Recreational Marijuana – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Recreational Marijuana Sales Start in Uruguay https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/uruguay-recreational-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/uruguay-recreational-marijuana/#respond Sat, 22 Jul 2017 14:12:26 +0000 https://lawstreetmedia.com/?p=62286

Uruguay is officially the first nation to fully legalize recreational marijuana.

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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.

According to the Huffington Post, “the Uruguayan model allows four forms of access to marijuana: medical marijuana through the Ministry of Public Health; domestic cultivation of up to six plants per household; membership clubs where up to 45 members can collectively produce up to 99 plants; and licensed sale in pharmacies to adult residents.”

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.

“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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Nevada Approves Emergency Marijuana Regulations to Fix Supply Shortage https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nevada-approves-emergency-marijuana-regulations/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nevada-approves-emergency-marijuana-regulations/#respond Fri, 14 Jul 2017 18:55:08 +0000 https://lawstreetmedia.com/?p=62149

The great shortage could soon be over!

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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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Nevada Declares Weed “State of Emergency” After Sales Exceed Expectations https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nevada-weed-state-emergency/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nevada-weed-state-emergency/#respond Tue, 11 Jul 2017 20:16:05 +0000 https://lawstreetmedia.com/?p=62014

Marijuana has only been legal in the state since July 1.

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Nevada is already in the midst of a full blown marijuana “state of emergency,” as the state’s fledgling recreational market struggles to keep legal pot from flying off the shelves.

On Friday, Gov. Brian Sandoval endorsed the state of emergency, allowing state officials to adopt “emergency marijuana regulation” in order to accommodate for the unplanned pot shortage.

The 47 retail stores licensed to sell marijuana in the state began selling recreational marijuana from their stockpiles starting July 1. According to the Department of Taxation, Nevada’s marijuana sales have exceeded the industry’s original estimates–the opening weekend resulted in “well over” 40,000 transactions.

The Nevada Dispensary Association estimated that dispensaries made about $3 million in sales–with the state netting about $1 million in tax revenue–in the first four days of legalization.

Some dispensaries need new shipments of product asap, but logistical issues have thrown a major wrench in distribution. Wholesale alcohol distributors have exclusive rights to transport wholesale marijuana for the first 18 months of legal sales, but the state has issued zero distribution licenses due to legal issues, incomplete applications, and zoning laws.

“Unless the issue with distributor licensing is resolved quickly, the inability to deliver product to the retail stores will result in many of these employees losing their jobs and will cause this nascent industry to grind to a halt,”  Sandoval said in a statement.

The state tried to fix the distribution problem earlier this year by opening up the licenses to other types of businesses, but the liquor wholesalers successfully sued to keep their transport monopoly.

If left unfixed, Stephanie Klapstein, a spokesperson for the Department of Taxation, says the halt in marijuana sales will also lead to “a hole in the state’s school budget.” A 15 percent tax on the cultivation of marijuana generates revenue for schools, while the 10 percent sales tax can be used for the state’s rainy day fund.

The Nevada Tax Commission will vote on the regulations to fix the supply-chain issues on Thursday.

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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Uruguay is Set to Become First Country to Sell Fully Legal Marijuana https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/uruguay-first-country-legal-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/uruguay-first-country-legal-marijuana/#respond Tue, 11 Jul 2017 18:27:50 +0000 https://lawstreetmedia.com/?p=62013

Marijuana will hit pharmacy shelves later this month.

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Dozens of pharmacy shelves in Uruguay will soon be stocked with a plant that is entirely prohibited in most other countries: cannabis. Three and a half years ago, Uruguay became the first country to fully legalize marijuana. And later this month, after overcoming legal hurdles and a presidential transition, government-approved marijuana will be sold out of dozens of pharmacies across the country.

Priced at $1.30 per gram, the legal weed will exclusively be sold at pharmacies. Uruguay’s government will have tight control over the process, from planting to puffing. The marijuana plants’ genetic material will be determined by the government, as will its THC–marijuana’s psychoactive component–concentration. Uruguayans ages 18 and up can purchase up to 40 grams each month.

According to the Washington Post, customers will register for the marijuana program via a government database. Instead of producing identification at the register to prove their age, customers will place their thumb on a scanner, which will be linked to the database, providing pharmacies with a buyer’s purchasing history.

Unlike some of the U.S. states that have legalized recreational marijuana, there will be no smoking cafes as part of Uruguay’s legalization regime. Foreigners cannot purchase marijuana, and there will be no shops selling pot edibles or other marijuana-infused products. For some, the caveats to Uruguay’s marijuana legalization are overburdensome and unnecessary. But to public health officials, the regulations will hopefully ensure marijuana does not tread down the same path as the tobacco industry.

“The risk of what they’re doing in Colorado is that you end up with something like the tobacco industry,” Julio Calzada, a public health official in Uruguay, told the Washington Post. “To us, marijuana is a vegetable substance with a capacity to generate addiction,” added Calzada, who helped design the regulatory framework after legalization in 2013, “so what we’re trying to do is control the production, distribution and consumption of that substance as effectively as possible.”

Uruguay is a socially liberal society, where gambling and prostitution are legal. The government maintains control of a majority of sectors, including banking and utilities. The same goes for its nascent legal weed market–only two government-approved private firms will supply marijuana to about three dozen pharmacies across the nation.

Distribution will be coordinated by the Institute for the Regulation and Control of Cannabis (IRCCA). According to its website, over 4,600 people have already signed up for the government database. Meanwhile, in America, marijuana advocates are worried the country’s top enforcer, Attorney General Jeff Sessions, will initiate stringent anti-marijuana measures. He once said “good people don’t smoke 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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New Jersey Begins Marijuana Legalization Effort https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-jersey-marijuana-legalization-effort/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-jersey-marijuana-legalization-effort/#respond Tue, 20 Jun 2017 19:49:54 +0000 https://lawstreetmedia.com/?p=61549

The state would be the ninth to legalize recreational marijuana.

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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.

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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Massachusetts Marijuana: Voters Could See Huge Spike in Sales Tax https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/massachusetts-marijuana-sales-tax/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/massachusetts-marijuana-sales-tax/#respond Sat, 17 Jun 2017 13:40:19 +0000 https://lawstreetmedia.com/?p=61454

The proposed sales tax would be the highest in the country.

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"pre '98 bubba" Courtesy of Mark: License (CC BY 2.0)

Massachusetts marijuana advocates are up in arms over a new House-backed proposal that could more than double the total sales taxes on recreational marijuana before the new industry is even up and running.

The legislation is part of a proposed re-write of the state’s new recreational marijuana law approved by voters in a November referendum. According to a draft copy of the legislation, the new bill would raise the current total sales tax from 12 percent to 28 percent, the highest in the country.

However, marijuana advocates claim the actual tax rate could reach as high as 56 percent, and as high as 80 percent for some edibles, because the tax is compounded. A 21.75 percent tax from wholesaler to retailer would be added on top of the 28 percent from retailer to customer.

