: “People started getting frustrated with the marijuana shops that kept popping up around their houses and schools.”

Michigan is also weighing a ballot measure for next November that, if voted through, would legalize marijuana for recreational use as well. Language for the measure was submitted to the Board of State Canvassers earlier this month; it is currently under review.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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The two-week wait is over: Vermont Gov. Phil Scott vetoed legislation on Wednesday that proposed a legal framework for recreational marijuana. Scott, a Republican, said he was not “philosophically opposed” to legalization, but he still had concerns–mostly regarding public safety and children’s health–that the bill did not adequately address.

“We must get this right,” Scott said. “I think we need to move a little bit slower.”

The legislation, which passed the Democrat-controlled House earlier this month by a vote of 79-66, would have made it legal for people 21 and up to possess up to one ounce of marijuana. Set to take effect in July 2018, the bill would have created a nine-member commission to establish a regulatory framework. Medical marijuana became legal in Vermont in 2004.

In vetoing the measure, Scott blocked Vermont from becoming the ninth state–plus Washington D.C.–to legalize marijuana for recreational use. A handful of states passed legalization measures through referendums last November. Vermont, which also tried and failed to legalize recreational cannabis last year, does not have legal authority to put marijuana legalization to a ballot vote.

Lt. Gov. David Zuckerman opposed Scott’s decision to veto the bill:

“Prohibition has failed and causes approximately 100,000 Vermonters to be labeled lawbreakers,” he said. “Vermont is now lagging behind other states in the region and is missing opportunities to capture revenue from an underground market that would allow us to address highway safety, drug education and treatment, and other needed state investments to reduce the temptation of drug use.”

Vermont residents are among the most pot-friendly in the country, according to some studies. But they will likely have to wait until next year to have another go at legalization. However Scott did say that lawmakers could amend the bill he vetoed on Wednesday over the summer, during a special legislative session.

In a statement issued Wednesday afternoon, Matt Simon, the New England political director for the Marijuana Policy Project, said he was “disappointed” by the governor’s decision, but “encouraged” by his commitment to eventual legalization. Simon added:

Most Vermonters want to end marijuana prohibition, and it is critical that the legislature respond by passing a revised legalization bill this summer. Marijuana is less harmful than alcohol, and there is no good reason to continue treating responsible adult consumers like criminals.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Some convicts in California who have been charged with marijuana-related felonies are seeing their fortunes change with the state’s passage of Prop 64 last November. According to partial state data, since the ballot measure passed legalizing recreational marijuana in California, thousands of people charged with felonies for marijuana-related crimes filed requests to reduce their sentences from a felony to a misdemeanor.

Many have been granted a sentence reduction–and some first-time offenders have seen their records expunged.

California voters overwhelmingly backed Prop 64 in the November election, with 57 percent, or nearly eight million people, supporting it. While its main purpose was to legalize recreational marijuana in California, the first state to legalize medical marijuana in 1996, Prop 64 contained an equally impactful clause for people who had been charged with marijuana-related felonies under the previous sentencing laws.

Prop 64, according to the measure’s language, “authorizes resentencing and destruction of records for prior marijuana convictions.” People have been taking advantage of that overlooked part of the measure. Through March, 2,500 requests were filed to reduce sentences from felony charges to misdemeanors, according to the partial state data.

Bruce Margolin, an attorney that has worked with a number of people seeking to reduce their marijuana-related charges, told an NBC affiliate in Los Angeles that judges and prosecutors “were totally unprepared” for the flood of reduction requests since Prop 64 passed. “It’s amazing,” he added. “You would have thought they should have had seminars to get them up to speed so we don’t have to go through the process of arguing things that are obvious, but we’re still getting that.”

Prop 64 is not the only ballot measure in California that allows nonviolent offenders with marijuana-related felony charges to seek a reduced–or completely expunged–sentence.

In November 2014, California passed Prop 47, which “allows people who are already serving a felony conviction for [a marijuana crime] to petition in the court for resentencing.” For convicts who have already completed their sentence, Prop 47 permitted them “to file an application before the trial court to have the felony conviction reduced to a misdemeanor.”

San Diego County is leading the charge in reducing marijuana-related sentences, according to Rachel Solov, who works in the district attorney’s office in San Diego. She told NBC that 400 people in San Diego have already had their sentences reduced, which she said is “the right thing to do.” Solov added: “If someone’s in custody and they shouldn’t be in custody anymore, we have an obligation to address that.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Buying and selling limited quantities of marijuana has been legal in Colorado for nearly five years. Public use, however, is prohibited. Still, for years, state lawmakers have been trying to determine how to define “open and public” consumption.

One of the more contentious questions state lawmakers have wrangled over: should residents be permitted to smoke marijuana on their front porches? Or should smoking marijuana on a front porch–where children and other passersby could be exposed to the smoke–be prohibited?

Last week, the 2017 legislative session came to a close without answering these questions. Despite successfully passing a number of other bipartisan priorities–like expanding Medicaid benefits–the Colorado legislature could not reach a consensus as to what “open and public” consumption means.

The House and Senate previously passed different versions of a bill that would clarify the question that has lingered since legalization in 2012. But both chambers have yet to land on a bill that suits them equally.

Senate Bill 184, the version of the bill the Senate passed, would have prohibited marijuana consumption in places where “a substantial number of the public” congregates without restriction. It also would have outlawed pot smoking in “a place not protected from unaided observation lawfully made from outside its perimeter,” which essentially would have included front porches.

A compromise was proposed to both chambers–residents can smoke on their front porch as long as no more than five outside guests were present–but was ultimately flouted.

“We’re talking about your own private property,” Rep. Jovan Melton (D-Aurora) told the Denver Post. “And why the number five? Why did we arbitrarily land on that number? We are literally putting things into statute with no explanation.”

Bob Gardner, the Republican state Senator from Colorado Springs, is concerned about marijuana smoke affecting other people in the neighborhood.

“My concern continues to be that in urban and suburban areas property lines are so close that children walking up and down sidewalks that are not 15 feet from [a home],” he recently told the Denver Post. “And frankly it is a crime in Colorado to do a lot of things on your front porch, no matter how much you own that property.”

In 2012, Colorado became the first state in the country to legalize marijuana for recreational use–in private. Figuring out how cannabis should be consumed publicly is a fairly fuzzy conundrum that has consistently bedeviled state lawmakers.

At one point, the legislature nearly passed a law that would have legalized private pot clubs–bars and cafes where people could congregate and smoke pot. But that bill was scuttled after resistance from Democratic Gov. John Hickenlooper and others.

Pot clubs do exist, but outside of the legal bounds. Now, because state lawmakers could not properly define what “open and public” consumption means, local jurisdictions will continue to be in charge of interpreting the stipulation.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Definition of “Open and Public” Marijuana Use Still Hazy in Colorado appeared first on Law Street.

Vermont’s House of Representatives voted in favor of legalizing recreational marijuana throughout the state in a 79-66 vote on Wednesday. The legislation now heads to Governor Phil Scott’s desk to be signed.

The bill would legalize possession of up to one ounce of marijuana and cultivation of up to two plants for adults 21 years and older, beginning in July 2018. It would also set up a nine-member commission to study the best way to regulate and tax marijuana in the future.

BREAKING: #Vt house votes 79-66 to pass marijuana legalization @MyNBC5 pic.twitter.com/iXxHUAAlE5

— Rachel Karcz (@RachelMyNBC5) May 10, 2017

If signed, Vermont would become the first state to legalize recreational marijuana through its state legislature. Eight states, and Washington D.C., have approved recreational marijuana through ballot initiatives.

The House of Representatives’s vote came after the Senate approved a revision to S. 22 to include the language of H.170, which the House passed last week.

“Vermont lawmakers made history today,” said Matt Simon, the New England political director for the Marijuana Policy Project, a marijuana policy group. “The legislature has taken a crucial step toward ending the failed policy of marijuana prohibition.”

According to a recent poll of 755 Vermont voters, 57 percent of respondents said they support allowing adults who are 21 or older to use, possess, and securely grow marijuana.

“It’s time for Vermont to move forward with a more sensible marijuana policy,” Simon said. “The voters and the Legislature are behind it, and we hope the governor will be, too.”

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Vermont Legislature Passes Recreational Marijuana Bill appeared first on Law Street.

Pro-marijuana groups in Michigan submitted language to the Board of State Canvassers on Friday for a ballot initiative to legalize recreational marijuana. If the measure makes it to the November 2018 ballot, Michigan would become the ninth state to fully legalize cannabis for adult use. Spearheaded by the Coalition to Regulate Marijuana Like Alcohol, the legalization push follows a failed attempt to get a similar measure on the November 2016 ballot.

“Our country’s marijuana prohibition laws have failed miserably. About 20,000 nonviolent offenders are arrested annually for marijuana possession and cultivation, causing an enormous waste of taxpayer dollars and choking our already overburdened court system,” John Truscott, a spokesman for the Coalition to Regulate Marijuana Like Alcohol, said in a press release.

“This initiative would make Michigan a leader in responsible adult-use marijuana laws, while also creating an entirely new industry and generating badly needed tax revenue for our state,” he added. The Coalition is bolstered by a national marijuana advocacy group, the D.C.-based Marijuana Policy Project, which is expected to bring experience and cash to the 2018 campaign.

The group backed some of the campaigns that wound up on ballots last November, when California, Maine, Massachusetts, and Nevada passed measures that legalized adult use. In total, eight states and D.C. have legalized recreational pot. Dozens more have legalized medical marijuana. Michigan voters passed a medical marijuana measure in 2008.

Over 250,000 voter signatures are required–within a 180-day period–before the measure can be placed on the ballot. Before the signatory search can begin, however, the Board of State Canvassers must review and approve the ballot’s language. A meeting has not yet been scheduled. In the 2016 legalization campaign, the Coalition secured enough signatures–over 300,000–but not within 180 days of the Board’s approval.

The measure submitted on Friday would legalize the possession and sale of up to 2.5 ounces of marijuana for people who are 21 and up. A ten percent excise tax would be added to marijuana sales, on top of Michigan’s current six percent sales tax. Five groups would be subject to regulations according to the ballot initiative: cultivators (in classes of 100 plants, 500 plants, and 2,000 plants), processors, testing facilities, transporters, and retailers.

Tax revenues from marijuana sales would be split down the middle, with half going to educational institutions, and the other half to Michigan cities and counties that allow marijuana businesses to operate. The proposed ballot measure would also legalize the cultivation of industrial hemp. Though Michigan’s attorney general has yet to stake out a position on legalization, the state’s law enforcement agencies have expressed opposition to the effort.

“There’s no good that I can see that will come out of this,” Blaine Koops, executive director of the Michigan Sheriff’s Association, recently told the Detroit Free Press. “One of the problems we have is that there’s no way to measure the level of intoxication from this drug. And an increase in criminal behavior in all likelihood will occur.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Michigan May Have a Marijuana Legalization Measure on the 2018 Ballot appeared first on Law Street.

From the outside, it looks like any other nondescript, brick-built church. But its stained glass panels, instead of biblical images, are adorned with a colorful array of planets–with wide, cartoonish grins–and stars. Welcome to Denver’s International Church of Cannabis, which had its grand opening last Thursday, on the unofficial weed holiday known as “4/20.” In a city where smoking marijuana in public is illegal, despite Colorado’s legalization of the drug in 2012, the church offers a holy refuge to those looking for a more spiritual kind of high.

Church members call themselves “Elevationists.” They refer to cannabis as “the sacred flower.” The church’s interior looks like a Salvador Dali painting come to life: technicolor, kaleidoscopic patterns blanket the ceiling; two surreal figures sit in pools of paint, a tiny, blue horse is visible in the background. There is hardly a speck of white in the entire sanctuary–courtesy of the colorful vision of artists Kenny Scharf and Okuda San Miguel.

Coming back at you from Denver’s International Church of Cannabis pic.twitter.com/pe7Xjqtlv5

— Full Disclosure (@FullDRadio) April 21, 2017

The church’s mission, according to its website, is:

To offer a home to adults everywhere who are looking to create the best version of themselves by way of the sacred plant. Our lifestance is that an individual’s spiritual journey, and search for meaning, is one of self-discovery that can be accelerated with ritual cannabis use. Elevationists claim no divine authority, nor authoritarian structure, therefore, those of all religious and cultural background are welcome to visit our chapel and take part in our celebrations.

Colorado became the first state to legalize recreational marijuana in 2012, setting off a string of state referendums–from Oregon to California–on legalization, and shifting the nationwide discourse on the long-pilloried plant. Eight states and D.C. have legalized recreational marijuana; 28 have legalized it for medical purposes. But while it is legal to possess limited amounts of cannabis across Colorado, which is also dotted with licensed dispensaries, local jurisdictions draft their own rules regarding public use.

In response, a number of so-called “cannabis clubs” (essentially bars or cafes where lighting up is legal) have cropped up. Also on 4/20, the country’s first cannabis drive-thru opened in Parachute, Colorado. And Denver’s cannabis church is not the country’s first establishment to mix the high with the holy. The First Church of Cannabis, in Indianapolis, opened in the summer of 2015.

Funded by Elevation Ministries, a religious nonprofit, the International Church of Cannabis was not unequivocally embraced. On Thursday, the church’s opening day, Dan Pabon, a Democratic state representative, proposed an amendment to ban cannabis consumption in churches. Pabon said the church “offends both religious beliefs everywhere, as well as the voters’ intent on allowing legalization of marijuana in Colorado.”

Welcome to the International Church of Cannabis. Yes, you read that correctly. https://t.co/mN6C9bVVug pic.twitter.com/v2Xbd8ilwK

— NYT National News (@NYTNational) April 24, 2017

The amendment was never officially introduced; many fellow legislators viewed it as an attempt to repress religious freedom. To Steve Berke, the church’s media relations director, the church was founded to “do something different, something unique.” In an interview with the New York Times, Berke said: “We’re building a community of volunteers, and the common thread is that they use cannabis to positively influence their lives, and they use cannabis for spiritual purposes.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Last week on Law Street we covered marijuana drive-thrus, UK’s controversial welfare “rape clause,” and fake marijuana news out of Texas. ICYMI, check out these top stories from Law Street below!

Welcome to Tumbleweed Express: America’s First Marijuana Drive-Thru

When Mark Smith realized that the residents of Parachute, Colorado craved a late-night marijuana fix, after his dispensary had closed for the day, he had an idea. Smith, 58, decided to re-brand the Valley Car Wash across the street from his dispensary as Tumbleweed Express, the nation’s first marijuana drive-thru business. The drive-thru’s grand opening coincides with the unofficial–yet widely celebrated, especially on college campuses–holiday of “4/20,” a spirited celebration of pot and paraphernalia.

Scotland’s Battle Against the UK Welfare “Rape Clause”

Protesters took to the streets of Glasgow last week to push back against the “rape clause” in the UK welfare system. After reforms of the welfare system took effect in April, the tax credits a family can receive for having children are now capped at two children–except in the case of mothers who have a third child as a result of rape. However, those mothers have to provide evidence that the child was in fact conceived from rape–a provision decried as inhumane.

No, Texas Has Not Legalized Marijuana

In case you were wondering, no, Texas has not legalized marijuana. Prank website React365 published a fake news story titled “Marijuana now legal in state of Texas” on Thursday that had many people believing the conservative state had switched its hardline stance on cannabis.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

When Mark Smith realized that the residents of Parachute, Colorado craved a late-night marijuana fix, after his dispensary had closed for the day, he had an idea. Smith, 58, decided to re-brand the Valley Car Wash across the street from his dispensary as Tumbleweed Express, the nation’s first marijuana drive-thru business. The drive-thru’s grand opening coincides with the unofficial–yet widely celebrated, especially on college campuses–holiday of “4/20,” a spirited celebration of pot and paraphernalia.

Smith, a lifetime entrepreneur who once owned 23 pawn shops, explained to a local Fox affiliate his rationale for opening Tumbleweed Express: “I’ve been driving by the car wash building a lot. I talked to the realtor here in town and it was for sale. So, it seemed like the perfect fit,” he said.

Ribbon cutting at Tumbleweed Express at 1pm today. pic.twitter.com/Y41yUJAFjL

— Parachute Colorado (@VisitParachute) April 20, 2017

Parachute once seemed like an unlikely place for the nation’s–and the world’s, according to Smith–first pot drive-thru. Though the town of 1,100 is in the first state in the nation to legalize recreational marijuana, it had a freeze on marijuana sales until June 2015. But as the town’s economic engine, its natural gas reserves, sputtered, town officials decided to lift the marijuana ban, which proved a boon to Parachute’s economy. In 2016, according to the Post Independent, 30 percent of the town’s tax receipts were from marijuana sales.

Smith has taken full advantage of Parachute’s marijuana renaissance. He opened a dispensary in Parachute last February, expanded to a few more towns, and on Thursday will become America’s first steward of a marijuana drive-thru. It was when he realized that customers craved a late-night cannabis fixing, with no local dispensary open late enough to scratch that itch, that Smith decided to pursue his latest venture.

“I didn’t set out thinking this would be national news,” Smith told the Post Independent. “I didn’t have some big epiphany. I just saw a need for our customers.” According to Robert Goulding, a spokesman for Colorado’s Marijuana Enforcement Division, “the same laws apply to the drive-thru as do the main dispensary.” The rules include: customers must be 21 years old or up, there must be security and surveillance at the point of sale, and no pot can be visible outside the drive-thru premises.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Welcome to Tumbleweed Express: America’s First Marijuana Drive-Thru appeared first on Law Street.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Poll: More Than Half of American Adults Have Tried Marijuana appeared first on Law Street.

In an interview on “Meet the Press” on Sunday, John Kelly, the Secretary of Homeland Security, said that marijuana “is not a factor in the drug war,” contradicting the hard-line stance of Attorney General Jeff Sessions. While Kelly does not have the same authority as Sessions in enforcing the country’s drug laws, his department does deal directly with cross-border issues like marijuana trafficking.

Kelly does not seem to see marijuana as the same community-wrecking terror that Sessions does. In March, Sessions compared marijuana to heroin, which is ravaging communities across America. Referencing the proposal that medical marijuana could be used to treat opioid addictions, Sessions said he was “astonished to hear people suggest that we can solve our heroin crisis by legalizing marijuana–so people can trade one life-wrecking dependency for another that’s only slightly less awful.”

Marijuana and heroin are both classified by the Drug Enforcement Administration as Schedule I substances. But while there were more than 50,000 heroin overdoses in the U.S. in 2016, “no death from overdose of marijuana has been reported,” according to the DEA. Kelly’s assessment of the dangers of marijuana run more in line with the DEA’s findings than Sessions’ does.