“This tax rate is directly contrary to the will of the voters and so is the lack of voter voice at the municipal level,” Senator Patricia D. Jehlen, cochair of the marijuana committee, told the Globe. “Both will preserve the illicit market.’’

The bill, drafted by the House chairman of the Legislature’s Marijuana Policy Committee, would also give municipal officials–instead of local voters–the power to ban cannabis shops and farms.

“Its removal of ban authority from local voters will give a handful of selectmen the ability to overrule the opinion of their own constituents,” said Jim Borghesani, who managed communications for the ballot measure and who represents the national pro-legalization group Marijuana Policy Project.

The law was originally slated for a House vote on Thursday, but the vote was postponed until next week. House Speaker Robert DeLeo said the hope is to get the final version of the bill to Gov. Charlie Baker’s desk before July.

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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California Legal Marijuana Market Could Generate $5B, Study Finds https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/study-california-marijuana-market-generate-5b/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/study-california-marijuana-market-generate-5b/#respond Mon, 12 Jun 2017 21:09:11 +0000 https://lawstreetmedia.com/?p=61332

Legalization is set to take effect next January.

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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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Cannabis in America June 2017: Check Out This Venture Capitalist’s Take on Cannabis https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-june-2017/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-june-2017/#respond Mon, 05 Jun 2017 20:20:01 +0000 https://lawstreetmedia.com/?p=61152

Check out our June Cannabis in America newsletter!

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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

Don’t Give Up on Recreational Marijuana, Vermont!

Vermont still has a chance to become the ninth state, in addition to the District of Columbia, to legalize recreational marijuana, even after Governor Phil Scott’s down-to-the-wire veto last month. The Republican governor told the Associated Press that negotiations are currently in the works to address his concerns regarding public safety. If the governor strikes a deal with legislative leaders, he says he’ll reach out to House Republicans to encourage them not to block the passage of the bill.

California Could Become a “Sanctuary State” from Federal Pot Law

California just became that much closer to becoming a safe haven for legal marijuana users. The state assembly approved a bill Thursday that would make California a “sanctuary state,” where local and state police would be barred, without a court order, from helping federal drug agents arrest people complying with state laws. Despite some opposition from law enforcement, AB 1578 managed to narrowly pass with a majority 41-32 votes. The bill is now awaiting the Senate’s consideration.

Nevada’s Weed Launch Date in Peril Thanks to Liquor Lawsuit

If you have dreams of smoking legal marijuana in Sin City, I wouldn’t plan on booking a Las Vegas vacay anytime soon. Nevada’s July 1 recreational marijuana launch date is in jeopardy after a district judge prohibited the Department of Taxation from issuing cannabis distribution licenses under the adopted regulations. The order comes in response to a lawsuit filed by liquor wholesalers, who claim the legislative measure gives them exclusive rights to marijuana distribution licenses for the first 18 months of sales.

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

What is a Marijuana Lawyer?

By Charlie Alovisetti

When people ask me what I do for a living, I usually give the simple response: “I’m a lawyer.” Which usually ends the conversation. But sometimes people will ask, “what kind of law?” My response: “marijuana.” This is when people suddenly perk up, “so what do you actually do?” No, it doesn’t mean that I smoke a joint while drafting documents. And while that sounds like fun, THC and asset purchase agreements don’t play well together. The answer varies for each marijuana lawyer as there are several different types. But all marijuana lawyers share one thing in common–we represent marijuana businesses for a living.

Vermont Governor Rejects Marijuana Legalization Bill

By Alec Siegel

The two-week wait is over: Vermont Gov. Phil Scott vetoed legislation 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.

California’s Prop 64 Will Reduce Sentences for Some Nonviolent Offenders

By Alec Siegel

Some convicts in California who have been charged with marijuana-related felonies are seeing their fortunes change with the 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.


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.

There is no question the cannabis industry is growing rapidly, and as more states legalize marijuana, more business will crop up. For Michah Tapman, the Managing Director of Canopy, a Boulder-based venture capital firm that invests in cannabis-related technology and services, the future is here now. Law Street’s Alec Siegel spoke with Tapman about what he looks for in a potential investment, the future of the cannabis industry, and more.

AS: What do you look for in a cannabis start-up?

MT: The number one investment criteria for us is the people. Because laws and regulations are changing so quickly, people need to be flexible, very well educated, coachable, and willing to make changes. One thing we know about the industry is that it won’t look tomorrow like it does today. Like any high growth industry, you need to know how to adapt.

AS:  Have you or the companies you work with adapted in any way since the Trump Administration came into office?

MT: The Administration definitely has scared a lot of people. Personally, [Attorney General] Jeff Sessions is opposed to marijuana. But from a policy point of view, neither Trump nor Sessions has made a policy statement indicating that they’ll crack down. They have concerns about medical marijuana, but those are personal statements. That doesn’t mean my business and my policy is going to change.

AS: How do you see the cannabis industry changing over the next five to 10 years?

MT: I see a seismic shift in the level of sophistication for cultivation. Drastic price reduction both in production costs and retail pricing, consolidation, and then fragmentation. [The cannabis industry] is not going to have a lot of mid-market players in my opinion. That will be driven by efficiencies. [Cannabis] is going to legalize. The question is when. As an investor what I’m betting on is people that are able to adapt to changing environments.


Cannabis Culture

Americans Buy More Marijuana Than Ice Cream

By Alexis Evans

Believe it or not, but Americans will probably spend more money on weed this year than ice cream. A new report from Marijuana Biz Daily expects retail sales to increase by more than 30 percent, hitting somewhere from $5 billion to $6 billion in 2017. The estimated total demand, however, for marijuana in the United States, including the black market, is around $45 billion to $50 billion. 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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Detroit’s Medical Marijuana Dispensaries are Closing by the Hundreds https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/detroit-medical-marijuana-dispensaries/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/detroit-medical-marijuana-dispensaries/#respond Tue, 30 May 2017 18:34:50 +0000 https://lawstreetmedia.com/?p=61016

City officials have embarked on a large-scale effort to reign in dispensaries.

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"Detroit" Courtesy of Nic Redhead; License: (CC BY-SA 2.0)

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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Vermont Governor Rejects Marijuana Legalization Bill https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/vermont-governor-rejects-marijuana-legalization-bill/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/vermont-governor-rejects-marijuana-legalization-bill/#respond Wed, 24 May 2017 20:06:32 +0000 https://lawstreetmedia.com/?p=60948

Vermont would have become the ninth state to legalize recreational pot.

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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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California’s Prop 64 Will Reduce Sentences for Some Nonviolent Offenders https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/prop-64-in-california-has-reduced-sentences-for-some-nonviolent-convicts/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/prop-64-in-california-has-reduced-sentences-for-some-nonviolent-convicts/#respond Tue, 23 May 2017 15:41:10 +0000 https://lawstreetmedia.com/?p=60899

Prop 64 did more than just legalize recreational marijuana.

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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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New Jersey Senator Proposes Marijuana Legalization Measure https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-jersey-marijuana-legalization/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-jersey-marijuana-legalization/#respond Wed, 17 May 2017 14:49:33 +0000 https://lawstreetmedia.com/?p=60792

The senator said his goal is to lay the groundwork for legalization under the next governor.

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New Jersey State Senator Nicholas Scutari introduced legislation on Monday that would legalize recreational marijuana use in the Garden State. But in a news conference, Scutari said he does not expect his bill to pass under the current governor, Chris Christie, who is a fervent critic of recreational marijuana. Instead, his intention is to create the groundwork for the next governor to build on.

“It is time to end the detrimental effect these archaic laws are having on our residents and our state,” Scutari said. His proposal would legalize limited quantities of marijuana for recreational use. Medical marijuana, while strictly regulated, is already permitted in New Jersey. Per Scutari’s legislation, possession of up to once ounce of marijuana would be legal. Home cultivation would not be allowed. And a sales tax on marijuana would be imposed, increasing over time.

New Jersey is one of a number of states that have recently proposed a marijuana legalization bill. Last November, many states passed ballot measures that legalized pot use, both recreationally and medically. Currently, medical marijuana is legal in 29 states and D.C. Recreational marijuana is legal in eight states and D.C. But under Christie, full legalization in New Jersey has gone nowhere. In the early stages of his presidential campaign in 2015, he said marijuana is banned at the federal level and “should be enforced in all 50 states.”

With New Jersey’s gubernatorial election taking place in November, Scutari’s proposal, along with any other marijuana legalization effort, is unlikely to have any impact until next year. The Democratic front-runner in the race to replace Christie, Phil Murphy, has expressed support for reforming New Jersey’s marijuana laws. And Lt. Gov. Kim Guadagno, the Republican front-runner, has not explicitly stated her views concerning marijuana reform.

But for now, legalizing recreational marijuana in New Jersey is a far-fetched endeavor. Earlier this month, Christie said “crazy liberals” want to legalize marijuana. “They want that blood money? Let them do it,” the governor said. Perhaps foreshadowing the fortunes of Scutari’s bill, Christie added: “And they will. Let me tell you something — this will be like priority number one come January. I guarantee you, if we have a Democratic governor, it will be priority number one.”

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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Definition of “Open and Public” Marijuana Use Still Hazy in Colorado https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/colorado-definition-open-public-marijuana-use-unclear/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/colorado-definition-open-public-marijuana-use-unclear/#respond Tue, 16 May 2017 15:24:12 +0000 https://lawstreetmedia.com/?p=60770

Five years after legalization, lawmakers are still at odds over consequential details.

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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.

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Vermont Legislature Passes Recreational Marijuana Bill https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/vermont-recreational-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/vermont-recreational-marijuana/#respond Wed, 10 May 2017 20:52:42 +0000 https://lawstreetmedia.com/?p=60691

The bill is now on the governor's desk to sign.

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Vermont State Capitol Courtesy of Jim Bowen : License (CC BY 2.0)

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.

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.

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Michigan May Have a Marijuana Legalization Measure on the 2018 Ballot https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/michigan-submits-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/michigan-submits-marijuana/#respond Sat, 06 May 2017 14:24:59 +0000 https://lawstreetmedia.com/?p=60607

The state failed to put a legalization measure on the 2016 ballot.

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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.

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Cannabis in America May 2017: Learn How Legislators Are Aiming to Protect Cannabis Customers https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-may-2017/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-may-2017/#respond Mon, 01 May 2017 21:23:36 +0000 https://lawstreetmedia.com/?p=60514

Check out our May Cannabis in America newsletter!

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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

Marijuana Possibly Coming “Very, Very Soon” to Michigan

A Michigan coalition is expected to have another go at legalizing recreational marijuana in the state in the next few weeks. “We’re right on the precipice of being ready to launch this thing. It’s going to be very, very soon,” former state Rep. Jeff Irwin (D-Ann Arbor) the political director for the Coalition to Regulate Marijuana Like Alcohol told the Detroit Free Press. The state-wide coalition also includes MI Legalize, a group that failed to get the issue on the ballot in 2016, and the National Organization for the Reform of Marijuana Laws, or Norml. The coalition is gearing up to submit petitions for the 2018 ballot initiative soon, but does not have a formal date set.

Federal Bill Would Allow “SAFE” Banking for Marijuana Businesses

A new bill introduced last week aims to grant marijuana business owners full access to the banking industry. The Secure and Fair Enforcement Banking Act, also known as HR 2215, would allow state-licensed marijuana-related businesses the freedom to interact openly with banks without fear of repercussions from the federal government. Currently, hundreds of licensed organizations are unable to accept credit cards, deposit revenue, write checks for payroll, or claim tax deductions. Similar bills were introduced in 2013 and again in 2015. We’ll have to wait and see if the third time is a charm.

Jane Search Engine Launches to Help Cannabis Customers

A new online search engine launched this week that allows users to search for cannabis products with real-time inventory information. Jane cleverly taps into dispensaries’ POS systems to find out which locations have products available, and provides verified reviews of products for customers–including a THC rating. The company has already signed up eight stores in Santa Cruz, California, and has plans to add more dispensaries 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

Spiritual High: A Cannabis Church Opened Last Week in Denver

By Alec Siegel

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.

Homeland Security Secretary John Kelly: Marijuana “Not a Factor” in Drug War

By Alec Siegel

In an interview on “Meet the Press,” 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.

Could California Become a Sanctuary State for Marijuana Businesses?

By Alec Siegel

A bill introduced last month in California would bar state agencies from cooperating with federal law enforcement in cracking down on marijuana in the state. Marijuana is legal, both medically and recreationally, in the Golden State. That legalization is at odds with the federal marijuana ban and its classification of marijuana as a Schedule I substance. If it passes, California could become a sort of sanctuary state for marijuana growers, much like certain cities are sanctuary cities for undocumented immigrants.


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.

In mid-April, Oregon’s legislature passed a bill that protects cannabis consumers’ private information from being stored by dispensaries and other marijuana businesses. As co-sponsor of the bill, State Rep. Carl Wilson (R-3rd District) said the bill is also meant to protect marijuana consumers against any potential crackdowns by the Trump Administration, which has toyed with the idea of enforcing the federal marijuana ban. Wilson spoke with Law Street’s Alec Siegel recently about the bill–which Gov. Kate Brown signed on April 19–and more.

AS: 
What was the primary goal of the bill?

CW: The goal of much of what we have done with cannabis is to try to normalize the product, and that is to make the purchase of it much like the alcohol side of things. We find that it is a fairly tall job to try to normalize [cannabis], but a substantial side benefit was to shield the names of cannabis purchasers should there be a [federal] crackdown.

AS:  What are some other changes you’d like to see in regards to Oregon’s marijuana legalization framework?

CW: One of the biggest battles we face right now is the collision between the medical program, which has been long established, and the recently established recreational program. Since the passage of Measure 91 [which legalized recreational marijuana], there has been constant pressure to fold the medical program in with the recreational program. I come from an area of the state where marijuana growing has been a time-honored tradition. I do believe that program should be retained, and should remain autonomous [from recreational regulations].

AS: Do your constituents express concern about how the Trump Administration will enforce the federal ban? Do you have concerns?