Kelly expanded on his comments, saying if the U.S. seeks to staunch the flow of drugs into the country, it should focus on three things: “It’s three things. Methamphetamine. Almost all produced in Mexico. Heroin. Virtually all produced in Mexico. And cocaine that comes up from further south.” And although Kelly, unlike Sessions, does not have the authority to determine how the country’s drug laws are enforced, and how punishment is doled out, he weighed in:

“The solution is not arresting a lot of users,” he said. “The solution is a comprehensive drug demand reduction program in the United States that involves every man and woman of goodwill. And then rehabilitation. And then law enforcement. And then getting at the poppy fields and the coca fields in the south.”

Sessions has a tougher stance on drug users; he once said “good people don’t smoke marijuana.” Though he said the Cole Memo, an Obama-era directive that prioritizes state drug laws over federal laws, is “valid,” the Trump Administration has signaled that a crack-down could be forthcoming. Twenty-eight states have legalized medical marijuana, while eight states and D.C. have legalized recreational marijuana.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Homeland Security Secretary John Kelly: Marijuana “Not a Factor” in Drug War appeared first on Law Street.

State lawmakers in Oregon passed a bill on Monday that would increase protections for the personal information of marijuana consumers. Oregon is the latest state to propose legislation intended to defend against stricter enforcement of the federal marijuana ban by the Trump Administration, something Attorney General Jeff Sessions has indicated is a possibility. The bill attracted bipartisan support, passing by a vote of 53-5.

If Democratic Gov. Kate Brown signs the proposal, which she is expected to do, marijuana shops would no longer be able to collect consumers’ personal information–names, birthdates, home addresses, and so on. Unlike Alaska, Colorado, and Washington State–the other three states where recreational marijuana is actively being sold–cannabis shops in Oregon can collect this information in a database without the customer’s consent. Businesses use the information largely for marketing purposes.

According to the bill, shops would have 30 days to destroy the information they have on record; they would be barred from collecting information in the future. States that have legalized marijuana in some form have taken steps in recent weeks to protect against any forthcoming crackdown by the Trump Administration. Last week, California–which legalized recreational marijuana last November–introduced a bill that would prohibit local law enforcement authorities from collaborating with federal drug agents.

Last week, the governors of Alaska, Colorado, Oregon, and Washington sent a letter to Sessions and Treasury Secretary Steven Mnuchin, asking for clarity on the administration’s enforcement stance. Sessions responded that marijuana will be included in a broad Justice Department crime-reduction initiative. While his past is littered with anti-marijuana comments, Sessions has not explicitly stated how he will enforce the federal ban. He recently said marijuana is “only slightly less awful” than heroin.

In addition to protecting consumers against an invasive business practice, the proposal is meant to curtail requests by federal authorities, who, if unleashed by Sessions, could penalize distributors as well as consumers, even in states where the drug is perfectly legal. “Given the immediate privacy issues … this is a good bill protecting the privacy of Oregonians choosing to purchase marijuana,” said state Rep. Carl Wilson, a Republican sponsor of the bill.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Oregon Passes Bill to Protect Marijuana Consumers’ Personal Information appeared first on Law Street.

By the summer of 2018, recreational marijuana in Canada could be legal. Later this week, Parliament will take up a bill that would satisfy a popular campaign promise of Prime Minister Justin Trudeau’s Liberal Party: legalizing recreational marijuana in Canada. Medical marijuana is already legal in the country. But some government officials think the target date for legalization, July 1, is too ambitious, and implementation is more likely to begin in 2019.

Details of the bill were reported by Canadian press outlets last week. The framework will largely follow the recommendations from a government-appointed task force. According to the bill, provinces will have a great deal of power in drafting the details of the legal framework. Provinces will determine the price of marijuana and how the drug would be distributed.

Federal officials will largely be responsible for issuing licenses and setting safety standards. Ottawa has set a minimum age limit of 18, but the provinces can increase that threshold if they choose. And in regard to homegrown cannabis, residents would be allowed to cultivate up to four plants per household. Though the proposed bill grants provinces a considerable amount of power and flexibility, Canada’s fast-track to legalization worries some provincial officials.

“We do support medicinal uses of marijuana, but we also know that there’s going to be some significant issues that arise as a result of legalization from a recreational perspective … not only with respect to impaired driving but with respect to a whole host of other issues,” Saskatchewan’s justice minister Gordon Wyant recently said.

Trudeau has made it clear that until a law is passed that legalizes recreational marijuana, possessing or selling the drug remains illegal. “Until we have a framework to control and regulate marijuana, the current laws apply,” the prime minister said last month. March saw a number of raids on dispensaries in Toronto, with authorities arresting a number of marijuana business owners, including Canada’s “Prince of Pot” Marc Emery.

Some members of Trudeau’s party, despite being in favor of legalization, would like to see the target legalization date of July 1 moved back. Canada celebrates its independence on that day. “I’m probably out on a limb on this one but … I don’t believe July 1 should be an implementation date for anything; it is a day of celebration for the anniversary and founding of our country,” Bill Blair, a Liberal lawmaker, recently told the Canadian press. “I don’t think that’s an appropriate date.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Canada Set to Legalize Recreational Marijuana in July 2018 appeared first on Law Street.

All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.

STATE OF WEED: WATCH

Delaware Could Legalize Recreational Marijuana Too!

November’s impressive marijuana victories seem to have lit a fire under many pro-pot lawmakers across the country. In recent months, we’ve seen more and more states draft legislation to legalize marijuana in some form. Last week, Delaware lawmakers announced they wanted in on the action, unveiling a new bill that would legalize the drug recreationally for adults 21 years and older. Lawmakers said they hope House Bill 110 will attract east coast “marijuana tourists” to the state, boosting Delaware’s economy in the process.

West Virginia Finally Warms Up to Marijuana

West Virginia, one of the few remaining states yet to legalize marijuana in any form, could soon get its toes wet with medical marijuana. After being fast-tracked to the House floor for a vote, Senate Bill 386 is scheduled for a second reading during Monday’s House session. The bill, which already passed the state’s Senate, would establish a 16-member commission to oversee production, distribution, and regulation of a state medical marijuana program. Members will need to decide on any amendments and vote quickly before the session adjourns on April 8.

Researchers Unlock Marijuana Genome

Attention cannabis aficionados: some experts believe that the marijuana industry could one day be able to emulate the wine industry. Researchers from the University of British Columbia published new findings online at PLOS One, in an article titled “Terpene Synthases from Cannabis sativa,” in which they identify 30 terpene synthase genes that contribute to diverse flavors. This could allow marijuana growers to produce more standardized products much like wine, which would allow buyers to know exactly what they are getting in terms of flavor and strength. Does this mean we can expect weed tastings in the near future?

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”

LAW STREET CANNABIS COVERAGE

Oregon Lawmakers Introduce Ambitious Marijuana Reform Bills

By Alexis Evans

Two Oregon lawmakers introduced an ambitious trio of bills in the U.S. Senate and House Thursday that would drastically revolutionize marijuana reform and help legitimize the cannabis industry. Sen. Ron Wyden and Rep. Earl Blumenauer, both Democrats, are calling the project the “Path to Marijuana Reform,” and it almost seems too good to be true (keep reading to check out Law Street’s exclusive interview with Rep. Blumenauer below).

Legalizing Marijuana Hasn’t Led to More Teen Use in Washington

By Alexis Evans

Marijuana opponents frequently argue that legalizing weed would encourage underage kids to try it, which they use as a justification for why states shouldn’t adopt recreational use laws. However, a new survey from the state of Washington shows that simply isn’t the case. According to a Youth Health Survey from the state of Washington, which legalized recreational marijuana in 2012 and established dispensaries in 2014, results indicated that teen cannabis consumption hasn’t changed over the past decade.

SWAT Raids Can be Deadly, Even for People With Small Amounts of Marijuana

By Alec Siegel

Though marijuana use is rarely–if ever–fatal, possession and trafficking can be deadly. A New York Times investigation into the aggressive tactics used by SWAT teams across the U.S. revealed that a startling number of people have been killed as the result of a SWAT raid.

THREE QUESTIONS: EXCLUSIVE Q&A

Each month, the Cannabis in America team interviews influencers in the cannabis industry and gives you an exclusive look into their work, motivations, and predictions for the marijuana marketplace.

U.S. Representative Earl Blumenauer (D-OR) has been an advocate of marijuana legalization for decades. In 1998, Oregon became the second state to legalize medical marijuana, and in 2015, it became one of the first states to legalize the drug recreationally. Now, Blumenauer is taking his fight to the federal level. In an exclusive interview with Law Street’s Alec Siegel, the congressman talks about the bipartisan Congressional Cannabis Caucus, and much more.

AS: What do you hope to achieve with the Congressional Cannabis Caucus?

EB: For the last four years we’ve steadily expanded involvement of people in Congress on a series of legislative actions designed to bring a little rationality to this equation. What we’ve tried to do is spread this out to involve more and more members. We’ve had an informal marijuana working group. By formalizing the Cannabis Caucus with bipartisan leadership and bipartisan membership, it’s another step toward normalizing the way this is treated by Congress.

AS:  What will it take to change the federal marijuana ban?

EB: Public acceptance is broad and accelerating. Ten years ago a majority of the American public did not support legal adult use. There was growing support but not as strong as one would like for medical marijuana. What’s happened in recent years is that the public has figured it out. Some have had actual experience with medical marijuana. I think this decade we’re going to see some pretty profound changes because [the ban] doesn’t work, it’s expensive, and it’s unfair.

AS: Are you concerned with how the Trump Administration will enforce the federal ban?

EB: They have not yet become allies, but I don’t think they’re going to rekindle this war against marijuana. First of all, in the nine states that voted on marijuana legalization in some form last fall, marijuana got more votes than Donald Trump. And there were millions of people who voted for both Donald Trump and marijuana. I’ll say flatly that there will never be an anti-marijuana candidate for president who will be successfully elected. It’s not good politics and it’s not good policy to try to reverse what has occurred across the country as a result of what the citizens wanted.

CANNABIS CULTURE

UK Mom Credits Marijuana With Saving Son From Cancer

By Alec Siegel

As Deryn Blackwell was dying of cancer, his mother, Callie, sought out something, anything, that could relieve his pain. Finally, after three excruciating years of watching Deryn suffer, she found a potential aid: marijuana. Find out more here.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Cannabis in America April 2017: Meet a Lawmaker Advocating for Marijuana Reform appeared first on Law Street.

In Sunday’s episode of “Last Week Tonight with John Oliver,” the comedian delved into the twisted, backward world of America’s marijuana laws, a topic that is “genuinely worth worrying about,” he said. Over the course of 16 minutes, Oliver gave a brief marijuana history lesson–featuring Richard Nixon in rare form–and plucked some present-day examples of people whom the country’s contradictory laws affect.

Oliver began with a brief historical overview of how marijuana laws have evolved since the War on Drugs, launched in the 1970s by Nixon, or “the Mozart of racially motivated lawmaking,” as Oliver calls him. The comedian pulled up an audio recording of Nixon talking about the perpetrators behind the marijuana legalization effort:

You know it’s a funny thing, every one of the bastards that are out for legalizing marijuana is Jewish. What the Christ is the matter with the Jews… I suppose it’s because most of them are psychiatrists, you know, there’s so many, all the greatest psychiatrists are Jewish. By God we are going to hit the marijuana thing, and I want to hit it right square in the puss.

After skewering Nixon (and the uncanny similarities between his word choice and our current president’s), John Oliver delved deep into the issue. “If you have marijuana right now, even if you are acting completely legally according to your state, you may still be in serious jeopardy,” Oliver said, mentioning that 44 states have legalized medical marijuana in some form, and eight states and D.C. have legalized the drug for recreational use. But, he stressed, because of the federal ban on marijuana, unjust criminal penalties are common, and some perfectly legal businesses are forced to operate on a cash-only basis.

Read More: The State of Weed: Marijuana Legalization State by State

Due to the tension between state and the federal law when it comes to marijuana, dispensaries can sometimes be arbitrarily raided and minor infractions can result in jail time. Legal businesses like dispensaries are also handcuffed by the federal ban. Many banks won’t allow them to open accounts, which can force marijuana businesses to solely accept cash from patrons, pay their employees with cash-stuffed envelopes, and stash their profits in safes, a dangerous practice for any type of business. In addition, as Oliver noted, many marijuana business-owners are barred from taking federal tax deductions.

Oliver brought up the story of a man who had a legal medical marijuana card for his paralysis but was fired by his employer because he failed a drug test. Oliver compared the absurdity of the man’s story to “driving exactly the speed limit, and getting pulled over by a cop who tells you, ‘sorry, the federal speed limit is three, and the legal age to drive is 62, and also you have to be drunk.'”

A large chunk of the segment was dedicated to medical marijuana laws. Oliver took aim at the federal classification of marijuana as a Schedule I substance, which puts it on par with heroin and LSD. He also mentioned Danny Belcher, a veteran in Kentucky who was denied marijuana to treat his PTSD by the VA. Medical marijuana is legal in Kentucky, but because Belcher’s health care was administered by the VA, a federal department, doctors were unable to prescribe him marijuana.

“A doctor shouldn’t be ignored because he recommends marijuana,” Oliver quipped, pulling up pictures of Dr. Phil and Dr. OZ, “a doctor should only be ignored because he is televised.” Oliver also expressed concern over how Attorney General Jeff Sessions (“the concept of golf expressed in man form”) will enforce the federal ban. Sessions has stated “good people don’t smoke marijuana,” though he has said he will uphold the Cole Memo, which directs the Justice Department to prioritize state law over federal law in regard to marijuana.

Oliver concluded by calling for “sensible” reforms: “I’m not saying there shouldn’t be laws that place sensible restrictions on marijuana as there are with other substances, but our federal laws desperately need to be brought up to date.”

Here’s the full video:

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post John Oliver Blasts America’s Marijuana Laws appeared first on Law Street.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Oregon Issues First Recreational Marijuana Recall After Failed Pesticide Test appeared first on Law Street.

Though marijuana use is rarely–if ever–fatal, possession and trafficking can be deadly. A New York Times investigation into the aggressive tactics used by SWAT teams across the U.S. revealed that a startling number of people have been killed as the result of a SWAT raid. Of the 85 fatal raids since 2010–in which either a suspect or officer was killed, 20 involved marijuana, according to a Washington Post analysis of the data. In many instances they involved relatively minor infractions.

The Times investigation details episodes in which SWAT teams raided a suspect’s house without a warrant, a so-called “no-knock raid.” Because of the hurried and often frantic nature of the raids, fatal mistakes sometimes happen. In one deadly 2010 raid, for instance, Trevon Cole was targeted after he sold 1.8 ounces of marijuana to an undercover officer. A SWAT team raided Cole’s residence, and shot and killed him as he flushed his marijuana stash down the toilet. He was unarmed.

There are thousands of these raids each year, and the vast majority do not result in fatalities. But that there are fatal accidents, especially involving people who are handling a drug that is legal in some states and illegal in others, is enough to justify scrutiny. Marijuana, which is legal in some form in more than half of the U.S., is not inherently deadly. In fact, according to the Drug Enforcement Administration, “no death from overdose of marijuana has been reported.”

But that does not stop SWAT teams from busting down the doors of those suspected of growing or selling the drug. “These are dangerous people we’re dealing with,” a SWAT commander in Arkansas told the Times. “If you have a dope house next door there’s probably nothing the police can do that would be overreacting.”

Officers have also been killed during these raids. In one unfortunate case, a SWAT team conducted an early-morning raid on the rural Texas home of Henry Magee, who an informant said was growing 12 marijuana plants. The officers burst into the home before announcing their presence, and Magee, thinking his house was being robbed, shot and killed an officer.

A grand jury later declined to indict Magee with capital murder charges, but he was indicted on a drug trafficking charge. “All of us felt that if I were in bed and heard anything that made me get up and get a gun, and all of a sudden my door explodes in, I’m shooting,” one of the jurors involved in the case told the Times. “Why in the world would you do a full-out assault on a guy growing pot?”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post SWAT Raids Can be Deadly, Even for People with Small Amounts of Marijuana appeared first on Law Street.

Israel’s Cabinet announced on Sunday that the country, already one of the world’s leaders in medical marijuana innovation, is decriminalizing recreational marijuana use. Despite its innovations in medical marijuana research, Israel previously viewed recreational use as a criminal offense; although enforcement was lenient. But now, Israel is officially joining a handful of other countries–including the Netherlands, Mexico, Czech Republic, Costa Rica, and Portugal–in officially treating marijuana use as a public health issue, not a criminal offense.

The Cabinet’s announcement drew bi-partisan applause. “Whether one supports use of cannabis or is opposed, it is wrong to judge cannabis users per criminal law and its derivatives,” said right-wing Justice Minister Ayelet Shaked, adding that Israel “cannot turn a blind eye in light of changes worldwide regarding cannabis consumption and effect.”

And Tamar Zandberg, member of the left-wing Meretz Party, and chairwoman of the Committee on Drug and Alcohol Abuse, said Sunday’s announcement is “a message that millions of Israelis who consume cannabis are not criminals.”

Under the new decriminalization model, first time users, if caught smoking pot in public, will be slapped with a 1,000 shekel ($271) fine, but no criminal charges would be brought. A subsequent offense would double the fine. And a third could require rehabilitation, education, and a suspended driver’s license. The money collected by fining public marijuana users would help fund rehabilitation clinics and educational programs. A fourth offense could result in criminal charges.

The medical marijuana industry in Israel, while still relatively nascent, is backed by the government and is a growing source of innovation in the private sector. There are 25,000 registered medical marijuana patients in Israel, a number that is expected to grow exponentially over the next few years. Following Sunday’s announcement, the government will set up a special team tasked with regulating and carrying out the decriminalization policy. The new policy is based on the findings of a committee led the the Public Security Ministry Director General Rotem Peleg.

The Public Security Minister Gilad Erdan said Sunday’s announcement “is an important step on the way to implementing the new policy that will put emphasis on explaining and treating” marijuana use, “rather than on criminal enforcement.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Israel Announces it Will Decriminalize Recreational Marijuana Use appeared first on Law Street.

All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.

STATE OF WEED: WATCH

Will the U.S. Finally End its Prohibition on Marijuana?

A freshman representative from Virginia introduced legislation last week that would remove marijuana from the federal Controlled Substances Act. This measure, introduced by Representative Thomas Garrett (R-VA), is identical to legislation introduced by Senator Bernie Sanders (I-VT) in 2015 that never really went anywhere. The bill would not effectively legalize the sale and use of marijuana in all 50 states; instead, it would allow states the ability to make their own decisions on marijuana policy without the threat of federal interference.

NFLPA Will Explore if Marijuana is Safer Than Opiates 

The NFL Players Association will look into whether marijuana is a safer pain management alternative for athletes than opiates. During a taping of the NBC Sports “Pro Football Talk Live” radio show, NFLPA President Eric Winston revealed that owners may soon have no choice but to embrace it.