CW: It would be wrong for me to say I have no concerns. But I feel they have bigger fish to fry at this point, and I feel they’ll stick to those fish. This hasn’t been a highly charged subject for my constituents. The people I have heard from are in the growing community who are somewhat concerned and I think our [Joint Committee on Marijuana Regulation] saw to that.


CANNABIS CULTURE

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

By Alec Siegel

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. 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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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-71/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-71/#respond Mon, 17 Apr 2017 14:35:42 +0000 https://lawstreetmedia.com/?p=60272

Check out Law Street's best of the week!

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Last week, Alabama banned judicial override in capital cases, Canada readied to legalize recreational marijuana, and China and South Korea teamed up against a nuclear North Korea. ICYMI, check out the best of the week from Law Street below!

Will Banning Judicial Override for Capital Cases Keep Alabama Out of Court?

As of April 11, Alabama no longer grants state judges the authority to override jury recommendations in capital cases. As one of her first acts as governor, Kay Ivey signed the SB16 bill into law and put an end to judicial override in capital cases in Alabama. The move was likely a preemptive response to shifting legal tides. Had Alabama not revised its laws, it would likely have faced fierce and ongoing battles in court.

Canada Set to Legalize Recreational Marijuana in July 2018

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.

Nuclear North Korea: Can China, South Korea, and the U.S. Unite?

As tensions on the Korean peninsula continue to heat up, Chinese and South Korean officials met in Seoul on Monday and agreed to strengthen sanctions on North Korea if the state continues to carry out nuclear tests. As the two parties finalized the agreement, South Korea had to respond to news that the United States Navy dispatched a strike group to the Korean peninsula. Many in the region, and throughout the world, fear the U.S. strike force might exacerbate an already fractious situation.

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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Oregon Lawmakers Introduce Ambitious Marijuana Reform Bills https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/oregon-lawmakers-marijuana-reform-bills/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/oregon-lawmakers-marijuana-reform-bills/#respond Fri, 31 Mar 2017 14:32:40 +0000 https://lawstreetmedia.com/?p=59902

It almost seems too good to be true.

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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.

The marijuana reform plan is comprised of the following three bills:

Small Business Tax Equity Act

This bipartisan piece of legislation would “allow businesses operating in compliance with state law to claim deductions and credits associated with the sale of marijuana like any other legal business.”

Currently, under Internal Revenue Code section 280E, individuals and businesses cannot claim deductions and tax credits on Schedule I or Schedule II substances. Therefore, many of these legitimate business are forced to pay exorbitant taxes.

Responsibly Addressing the Marijuana Policy Gap Act

This multi-faceted bill aims to help reduce the gap between Federal and State law by removing federal criminal penalties for marijuana sale and possession in states that have legalized pot. Notably, this would include an expungement process for certain marijuana violations, potentially wiping away thousands of pot-related convictions.

It would also reduce advertising restrictions, provide banking services and bankruptcy protection, make sure veterans have access to state-legal medical marijuana, and protect Native American tribes from punishment under federal marijuana laws.

Marijuana Revenue and Regulation Act

Lastly, this piece of legislation would work to de-schedule, tax, and regulate marijuana similar to alcohol and tobacco. This would involve removing marijuana’s Schedule I substance designation and imposing a federal excise tax on marijuana products.

“’This could be a no-brainer for the federal government to get some of the revenue flowing’ to states with legal recreational pot,” Blumenauer said, according to the Huffington Post.

Wyden also commented on the plan in a statement that read:

The federal government must respect the decision Oregonians made at the polls and allow law-abiding marijuana businesses to go to the bank just like any other legal business. This three-step approach will spur job growth and boost our economy all while ensuring the industry is being held to a fair standard.

This detailed marijuana reform plan doesn’t come as much of a surprise. Marijuana advocates have speculated for months over whether or not Attorney General Jeff Sessions will crackdown on state marijuana programs. Wyden and Blumenauer have introduced similar legislation before to no avail, but they think this time could be different because of their plan’s “more comprehensive” approach and revenue focus.

“We think this covers all the bases,” said Blumenauer.

A full text of the bill can be found 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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Legalizing Marijuana Hasn’t Led to More Teen Use in Washington https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/legalizing-marijuana-washington-teens/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/legalizing-marijuana-washington-teens/#respond Fri, 24 Mar 2017 19:05:17 +0000 https://lawstreetmedia.com/?p=59766

Looks like marijuana critics may need to come up with a different argument.

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Marijuana opponents have frequently argued that legalizing weed encourages more underage kids to try it as 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.

The survey, which is conducted every two years, found that 26 percent of 12th graders, 17 percent of 10th graders, and 6 percent of 8th graders reported having tried marijuana over a month period in 2016–nearly the same as data collected in 2012.

A total of 230,000 Washington students from 1,000 local school in all 39 Washington counties participated in the survey as part of a collaborative effort involving the Office of the Superintendent of Public Instruction, the Department of Health, the Department of Social and Health Service’s Division of Behavioral Health and Recovery, and the Liquor and Cannabis Board.

Of the students who reported using marijuana, the vast majority said they “usually smoke marijuana” instead of eating, drinking, or vaping it. The study also found that stores aren’t making it any easier for students to buy marijuana, with 8th and 12th graders saying marijuana was just as accessible in 2014 and fewer 10th graders saying it was “very easy” to obtain.

The Washington Post noted that a separate study conducted in Washington found a small increase in marijuana use among 8th and 10th graders in the state, while a federal survey showed “no significant change in teenage marijuana use in the most recent period.”

Overall, these findings look promising for California and Massachusetts, and other states looking to begin recreational operations soon. While AG Jeff Sessions may be worried about “marijuana being sold at every corner grocery store,” this will 1) likely will never be the case and 2) not pose a particular threat to minors. With proper controls put in place, like ID verification, dispensaries can offer a sense of security to parents worried about them selling to their children. That being said, kids largely reported that marijuana is just as easy to get now as it was before the drug was legalized–legalizing it didn’t change anything in that regard.

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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Oregon Issues First Recreational Marijuana Recall After Failed Pesticide Test https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/first-marijuana-recall/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/first-marijuana-recall/#respond Wed, 22 Mar 2017 17:24:19 +0000 https://lawstreetmedia.com/?p=59722

But not before some customers bought the tainted batch.

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The Oregon Liquor Control Commission (OLCC) recalled a shipment of recreational marijuana due to a failed pesticide test, it announced on Saturday. While the OLCC issued a “health alert” for two strains that were tainted with high levels of pesticides in 2016, it was the first recall since Oregon legalized marijuana in 2015. The commission recalled over nine pounds of Blue Magoo, a strain of marijuana sold at the Buds 4 U dispensary in Mapleton, a small town 45 miles west of Eugene.

The recall was “due to the identification of potentially unsafe pesticide residue on retail plant material produced from marijuana cultivated by Emerald Wave Estate, LLC,” a press release from the OLCC said. “The affected marijuana failed a pesticide test for pyrethrins exceeding the Oregon Health Authority action level for this class of pesticide.”

Though Oregon legalized marijuana in July 2015, its first retail dispensary did not open until last fall. The recall is a reminder of the regulatory hurdles dispensaries and growers face in the contradictory nature of America’s marijuana laws; the drug is illegal at the federal level, while eight states and Washington D.C. have legalized it recreationally. Over half of all states have legalized medical marijuana.

But given the federal classification of the drug as a Schedule I substance–in the same league as LSD and heroin–states are extra careful when drafting regulations. So how did Blue Magoo manage to slip through the regulatory cracks?

Between March 8 and March 10, according to OLCC spokesman Mark Pettinger, Buds 4 U sold 82.5 grams of Blue Magoo to 31 customers. On March 10, using the state’s Cannabis Tracking System, the dispensary noticed that the strain failed the pesticide test. It immediately notified the OLCC, which issued the recall on Saturday. There have been no reports of illness since the potentially harmful buds were sold between March 8-10, according to the OLCC statement.

And although Buds 4 U quickly complied with the OLCC (“They get the gold star,” Pettinger said), the dispensary could still face a penalty. Failing to keep proper records is a Class III violation which, for a first offense, could carry a 10-day suspension and a $1,650 fine. Four Class III violations in a two-year period could lead to a permanent closure.

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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Fact-Checking Jeff Sessions’s Claim that “Medical Marijuana Has Been Hyped, Maybe Too Much” https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/medical-marijuana-has-been-hyped/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/medical-marijuana-has-been-hyped/#respond Wed, 15 Mar 2017 20:36:23 +0000 https://lawstreetmedia.com/?p=59584

Sessions made some concerning statements about marijuana today.

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As soon as Jeff Sessions was nominated by President Donald Trump for the position of Attorney General, pro-medical marijuana advocates had reason to feel uneasy. Sessions has long been anti-marijuana, and while he has previously indicated that federal enforcement of marijuana law wouldn’t change too much, there are still concerns that under his tenure, the DOJ will decide to crack down. Sessions addressed law enforcement officials in Richmond, Virginia, earlier today, and his comments about marijuana should only heighten those concerns. But was Sessions right?

Let’s check out what he said:

He stated, “I think medical marijuana has been hyped, maybe too much.” He went on to say:

I realize this may be an unfashionable belief in a time of growing tolerance of drug use. But too many lives are at stake to worry about being fashionable. I reject the idea that America will be a better place if marijuana is sold in every corner store. And I am 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. Our nation needs to say clearly once again that using drugs will destroy your life.

That’s a lot to unpack. Here are the three biggest issues with Sessions’s comments:

“Marijuana Sold in Every Corner Store”

That would be unfortunate, but no one is proposing anything like that. Every state that has legalized marijuana also puts in place a way to regulate sales–the only exception perhaps being the very grey area of D.C.’s sort-of legal marijuana laws that are still being blocked by Congress. Medical marijuana is similarly strictly regulated. And it’s also worth pointing out that two things that are arguably just as dangerous as weed, and certainly more addictive–alcohol and cigarettes–are available at corner stores. Sessions’s comment about “marijuana sold in every corner store” is clear fear-mongering. It paints pro-legalization efforts as extreme and impractical, and ignores the serious regulatory work that goes hand-in-hand with legalization.

Legalizing recreational marijuana and extending medical marijuana efforts are not to be taken lightly. Many considerations are paramount–for example, how marijuana affects young people, and how our DUI laws need to be altered. Those concerns are not to be downplayed. But they’re not to be fabricated either, and the idea that marijuana will suddenly be as easy to get as groceries is a falsehood.

“One Life-wrecking Dependency for Another That’s Only Slightly Less Awful” and “Using Drugs Will Destroy Your Life”

Heroin is absolutely a life-wrecking dependency. And given the huge rise in overdoses, particularly in rural areas of the United States, it’s heartening to hear a politician talk seriously about combatting it. But claiming that marijuana is a “life-wrecking dependency” is, once again, clear fear-mongering on Sessions’s part.

Marijuana dependence is certainly possible. Studies indicate that less than 10 percent of people who use marijuana become dependent on it, although that number rises to 17 percent if you look exclusively at people who begin using marijuana in their teens. Heroin, however, is one of the most addictive drugs out there. (And perhaps we should tell AG Sessions that alcohol and tobacco, available at your friendly neighborhood corner store, also rank in the top 10 most addictive drugs.)

Again, this is not to say that marijuana shouldn’t be strictly regulated, or that it’s impossible to become addicted to it. But to compare heroin addiction to marijuana does a serious disservice to the millions of Americans who have been affected by heroin. Fighting against marijuana–whether that be medical marijuana or recreational marijuana–is not going to do much to combat heroin addiction. Other factors, like prescription drug use, are significantly more pressing. Almost 80 percent of heroin addicts report having misused prescription drugs prior to getting hooked on heroin. While people who are addicted to marijuana are three times more likely to become addicted to heroin than non-addicts, people who abuse prescription opioid painkillers are a staggering 40 times more likely to become addicted to heroin.

“Medical Marijuana Has Been Hyped, Maybe Too Much”

Generally speaking, Sessions’s remarks today were confusing. While he said “medical marijuana has been hyped, maybe too much,” it’s unclear that he was speaking just about medical marijuana. His rhetoric–“legalizing marijuana” and “sold in every corner store” seemed to track more with arguments against recreational marijuana. And if he was talking about medical marijuana, that’s equally confusing, given that there’s evidence to suggest that opioid use does decrease in states that legalize medical marijuana. Given the deadliness of opioid overdoses compared to marijuana (note: there were zero overdoses on marijuana in 2015) that possibility seems at the very least worth exploring.

Sessions did roll back his comments during a question and answer segment after his remarks. He said that the Obama-era Cole Memo, which de-prioritizes the enforcement of federal anti-marijuana law in states where it has been legalized, was “valid.” But the fact that Sessions made the remarks in the first place indicate that pro-medical and recreational marijuana advocates have every reason to remain concerned.

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.

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Cannabis in America March 2017: Will Colorado Be First to Legalize “Pot Clubs”? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-march-2017/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-march-2017/#respond Mon, 06 Mar 2017 21:56:00 +0000 https://lawstreetmedia.com/?p=59370

Check out our March Cannabis in America newsletter!

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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.


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.

Dr. Sheryl Ryan is a pediatrician and the co-author of a new report titled“Counseling Parents and Teens About Marijuana Use in the Era of Legalization of Marijuana.” Dr. Ryan recently spoke with Law Street’s Alec Siegel about pediatricians’ role in keeping marijuana away from kids, and if they will prescribe medical marijuana to young people in the future. The following conversation has been edited and condensed for clarity.

AS: Do you see yourself and other pediatricians as a line of defense for marijuana use among kids?

SR: Absolutely, as much as we can be. People look to us. Parents do see pediatricians as having a legitimate voice. There is a certain respect for what we say. But those are only the parents that we see; there are many kids we don’t have access to. There are many kids whose parents have their own views of things and won’t listen to what we have to say. There aren’t too many other people who are speaking for kids in terms of health other than pediatricians.

AS: Do you think children, teens, and young adults should be able to use marijuana in a medical capacity?