Colorado Could Become the First State to Legalize “Pot Clubs”

In a five-to-two vote, the Colorado Senate Business, Labor, and Technology Committee recently passed a bill that would bring “pot clubs” to the state. Senate Bill 184, titled Private Marijuana Clubs Open and Public Use, would allow individuals 21 years and older to publicly consume marijuana in privately-owned marijuana clubs. The bill will now move to a full Senate vote.

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”

LAW STREET CANNABIS COVERAGE

Will the Trump Administration Crack Down on Marijuana?

By Alec Siegel

White House Press Secretary Sean Spicer suggested the Justice Department will increase its enforcement of federal marijuana laws. Marijuana is banned at the federal level, but is legal, recreationally or medically, in 28 states and D.C. However Spicer did say the president sees a “big difference” between recreational and medical marijuana.

Congress Now Has A Bipartisan Cannabis Caucus

By Alexis Evans

A group of pro-pot federal lawmakers has teamed up to announce the formation of the first-ever Congressional Cannabis Caucus. The bipartisan effort will work on legislation related to marijuana legalization and regulation, proving that perhaps Congress is taking the issue of marijuana legalization seriously.

Hemp Industries Association Sues DEA for Regulating Hemp as a Schedule I Drug

By Alexis Evans

The Hemp Industries Association (HIA) has filed a motion against the DEA, challenging the agency’s handling of hemp foods as Schedule I drugs. On February 6, the HIA filed a motion to find the DEA in contempt of court for failing to comply with a 13-year-old court injunction, prohibiting the agency from regulating hemp food products as Schedule I controlled substances.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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The marijuana industry and the Trump Administration seem to be locked in a battle of chicken. Known Russian affiliate Attorney General Jeff Sessions and active Venmo user Press Secretary Sean Spicer have drawn battle lines, but we’ve been waiting to see who will make the first move. Until now.

In an attempt to circumvent the inevitable nationwide crackdown on legal marijuana, a group of bipartisan Oregon lawmakers are leading the charge with direct state actions.

According to CBS News, the committee responsible for crafting Oregon’s pot policies has proposed legislation that requires marijuana businesses to destroy customers’ personal information (such as names, addresses and birth dates, gathered for marketing purposes) within 48 hours.

via GIPHY

The measure is scheduled for its first hearing Tuesday. Before it can take effect, it must first pass the full legislature, before finally being approved by the state’s governor, who has vowed to protect Oregon’s pot market.

“I could see where the federal government would come in and try to gather this information from businesses that have stockpiled it and retained it in their records,” said Democratic State Sen. Floyd Prozanski, a bill sponsor who is also a prosecutor. “I think we as legislators have a duty to protect our citizens.”

Even though marijuana is still illegal at the federal level, eight states and the District of Columbia have legalized recreational marijuana. However, only four of those states have established legal dispensaries. These shops are required to check the driver’s licenses of customers to verify they are at least 21. But some take it a step further, logging driver’s license numbers, birthdays, addresses, and other personal information into their systems.

“The reason we keep that information is to reach out to them–it’s marketing, just like any retailer,” said Donald Morse, executive director of the Oregon Cannabis Business Council.

Lawmakers fear that this same information could one day be used by the feds to build legal cases against individuals who have purchased marijuana, albeit legally. While the Justice Department doesn’t typically go after individuals, this could be a serious violation of privacy.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post The Trump Effect?: Oregon Lawmakers Push to Protect Pot Privacy appeared first on Law Street.

The American Academy of Pediatrics (AAP) on Monday released new guidelines for pediatricians to follow in light of recent marijuana legalization developments. Marijuana is legal, either medically or recreationally, in 28 states and D.C. Though overall marijuana use, even in states with the most lenient laws, has remained the same, decriminalization has “created an environment in which marijuana increasingly is seen as acceptable, safe, and therapeutic,” the report said.

This, the report added, can “affect use among adolescents by decreasing the perceived risk of harm or through the marketing of legal marijuana, despite restrictions that prohibit marketing and advertising to this age group.”

Co-written by Dr. Sheryl Ryan and Dr. Seth Ammerman, the report, “Counseling Parents and Teens about Marijuana Use in the Era of Legalization of Marijuana” will be published in the March edition of the Journal of Pediatrics. With an absence of solid scientific research into marijuana’s effects on brain development, Ryan said in a press release, pediatricians and parents must play a vital role in educating children to abstain from the drug.

“The adolescent brain, particularly the prefrontal cortex areas that control judgment and decision-making, is not fully developed until the early 20s, raising questions about how any substance use may affect the developing brain,” the report said. Ryan, in the press release, noted the negative effects marijuana might have on a developing brain: “short-term impairment of memory, attention, concentration and problem-solving skills, as well as motor control, coordination and reaction time.”

Marijuana, though illegal for anyone younger than 21, even in states that have legalized it for recreational use, is more accessible than ever before. Use among children ages 12 to 17 has remained steady since 2002. But there has also been an uptick in calls and visits to poison centers over the past few years, mostly involving children (babies as well) who have accidentally consumed a piece of candy or baked good infused with marijuana.

The stigma surrounding the drug is also dissipating, which is alarming to health professionals who are not entirely certain about its health effects, especially on developing brains. In addition, the concentration of THC–the active chemical in marijuana–in a plant has increased. In the 1980s, marijuana had a THC concentration of about four percent; in 2012, that rose to 12 percent.

The report included “talking points for parents and teens,” such as: regular marijuana use among teens can lead to depression; use by minors is illegal, and can lead to prosecution and a criminal record; secondhand marijuana smoke is toxic. The report suggests parents not use marijuana in front of their children, keep marijuana-infused edibles stowed away, and to “not share your own histories of drug use with your children.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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In a press conference on Thursday, White House Press Secretary Sean Spicer suggested the Justice Department will increase its enforcement of federal marijuana laws. Marijuana is banned at the federal level, but is legal, recreationally or medically, in 28 states and D.C. However Spicer did say the president sees a “big difference” between recreational and medical marijuana.

“I do believe you will see greater enforcement of it,” Spicer said, referring to the federal marijuana ban. “When you see something like the opioid addiction crisis blossoming in so many states around this country, the last thing we should be doing is encouraging people,” he added. “There is still a federal law that we need to abide by when it comes to recreational marijuana and drugs of that nature.”

Spicer’s remarks seem to contradict comments Trump made during the campaign. At a rally in October 2015, Trump said marijuana policy is a “state-by-state” issue. Trump hardly has fixed positions on certain issues, however, and his views on marijuana enforcement might have evolved since late 2015. Spicer’s comments also implied that marijuana use can lead to more dangerous drug use, like opioids. There is limited, if any, evidence to support the so-called “gateway drug” theory.

Marijuana advocates have been wary about the new attorney general, Jeff Sessions, because of anti-marijuana comments he made when he was a senator from Alabama. But during his hearing last month, Sessions said he “won’t commit to never enforcing federal law” but added that doing so is “a problem of resources for the federal government.” That there are more pressing issues than marijuana enforcement on the Justice Department’s agenda–narcotics trafficking and criminal justice, for example–might be the best buffer against a clamp down on marijuana use in states where the practice is legal.

The Congressional Cannabis Caucus, created last week and co-chaired by a bi-partisan group of congressman, released a statement in response to Spicer’s comments. “We hope today’s comments do not reflect the views of the President and his administration,” said the group, which consists of Reps. Earl Blumenauer (R-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK). “We stand ready to educate this administration on the need for more sensible marijuana policies and share the many experiences states have had with the legalization of cannabis.”

In 2013, the Deputy Attorney James Cole, responding to the recent recreational marijuana legalization in Washington and Colorado, issued a memo that directed the federal government to consider state laws when enforcing the federal marijuana ban. The Cole Memo reiterated that marijuana trafficking and related criminal activity–such as selling to minors–should be aggressively enforced. Indeed, the Obama Administration conducted raids on growing facilities in states that legalized the drug. But the Cole Memo instructed deference to state law when it comes to possessing or selling small amounts of marijuana.

For all of the uncertainty Spicer’s comments cast on marijuana enforcement, he made clear that the president respects and understands the medical utilization of marijuana. “The president understands the pain and suffering that many people go through who are facing, especially terminal diseases,” Spicer said, “and the comfort that some of these drugs, including medical marijuana, can bring to them.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Will the Trump Administration Crack Down on Marijuana? appeared first on Law Street.

A group of pro-pot federal lawmakers has teamed up to announce the formation of the first-ever Congressional Cannabis Caucus. The bipartisan effort will work on legislation related to marijuana legalization and regulation, proving that perhaps Congress is taking the issue of marijuana legalization seriously.

During a press conference last Thursday afternoon, Representatives Earl Blumenauer (R-Oregon), Dana Rohrabacher (R-California), Don Young (R-Alaska), and Jared Polis (D-Colorado) joyfully announced the creation of the coalition. Unsurprisingly, all four of the representatives hail from states where recreational marijuana is legal.

“We’re stepping forward together to say we’ve got to make major changes in our country’s attitude toward cannabis,” Rep. Rohrabacher said at the start of the press conference. “And if we do, many people are going to live better lives, it’s going to be better for our country, better for people, and it makes economic sense at a time when every penny must count for government.”

Rohrabacher and company discussed the importance of protecting the rights of individuals who reside in states where recreational marijuana is legal. Earlier this month Rohrabacher introduced HR 975, otherwise known as the Respect State Marijuana Laws Act of 2017, which would allow state law to supersede federal law when it comes to the Controlled Substance Act.

The appointment of Sen. Jeff Sessions as U.S. Attorney General, a staunch marijuana critic, left many marijuana advocates wary of whether there will be any legislative change under the Trump Administration. In the past Sessions has called the drug “dangerous” and has joked that “good people don’t smoke marijuana.” However, Sessions said during his confirmation hearing that he would need to use “good judgment” when deciding how to enforce federal marijuana laws.

“Because of the conflicts between Federal and State law, marijuana-related issues are no longer theoretical–they are real, and they are affecting real people in Alaska and across the country,” Young said in a written statement. “I look forward to working with the Congressional Cannabis Caucus to educate my colleagues in the House on the issues we are facing in Alaska, and hopefully to also develop solutions to these problems.”

According to Salon, several of the marijuana industry’s top leading lobbying groups and associations–including NORML, the Marijuana Policy Project, and the Drug Policy Alliance, among others–issued a joint statement on Thursday thanking the lawmakers leading the charge on cannabis policy.

“The establishment of a Cannabis Caucus will allow members from both parties, who represent diverse constituencies from around the country, to join together for the purpose of advancing sensible cannabis policy reform,” the statement read.

With marijuana legalization approval ratings at an all time high, we’ll have to wait and see if the bipartisan efforts of these state representatives can make some more headway with updating current legislation.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Congress Now Has a Bipartisan Cannabis Caucus appeared first on Law Street.

When his father was dying of cancer in 1999, Daniel Reingold brewed a remedy that would not cure his fatal disease, but might alleviate his pain: marijuana-infused tea. Reingold, now the president and CEO of RiverSpring Health, later brought his first-hand experience with the medical properties of marijuana to a nursing home his company operates in the Bronx. The Hebrew Home, in Riverdale, allows its residents to find late-in-life relief from a leaf that doesn’t grow in the facility’s garden: marijuana, in the form of cannabidiol (CBD) pills. 

As states continue to loosen the laws for marijuana use, the drug is reaching people who might have grown up in the age of “Reefer Madness.” Though marijuana use has shot up among all demographics over the past decade, use among adults ages 65 and up has increased exponentially. According to one recent study, between 2006 and 2013, marijuana use among people 65 and up has increased by 250 percent.

In some of the 28 states (and the District of Columbia) that have legalized marijuana for medical use, elderly residents of nursing homes and assisted living facilities can use marijuana pills in lieu of drugs like morphine. But at many of them, because the drug is banned at the federal level, the staff will not directly administer or oversee use, instead following a “don’t ask, don’t tell” policy. Residents can obtain cannabis products from a dispensary, and stow them away in their rooms. Some are worried that this is a health hazard, especially since the effects of marijuana on older people are far from understood.

“If residents are taking it, they are taking it undercover without the staff knowing so it’s not part of their care plan,” Dr. Cheryl Phillips, senior vice president for public policy and health services for a group that represents more than 2,000 nursing homes, told The New York Times. “I think that creates a safety problem.”

But for some residents at places like the Hebrew Home, popping a pill filled with cannabis oil is no different than using any other medication–aside from the stigma that comes with it. “It’s got a stigma,” Marcia Dunetz, 80, told the Times. “People don’t really believe you’re not really getting high if you take it.” Dunetz, a Parkinson’s patient, said since using marijuana she no longer wakes up with headaches, and feels less dizzy and nauseous.

Because marijuana is banned, in all capacities, at the federal level, staff at many assisted living facilities and nursing homes could theoretically be committing a crime if they were to administer marijuana to residents and patients. That possibility deters the staff and the owners wary of doing so. And at government-supported nursing homes, there is the possibility that Medicare and Medicaid could take a hit if the staff were giving their patients pot.

And then there is the great unknown of how marijuana affects older people. Should they consume less? Will it adversely affect their brains? “On the one hand, cannabis may be an effective substitute for prescription opioids and other misused medications; on the other hand, cannabis has emerged as an alternative for the undertreatment of pain at the end of life,” said a study published in January in the Oxford University Press.

Ruth Brunn, a 98-year-old with neuropathy living at the Hebrew Home, does not know what long-term affects taking cannabis oil pills will have on her (long-term has a different meaning for her, perhaps), but that doesn’t matter. “I don’t feel high or stoned,” she told the Times. “All I know is I feel better when I take this.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post The New Drug Gaining Popularity in Nursing Homes: Marijuana Pills appeared first on Law Street.

Marijuana advocates have been worried for months about the recently confirmed Attorney General Jeff Sessions. He once said “good people don’t smoke marijuana,” and he has joked that he thought the Ku Klux Klan “were OK until I found out they smoked pot.” But last week, Sessions spoke with Sacramento County Sheriff Scott Jones, and may have finally hinted at how he might enforce the federal marijuana ban as attorney general.

“Regarding the prioritization of federal resources to combat marijuana, he didn’t see the federal government getting involved in marijuana use or low-level state, what are traditionally state and local crimes, but, I don’t think he ruled out the possibility of the federal government getting involved in larger-scale operations,” Jones said.

If what Jones said is to be taken as Sessions’ stance on enforcing marijuana laws at the state-level, then not much would change. President Barack Obama routinely cracked down on medical marijuana dispensaries and growers, even ones in states that legalized the drug. During Obama’s first three years in office, the Justice Department conducted over 100 raids.

Despite a history of anti-marijuana comments, Sessions has stayed consistent when asked about how he will enforce the federal marijuana ban as attorney general. In his hearing last month, Sen. Patrick Leahy (D-VT) asked Sessions how he would handle marijuana enforcement. “I won’t commit to never enforcing federal law,” he responded, “but absolutely it’s a problem of resources for the federal government.”

As more and more states legalize pot in some form–28 states and D.C. have already done so–enforcing the federal ban will become increasingly difficult. Nearly one quarter of Americans now live in a state with some form of legal marijuana, either medical or recreational. And according to a recent Gallup poll, 60 percent of Americans favor marijuana legalization, the highest rate in 47 years.

The attorney general is meant to enforce the law based on the law, not his or her own opinions. And in his hearing, Sessions swore under oath to ditch his personal viewpoints when enforcing U.S. law. “It’s not so much the attorney general’s job to decide what laws to enforce. We should do our jobs and enforce laws effectively as we’re able,” Sessions said during his hearing. “The U.S. Congress made the possession of marijuana in every state — and the distribution — an illegal act. If that’s something that’s not desired any longer, Congress should pass a law to change the rule.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Catch up on the stories you may have missed by checking out Law Street’s best of the week!

What Does it Take to Become an Entertainment, Arts, or Sports Lawyer?

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

After nearly three months of being suspended in legislative limbo, Maine’s recreational marijuana bill officially went into effect on Monday. People 21 and older can now possess up to two and a half ounces of cannabis; they can also grow up to six mature plants, and 12 immature plants. But after Governor Paul LePage signed a moratorium on Friday, retail sales of marijuana will be frozen until February 2018, giving lawmakers time to close any loopholes that appeared in the original legalization measure.

Because Question 1 passed by a slim margin–about 4,000 votes–in November, a group opposing legalization requested a recount in early December. A few weeks later, the recount effort was dropped. “We are satisfied that the count and the result are accurate,” legal counsel for the opposition group said at the time.

Now that the Election Day results have been confirmed, Maine joins California, Massachusetts, and Nevada in legalizing recreational marijuana in 2016. Four other states passed ballot measures that legalized medical marijuana. Roughly one quarter of Americans now live in a state that has legal marijuana measures, either medically or recreationally, in place.

LePage, an early opponent of legalization, was able to suspend retail pot sales until early next year, but he did not succeed in adding two last-minute provisions to the moratorium bill, called “an Act To Delay the Implementation of Certain Portions of the Marijuana Legalization Act.” He requested $1.6 million to hire new staff, and to cover other implementation costs. Lawmakers in the House shot down that provision. 

LePage also wanted to transfer oversight of Question 1 from the Maine Department of Agriculture to the Bureau of Alcoholic Beverages and Lottery Operations. That provision was also shot down, but LePage signed an executive order to ensure that delegation change happens.

“However, no rules will be promulgated until the Legislature allocates money to fund the rule making process,” LePage said on Friday “I sign this bill today to protect Maine children from the dangers of marijuana.” The governor also heavily criticized Speaker of the House Sarah Gideon, a Democrat, for nixing his proposed additions to the moratorium. He said Gideon was guilty of “playing dirty politics.” 

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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After several failed attempts, experts point to New Mexico as the next possible state to legalize recreational marijuana. Lawmakers are expected to introduce a new bill that would help rebound the state’s lackluster economy with the help of marijuana tax revenue.

On Wednesday sponsors in both the house and senate announced their proposals for parallel marijuana bills that would include a 15 percent tax on sales.

According to the Albuquerque Journal, local governments would choose whether to allow marijuana sales within their jurisdictions and could collect an additional 5 percent tax, while cultivation would be allowed statewide under a proposal modeled after marijuana laws in Colorado.

Governor and former district attorney Susana Martinez, a Republican, has consistently opposed legalizing marijuana or industrial hemp production; however, supporters plan to also advance a constitutional amendment that would call for a statewide vote in 2018, sans the governor’s approval.

“We create jobs, we create economic activity, and we create revenues for the state,” Democratic Sen. Gerald Ortiz y Pino of Albuquerque told the Albuquerque Journal. “It is one way this state has, and I think one of the most promising ways, to get back on track economically.”

He plans to introduce the senate version of the bill later this week. Representatives Bill McCamley (D-Las Cruces) and Javier Martinez (D-Albuquerque) are sponsoring the house version of the legalization bill.