SR: There are going to be cases of compassionate use. There may be a kid who is at the end of life, getting chemotherapy, and has nausea. In that case, should I be worried about that kid’s final brain development? No. We try to recognize that there are going to be cases where we should be able to work with parents and allow [their children] to use marijuana. We’re against blanket application across the board.

AS: Do you see a day where pediatricians prescribe marijuana to young people?

SR: I see that in the future. I’ve been to conferences where people are doing cutting edge research about a lot of different compounds in the marijuana plant. People are looking at benefits on the immune system. There’s a lot of work being done in this field. We don’t hear a lot about it because it hasn’t yet been translated to clinical application. I think ultimately there will be a lot more benefits of some of the different compounds of the cannabis plant. Before you can get there, you’ve got to have the research, evaluation, and clinical trials that tells you what’s an effective dose.


CANNABIS CULTURE

A Cannabis Gym is Opening in San Francisco

By Alec Siegel

Things you find at a gym: barbells, bad dance music, bro tanks, yoga pants, and marijuana. Marijuana? At Power Plants Fitness, opening in May in San Francisco, yes, you will find 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.

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The Trump Effect?: Oregon Lawmakers Push to Protect Pot Privacy https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/oregon-lawmakers-protect-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/oregon-lawmakers-protect-marijuana/#respond Fri, 03 Mar 2017 22:13:58 +0000 https://lawstreetmedia.com/?p=59311

The battle lines have been drawn.

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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.

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A Cannabis Gym is Opening in San Francisco https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-gym-san-francisco/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-gym-san-francisco/#respond Wed, 01 Mar 2017 14:20:16 +0000 https://lawstreetmedia.com/?p=59241

Where muscles and marijuana are equally welcome.

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Image Courtesy of Victor; License: (CC BY 2.0)

Things you find at a gym: barbells, bad dance music, bro tanks, yoga pants, and marijuana. Marijuana? At Power Plants Fitness, opening in May in San Francisco yes, you will find marijuana. Founded by Jim McAlpine, with funding help from former NFL star Ricky Williams, the cannabis gym is designed to be a complete health and wellness experience. Patrons will be able to purchase marijuana edibles on-site, and consume the drug before, during, or after their workout.

Billing itself as the “world’s first cannabis gym” on its website, Power Plants Fitness “will help those who understand cannabis as a wellness tool proliferate that message to the rest of the world.” The website continues:

Power Plant trainers have a full knowledge base of both physiology and training as well as focused education in all aspects of how to integrate cannabis into one’s daily routine of ‘wellness.’ This philosophy of using cannabis for optimal states of wellness and peak performance is not new, however it has been hidden from the general public.

McAlpine, the 46-year-old serial entrepreneur who founded the gym, recently spoke with Outside Magazine about his new concept. “If you use it right,” he said, “cannabis takes the things you love and lets you love them more. With fitness that can help get you into the zone, into eye-of-the-tiger mode.”

There is scant evidence to suggest marijuana boosts athletic performance. It is on the International Olympic Committee’s list of banned substances, though only in enormous amounts. There is evidence however, that THC, the active chemical in marijuana, can reduce anxiety, loosening the muscles and the mind for a more enjoyable and, perhaps, more effective workout.

McAlpine’s latest brainchild will be opening its first branch in the Mission District of San Francisco, with plans to expand to Los Angeles, San Jose, Seattle, Denver, and Portland. In November, California was among the latest batch of states to legalize recreational marijuana. As the drug becomes more accepted–both by society and by the law–it will likely find its way to less traditional venues and concepts. Over the next few years, will marijuana be integrated into workout routines? It’s unclear, but if it does, one thing is for sure: gym-goers would have no problem downing their post-workout protein shake.

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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Congress Now Has a Bipartisan Cannabis Caucus https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/congress-cannabis-caucus/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/congress-cannabis-caucus/#respond Tue, 21 Feb 2017 15:33:00 +0000 https://lawstreetmedia.com/?p=59051

Perhaps Congress is taking the issue of marijuana legalization seriously.

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"U.S. Capitol building" Courtesy of Gage Skidmore: License (CC BY-SA 2.0)

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.

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Cannabis in America February 2017: Which State Will Be Next to Legalize? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-monthly-update-february-6-2017/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-monthly-update-february-6-2017/#respond Mon, 06 Feb 2017 22:07:10 +0000 https://lawstreetmedia.com/?p=58691

Check out our new Cannabis in America newsletter!

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"Blackberry Kush, Indica" Courtesy of Dank Depot : License (CC BY 2.0)

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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

Maryland Lawmakers Push For Recreational Marijuana 

During a news conference last week, a trio of Democratic Maryland lawmakers said they would introduce two pieces of legislation: one to tax recreational marijuana sales, and another to regulate a legal market. The bills would regulate and tax marijuana like alcohol: use would be permitted for adults 21 and up, and it would be illegal to consume marijuana in public. Cultivators would pay a $30 per ounce excise tax, and there would be a 9 percent sales tax levied on retail products.

Will Rhode Island Reject Recreational Weed…Again?

After multiple failed attempts, Rhode Island could finally legalize recreational marijuana. State Representatives Scott Slater (D-Providence) and Joshua Miller (D-Providence) have proposed a new measure to legalize recreational marijuana for those 21 years and older. The Cannabis Regulation, Control, and Taxation Act will include mandatory product testing and labeling, restrictions on advertising, funding to law enforcement, limits on THC quantity per product, and mandatory reviews for all sale products.

Hawaii Approves First Two Medical Dispensaries 

After two years of waiting, Maui Wellness Group, d.b.a. Maui Grown Therapies, and Aloha Green Holdings on Oahu have been given the green light from the Hawaii State Department of Health to begin growing medical marijuana. The state legalized dispensaries in 2015, and sales were originally set to begin in July 2016. However, growers were still waiting on a seed-to-sale tracking system to be implemented, which stalled the approval.

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

Recreational Marijuana is Officially Legal in Maine

By Alec Siegel

After nearly three months of being suspended in legislative limbo, Maine’s recreational marijuana bill officially went into effect on January 30. 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 January 27, retail sales of marijuana will be frozen until February 2018, giving lawmakers time to close any loopholes that appeared in the original legalization measure.

Will New Mexico Legalize Recreational Marijuana Next?

By Alexis Evans

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 January 25, sponsors in both the house and senate announced their proposals for parallel marijuana bills that would include a 15 percent tax on sales.

Israeli Government Will Pay $2 Million to Fund Medical Cannabis Research

By Alec Siegel

Israel’s Ministries of Agriculture and Health announced that they will be collaborating to pour over $2 million in state funds into medical cannabis research. It is the first collaborative effort between the two departments. The cash infusion is projected to fund 13 studies, which range from developing new medical cannabis strands to investigating the plant’s effects on multiple sclerosis.


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. First up: Jackie Subeck. 

Subeck is the CEO of cannabis lifestyle brand Hey Jackpot, and the Vice Chair of the Women Grow Los Angeles chapter. In November, California passed a ballot measure to legalize recreational marijuana.  Alec Siegel spoke with Subeck to learn more about 2017 becoming “the year of local” cannabis. The following conversation has been edited and condensed for clarity.