“If it were to be passed by the Legislature, signed by the governor, it could be operational in New Mexico in July,” Ortiz y Pino said.

In 2016, three marijuana initiatives were introduced in New Mexico that would have legalized and taxed marijuana for adult recreational use in the state. In particular, the New Mexico Use of Marijuana Revenues Amendment, also known as Senate Joint Resolution 5, would have created a constitutional amendment to allow possession and personal use. It was approved by the Senate Rules Committee and the Senate Judiciary Committee before being defeated on the senate floor, with a vote of 17-24.

According to the Albuquerque Journal, 61 percent of likely voters said they would support full legalization. With increased favorability and joint initiatives in both houses, marijuana advocates could finally see a win in the Land of Enchantment.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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This spring, Canada’s Parliament is expected to consider a recreational marijuana legalization measure. At the top of the new year, cities in Alberta and British Columbia are bracing for the impact of legal marijuana, and the effects it could have on the workplace and in communities, by considering a slew of legislative responses.

In Edmonton, Alberta, the Chamber of Commerce is pursuing policy ideas that would help workplaces adapt to a legal marijuana market across Canada. Janet Riopel, CEO of the Edmonton Chamber of Commerce, which represents 2,400 businesses, told CBC that “employers have said marijuana use is inconsistent with safe work places.” She added: “employers want to know what employees’ rights are. Because employees have a right to a safe working environment.”

According to Edmonton City Councilor Mike Nickel, the move is meant to prepare for the inevitable legalization, rather than react to the federal government. “When we are trying to play catch up, that’s when the negative effects of any kind of policy tend to hit the streets first,” he said. “And with the potential legalization of marijuana, it’s clear we want to get in front of this issue, not behind it.”

In Richmond, British Columbia, city officials are working on legislation to prohibit marijuana dispensaries, even when marijuana is allowed to be sold in a legal storefront. The Richmond City Council is looking at a bylaw that would effectively bar dispensaries in the town. “Legalization doesn’t mean to say we have to follow suit,” Councilman Bill McNulty told The Globe and Mail.

Last spring, government officials, including Prime Minister Justin Trudeau, signaled that Canada will be looking at legalization measures sooner rather than later. At the United Nations last April, Canadian Health Minister Jane Philpott called for “drug policy that is informed by solid scientific evidence and uses a lens of public health to maximize education and minimize harm.”

Philpott added: “Our approach to drugs must be comprehensive, collaborative and compassionate. It must respect human rights while promoting shared responsibility. And it must have a firm scientific foundation.” In December, a government task force released its findings about how Canada’s marijuana market should be regulated. It recommended creating a 30 gram possession limit, and a minimum purchasing age of 18.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Last week the Air Force relaxed its rules for recruits who have used marijuana prior to their enlistment. The changes also include more leniency for recruits with ADHD, eczema, and asthma, which will now be examined on a case-by-case basis. The rule changes signify a traditional institution adapting to an America that is slowly and steadily legalizing marijuana at the state level.

“As medical capabilities have improved and laws have changed, the Air Force is evolving so we are able to access more worldwide deployable Airmen to conduct the business of our nation,” Air Force Chief of Staff Gen. David Goldfein said in a statement.

Before the changes, Air Force recruits were asked in an interview if they had smoked marijuana at some point in the last few days, weeks, or months. Questions about a recruit’s past marijuana use varied, and the time periods asked about were inconsistent. Now, with the rule changes, previous pot use is not a disqualifying factor for enlistment. Marijuana use for active recruits, however, remains strictly forbidden.

The rule changes follow a year-long review of Air Force practices by Air Force Secretary Deborah Lee James. “In this instance, we identified specific changes we can make to allow more members of our nation to serve without compromising quality,” she said in a statement. The change in policy represents the branch’s response to changing social norms that are sweeping the country.

Last November, eight states legalized marijuana, either recreationally or medically. Florida and California, states with a high number of military recruits, passed ballot measures to legalize medical and recreational marijuana respectively. The drug remains banned at the federal level, but public opinion and state-level legislation is slowly tipping in favor of full legalization. One-quarter of Americans now live in a state with some form of marijuana legalization measures in place.

And now, as long as a recruit does not use the drug while in service, previous use is not a disqualifying factor. Officials with the Air Force hope these changes will widen their ranks. “These changes allow the Air Force to aggressively recruit talented and capable Americans who until now might not have been able to serve our country in uniform,” said Chief Master Sgt. of the Air Force James A. Cody.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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District of Columbia Councilman David Grosso is determined to institute a regulated marketplace for legal marijuana in the nation’s capital. For the third time in just over three years, Grosso, an at-large councilmember, introduced a bill to tax and regulate cannabis sales in D.C. on Tuesday. The Marijuana Legalization and Regulation Act of 2017 was co-introduced by two other D.C. councilmembers, Robert White and Brianne Nadeau.

D.C. is “in limbo status where [cannabis] is legal but it’s not legal, and I would love for us to get to a point where it’s regulated like alcohol,” Grosso told Law Street. Grosso, who proposed a similar bill in September 2013, and again in January 2015, said that as a member of D.C.’s legislative body, he has a responsibility to propose legislation that benefits his constituents and the city as a whole.

In November 2014, nearly 70 percent of D.C. residents voted for Initiative 71, which legalized the possession of marijuana in the city. The initiative legalized possession of up to two ounces of marijuana for people 21 and up. It also allowed people to gift, for no compensation, up to one ounce of marijuana. When the legalization initiative passed, Congress included language in the city’s budget that blocked it from regulating the sale of marijuana, making it markedly different from states like Colorado and Oregon that have legalized the sale of recreational marijuana in dispensaries.

This time around, many of Grosso’s colleagues declined to co-sign the bill, possibly deterred by a letter Congress sent two years ago, which explicitly stated that proposing marijuana legalization measures is a violation of federal law. That letter, Grosso said, nixed any chance of a hearing on the bill two years ago; there will likely be no hearing this year either.

Grosso is well aware that by proposing further marijuana legislation, he is flouting Congress. “I recognize that by introducing [the bill] is some level of infraction of the mandate that says don’t do it,” he said. “At the same time I’m not worried about that.” By proposing the legislation, Grosso is violating the federal Antideficiency Act, which prohibits federal employees from appropriating funds that have not been authorized.

But that law, Grosso said, has never been enforced. What if Congress did decide to enforce it? “I would frankly welcome that,” he said, adding that it “would bring attention to the situation… and [show] that Congress is the overlord of the District of Columbia.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Senator Jeff Sessions (R-AL), President-elect Donald Trump’s nominee for attorney general, will face the Senate in a confirmation hearing on Tuesday. In an effort spearheaded by the National Organization for the Reform of Marijuana Laws (NORML), pro-marijuana groups are asking supporters to call their senators on Monday, and let them know that they will not stand for any aggressive enforcement actions taken by Sessions, who once said “good people don’t smoke marijuana.”

“Senator Sessions’ views are out of step with mainstream America and they are in conflict with laws throughout a majority of states,” said NORML Executive Director Erik Altieri in a statement. “We must demand that Senators on the Judiciary Committee ask this nominee whether he intends to respect the will of the voters in these states and whether he truly believes that no ‘good people’ have ever smoked pot.” The “Day of Action” included the Twitter campaign #JustSayNoToSessions:

.@SenBobCasey @SenToomey you guys gotta #JustSayNoToSessions! Please, do not let this guy gain any more power, lest our country suffer more

— Derek Rosenzweig (@ozzyogkush) January 9, 2017

Since Trump’s announcement in November, Sessions has come under fire for disparaging comments he has made in the past in regard to marijuana. In the 1980s, while serving as a U.S. Attorney for the Southern District of Alabama, Sessions said he thought the Ku Klux Klan “were OK until I found out they smoked pot.” He later said those remarks were a joke. Sessions has also called marijuana reform “a tragic mistake.”

Marijuana laws around the country are loosening: more than a quarter of all Americans live in a state with either recreational or medical marijuana legalized. Most recently, on Election Day, eight states passed ballot measures to legalize recreational or medical marijuana. But at the federal level, marijuana remains an illegal substance, classified in the same group as heroin and LSD.

@NORML I called Senators Patty Murray and Maria Cantwell of Washington State. Put down your bongs, pick up your phones, and speak up

— DonSativa (@MrPandejo) January 9, 2017

Eric Holder and Loretta Lynch, the attorney general under President Barack Obama, did not aggressively enforce the federal marijuana ban at the state level. But now, as Sessions prepares to lead the Justice Department, marijuana proponents worry that he could order raids on growing facilities, and arrest dispensary owners in the name of the federal ban. While he has not made any mention of how he might enforce the federal law in regard to marijuana, Sessions will have power to clamp down if he wishes.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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For the thousands of people planning to flood the National Mall on Inauguration Day, to cheer or to jeer, a D.C.-based group has an idea to ease the potentially tense atmosphere: free marijuana joints. The D.C. Cannabis Coalition, an activist organization in a city where recreational marijuana is (mostly) legal, will be handing out thousands of joints on the morning of January 20. On the west side of Dupont Circle, the group will hand out coffee and tea, and at 10 a.m., begin to march south toward the National Mall, handing out joints along the way.

The group has a cache of 4,200 joints, and at 4 minutes and 20 seconds into Trump’s speech, marchers are encouraged to light their joints.”The main message is it’s time to legalize cannabis at the federal level,” said Adam Eidinger, the founder of DCMJ, a DC Cannabis Coalition partner and the group that drafted the initiative that legalized recreational pot in the capital.

Eidinger acknowledged that protesters would be breaking the law if they smoked in public, and on federal land, but he encouraged it as “a form of civil disobedience.” He said: “I think it’s a good protest. If someone wants to do it, they are risking arrest, but it’s a protest and you know what, the National Mall is a place for protest.”

Eidinger said the protest was welcome to Trump supporters and opponents alike, and is aimed more at pushing to recognize marijuana as a legal substance at the federal level than anything else. Cannabis, though legal in some form in a majority of states and D.C., is banned by the federal government. And DCMJ is no fan of Trump’s appointee for attorney general, Jeff Sessions.

In late November, when Trump announced Sessions as his choice for attorney general, DCMJ called the former Alabama senator “one of the biggest prohibitionists in Congress.” The group added: “We can’t idly sit by and watch all the hard work we’ve done to legalize cannabis in DC be eroded by an out of touch prohibitionist!” But the joint giveaway is not all about protesting Sessions, or Trump, or the federal marijuana ban. “This is really a gift for people who come to Washington, D.C.,” Eidinger said.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Next year could be the year that South Carolina establishes a legal medical marijuana program. Representative Todd Rutherford, a Democrat, recently pre-filed the “Put Patients First Act,” or H. 3128, which would allow people suffering from certain diseases to be prescribed medical cannabis by their doctors.

H. 3128 would permit marijuana to be provided to patients with cancer, glaucoma, HIV/AIDS, and potentially other medical conditions such as cachexia, severe pain or nausea, seizures, and muscle spasms. Patients could possess up to two ounces of marijuana and, while waiting for dispensaries to open, could grow up to six plants in their homes.

The most recent legal movement for marijuana in South Carolina came in 2014, when the state passed a bill that permitted hemp farms, and allowed children to use cannabidiol for medical trials. But the last time the state legislature took up a medical marijuana proposal was in 2007; that bill failed to pass.

“The time has come to put aside archaic misconceptions of medical marijuana and put patients first,” Rutherford said in a statement to Columbia-based news outlet WLTX. “I hear devastating stories every single day from people who are battling epilepsy or suffering from a brain tumor who desperately need medical marijuana to treat the debilitating symptoms.”

Rutherford pre-filed another medical marijuana bill, House Bill 3162, which would allow veterans with post-traumatic stress disorder to use marijuana. In order to reach a House vote, both bills would need to pass a committee vote. If the House passes the bills, they would move to the Senate, and finally, to the governor’s desk.

Cannabis remains illegal in much of the South, save for Florida, which passed a medical marijuana bill on Election Day, and Louisiana. The legalization flurry on November 8, when eight states legalized marijuana in some form, passed over South Carolina. And as 2016 comes to a close, more than a quarter of Americans live in a state where pot is at least medically available.

South Carolina, if Rutherford’s bill can garner enough traction and support, could join the legion of states whose marijuana laws are rapidly changing. South Carolinians are ready for a change in the law: in a poll conducted in October, 78 percent said they support medical marijuana.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Israel’s central drug enforcement body, the Israel Anti-Drug Authority (IADA), expressed its support of marijuana decriminalization during a Knesset special committee hearing on Monday. Eitan Gorani, chairman of IADA, said the authority “favors the Portugal model,” referencing Portugal’s focus on marijuana, and all other drugs for that matter, as a public health issue, not a criminal one. Portugal decriminalized all drugs, including marijuana, in 2000.

Gorani’s statement came during the Knesset’s Special Committee on Drug and Alcohol Abuse. “We believe that, as a result of developments in the world, the main problem of using cannabis is social and medical, while the criminal matter is only tangential,” he said.

Israel has some of the most liberal medical marijuana laws in the world, and certainly in the Middle East. Recreational cannabis is illegal, but Israel has a wide-ranging medical program, and pharmacies will be selling the drug in the next few months. About 27,000 Israelis are medical marijuana patients, and use medical marijuana to ease their maladies.

Gorani was not the only person present at the special committee hearing to express support for decriminalizing weed. Tamar Zandberg, chairman of the special committee, said: “Israel is advancing toward a new era, and it seems that legalization of marijuana is just a matter of time.” But not every member of the Knesset, Israel’s legislative body, is in favor of legalizing marijuana.

Oren Hazan, a member of the Likud Party, Prime Minister Benjamin Netanyahu’s party, said it is “absurd for a committee that is supposed to fight drug addiction to encourage the use of a drug that will mess up young people’s heads and destroy the Israel Defense Forces.” And Health Minister Ya’acov Litzman, while proposing a bill earlier this year that widened the scope of Israel’s medical marijuana program, has been opposed to legalizing it for recreational use.

There have been a number of bills that have been proposed legalizing small amounts of marijuana, but all have been struck down. Monday was the first time Israel’s drug enforcement body recommended decriminalizing marijuana. But as the top cabinet members, including Litzman and Minister of Public Security Gilad Erdan oppose IADA’s recommendation, decriminalization could still be a ways off.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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On Monday, Massachusetts Secretary of State William Galvin signaled that his state’s recently passed recreational marijuana legalization ballot measure, Question 4, could miss its targeted implementation date of December 15. Massachusetts, and seven other states, passed some form of marijuana legalization measures on Election Day, with Bay State voters overwhelmingly in support of a recreational marijuana legalization framework.

The eight-member Governor’s Council needs to sign off on the ballot measure, which 1.7 million people (54 percent) voted for, before it can be implemented. Galvin said he expects the council’s votes to be tallied on December 14, and said it’s a “50-50 proposition” that the law will go into effect, meaning Massachusetts citizens 21 and over can legally possess and use small amounts of pot. Stores will be allowed to start selling marijuana on January 1, 2018, though that date might also get pushed back.

“All those tokers can hold their breath a little longer, but they’ll be able to exhale,” Galvin said, adding that if it’s not passed in two weeks, it will be at the beginning of next year. He said a later than usual election, and the results not being a lock until November 18 were the primary reasons for the potential delay. Confirming the presidential election results are his number one priority, he said, and the work put into that takes precedence over the marijuana measure. “No one is trying to delay the marijuana question deliberately,” he added. “It’s just the presidency of the United States is more important than legalizing marijuana.”

Michael Albano, one of the eight members of the Governor’s Council, told The Boston Globe that he would be surprised if the passed ballot measure does not go into effect on the targeted date. “We meet every week so if it’s not ready on the 30th, we’ll be there on December 7th, 14th, 21st, and 28th,” he said. Home cultivation–of up to 12 marijuana plants–is also expected to start on December 15, though that too would be pushed back if the council delays the implementation.

Will Luzier, a lawyer and prominent backer of Question 4, told the Globe he is surprised that there could be a delay, saying: “I would hope that the secretary of state errs on the positive side of that 50-50, and that he and the Governor’s Council would be able to certify given the deadline date.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Days after eight states voted to legalize marijuana in some form or to expand existing laws, President-elect Donald Trump picked Sen. Jeff Sessions, a vocal critic of legalization, to head the Justice Department as the new attorney general. With the disparate marijuana laws between the federal government and states, marijuana and criminal justice advocacy groups, not to mention users and regulated sellers, are expressing concerns about how the Trump Administration would affect the state-level legal market.

During a Senate hearing in April, Sessions offered a glimpse of his views on marijuana, attitudes that might shape his approach as attorney general. “We need grown-ups in Washington to say marijuana is not the kind of thing that ought to be legalized, it ought not to be minimized, that it is in fact a very real danger,” he said. He added that marijuana “is dangerous, you cannot play with it, it is not funny,” and “good people don’t smoke marijuana.”

As attorney general, Sessions would oversee federal prosecutors as well as the Drug Enforcement Administration. It’s unclear how he would enforce the federal ban at the state level, if he would at all, but it’s the ambiguity and the unknown, with a noted marijuana critic at the helm, that is worrying to advocacy groups and other actors in states where the industry is regulated. 

Trump, who has expressed his support for states’ rights to legalize pot, would have the ability to block any crackdowns administered by Sessions. But another unknown is how hands-on Trump will be with the Justice Department, especially concerning marijuana law. John Hudak, a marijuana policy expert with the Brookings Institution, spoke with The New York Times recently about what Sessions would have the reign to do. He said:

As attorney general, Sessions would have the ability to rescind two Justice Department directives–known as the Cole and Ogden memos–that called for stepping back from marijuana prosecutions. He could also use federal law enforcement power against operators and sue state regulators to block state systems.

As it currently stands, marijuana is designated a Schedule I drug under the Controlled Substances Act, and is illegal at the federal level. Twenty-nine states and the District of Columbia have legalized weed in some form, however, and the majority of Americans, around 60 percent, live in one of these places. How Trump might deal with reconciling federal and state marijuana laws, and how his newly appointed attorney general might steer the Justice Department in such matters, is an open question that will take at least a few months to answer.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Walk around some pet stores in the U.S., and you might stumble upon a deceiving product: wishbone-shaped treats, that look like any other dog treat, but are made with CBD, the non-psychoactive cannabinoid in the cannabis plant. No, adding the treat to your puppy’s Iams or your kitty’s Meow Mix won’t have them watching Planet Earth while debating the answers of the multiverse, but it might help relieve their anxiety, or other physical ailments like inflammation and pain. As more states legalize medical or recreational marijuana, pet owners are increasingly turning to pot-for-pet edibles to alleviate their furry friends’ maladies and discomforts.

Some pet stores and dispensaries in states where recreational or medical marijuana is legal offer pot-based products for pets; not just for dogs and cats, but pigs, horses, and other small mammals as well. Pet edibles come in different forms, and are made with different ingredients. Some only contain CBD, which lacks the psychoactive effects of THC, an ingredient that is dangerous for animals to consume. Others contain traces of both CBD and THC, and can only be administered if the owner obtains a medical marijuana license in a state where medical marijuana is permitted.

Regulators have not approved these products, and the federal classification of marijuana as an illegal substance has some stores and owners reluctant to sell or buy pot-based pet treats. And while there is no scientific, data-based evidence for the positive effects of pot on pets, there are plenty of anecdotes that are enough to have some buyers reaching for cannabis’ curative properties.

Some products have found ways around federal and state laws to allow people to purchase pot-based pet treats and oils even without a medical marijuana license. Hemp, which is increasingly being legally cultivated in at least 30 states, is sometimes used. Products made with hemp, which contains less THC than marijuana, do not require medical marijuana licenses for purchase.

Unfortunately, some statistics also show that since marijuana legalization, there has been an uptick in pets getting ill from unwittingly sneaking edibles from their owner. From 2012 to 2015 the Pet Poison Helpline saw a fourfold increase in calls from people whose pets became intoxicated with marijuana. In 2014, the American Society for the Prevention of Cruelty to Animals received over 200 more calls related to pets poisoned by cannabis than in 2013.

At least one state has tried to pass a law allowing veterinarians to prescribe marijuana to people’s pets. A law in Nevada that would allow vets to administer medical licenses to pets was struck down in 2015. So while the dream of getting high with your dog is potentially dangerous and should largely remain a dream, the market for animal edibles is one that will probably continue to grow.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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The Mile-High City is on the cusp of reaching another milestone in its legal marijuana framework, as Denver voters appear to have voted to approve a measure that would allow pot consumption in approved public spaces. A week after Election Day, 53 percent of counted ballots support Initiative 300. Over 30,000 ballots still need to be counted, but The Denver Post said it would take a “supermajority” of opposition votes to keep the measure from passing.

Initiative 300 would “permit a business or a person with evidence of support of an eligible neighborhood association or business improvement district to allow the consumption of marijuana (“cannabis”) in a designated consumption area,” such as a bar or cafe. The four-year pilot program would stipulate that “consumption areas” would require the backing of neighborhood groups or a business improvement district, which would also draft the conditions the bar, cafe, or other space must operate under.

“We are truly grateful to the people of Denver for approving this sensible measure to allow social cannabis use in the city,” Kayvan Khalatbari, the leader of an Initiative 300-backing group said in a statement. “This is a victory for cannabis consumers who, like alcohol consumers, simply want the option to enjoy cannabis in social settings.”

Since Colorado legalized recreational marijuana in 2012, and the first state-licensed shops opened in early 2014, consumers have dealt with a hampering paradox. People 21 and over could purchase and possess pot in public, but could only smoke or consume it in their private residences, with the approval of a landowner. Proponents hope the measure will open a door for Denver residents and tourists to smoke pot or eat edibles in public without persecution. Currently, the only places outside of private dwellings that allow cannabis consumption are private cannabis clubs. Those are few in number and very exclusive.

Not everyone is on board with widening the scope of Denver’s weed legislation. In an editorial for The Denver Post in October, Rachel O’Bryan, campaign manager for Protect Denver’s Atmosphere: Vote No on 300, wrote: “Initiative 300 won’t end public marijuana smoking. Rather, it will spread the problem to all parts of Denver by permitting outdoor marijuana smoking on patios and rooftops of potentially any business. This is simply too much.”

Over 160,000 Denver residents disagree, and as final ballots are counted, it seems like Colorado’s largest city will continue to pave the way for marijuana legalization in the U.S.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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All eyes were on the results of the presidential election on Tuesday night, and rightfully so. But America is changing in other ways, chief among which is the widening acceptance of marijuana. Nine states voted on ballot measures to legalize marijuana either recreationally or medically. See how the four states with medical measures on their ballots voted below.

Arkansas

Courtesy of J. Stephen Conn; License (CC BY-NC 2.0)

Results: Passed

Issue 6 will legalize medical marijuana for 17 qualifying conditions. It will also designate money made from pot taxes to technical institutes, vocational schools, workforce training, and the General Fund. An additional measure, Issue 7, was stricken from the ballot by the Arkansas Supreme Court on October 27.

Analysis: Medical marijuana in Arkansas garnered enough support over the past four years to shift a majority of the state from rejecting it in 2012 to supporting it in 2016. Issue 6 passed with 53 percent of the vote on Tuesday night, bringing another medical marijuana program–along with Louisiana and Florida–to the South.

“When you have a red state doing a progressive issue, it gives people in the U.S. Congress the color — for lack of a better word — to allow reform at the national level,” said David Couch, the lawyer who sponsored Issue 6.

For more information on marijuana legalization state by state, click here for “The State of Weed.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Election Results: How Did States Vote on Medical Marijuana? appeared first on Law Street.

While people anxiously awaited the results of the 2016 presidential election, Marijuana legalization–one of the nation’s top categories of ballot measures–had a strong and decisive night. Four states joined Alaska, Colorado, Oregon, Washington, and the District of Columbia in legalizing recreational marijuana for adults 21 years and older. Find out how America voted below!

Arizona

“Arizona” courtesy of Gordon Wrigley; License: (CC BY 2.0)

Results: Rejected

Proposition 205 would have legalized recreational marijuana for those over 21. It would have also created a 15 percent sales tax on marijuana that would be distributed to public health and education services.

Analysis: Arizona rejected Prop 205 with 52 percent voting against the measure and 48 percent voting in favor, as of Wednesday morning with 98 percent of the votes reported.

Opponents took issues with the measure’s caveat that would have created a monopoly on the marijuana industry in Arizona. Others argued that the legalization would increase drug trafficking and cause an increase in teen use and deadly car crashes tied to marijuana.

For more information on marijuana legalization state by state, click here for “The State of Weed.”

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Election Results: How Did States Vote on Recreational Marijuana? appeared first on Law Street.

Happy Monday Law Streeters! It’s the day before the presidential election, and we have a roundup of some of the top political stories you may have missed last week. Sitting at the top spot was “The State of Weed,” the Cannabis in America team’s comprehensive analysis of marijuana legalization state by state. It was followed by Melania Trump’s speaking out against cyberbullying, and Donald Trump’s child rape accuser canceling her first public appearance. ICYMI–check out the top stories from Law Street below.

1. The State of Weed: Marijuana Legalization State by State

In recent decades, marijuana legalization has continuously evolved in the United States, as opposition against the drug continues to wane amidst new research on the drug’s effects and criticism of the U.S.’s handling of the “War on Drugs.” The following slide show contains information on each states’ marijuana laws in regards to possessing, selling, and cultivating weed, although please note that this is intended as a basic resource and does not include the entirety of provisions in any given state. This is the “State of Weed.” Read the full article here.

2. Melania Trump Wants to Fight Cyberbullying, but Forgot Who She Married

Melania Trump gave a rare speech in Pennsylvania on Thursday, in which she expressed her concerns about people being mean on the internet, causing many to ask: does she even know her husband? Read the full article here.

3. Donald Trump’s Child Rape Accuser Cancels Public Appearance

A woman who filed a lawsuit against Donald Trump for allegedly raping her as a child, pulled out of a press conference where she was expected to reveal her identity moments before it began. The accuser, known by the pseudonym Jane Doe, was expected to reveal her identity before media outlets in her lawyer’s Los Angeles office on Wednesday. Her attorney, Lisa Bloom, cancelled the event due to fears surrounding her client’s safety–citing death threats. Read the full article here.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Marijuana legalization is set to be one of the biggest ballot measure topics to watch in this election, as nine states are ready to vote on legalizing recreational or medical marijuana in less than a week. In California, a host of artists, including Pusha T, have rallied to show support for Prop 64, which could legalize the recreational use of marijuana for adults aged 21 years or older.

Pusha T filmed a PSA Tuesday announcing his support for the proposition, claiming “[legalizing weed] is an important step in ending mass incarceration across the country.”

The rapper, who doubles as president of Kanye West’s G.O.O.D. Music record label, considers marijuana arrests to be the driving force behind the antiquated War on Drugs and a top reason for recidivism, or relapse, in the nation’s justice system.

Watch Pusha T’s PSA Supporting Prop 64

Pusha T joins actress Shailene Woodley, music mogul Jay Z, rapper and actor Common, comedian Sarah Silverman, and many others in supporting the measure as part of the celebrity coalition Artists for 64.

“I’m not a California voter, but I know when good legislation passes in the biggest state, other states follow,” said Pusha T. “That’s an important step in ending mass incarceration around the country.”

The topic of mass incarceration appears to be of great importance to the rapper, who recently spoke about its rates and the rights of ex-felons with Stephen Colbert, after campaigning in Florida for Hillary Clinton with vice presidential candidate Tim Kaine.

Prop 64 would also create two new taxes, according to Ballotpedia. That revenue would be “spent on drug research, treatment, and enforcement, health and safety grants addressing marijuana, youth programs, and preventing environmental damage resulting from illegal marijuana production.”

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Pusha T Joins Coalition of Artists Voting “Yes” on California’s Prop 64 appeared first on Law Street.

The Boston Archdiocese gave an $850,000 donation toward the fight against legalizing marijuana in Massachusetts last Friday. On November 8, voters will weigh in on a ballot measure called Question 4, a proposal that would create a legal framework for recreational marijuana in the state. Massachusetts is one of nine states scheduled to vote on measures legalizing weed in some form, either medically or recreationally.

A spokesman for the archdiocese, Terry Donilon, said the chunk of change “reflects the fact that the archdiocese holds this matter as among the highest priorities,” along with social services like food pantries, health clinics, counseling programs, addiction treatment, housing assistance, and support for immigrants. The donation increased opposition funding by 40 percent, though it does not constitute the largest single donation to date. That honor goes to the billionaire casino magnate Sheldon Adelson, who handed over $1 million to the opposition effort a few weeks ago.

Cardinal Sean O’Malley, a close friend of Pope Francis and the leader of the Boston Archdiocese, has repeatedly voiced his opposition to legalizing weed in the Bay State, saying pot “causes people to have problems with memory, problems with reasoning, and other health problems.” He also believes cannabis can be a gateway to more destructive drugs, saying people are “looking for a higher high, so they’ll go onto heroin or cocaine or some other drug that’s even more dangerous.” Many scientists say there is simply not enough evidence to support whether or not marijuana is a gateway drug.

Perhaps it comes as no surprise that the Catholic Church is opposing legalizing recreational marijuana. But what is unusual here is the extracurricular act of donating money to the opposition effort. According to The Atlantic, the Boston Archdiocese lost $20.5 million in operating income from 2014 to 2015. Donilon told The Atlantic that the $850,000 did not come from donations, but rather a “central ministry” fund.

O’Malley is not the only prominent public figure in Boston to oppose the ballot measure. Gov. Charlie Baker (R-MA), Attorney General Maura Healey, and Boston Mayor Martin Walsh wrote an op-ed in March for the Boston Globe, saying “marijuana is not safe.” They continued: “Regular use that starts in adolescence has been shown to impair brain development, shrink school and career outcomes, and even lower IQ.”  

But the latest polls suggest that voters will pass the measure on November 8 anyway. According to a recent Suffolk University/Boston Globe poll, 48.8 percent of respondents said they would vote to legalize recreational marijuana; 42.4 percent said they would not, and 7.8 percent said they were undecided.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Boston Archdiocese Donates $850,000 to Fight Weed Measure appeared first on Law Street.

Nine states will be voting on marijuana legalization measures in some form next week–either recreational or medical–in what some pot advocates see as a tipping point in the federal classification of the drug. One key facet of state-level legalization that is seriously affected by the federal ban on marijuana is the banking sector. Because cannabis is illegal at the federal level, banks are hesitant to work with dispensaries, even in states where marijuana is entirely legal.

The U.S. Justice Department issued a new set of guidelines for banks in dealing with legal dispensaries in February 2014, saying banks and credit unions doing business with state-licensed businesses (in states where marijuana is legal, of course), would not be prosecuted, irrespective of the federal standing. Since the new practices were instituted, banks and unions working with marijuana businesses jumped from 51 to 301, as of April 2016.

But banks still hesitate to open accounts or issue credit for legal pot businesses, leaving many to operate in cash only. That can lead to some obvious obstacles. For instance, there have been 200 recorded robberies at marijuana dispensaries in Denver since Colorado fully implemented its marijuana legalization measure in 2014. New businesses looking to cut into the legal market struggle to find banks willing to lend them money. And some pot proprietors resort to filing their credit card charges under false pretenses, such as “spa service.”

Twenty-five states (and the District of Columbia) have legalized marijuana in some form: medically, recreationally, or both. Five states, including California, a state with an already huge medical pot market, will be voting on recreational weed ballot measures on Election Day.

One California union, the Community Credit Union of Southern Humboldt, stopped issuing accounts to pot-related businesses because of the uncertainty, and the responsibility of having to ensure a marijuana client is legal and following all regulations and protocols. “We’re not being asked to go over to the gun dealer and ask them if they’re making appropriate background checks,” she told Reuters.

One credit union in Colorado, Partner Colorado Credit Union, is a model for banks who are willing to risk breaking federal law while adhering to state laws. For one, the union takes up to three weeks to vet any potential clients. Once a working relationship is established, the union uses armored trucks to transport cash from the dispensary to the Denver branch of the Federal Reserve Bank. “Our program is designed with eyes on the business, eyes on the owner, eyes on the money,” the union’s Chief Executive Sundie Seefried told Reuters.

Such scrupulous steps would hardly be necessary if federal and state governments could get on the same page on this issue. Next week’s results could lead to a step in that direction.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Cash Only: Why are Banks Hesitant to Work with Legal Pot Businesses? appeared first on Law Street.

**Last Updated February 3, 2017 **

In recent decades, marijuana legalization has continuously evolved in the United States, as opposition against the drug continues to wane amidst new research on the drug’s effects and criticism of the U.S.’s handling of the “War on Drugs.” Four states and the District of Columbia have legalized marijuana for recreational use, and 25 total states have legalized marijuana for medical use.

In November, a total of nine states voted on marijuana legalization. California, Maine, Massachusetts, and Nevada all voted to legalize recreational marijuana. Arizona voters shot down their legal pot ballot measure. In addition, Florida, Arkansas, and North Dakota voted to legalize marijuana for medical purposes, while Montana voters chose to expand the parameters of their existing medical marijuana program.

The map below displays each state’s current marijuana legalization status, from illegal to full legalized recreational use, as of February 3, 2017.

The State of Weed Map

According to Gallup polls, one in eight U.S. adults say they smoke marijuana and 58 percent of Americans believe marijuana should be legal in the U.S. As cannabis initiatives continue to find traction and make their way onto ballots, understanding the intricacies of each state’s marijuana laws will become increasingly important.

Patients who use medical marijuana will need to know things like whether or not they can travel with the drug and use it in other states, and in cities where the drug is decriminalized mere fractions of an ounce could make the difference between low fines or substantial jail time. The following slide show contains information on each states’ marijuana laws in regards to possessing, selling, and cultivating weed, although please note that this is intended as a basic resource and does not include the entirety of provisions in any given state. This is the “State of Weed.”

Go Directly to Your State:

AL | AK | AZ | AR | CA | CO | CT | DE | DC | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WI | WY

Alabama

Image Courtesy of [Tom Woodward via Flickr]

Possession: Possessing any amount of marijuana for personal use is a misdemeanor offense and carries one year in prison and up to a $6,000 fine. Possessing marijuana for anything other than personal use is an automatic felony that carries one to 10 years in prison and possible fines up to $15,000.

Sale: Any amount is an automatic felony carrying between two to 20 years in prison and up to a $30,000 fine. Sales by an adult to a minor carry 10 years to life imprisonment and up to a $60,000 fine.

Exceptions: Medical cannabidiol or CBD, a cannabis extract high in CBD and low in THC, is legal for patients with debilitating epileptic conditions and a few other approved conditions.

Research and analysis conducted by Law Street’s Cannabis in America Team: Alexis Evans, Alec Siegel, Anneliese Mahoney, and Kevin Rizzo.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post The State of Weed: Marijuana Legalization State by State appeared first on Law Street.

Edible marijuana has a bit of a bad reputation. Take too little and expect to ask yourself “is anything happening?” about a thousand times for the next several hours, but take too much and well….you’ll be high as a kite. Relax, you likely won’t die; however, increased heart rate, paranoia, and  nausea are all possible side effects of “greening out.”

Hoping to help end some of the stigma surrounding baked goods like “pot brownies,” edible producers have begun to take the guess work out of  marijuana edibles with microdosing.

Microdosing aims to get people high–but not too high–by lowering the dose of THC, the psychoactive ingredient in marijuana, to small amounts typically ranging between 5 and 10 milligrams. The practice doesn’t just apply to baked goods. Aside from brownie bites, these marijuana-infused products also include chocolates, bottled water, and even barbecue sauce.

Seattle edibles producer Spot is one of the companies taking advantage of the trend in hopes of carving out a chunk of the $5.4 billion legal industry. Co-founder Tim Moxey claims his company’s five milligram indica brownie bites are the “right level to be at,” and  aren’t “going to make you lose control.”

“No one is going to get weirded out at five milligrams,” Moxey explained. “That’s why these products are selling so quickly.”

What often sets these microdosed products apart, is the clear labeling. In fact, only 17 percent of marijuana products have been found to be labeled properly. This can be especially problematic when, say, a marijuana-infused candy bar is meant to be split into 16 pieces instead of munched on, as Maureen Dowd famously found out.

Microdosing isn’t for everyone. The subtle “mood enhancing” dose is geared more toward novice pot users, or consumers looking for a more casual experience.

“It’s that person looking for a glass of wine or beer in the evening [type] experience,” said Kristi Knoblich, chief operating officer and cofounder of pot-infused chocolates company Kiva Confections.. “We’re looking for that person who isn’t looking to get blasted.”

As states continue to pass recreational and medical marijuana measures, more Americans will find themselves exposed to this growing marijuana market. If retailers continue to ensure edible users’ experiences go a little smoother, then these mini edibles very well may just be the future.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Mini Edibles are the Future of Pot appeared first on Law Street.

Medical marijuana officially became legal in the state of Ohio today, making Ohio the 25th state to legalize medicinal pot. However, confusing rules and a slow implementation schedule could mean patients may have to wait between one to two years before they can get their hands on it.

As of September 8, Marijuana will be legal for approved patients to consume in the form of edibles, patches, tinctures, oils, and vapors. Smoking is still prohibited.

Governor John Kasich signed the bill into law earlier this year as part of the Ohio Medical Marijuana Control Program. The move came after voters failed to pass the previous year a constitutional amendment proposed by ResponsibleOhio on the statewide ballot that would have made both medical and recreational marijuana legal in the state, as well as granted exclusive growing rights to the 10 investor groups backing the backing the campaign.