AS: What attracted you to work in cannabis advocacy?

JS: [Cannabis] is such a fantastic plant, [with] what this plant is capable of doing worldwide to help humankind; I just wanted to learn more about that. My part is to get that information out there, spread the message, and work toward making it legal. I don’t believe in prohibition.

AS: How will Prop 64 (California’s marijuana legalization measure that was passed in November) impact your work with Women Grow Los Angeles?

JS: I’ll spend more time educating people, and now that [Prop 64] passed, I’m able to learn what people are stuck on, what they’re confused about, and what things are going to be really important moving forward when we talk about implementation of the law.

AS: What’s next for cannabis in California?

JS: 2017 is the year of local, where 2016 was the year of the state. Now that things are passed in the state, the localities have to get in the game and start fixing up their city laws, writing ordinances, and figuring out reforms that make sense to them to work for them. It’s really important that we get the implementation right.


Cannabis Culture

Two-Thirds of Cops Support Legalizing Marijuana in Some Form

By Alexis Evans

Like most Americans, a majority of police officers think that marijuana laws should be relaxed, according to a new survey from the Pew Research Center. 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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Will Maryland be the Next State to Legalize Recreational Marijuana? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/maryland-marijuana-legalization-bill/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/maryland-marijuana-legalization-bill/#respond Wed, 01 Feb 2017 15:23:21 +0000 https://lawstreetmedia.com/?p=58555

Some think the state needs to iron out its medical program first.

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Image Courtesy of Brant Kelly; License: (CC BY 2.0)

Maryland might be the next state to legalize recreational marijuana. During a news conference on Monday, a trio of Democratic lawmakers said they would introduce two pieces of legislation: one to tax recreational marijuana sales, and another to regulate a legal market. But some Maryland Democrats would like to see the state iron out its medical marijuana program before tackling recreational use.

The bills propose regulating and taxing marijuana like alcohol is regulated and taxed: use would be permitted for adults 21 and up, and it would be illegal to consume marijuana in public. Cultivators would pay a $30 per ounce excise tax, and there would be a nine percent sales tax levied on retail products.

“This legislation will effectively end the failed policy of cannabis prohibition in Maryland and replace it with a much more sensible system,” said Sen. Richard Madaleno (D-Montgomery), one of the sponsors of the bills. “It establishes a thoughtful regulatory scheme and tax structure based on best practices and lessons learned from other states.”

The proposed regulatory framework is modeled after Colorado, which legalized recreational marijuana in 2012. Revenue from the taxes would funnel into community school programs, substance abuse treatment and prevention programs, and workforce development programs. Maryland has been slowly creeping toward full legalization since 2013, when the state legalized medical marijuana.

The state’s medical program was deliberated on for nearly three years: permits were finally issued to growers, processors, and dispensaries in 2016. But after lawsuits and complaints about how the permits were issued, medical marijuana patients in Maryland will not have access to the drug until sometime this year. Until the medical program is fully implemented, some lawmakers and activists say, recreational legislation should not be put forward.

“We need to get the medical marijuana program up and running before we move to full-blown legalization,” Del. Cheryl D. Glenn (D-Baltimore) told The Washington Post. But according to a poll from last fall, most Marylanders (61 percent) support legalizing recreational marijuana, up from 49 percent in 2014.

Del. David Moon (D-Montgomery) is introducing separate legislation that would allow voters in 2018 to determine if the state’s constitution should be changed to legalize marijuana. In order to end up on the 2018 ballot, a constitutional amendment would need to garner a two-thirds majority vote in the legislature. Moon is confident that, somehow, Maryland will legalize recreational marijuana. “You can smell the inevitability of this in the air,” he 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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Recreational Marijuana is Officially Legal in Maine https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/maine-officially-legalizes-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/maine-officially-legalizes-marijuana/#respond Mon, 30 Jan 2017 22:10:04 +0000 https://lawstreetmedia.com/?p=58532

But retail sales will not begin until next year.

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"Maine's State House" Courtesy of Jim Bowen; License: (CC BY 2.0)

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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Will New Mexico Legalize Recreational Marijuana Next? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-mexico-legalize-marijuana-bills/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-mexico-legalize-marijuana-bills/#respond Thu, 26 Jan 2017 20:20:20 +0000 https://lawstreetmedia.com/?p=58435

Sixty-one percent of likely voters said they would support full legalization.

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"Marijuana Joint" Courtesy of Martin Alonso: License (CC BY 2.0)

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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Cannabis Group to Hand Out Thousands of Free Joints on Inauguration Day https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-free-joints-inauguration/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-free-joints-inauguration/#respond Wed, 04 Jan 2017 21:48:41 +0000 https://lawstreetmedia.com/?p=57974

4,200 joints will be handed out as protesters march to the National Mall.

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Image Courtesy of nick v; License: (CC BY-SA 2.0)

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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Israel’s Drug Enforcement Body Recommends Decriminalizing Marijuana https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/will-israel-decriminalize-marijuana-soon/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/will-israel-decriminalize-marijuana-soon/#respond Mon, 12 Dec 2016 22:17:03 +0000 http://lawstreetmedia.com/?p=57559

Will the Health Minister accept the recommendation?

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Image Courtesy of Chris Yunker; License: (CC BY-SA 2.0)

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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Recount Begins for Maine’s Recreational Marijuana Ballot Measure https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/recount-begins-for-maines-marijuana-ballot-measure/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/recount-begins-for-maines-marijuana-ballot-measure/#respond Mon, 05 Dec 2016 20:47:31 +0000 http://lawstreetmedia.com/?p=57388

The measure passed by a few thousand votes in November.

The post Recount Begins for Maine’s Recreational Marijuana Ballot Measure appeared first on Law Street.

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"Maine's State House" Courtesy of Jim Bowen; License: (CC BY 2.0)

Officials in Maine on Monday morning began a recount of ballots from Election Day. Because the state’s recreational marijuana legalization measure, Question 1, passed by a narrow margin (about 4,000 votes), officials wanted to confirm the results of a measure that would have wide-ranging effects in the Pine Tree State. If the results are confirmed, Maine would join three other states–California, Massachusetts, and Nevada–that passed recreational legalization measures on November 8.

The Maine secretary of state’s office has signaled that the recount could take up to a month. The recount–which is taking place in the state capital of Augusta–could cost at least $500,000. State police will be transferring ballots, locked away in password-protected boxes, from 503 towns across the state.

Question 1 would allow Maine residents who are at least 21 years old to possess up to 2.5 ounces of marijuana. Home cultivation would be limited to up to six plants. If the measure passes, state officials would have nine months to construct a regulatory framework.

Governor Paul LePage, in a video released before the vote, said marijuana “can be deadly.” Likening it to heroin, he said, “we do not need to legalize a drug that could lead to more deaths.” LePage, a staunch opponent of the measure, added: “Before you vote, please educate yourself on this dangerous issue.”