What are the Problems?

While the program may be legal now, there currently are a long list of set backs and challenges that will make it incredibly difficult for patients to take advantage of the program.

Problem 1: Recommendations

Qualifying Ohioans will be required to obtain a recommendation for medical marijuana, but the federal government prohibits doctors from being able to prescribe marijuana. Therefore, patients will need to get recommendations from a certified physician instead–but currently there are no physicians certified.

“Doctors really are in limbo,” said Reginald Fields, a spokesman for the Ohio State Medical Association, to the Associated Press. “There’s a little confusion out there, so we’re essentially asking physicians to stand by until some of these issues are clarified and we can assure they’re acting on the right side of the law.”

Problem 2: Dispensaries

Another problem is figuring out from where the patients will obtain marijuana. Under the Ohio law, patients will be able to purchase the drug from licensed dispensaries, but it could be years before cultivators, dispensaries, and testing laboratories are up and running.

Problem 3: Legal Limbo

Due to clashes with federal law, banks are unable to handle money made from marijuana-related businesses, and lawyers are caught up in an ethical battle on whether or not to handle marijuana cases, which violate federal law. Then there’s also the question of what rights qualifying Ohioans will have when it comes to transporting their drugs, as well their ability to consume them in other states.

All of these problems will make it hard for Ohioans to gain access to the drug. Even so, the state is making an effort to move forward with the program. It has been given 30 days from Thursday to appoint members to the Medical Marijuana Advisory Committee, which will help develop regulations and make recommendations for putting a medical marijuana system in place.

The program is required to be fully operational no later than September 2018.

Qualifying medical conditions for the program include: AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is either chronic and severe or intractable, Parkinson’s disease, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury, and ulcerative colitis.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Medical Marijuana is Legal in Ohio, But Patients Will Be Waiting to Obtain it appeared first on Law Street.

Maryland officials announced the recipients of preliminary licenses to grow and process medical marijuana Monday, two years after then-Governor Martin O’Malley passed Maryland’s first workable medical marijuana law. The licenses are expected to be extremely lucrative in the state based on the limited number of businesses that can participate in the industry, as well as the few restrictions on who can buy the drug.

The Natalie M. LaPrade Medical Cannabis Commission was placed in charge of the selection process,  choosing 15 growers and 15 processors out of the more than 1,000 overall applicants.

According to Baltimore ABC affiliate, the selections for grower entities and locations are:

• Curio Cultivation LLC – Baltimore County
• Doctors Orders Maryland LLC – Dorchester County
• Forward Gro LLC – Anne Arundel County
• Freestate Wellness LLC – Howard County
• Green Leaf Medical LLC – Frederick County
• Grow West MD LLC – Garrett County
• Harvest of Maryland LLC – Washington County
• HMS Health LLC – Frederick County
• Holistic Industries LLC – Prince George’s County
• Kind Therapeutics USA LLC – Washington County
• Maryland Compassionate Care and Wellness LLC – Carroll County
• MaryMed LLC – Dorchester County
• Shore Natural Rx LLC – Worcester County
• SunMed Growers LLC – Cecil County
• Temescal Wellness of MD LLC – Baltimore City

The processor entities and locations are:

• AFS Maryland LLC – Wicomico County
• Blair Wellness Center LLC – Worcester County
• Chesapeake Alternatives LLC – Queen Anne’s County
• Curio Manufacturing LLC – Baltimore County
• Doctors Orders Maryland LLC – Dorchester County
• FGM Processing LLC – Charles County
• Holistic Industries LLC – Prince George’s County
• Kind Therapeutics USA LLC – Washington County
• Maryland Compassionate Care and Wellness – Carroll County
• MaryMed LLC – Dorchester County
• Pharmaculture Corporation – Alleghany County
• Pro Green Medical LLC – Frederick County
• Rosebud Organics LLC – Montgomery County
• Seven Points Agro-Therapeutics LLC – Prince George’s County
• Temescal Wellness of MD – Baltimore City

The top applicants were selected on August 5; however, the commission waited more than a week to release the names to the public. Some of the names on the list include companies with ties to politicians and law enforcement, as well as growers from other states including Colorado, New York, and Illinois.

The number of growers and processors was capped at 15 each due to a stipulation in Maryland’s medical marijuana law, but some applicants received licenses in both categories. Aside from the 30 winners, the panel also chose five applicants to be alternates in each category, in case any of the top 15 fail to be licensed after another round of inspections, reviews, and background checks.

In total, the commission received 145 grower applications and 124 processor applications. According to the Baltimore Sun, 800 applicants also applied for 94 dispensary licenses to sell the legalized cannabis product; however, medical cannabis won’t be available for purchase in dispensaries until 2017.

Patients suffering from medical conditions that cause severe or chronic pain, nausea, seizures, severe muscle spasms, and severe appetite loss, as well as people with glaucoma or post-traumatic stress disorder will have access to the medical marijuana cards once the program takes off. In the meantime, marijuana advocates frustrated with Maryland’s slower than average implementation of the law will have to wait just a little longer before they see the changes in full effect.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Preliminary Licenses to Grow and Process Marijuana Named in Maryland appeared first on Law Street.

Californians will have the opportunity to vote to legalize recreational marijuana in November now that the proposed ballot measure officially meets the state’s signature requirement. California was the first state in the country to legalize medical use of the drug in 1996. If Californians vote to allow recreational use it could have a big impact on the rest of the country, considering the size of the state and the existing momentum behind legalization.

Six years ago, Californians voted against Proposition 19, a similar initiative that would have made California the first state to legalize recreation marijuana use. But since then, more states have opened up to marijuana use and California recently enacted new rules to regulate medicinal marijuana. This time around, the campaign to legalize has several prominent backers such as Lt. Gov. Gavin Newsom, billionaire Sean Parker, the California Democratic Party, and the California Medical Association.

To put the issue on the November ballot, pro-Marijuana groups needed over 365,000 signatures, but the campaign collected over 606,000.

Dr. Jill Stein, the Green Party’s presidential candidate, voiced her support for the measure on Twitter:

https://twitter.com/DrJillStein/status/748202943170682884

What Would This Mean?

If the Adult Use of Marijuana Act is passed, it would basically mean that anyone over 21 would be allowed to buy, use, and possess up to one ounce of marijuana and grow up to six plants.

It would also entail huge savings for the state considering all the marijuana related offenses and incarceration of users that no longer would have to be enforced. The savings could be as big as over $100 million per year according to a statement from California Secretary of State Alex Padilla.

Jason Kinney, a spokesperson for the campaign behind the Adult Use of Marijuana Act, said in a statement:

Today marks a fresh start for California, as we prepare to replace the costly, harmful and ineffective system of prohibition with a safe, legal and responsible adult-use marijuana system that gets it right and completely pays for itself.

The anti-Marijuana bloc consists of the California Republican Party and representatives from police and hospitals. Opponents argue that legalization would not change the black market or criminal activity, such as driving under the influence.

But if the ballot measure passes, marijuana businesses would have to be 600 feet away from any school. Related advertising would not be allowed to target kids and marijuana products could not be easily confused with candy or other products that to not contain the dr.

The ballot measure currently has a broad base of support. A recent poll conducted by the Public Policy Institute of California found that 60 percent of California voters favor of legalization.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Californians to Vote on Recreational Marijuana in November appeared first on Law Street.

It is a foregone conclusion, less a question of if than when: marijuana will be legalized for recreational use across all 50 states. Three states–Washington, Colorado, and Oregon–have already done so. Medical marijuana is legal in 25 states and the District of Columbia. This fall, five states–including California, a heavily populated pot playground–will vote on measures to legalize the long demonized plant.

Marijuana is less stigmatized in popular culture and society than ever before. Studies of weed–though stymied due to federal classification of marijuana as a Schedule I drug, reserved for the most dangerous substances–have largely hinted at its curative properties. Weed is inevitably headed toward a legal, taxed, regulated market in the vein of tobacco and alcohol. What effects could that have on consumers? What dangers could it cause? How will consumers benefit from marijuana shifting from an unchecked black market to one that is legal and perhaps beholden to powerful interests? Law Street investigates:

The State-Level Model

In a 1932 case, Supreme Court Justice Louis Brandeis famously called states the “laboratories of democracy.” And so far, in the twilight years of marijuana legalization, states are the testing grounds for setting standards and establishing norms. Colorado and Washington were the first states to fully legalize recreational marijuana in 2012. Oregon passed a similar measure last fall. At the Brookings Institute in Washington D.C. last week, the authors of a paper on how special interest groups will shape the legal marijuana landscape presented their findings. They concluded, “the emerging model of state-level regulation provides valuable insulation against interest-group depredations.”

Philip Wallach, a senior fellow at Brookings and co-author of the paper, believes states can act as a bulwark against the potentially self-serving, damaging motivations of special interest groups, and sort through what works and what does not. During a panel discussion that followed the presentation of his paper, Wallach ticked off the benefits of a state-level model versus a federal one. A state model would “[offer] room for experimentation, limit the stakes of any misstep, and spread out the resources of interest groups, preventing them from concentrating their firepower,” he said. Decentralization, according to Wallach and his colleague Jonathan Rauch, co-author of the paper and moderator of last week’s panel, would make for a healthier and more robust legal marijuana market.

But Kathleen Frydl, a history professor at the University of California, Berkeley and author of “The Drug Wars in America, 1940-1973,” questions the ability of the state-level model to act as a decentralizing mechanism. She worries the best practices formed within states would be co-opted by interest groups regardless. Frydl argues that these groups might “then promote those best practices, or what they see as best practices, and the other states kind of fall as dominoes,” without taking statewide “indigenous concerns” into account. Interest groups would be, in effect, “ordering from a legislative menu.”

A member on one of two panels at Brookings last week and a “full-throated advocate” of legalizing marijuana, Frydl also expressed concern over the lack of watchdogs at the state level. But, she conceded, “state taxation is the principle way in which states can regulate marijuana” and regulation is “best maintained by a variety of state experiences.”

Misregulation vs. Overregulation

For Andrew Freedman, the last few years have been a “regulatory honeymoon period.” Freedman is the Director of Marijuana Coordination in Colorado, a role that did not exist until a few years ago. As the “marijuana czar” of the first state to legalize pot, Freedman has dealt firsthand with the trial and error regulatory process of marijuana legalization. He participated in both panels last week and provided insight into how easy it was for Colorado to pass new legislation to shape the rules of its growing marijuana market.

Good regulations are key to a thriving legal marijuana market, he said, but the challenge is “how to draw the line between what is overregulation and what’s running as fast as possible, as smart as possible to create a good guideline later on.” Since Colorado legalized recreational marijuana in 2012, the trailblazing state has tweaked rules and amended the initial legislation in an effort to find a regulatory sweet spot.

Originally, tourists in Colorado were only allowed to purchase seven grams of weed while residents could buy up to 28 grams. Now, both tourists and residents can purchase up to 28 grams. And after a number of incidents involving edibles and children, Colorado is lowering the concentration of THC–the compound in marijuana that has psychological effects–allowed in edibles sold for purchase. That measure will go into effect in October.

But Freedman understands the freedom to adjust and establish new norms will likely be short lived. In five years, as a legal framework is established and interest groups consolidate, he sees pushing new regulations as “day to day battles versus big pieces being moved.” A consolidated marijuana industry with increased regulations would create obstacles for new entrants and more hurdles for existing businesses. But according to Alexander Tabarrok, professor of economics at George Mason University and a member of last week’s panel,  stifling regulatory measures and barriers to entry could be a good thing for the marijuana industry. “Capitalism plus an addictive drug—is this really the best combination?” he said, “maybe sometimes efficiency is not the best thing, maybe innovation in all things is not always good.”

Big Marijuana

Like the tobacco and alcohol industries before it, some experts say the marijuana industry is headed down a road of narrow interest groups and concentrated power. Big Marijuana: where rules of the road are set by only a handful of national actors. In their new paper, Wallach and Rauch conclude: “Over time, multiple interests will coalesce and colonize the regulatory process.” But Big Marijuana does not have to be an inherent evil, said John Hudak, who also presented a paper at the Brookings event. “This idea that big is always bad is wrong, and that differently sized is good is also wrong.”

Big Marijuana has its advantages, he said. Powerful actors have more to lose, and thus more incentive to play by the rules. They also have a reputation to uphold, since consumers buy into their brands and care about their actions, forcing them to act with the public’s spending power in mind. Hudak, who wrote a book called “Marijuana: A Short History,” said that big firms will also have the advantage of pairing business acumen with marijuana know-how. “Not every marijuana grower should run a business, and not every businessman should be growing marijuana,” he said.

That business acumen could come with costs, however. Freedman is concerned that as national marijuana brands accrue capital and influence, they will follow in the footsteps of tobacco and alcohol brands that market to underage users and exploit people with abuse problems. “Those who have access to capital know how to do that in a much better way than those who don’t have capital,” Freedman said. He wasn’t the only panelist who expressed caution at the exploitative potential of powerful marijuana companies. Jeff Zinsmeister, vice president of Smart Approaches to Marijuana, opposes legalizing weed because legalization would “inevitably push marijuana into a model that is constantly going to be pushing the limits when it comes to targeting children and heavy users.”

Whatever forces end up governing the legalized marijuana market–a handful of powerful brands and interest groups; a smattering of smaller, statewide actors; or something else entirely–there will be a time in the not so distant future where the entire country recognizes the drug as a legal substance. And like tobacco and alcohol before it, marijuana will pose difficult questions for society, government, and industry to answer.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Once Marijuana Is Legal, Who Sets the Rules? appeared first on Law Street.

Tomorrow eyes all over the country will be watching Ohio to see if voters vote in favor of Issue 3, an amendment to the state’s constitution that would make smoking and eating marijuana edibles legal in the state for everyone 21 and older, and for patients of any age with qualifying medical conditions. If it’s approved, Ohio will become the first state to legalize marijuana for recreational use without first legalizing it only for medicinal use.

However, the state’s odd legalization plan has some serious drawbacks that have some pro-pot voters vowing to vote against legalizing their drug of choice. So before the votes are cast, here are some reasons why residents should feel conflicted over the upcoming vote.

1.) It could be the beginning of a marijuana oligopoly

This marijuana campaign is highly unusual, because it is the first of its kind to be almost entirely funded by the “investors,” who will profit from it. Modeled after Ohio’s restrictive casino measure, Issue 3 would restrict commercial rights to grow marijuana to the 10 investment facilities owned by major investors who spent millions to back the initiative. This feature would effectively create an oligopoly in the state, where only a few major players reap the production rewards.

According to Issue 3’s website, 1,100 business licenses will be available to the public, but only for retail, dispensary, and manufacturing purposes.

2.) Issue 2 hopes to undercut Issue 3

The General Assembly proposed Issue 2 or the “antimonopoly amendment” in an attempt to thwart Issue’s 3’s restrictive growth clauses. According to the Columbus Dispatch, Issue 2 “would prohibit a monopoly, oligopoly or cartel from getting on the statewide ballot without having to pass two public votes at the same election.”

The problem is the legislators who framed Issue 2 made it so that it would undermine all of Issue 3, and not just its oligopoly provision. Unfortunately there is no third option for voters on the ballot that would legalize marijuana without the commercial growth stipulations.

3.) No ones knows what will happen if both issues pass

There are four potential outcomes for Tuesday’s ballot: (1) neither Issue passes and nothing changes, (2) Issue 3 passes and Issue 2 fails making marijuana legal in the influential swing state, (3) Issue 2 passes and Issue 3 fails making commercial monopolies illegal, or (4) both pass, meaning there’s no clear victor. If option four happens, both issues will likely end up before the Ohio Supreme Court, which will decide the next step.

4.) BTW…Nick Lachey could get rich off Ohio’s pot

Many people were surprised when former Mr. Jessica Simpson and semi-famous singing heartthrob Nick Lachey voiced his support for Issue 3 in a 30 second ad.

Even though Lachey says “Ohio is my home” in the ad, he’s not even registered to vote in Ohio. As it turns out, he’s actually one of the 10 financial backers who would benefit from the passing of the proposition.

It’s unclear which way Ohioans will swing tomorrow, but their decision could have a huge impact on the rest of the country. Negatives and all, the approval of recreational marijuana in Ohio could be a crucial step in convincing the rest of the country to follow suit.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Why You Should Feel Conflicted Over Ohio’s Upcoming Marijuana Legalization Vote appeared first on Law Street.

In Colorado and thinking about smoking marijuana after work? Might want to reconsider that. Even though many Colorado residents qualify to use medical marijuana regularly, it can carry many consequences for consumers. In a landmark Colorado Supreme Court decision, Coats v. Dish Network, the court decided that employers can now lawfully terminate employees for using medical marijuana, even if they are off the clock.

This case originated in 2010 when Dish Network fired an employee, Brandon Coats, for not passing a random drug test. Testing positive for marijuana went against the company’s “zero-tolerance” drug policy. Coats is a quadriplegic who is licensed to use medical marijuana under Colorado state law to help ease the pain of his muscle spasms. He claims that he never used marijuana while working, nor was he ever high at work. Coats filed the lawsuit claiming that his rights were violated since he is legally allowed to use marijuana in the state of Colorado, so this should not affect his status of employment.

Colorado Supreme Court: Worker can be fired for using pot even though it's legal in state http://t.co/VNP5g4CEZY pic.twitter.com/DSeFkSGZJ4

— USA TODAY (@USATODAY) June 15, 2015

In a unanimous decision, all six judges ruled in favor of Dish Network, stating that the company was in the right when it let go of Coats. This case sets a precedent for future workplace conflicts over the matter. Medical marijuana is legal in Colorado, as well as recreational marijuana, but it is still illegal in all forms under federal law. Federal law trumps state law and so despite some people being able to obtain licenses to use medical marijuana, they still have to obey their employers’ drug policies.

Colorado is one of the most liberal states in the United States when it comes to marijuana use, as it legalized the medical consumption of it in 2001, and the recreational use of it became legal in 2012.  Marijuana use in Colorado has become ubiquitous. Doctors prescribe medical marijuana to patients for a multitude of reasons, such as to help combat the nausea induced by chemotherapy, to treat seizure disorders, or to curb the poor appetite and weight loss associated with HIV. People can grow the plant in their basements and there are dispensaries throughout many of the major cities. People can even take yoga classes focused on marijuana or marijuana themed cooking classes. Reports state that the legalization of cannabis has caused crime rates to decrease, lowered unemployment rates, and has contributed to greater economic growth thanks to the enormous tax revenues that the sales have created.

This decision will clear up many issues in Colorado, although it could also cause tensions to rise among citizens throughout the state and the whole country. Seeing how this case will impact other states’ decisions regarding the workplace and the use of medical marijuana will be interesting, considering that 23 other states have legalized it for medical consumption so far. To avoid future legal problems, this decision will likely prompt other companies to devise new drug policies so it is clear what they expect of their employees.

Toni Keddell

Toni Keddell is a member of the University of Maryland Class of 2017 and a Law Street Media Fellow for the Summer of 2015. Contact Toni at staff@LawStreetMedia.com.

The post Can You Be Fired for Legal Marijuana Use? appeared first on Law Street.

The 2016 presidential race may still be far away, but that hasn’t stopped a few candidates from gaining buzz early by officially throwing their names into the “potential president” mix. But before our campaigners get too serious with debates on foreign policy and health care, lets add a little humor into the fold.

Here are the three most ridiculous moments from the 2016 election so far.

Presidential Candidates Turned into Sims

Over Easter weekend the Independent Journal Review (IJR) decided to turn eight Republican presidential candidates into the “Republisims” and drop them into a generated White House on auto-pilot to see what would happen. These lifelike sims immediately began talking to themselves in mirrors, getting into fights with sim Rand Paul, and jumping into the pool to use the the “bathroom island” which was heavily guarded by sim Chris Christie.  Sim Ben Carson lasted the longest out of the bunch, making him your 2016 Republican candidate. Read a hilarious play-by-play here.

Not to be left out, IJR let eight Democrats have their turn as “Demosims,” which was live streamed yesterday. Sorry Hillary, but the winner was sim Vice President Joe Biden.

Watch the DemoSims LIVE: http://t.co/T9J0Pc1Exm pic.twitter.com/wGB3PaS8AM

— Benny (@bennyjohnson) April 21, 2015

Hookers for Hillary

The ladies from an infamous Nevada brothel, the Moonlite Bunny Ranch, are making it clear who their candidate is early with the site HookersforHillary.com. The bunnies explained their reasoning for joining Team Hillary by discussing her stance on various platforms including healthcare reform, preventing trickle-down-economics, and my personal favorite “foreign policy experience. They wrote:

As Secretary Of State, Hillary Clinton gained invaluable experience negotiating with foreign leaders, and the Bunnies can definitely relate to negotiating through a language barrier.The Bunny Ranch entertains customers from all around the globe, and the girls have great respect for any woman who can take powerful men from oppressive cultures and make them bend to her will.  With her eye on the international landscape, the Bunnies are confident that President Hillary Clinton would also avoid a repeat of the Secret Service’s Colombian prostitution scandal by making sure that her detail buys American.

Unfortunately, I don’t think this was the kind of endorsement Hillary was hoping for, and I am pretty sure Hillary wasn’t in the market for domestic hookers for her security detail.

 Waka Flocka Flame 4 Prez

In 2012 Waka Flocka made a promise to the American people.

I’m dead ass running for president in 2016. — Waka Flocka Flame (@WakaFlockabsm) November 7, 2012

Two and a half years later the “No Hands” rapper sat down with Rolling Stone on 4/20 to talk about being president while rolling up some “presidential kush.” Here are some of Flocka’s plans if he becomes president:

• Stop all dogs from coming into restaurants.

• Ban anyone with size 13 feet or over from walking in public because he doesn’t want to see their “big ass feet taking up all the space on the concrete.”

• Require all children to learn all of his lyrics before they graduate or they have to “start all over again from third grade to twelfth.”

And of course, Flocka plans to legalize weed! Watch the aspiring nominee’s campaign video below.

We can’t wait to see what ridiculous moments happen next in this already crazy election. Stay tuned!

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Top 3 Most Ridiculous Moments From the 2016 Elections…So Far appeared first on Law Street.

As of 2014, legalized marijuana is quickly establishing itself as the fastest growing industry in the United States, according to a new report. ArcView Market Research (AMR) just published its 3rd edition of the State of Legal Marijuana Markets report, and states that the U.S. legal cannabis market grew from $1.5 billion in 2013 to $2.7 billion in 2014, showing an overall growth of 74 percent.

In the report, AMR projects:

Full legalization of marijuana nationwide would result in $36.8 billion in retail sales, larger than the $33.1 billion U.S. organic foods market.

In order to obtain the most current information on existing marijuana markets for calculating potential growth, AMR researchers surveyed hundreds of marijuana dispensaries in key states, ancillary business operators, and independent cultivators.

The report projects that, by 2019, all of the legal marijuana markets combined will make for a potential overall market worth almost $11 billion annually.

Currently four states and Washington D.C. have legalized recreational use of marijuana, and 24 states have legalized the use of medical marijuana. However, Alaska, Oregon, and D.C, the places that passed Adult Use legislation via ballot initiatives during the most recent mid-term elections, have yet to establish markets for marijuana retail. On the other hand, Colorado has seemingly established itself as the nation’s pot headquarters with “$315 million in 2014 Adult Use sales, for $805 million total combined retail (Adult and Medical) and wholesale sales.”

California still currently boasts the most combined retail and wholesale marijuana sales of 2013 and 2014 at over $1.2 billion, but unlike Colorado, California only has laws permitting medical marijuana use. An Adult Use law initiative for the state is in the works, and if it passes in 2016, AMR projects the entire industry could rapidly double in size.

Despite the growth, some setbacks have hindered the industry. Financing has become an issue, with many banks opting not to lend to marijuana-related businesses despite the Department of Justice’s go-ahead. Nebraska and Oklahoma are also attempting to interfere with Colorado state law by suing them. In the suit they claim:

Marijuana flows from this gap into neighboring states, undermining their marijuana bans, draining their treasuries, and placing stress on their criminal justice systems.

However, some suspect that Attorney Generals Jon Bruning and Scott Pruitt’s intentions in filing the suit aren’t entirely safety motivated. Both politicians have received significant campaign contributions from alcohol companies, which are looking to remain their customers’ primary source of legal inebriation.

The potential for legalized marijuana growth is exponential, but also highly contingent on states continuing to adopt pro-marijuana legislation. As the nation weighs the pros and cons of the weed debate, the impact it has already had on the economy will probably stand out. Eventually, country-wide adoption looks to be inevitable from a financial standpoint, even if that may come as a blow to moral convictions for some.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Legal Marijuana: The Fastest Growing Industry in America appeared first on Law Street.

Is this real life? HLN viewers were gifted TV comedic gold the other night in the form of a marijuana debate between the always controversial Nancy Grace and “Fed Watching” rapper 2 Chainz. Grace, whose Wikipedia controversy section alone is cause enough for pause, brought 2 Chainz, who was arrested in 2013 for possessing a weed grinder, on her show to discuss the legalization of marijuana. Funnily enough, it was 2 Chainz who upstaged Grace with actual valid points while she rebutted by showing him irrelevant videos of parents forcing toddlers to smoke pot.

Watch a clip from interview below, and here’s the long version if you want to see it.

For those of you who don’t have time to watch the entire interview, it went a little something like this.

Grace: Was clearly surprised that the weed smoking rapper was capable of graduating college with a 4.0 despite presumably being in a constant purple haze.

2 Chainz: Argues you can’t blame the entire “stoners” community for a few irresponsible parents forcing kids to smoke pot. (Sounds fair.)

Grace: Doesn’t want to be thrown into a pot and stewed. (Okaaaay?)

Grace: “While I have you, why the 2 Chainz?” (She’s getting to the really hard hitting questions now.)

2 Chainz: Explains why his breastfed youth gave way to the family nickname and former rap name Tity Boi.

Grace: Awkwardly quotes 2 Chainz lyrics in the whiniest voice possible.

2 Chainz: Argues in defense of keeping weed out of a child’s hands; feels everyone has the ability to govern their own household and have structure.

Grace: “I hear you. I hear you 2 Chainz. I hear you.” (Do you though?) Quickly shows yet another parent-forcing-baby to smoke video to further prove point.

2 Chainz: Thinks said parent is a bone head and may have mental issues deeper than a joint. (You tell her, 2 Chainz.)

Grace: Implies that if pot is legalized, unlimited access for child-abusing pot heads will bring about the end of the world.

2 Chainz: Informs Nancy that everyone already has the ability to get their hands on pot whether it’s legal or not. Argues legalization will minimize overcrowding in prisons and will help users be able to obtain loans, homes, and jobs.

Grace: “If you want to qualify for a home, why don’t you just not smoke pot! Why don’t you just not get arrested!” (I don’t think they wanted to get arrested.)

2 Chainz:  Sees legalization as a means to curb the national deficit and free up taxpayers’ money that can be better spent on potholes than pot smokers. Tells tour bus grinder arrest story, the charges of which were later dropped, and schools Grace on what a waste of taxpayers’ money it was.

Grace: Doesn’t disagree. Shows yet another baby smoking pot video. “Look. Look. Look. Look. Look. Look.” (Really, he’s looking.)

2 Chainz: “This kid may need marijuana when he’s about 16 because he may have some other things going on.” (Grace doesn’t know what he’s talking about.)

Grace: Demands to know why 2 Chainz doesn’t want his kids to sell pot like him. Shows yet another kid smoking pot video.

2 Chainz: Educates Grace on pawn shops and crack. Thinks the parent in video was high on crack. Wants to call the dude up and find out. Questions if it was even him or maybe a babysitter, an uncle, or a brother. (Creates reasonable doubt.)

Grace: Wants him to know she has a problem with his lyrics “Smoking California weed with California whores.”

2 Chainz: Truuuuuuuuuuuu.

 Obviously Twitter found the whole thing hilarious, including Grace’s ridiculous hashtag: #pot2blame.

NANCY GRACE: Why do you breastfeed your children marijuana? 2 CHAINZ: What? GRACE: Hey what is a 2 Chain? 2 CHAINZ: Well– GRACE: No. Wrong.

— Dan Ozzi (@danozzi) January 14, 2015

Nancy Grace: “Smokin California weed with California hoez.” 2 Chainz: “TRUUUUUU” This seriously happened on national television.

— Demetrius (@fergoe) January 14, 2015

This is beautiful. I would watch a 24-hour network of just Nancy Grace/2 Chainz. http://t.co/EEMXtCJJc6 pic.twitter.com/9xuSmIty80 — Wesley Lowery (@WesleyLowery) January 14, 2015

thanks to @NancyGraceHLN ive finally realized that #pot2blame for all my problems. dunno how it took me so long

— Nadeska Alexis (@neweryork) January 14, 2015

Having @NancyGraceHLN on in the home regularly might be more detrimental to a childs brain development than pot legalization. #Pot2Blame?

— Mike Groseclose (@mikrofusion) January 14, 2015

Is another debate in the works? We should only be so lucky. Both 2 Chainz and Grace gave fans hope on Twitter, showing there’s no bad blood between the two.

.@2chainz you’re on. I’m gonna talk u out of this pot thing. Ps. I don’t think that’s a real rolex u have on. #Pot2Blame?

— Nancy Grace (@NancyGraceHLN) January 14, 2015

After the recent legalization of marijuana in Oregon and Alaska, and the vote to legalize it in Washington D.C., the country’s opinion on marijuana has started to turn a corner. It’s the crackpots like Grace, with their ultra-conservative babble and highly irrelevant baby smoking videos, that are only delaying the inevitable. Until people are willing to accept the facts on marijuana, myths and paranoia will remain supreme.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post 2 Chainz vs. Nancy Grace: Rapper Wins Debate Over Legalizing Pot appeared first on Law Street.

The 2014 midterm elections weren’t the only reason to pay attention to political news this year. Keep scrolling to check Law Street’s top 10 political stories of 2014.

1. BridgeGate: 7 Reasons to Watch the Chris Christie Scandal

This winter, revelations about Governor Chris Christie’s involvement in the shutting down of the George Washington Bridge came to light. The whole scandal raised a lot of questions about Christie’s ability to be a contender on the national stage, quite possibly as the 2016 Republican Presidential nominee. Whether or not Christie chooses to run, there will be a lot of eyes on his handling of “Bridgegate.”

2. Marijuana Legalization: Let’s Be Blunt 

The states of Colorado and Washington voted to legalize recreational marijuana in 2012, and the sale and use started moving into the public sphere earlier this year. However, given that Colorado and Washington were the first two states to do so, many were left with questions about how exactly the legalization worked, what affects it could have on society, and how the Washington and Colorado laws would interact with federal law.

3. Drone Rules: Are They Enough to Protect Civilians?

Drones have evolved from being a futuristic fantasy to real part of American military strategy. However, like any new innovation, the legality is developed after the technology itself. In early 2014, the Obama Administration’s drone strike policies were a hot topic of conversation, especially after the disclosures regarding a December 2013 strike in Yemen.

4. Hobby Lobby: They Want to Remove the Corporate Veil — and Your Birth Control Coverage

Image courtesy of [Annabelle Shemer via Flickr]

Another hot political topic in 2014 was the Supreme Court case that’s widely become known as Hobby Lobby. It questioned whether or not the Affordable Care Act (ObamaCare) required employers to provide contraception for their employees, regardless of the company’s religious beliefs. Concerns about the case extended far beyond whether or not those particular employees would get contraceptive coverage, as it could have set a dangerous precedent for all sorts of discriminatory policies.

5. Obamacare Is Here to Stay! But It Still Kind of Sucks

Image courtesy of [Daniel Borman via Flickr]

The much maligned Affordable Care Act (Obamacare) finally went into effect this year, with the first open enrollment period. The act provided healthcare for many who previously didn’t have it, but that doesn’t mean that it was anywhere close to perfect. Partisan bickering over the law remained steady, but the Affordable Care Act can certainly be considered a step in the right direction.

6. Stuck in McAllen: Jose Vargas and the Texas Immigration Crisis

This summer, the arrival of undocumented youth at the Texas border sparked political debates, some outrage, and acts of compassion. One of the biggest advocates for these young people was a man named Jose Vargas, a prominent undocumented immigrant who works as a journalist and advocate. When Vargas traveled to McAllen, Texas, one of the towns most heavily affected by the arrival of the children, he was briefly detained and then released–cementing his status as one of the lucky few.

7. Debating Minimum Wage in America

As the cost of living in the United States continues to creep upward, and the American economy rebounds from one of the worst economic crises in recent history, many people still struggle to meet ends meet. Minimum wage jobs are an important sector of our economy–but what exactly do we mean when we say minimum wage? It’s an important political question that has yet to find an exact answer.

8. “Gay Panic” Defense Outlawed in California

For some time, the “gay panic” defense served as a way to claim a sort of self-defense in regards to hate crimes. While it doesn’t have a strong track record of actually succeeding, there were no laws specifically forbidding it. This fall, California became the first state to actually ban the “gay panic” defense, an important step in the fight against homophobia.

9. Campaign Finance: Free Speech or Unfair Influence?

In the wake of Citizens United and other landmark court decisions, our rules about campaign finance have seen some extreme changes in the last few years. These changes will have a huge impact on the 2016 Presidential elections, and pretty much every election moving forward, unless more changes happen. Given the topsy-turvy world that is the debate over campaign finance, anything is possible.

10. Just Get Ready For It: Another Clinton in the White House

We’ve all barely recovered from 2012, not to mention this year’s midterms, but speculation about 2016 has, predictably, already begun. Probably the Democratic front-runner at this point, Hillary Clinton has a lot of support. There are many reasons to get on the Hills bandwagon–including feminism, foreign policy, and her awesome facial expressions.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post ICYMI: Top 10 Political Stories of 2014 appeared first on Law Street.

It’s official. Two more states — Oregon and Alaska — have joined Colorado and Washington in legalizing marijuana.

Oregon’s Measure 91 had a convincing victory, winning approximately 54 percent of the vote. Like Washington and Colorado, Oregon will now allow regulated and taxed sales of marijuana to adults. Stores will probably come sometime in 2016, a timeline consistent with those that Colorado and Washington set for themselves previously.

Ballot Measure 2 passed in Alaska by a margin of roughly 52-48 percent. In 90 days it will become the law of the state, and the state will create mechanisms to regulate the use and sale of legalized recreational marijuana. Alaska has long had a lax view on marijuana laws — a 1975 court decision legalized very small amounts in the home, although it was incredibly narrow and not really followed. In addition, Alaskans have tried a few times to get legal marijuana on the ballot, voting on the issue in 2000 and 2004. While both measures obviously failed, Alaska has certainly had a storied and complicated history with marijuana legalization.

And then, of course, there’s D.C. Our nation’s capital legalized recreational marijuana use, although not the sale of marijuana. There’s confusion over what this actually means, though. Congress technically has oversight over the District, and it can take measures to basically make sure that nothing ever comes out of the passage of this initiative. D.C.’s ability to actually govern itself and the people who live within its borders is notoriously limited. No one can do anything to stop the 735,000 people who live in Alaska from legalizing marijuana, but D.C.’s 650,000 are prohibited by officials they didn’t even elect. That’s why there’s a big question mark next to D.C. — no one really knows what will happen here.

As fascinating as the wins were for the future of marijuana legalization, it’s also interesting to look at what they mean for the overall scheme of American politics. Democrats lost last night on pretty much every level. Some marijuana legalization was one of the very few things that Democrats support that made it through. But what’s important to remember about marijuana legalization is that it’s not so much a Democratic value, it’s also a very Libertarian issue. There are reasons for both Democrats and Libertarians to support marijuana legalization, which may have been one of the reasons that it passed. It’s a strange phenomenon, as 538‘s Ben Casselman tweeted:

So voters want a higher minimum wage, legal pot, abortion access and GOP representation. Ok then.

— Ben Casselman (@bencasselman) November 5, 2014

So, the success of marijuana legalization in an election where so many other Democratic measures failed could mean a few things. It could mean that the Libertarian wing of the Republican party is really becoming sort of a dark horse among Millennials who are frustrated with the way that Democrats have been running the country, but aren’t willing to align with the Republican base or the Tea Party on most social issues. Or it could just mean that Oregon, Alaska, and the District of Columbia really enjoy getting high and don’t mind the increase in taxes that comes with the legalization of marijuana. Either way, it will be interesting to see if anything at all comes of the measure in D.C., as well as which states will be next to hop on the marijuana legalization bus.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Oregon and Alaska Legalize Marijuana appeared first on Law Street.

Washington and Colorado approved voter referendums in November 2012 to become the first states in the nation to allow recreational marijuana sales; however, the states have taken different regulatory paths. Colorado started selling recreational marijuana on January 1, 2014, while Washington’s first legal stores opened on July 8, 2014. Regulators in Washington have frequently been in contact with those in Colorado to smooth the implementation process. The infographic below shows a quick breakdown of the two states’ policies, and if you’d like to learn more about what’s going on with these rules read on to the in-depth analysis below.

Who is allowed to buy marijuana?

Colorado and Washington both regulate marijuana similarly to alcohol. Only those aged 21 and older can buy recreational weed. Walk into a store, show your ID, and you can make a purchase. Customers are limited to buying or possessing only one ounce of marijuana at a time. Rarely would anyone buy a full ounce — more commonly marijuana is sold as an eighth of an ounce. Should you need more than an ounce, however, you would not be prohibited from making multiple trips to the store in the same day.

In Colorado, buyers from out of state are limited to buying only one-quarter of an ounce at one time, while there is no restriction on purchases by out-of-state visitors in Washington. Marijuana bought in the state must then be consumed in the state. In Colorado, you can share marijuana with others as long as you don’t receive any cash. In Washington, any purchase of marijuana must be for personal consumption. In both states marijuana transactions often have to be made in cash, since credit cards cannot be used due to federal banking regulations; however, state banks in Colorado moved to set up more local credit unions and issue debit cards that can be used for marijuana purchases.

How much does marijuana cost?

In Colorado, shops opened January 1, 2014 and were met with high demand. Initially 136 shops acquired licenses from Colorado’s Marijuana Enforcement Division, but the state has set no official cap on the number of licenses it will issue. The city of Denver, however, has a two-year moratorium on new marijuana businesses. Many other cities, such as Colorado Springs, banned recreational marijuana shops altogether. In the first days of sale, prices for high-quality marijuana rose to more than $300 per ounce. NPR reports that over the weekend of July 4, 2014, prices at a large chain hovered around $85 an ounce. Other estimates show the price per gram in Colorado typically averages $16 to $20.

In Washington, initial sales are likely to lead to product shortages and higher prices. Marijuana can only be purchased in retail shops licensed by the state; however, only 24 shops were licensed for the first day of sales, so owners may initially be inclined to ration. The state set a cap of 334 licenses to be distributed in accordance with population. The Washington State Liquor Control Board still has thousands of applications to sift through. Like Colorado, many municipalities in Washington banned recreational sales of marijuana. In Seattle, with a population of 652,000 and likely the hottest market, only one shop will be open on the first day of sales. Vancouver has two shops and Spokane has three. Growers of marijuana only received their licenses in March, meaning that there has not been enough time to grow a substantial amount of marijuana. Store owners indicate they want to sell for roughly $12 per gram, but the cost per gram could rise to as much as $25. Medical marijuana dispensaries in the state average between $10 and $15 per gram. Watch for more information on the marijuana shortage below:

How much is the state making off sales?

In both states, recreational marijuana is heavily taxed. Colorado buyers face a 15 percent excise tax, 10 percent special sales tax, and a 2.9 percent standard sales tax. Various localities then add additional taxes. Colorado’s amendment dictates that the first $40 million in taxes raised annually by marijuana sales must go toward the state’s public schools. According to USA Today, Colorado collected more than $24 million in marijuana fees and taxes through April 2014. In the fiscal year beginning July 2014, the state expects to make $98 million from marijuana. Tourism also increased, likely in part due to the marijuana law — 2013-2014 was the state’s best ski season to date. Watch an overview of Colorado’s marijuana industry below:

In Washington, an excise tax of 25 percent is levied at three different points in the sale process: from grower to processor, processor to retailer, and retailer to customer. According to USA Today, Washington is expected to collect $190 million from fees and taxes over the next four years.

What restrictions do marijuana shops face?

The two states regulate shops a little differently. Both only allow sales between 8:00am and midnight, and any marijuana sold in the state must be grown in the state. Initially in Colorado, any business wanting to sell recreational marijuana already had to be an existing medical marijuana dispensary. Vendors must be residents of Colorado and undergo a background check. They must apply through the Colorado Department of Revenue’s Marijuana Enforcement Division and typically have to apply for a local license as well. Beginning October 1, 2014, new recreational facilities will be able to apply for licenses. Medical marijuana dispensaries pay a $500 application fee to get a recreational license, while new businesses face a $5,000 application fee. Annual licensing fees can range from $3,750 to $14,000. Colorado also allows companies to vertically integrate by growing, processing, and selling as a single company. Additionally, individuals are allowed to grow up to six plants for personal use.

In contrast, Washington gave medical marijuana dispensaries no edge in the application process over new businesses. The medical marijuana industry was unregulated, so the state created regulations from scratch, including protocol-testing, child-resistant packaging, and shop security systems. Vendors must be residents of the state and are subject to a background check. The law separates producers, growers, and retailers. Businesses face a $250 application fee for a license and a $1,000 annual renewal fee. The state also limits overall marijuana growing to 200 million square feet. Washington does not allow individuals to grow plants themselves.

Are edibles available?

One of the most high-profile issues Colorado faces is how to regulate marijuana edibles, which are often seen as a hassle-free way to consume marijuana. Yet several severe cases illustrated potential dangers of edibles. On March 11, 2014, a college student from Wyoming jumped from a balcony to his death after eating a potent marijuana cookie. In another case, Richard Kirk suffered severe hallucinations after allegedly taking painkillers and eating marijuana-infused candy. The hallucinations led him to shoot and kill his wife. New York Times columnist Maureen Dowd recently chronicled her experience with marijuana edibles to further heighten awareness of the issue. Colorado is aiming to make buyers aware of portion size and THC content, but is still experiencing difficulty regulating edibles and keeping them from the hands of unsuspecting children. The video below explores Colorado’s problems with edibles:

So far Washington has not approved any edible products. Edibles must first be tested and approved, so there will be a bit of a wait before they hit the Washington market.

Are there other regulations?

Smoking Areas

Both states ban smoking in public places, including in marijuana shops. The bans are enforced similar to open-container laws. In Washington, consuming in public means a fairly light $27 fine. Things can get trickier for tourists trying to find a place to consume. Only 25 percent of hotel rooms in Washington are designated as smoking, and it is unclear if hotels will permit smoking marijuana.

Driving

Driving under the influence of marijuana is illegal in both states. Anyone driving with more than five nanograms of THC per milliliter can be issued a DUI. Tests for THC are not as easy as a breathalyzer, especially since THC can linger in the body long after an initial high. If a driver was suspected of being high, an officer would likely have to drive the individual to the hospital for a blood test to get conclusive results. In Colorado, marijuana was involved in 12.5 percent of DUIs occurring in the first five months of 2014, a statistic that the state has only just begun tracking. Watch a video about DUIs below:

Other Issues

Despite the legality of recreational marijuana in these states, questions linger. Employers can still fire employees for showing up high or for testing positive, even though marijuana is legal. An in-depth look at the issue can be found here. States are also wary of consumers who may go to a number of stores to buy a small amount of marijuana at each and then sell it on the black market. The Justice Department is continuing to work on legal guidance for banks on how to deal with local retail marijuana sales. Despite these issues, the sale of marijuana has been a large success in Colorado, with voters now favoring the law by a 22-point margin after witnessing relatively smooth implementation. Should kinks in these laws be worked out, more states will look to Colorado and Washington when implementing marijuana laws of their own. Colorado has increased its regulation of marijuana since the law was first implemented and has not experienced serious consequences. More regulation of edibles in the future will likely lead other states to follow marijuana policies similar to those of Colorado and Washington.

Resources

Primary

Washington Liquor Control Board:  Fact Sheet

Additional

Time: Everything You Need to Know About Buying Legal Weed

Time: Colorado Kids are Accidentally Ingesting Pot

NPR: Washington State to Start Recreational Pot Sales

The New York Times: Still-Divided Washington Prepares for Start of Recreational Marijuana

Mercury News: Marijuana Legalization in Colorado

USA Today: With Legal Marijuana, Washington Joins Exclusive Club

CNN: 10 Things to Know About Nation’s First Recreational Shops

Denver Post: Colorado Voters Approve New Taxes on Recreational Marijuana

USA Today: Colorado, Washington Differ in Legalizing Marijuana

Brookings: Legal Marijuana: Comparing Washington and Colorado

The New York Times: Don’t Harsh Our Mellow, Dude

New York Magazine: Washington Starts Selling Legal Weed: What You Need to Know

The New York Times: Sales of Recreational Marijuana Begin in Washington State

Denver Post: A Colorado Marijuana Guide: 64 Answers to Commonly Asked Questions

Denver Post: Colorado Recreational Marijuana Industry Begins

—

Alexandra Stembaugh is a senior at the University of Notre Dame studying Economics and English. She plans to go on to law school in the future. Her interests include economic policy, criminal justice, and political dramas. Contact Alexandra at staff@LawStreetMedia.com.

Alexandra Stembaugh

Alexandra Stembaugh graduated from the University of Notre Dame studying Economics and English. She plans to go on to law school in the future. Her interests include economic policy, criminal justice, and political dramas. Contact Alexandra at staff@LawStreetMedia.com.

The post Legal Marijuana Laws: Colorado v. Washington appeared first on Law Street.

With the legalization of marijuana in Colorado and Washington, people who choose to smoke marijuana for recreational purposes will not face criminal charges. But they could be at risk of losing their jobs. This ongoing debate between employees and employers continues to be fueled by state legislation and employment drug testing policy. The courts must now analyze and settle questions regarding the controversy. Although in certain states, employees are not breaking the law by using marijuana, employers continue to implement pre-screening and routine drug tests. Workers are beginning to take action against what they believe to be violations of their rights. This leads to an inherent disconnect between the law and companies’ policies – so here is everything you need to know about marijuana, employment, and drug testing policies.

History of Drug Testing

In order to explain the divide between state law and employee drug testing, let us examine the history of testing policies and procedures. Surprisingly, not all workplaces require drug testing; the power to choose whether or not to implement the procedure is given directly to the corporation. According to Drug Testing USA, there are three factors that are taken into consideration regarding employee drug testing laws:

“1) who can be tested and under what circumstances (pre‐employment, random, etc.), 2) how testing is to be conducted (in a law, via on‐site devices, etc.), and 3) the procedures to be observed by the testing entity.”

As a result, companies have the power to alter and update their employee requirements to align with state legislation. Yet, in recent cases, companies chose to adhere to their original methods. Later, we will examine how the courts respond when employees challenge employers’ practice.

Who is tested?

If employers do not require mandatory drug screenings, do they have the right to single out individuals and conduct a test based on “reasonable suspicions?” If they do, employers must be sure to adhere to a strict guideline of how they define suspicious behavior in order to avoid a lawsuit. According to the Northwest Justice Project, “it is legal for a private employer to require a drug test of its employees, unless the employer uses the test to discriminate against certain people.”

Who conducts the tests?

There is a discrepancy between the law and employee protocol. Although Colorado and Washington have legalized marijuana, this does not mean that businesses have to follow suit. In a company’s defense, retaining a safe and efficient system is vital to the company reputation and prosperity. But an individual could argue that employee drug testing is a violation of their privacy. Since drug testing lacks federal legislation, and designates most of the power directly to the businesses themselves, it is a corporation’s decision whether to drug test or not.

Ethics: Is an employer testing for marijuana a violation of privacy?

Technically, drug testing is classified as a form of search and seizure. When employers choose to test employees, they are compromising the individual’s Fourth Amendment rights which read, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” A common argument is that what an individual does on their own time should not be used against them professionally. The concept of employee drug testing is similar to employers researching their employees’ social media accounts. If a person chooses to party and live promiscuously on their own time, should employers have the right to judge the employee even if they are a capable and efficient worker? The employer could argue that this is a practical and fair assessment in evaluating employees. However, the employee could dispute that they have the right to privacy within their personal lives, and should not have to change their habits or filter their social media on account of being judged by an employer.

Case Study: National Treasury Employees Union v. Von Raab (1989)

In a 1986 case, National Treasury Employees Union v. Von Raab, the National Treasury Employees Union argued that drug testing was violating their privacy rights and the Fourth Amendment. Originally the State Court of Eastern Louisiana ruled in their favor, yet the case ultimately went to the United States Court of Appeals. There, the court ruled that the government’s policy on drugs surpassed the desires of the union. Although testing potentially violated employees’ rights, “balancing the individual’s privacy expectations against the government’s special needs” became the basis for enacting the tests. The ruling outlined several factors which the employer must abide by to protect the employee’s rights and ultimately upheld the standard that, “no privacy invasions should be permitted unless some good end is served.” This case made drug testing legally applicable to businesses if they choose to enact such as policy as long as they abide by the ruling’s contingencies.

Case Study: Johnson v. City of Plainfield (1990)

 “Even if drug testing is found to be constitutional, we must measure what we have gained in finding the guilty against what we have wrought upon the innocent.”

-Johnson v. City of Plainfield

In Johnson v. City of Plainfield, the courts questioned the constitutionality of employee drug testing, and decided that it must be decided on a case-by-case basis. In 1986 in New Jersey, the City of Plainfield Fire Department employees were subjected to an abrupt urine test. Sixteen of the firefighters tested positive for unspecified drugs and were fired without pay. Several of the firefighters felt that accusations were false, and that certain medication could have tainted the urinalysis since no information was provided about those present substances. Additionally, they felt that their privacy had been violated because a member of the same sex had monitored them during the urine test. Finally, they argued that their morales were tainted by the positive drug tests. In the ruling, “[the] court suggest[ed] that the factual findings in this matter should cause us to pause in the nationwide rush toward massive and mandatory drug testing.” This case illustrated a shift from a more conservative stance on employee drug testing to a more reformed view.

Case Study: Colorado

Although marijuana is now legal in Colorado, not all businesses condone recreational usage. Section 6 of Amendment 64, which legalized recreational marijuana, states that:

“Nothing in this section is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.”

Legally, employees can be tested for marijuana. According to The Denver Post, “despite marijuana’s legal status in Colorado, courts have ruled that employers have the right to fire workers for using pot, even off-duty.” There is no protection against losing your job because of marijuana use, so employees must make wise decisions when partaking in recreational use or they could be at risk for losing their jobs.

Does that violate employees’ rights and the law? According to Amendment 64, Colorado marijuana legalization, “specifically gives employers the right to have a Zero Tolerance Policy.” Therefore companies who choose to enact the policy are abiding by not only federal, but also state law.

Fox Business discusses how Colorado and Washington employers are wrestling with new marijuana laws:

Medical Marijuana

While Colorado and Washington have fully legalized marijuana, a more applicable nationwide debate is medical marijuana. Only a handful of states have provided legal protection to individuals with a prescription for medical marijuana. How do employers handle individuals who smoke to ease the symptoms of painful and sometimes crippling illnesses?

History of Legislation

The 1990 American with Disabilities Act protects individuals with disabilities. It assures that disabled citizens will receive protection from discrimination in the workplace and have the freedom to use certain aides to function in the workplace; yet it does not cover medical marijuana.

The Compassionate Use Act of 1996 gives individuals some protection against criminal charges, such as possession, when they use cannabis for medical purposes. However, it does not include any safeguard for employees from being terminated for violating a company’s drug policy.

Finally, in the 2008 case, Ross v. RagingWire Telecommunications, individuals who used cannabis for medical purposes were denied protection from being terminated from their job.

However, there are some loopholes that certain states provide; in California, a smoker who uses medical marijuana can negotiate with the following letters:

1. Pre-employment Negotiation Letter (.doc).
2. Negotiation Letter for Currently Employed Patients (.doc)
3. Termination Negotiation Letter (.doc)

These letters do not guarantee an employee defense against termination, yet they give an employee a chance to petition to preserve their job.

To see a debate about the legality of medical marijuana in the workplace, click here:

Case Study: Brandon Coats v. Dish Network

In a 2010 Colorado case, a quadriplegic man, Brandon Coats, was fired from the Dish Network for testing positive for marijuana. Coats smoked medical marijuana to alleviate severe pain he experienced on a regular basis. When Coats brought the case to the Colorado Court of Appeals  in 2013,  the court confirmed that Dish had the right to fire Coats for violating company drug policy. When Coats appealed, the appellate court ultimately ruled that: “federal law trumps state law.” Montana, Oregon, and Washington also heard similar cases. All cases resulted in the same ruling– federal law overrides state law, and employers can choose to terminate employees if they do not abide by the company’s drug policy.

Employers retain the right to test and terminate employees for testing positive for THC regardless of the circumstances.

Future Amendments

Will the legislation amend the requirements for employers to accept the use of medical marijuana? Individuals that suffer from chronic illnesses are put in potential financial jeopardy. Yet employers are liable for mistakes made on the job due to marijuana use. As of now, employers have no intention of changing the policy, and legislatures are leaving the power to the businesses. Is this ethical? It has been scientifically proven that marijuana can help with extreme illnesses in a way which no other medication can. Employers are putting individuals who are already in a precarious situation in jeopardy. On the other hand, businesses have a reputation to maintain and would like to remain efficient in a competitive field.

Legal Inconsistency Throughout the States

Currently, every case regarding employees’ rights to marijuana use has been overruled by federal law, which still sees marijuana as illegal. This legal generalization may not suffice with the innovations to state laws that continue to develop. Legislation needs to take into consideration all of the ripple effects that marijuana will have on businesses. When drug testing was deemed constitutionally appropriate, marijuana was distinctly illegal. Now with all of the unique exceptions and amendments to state laws, there are constant inconsistencies. National businesses are now also put in an difficult situation when dealing with the marijuana laws unique to their state– how does a nationwide company handle state-to-state laws regarding their policy on employee drug testing?  Legislation needs to step up and tie up all the loose ends to protect employees as well as protect corporations from being sued by individuals who feel that their rights are being challenged.

Resources

Primary

US District Court, New Jersey: Johnson v. City of Plainfield

US Court of Appeals, 5th Circuit: National Treasury Employees Union v. Von Raab

Department of Labor: Drug-Free Workplace Policy Builder

California EDD: Misconduct MC 270

Additional

Regulate Marijuana: Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012

MAPI: Changing State Marijuana Laws and Employer Drug Testing Policies

The New York Times: Creating Confusion in the Workplace

Americans for Safe Access: Employment 

Huffington Post: Employers Can Fire You For Using Marijuana, But Brandon Coats’ Case Could Change Everything

Madeleine Stern

Madeleine Stern attended George Mason University majoring in Journalism and minoring in Theater. Her writing on solitary confinement inspired her to pursue a graduate degree in clinical counseling after graduation. Madeleine is an avid runner, dedicated animal lover, and a children’s ballet instructor. Contact Madeleine at staff@LawStreetMedia.com.

The post After Marijuana is Legalized, What Limits Can Employers Impose? appeared first on Law Street.

The law often does not have the same consequences for all people. This doesn’t necessarily mean that a given law is racist. Or even that a given officer tasked with enforcing the law is a racist individual. What it does mean is that though justice is supposed to be blind, the fallible human beings whose duty it is to carry out the law are not. This is never more true than when it comes to arrests for marijuana. This topic has been in the news recently in the wake of Colorado making marijuana consumption legal.

What I am here to talk about is the cold, hard truth about the state of marijuana use — and more importantly, arrests — in the rest of the nation where recreational marijuana use is still forbidden. Particularly what I’d like to comment on is the raw, and honestly quite refreshing take MSNBC anchor Chris Hayes had on the subject in response to a column recently written by David Brooks. I’ll let Chris do the talking and then see you after the jump.