The measure was passed by a slim margin, with 381,692 voters supporting Question 1, and 377,619 opposing it. LePage, a Republican, supports the recount, and has said that he would implore President-elect Donald Trump to enforce the federal ban on marijuana. If Trump did respect states’ wishes, however, LePage said he would respect that decision as well.

Election Day was a sizable victory for marijuana advocates, as eight states (nine if the Maine results are confirmed) passed marijuana measures in some form, though marijuana remains illegal at the federal level. Maine residents will have to wait at least a few more weeks to see if their state joins the growing list of states that have legalized the drug since 2012. Maine legalized medical marijuana in 2009.

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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Election Results: How Did States Vote on Recreational Marijuana? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/election-results-states-vote-recreational-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/election-results-states-vote-recreational-marijuana/#respond Wed, 09 Nov 2016 18:23:04 +0000 http://lawstreetmedia.com/?p=56777

Marijuana legalization has a big night!

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Image Courtesy of Jurassic Blueberries : License (CC0 1.0)

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

“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.

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Pusha T Joins Coalition of Artists Voting “Yes” on California’s Prop 64 https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/pusha-t-voting-yes-prop-64/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/pusha-t-voting-yes-prop-64/#respond Wed, 02 Nov 2016 19:09:13 +0000 http://lawstreetmedia.com/?p=56623

The proposition would legalize recreational marijuana in the state.

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"Pusha T" Courtesy of Rodrigo Díaz : License (CC BY-ND 2.0)

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.”

The measure currently leads by 17 percentage points in the latest Public Policy Institute of California poll, and is expected to pass.

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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Election Day 2016: Top 5 Ballot Measures to Watch https://legacy.lawstreetmedia.com/elections/election-day-ballot-measures-issues-watch/ https://legacy.lawstreetmedia.com/elections/election-day-ballot-measures-issues-watch/#respond Mon, 31 Oct 2016 18:10:53 +0000 http://lawstreetmedia.com/?p=55998

What will you get to weigh in on at the voting booth?

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Image courtesy of KOMUnews; License: (CC BY 2.0)

Right now we all hear a lot of “Hillary Clinton this,” “Donald Trump that.” Love or hate Donald and Hillary, the 2016 presidential election has dominated our newsfeeds and happy hour conversations. And don’t get me wrong–the presidential election is incredibly important. But many of the laws that affect us on a day-to-day basis are made at the state level, often by our state legislators, but also by us, the American people. States give voters the opportunity to weigh in on important questions, and in some cases directly impact our state’s laws through ballot measures. And there’s a bunch up for grabs this year that millennials should be paying attention to. Learn more about ballot measures, and Law Street’s picks for the top five types of ballot measures we should all be paying attention to below. 

What is a Ballot Measure?

Generally speaking, a ballot measure is a public vote on a proposed issue or question that voters get to weigh in on. Rules about ballot measures vary from state to state and there are a few different ways that ballot measures end up on the ballot. One type, a ballot initiative, requires signatures from citizens who want to see the question weighed by voters. Another option is legislative referral, in which the legislature puts up a law it’s considering to be voted on. In some states, this process is required to pass an amendment to the state constitution.

Why Should I Care About Ballot Measures?

They give you a chance to weigh in directly on issues. America’s government is, at its core, a representative democracy. We elect people to make decisions for us, and we have to accept that sometimes we don’t like those decisions. We, as millennials, routinely answer in polls that we don’t trust the government, the path our country is on, or our elected officials.

But ballot initiatives are different–they’re a real, legitimate way to vote on issues we care about. There’s not really political middlemen to deal with. They’re direct democracy. Regardless of how you feel about the politicians you’ll be asked to vote for in November, it’s important that you make your voice heard on these issues, many of which can and likely will affect millennials.

Gun Control

Image courtesy of Peretz Partensky; License: (CC BY-SA 2.0)

Image courtesy of Peretz Partensky; License: (CC BY-SA 2.0)

What States are Looking at Gun Control Measures?

California’s Proposition 63: Proposition 63, which is also called the “Safety for All Initiative,” would prohibit Californians from owning high-capacity magazines, make any gun theft a felony, and tighten a variety of loopholes regarding felons owning guns. The especially contentious part of the proposal, however, is that it would require a background check and a four-year permit to obtain ammunition. Here’s the full text.

Maine’s Question 3: Question 3 would require a background check when an individual who is not a licensed firearm dealer sells or transfers a gun to another individual. They would have to meet at a licensed firearm dealer in order to conduct the background check, although there are exceptions, such as for family members. Here’s the full text.

Nevada’s Question 1: Nevada will be asking voters to vote on whether firearm transfers have to go through licensed gun dealers, and therefore be required to have a background check. Like Maine, there would be some exceptions to these provisions, like temporary transfers or transfers to family members would not require a gun dealer. Here’s the full text.

Washington’s Initiative 1491: Formally named the “Individual Gun Access Prevention by Court Order” a “yes” vote on this initiative would allow the use of courts to issue “extreme risk protection orders,” that would prevent someone from having a firearm. This would be used for people who pose a serious threat to themselves or others. Here’s the full text.

Image copyright of Law Street Media

Image copyright Law Street Media

Why should we be paying attention to gun control measures?

From Columbine, to Virginia Tech, to Sandy Hook, our lives have been marked by high profile gun violence. We learned what to do if there was an armed shooter in our schools–a drill that probably would have been unthinkable to our parents. We grew up watching violent movies and playing first person shooter video games–a phenomenon that had some worried about the relationship between young people and violence. And guns affect many of our daily lives too–54 percent of Americans killed by gun violence in 2010 were under the age of 30. But exactly how to deal with this violence hasn’t necessarily manifested itself in strong support for one side or the other: do we need more control or less?

Millennials remain split on gun control measures as a whole. A 2015 Gallup poll found that 50 percent of millennials support more gun control, which stands in contrast to 57 percent of the 30-49 age bracket. A 2015 Pew poll also saw millennials almost perfectly split on whether or not to ban assault weapons.

These measures give us the chance to weigh in more directly depending on how we feel about the prospect of more restrictions and the Second Amendment.

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.

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How Will Marijuana Be Marketed if it’s Legalized in California? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/how-will-marijuana-be-marketed-once-its-legal-in-california/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/how-will-marijuana-be-marketed-once-its-legal-in-california/#respond Wed, 19 Oct 2016 17:12:34 +0000 http://lawstreetmedia.com/?p=56288

The state's legalization measure stipulates no marketing to children.

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Image Courtesy of Dank Depot; License: (CC BY 2.0)

In the weeks leading up to November 8, America’s attention remains squarely on the presidential race. But Election Day will bring scores of ballot measures to voters across all 50 states as well. In nine states, voters will be weighing in on legalizing marijuana in some form, either medically or recreationally.

Early polls in California–one of states to include a full-tilt legalization measure on its ballot–indicate that it will join the handful of states where marijuana is currently legal in all forms. Opponents and proponents of the California measure, Proposition 64, have their sights set on the next battlefield once legalization becomes a reality: marketing.

Proposition 64, or the Adult Use of Marijuana Act, contains a number of provisions aimed at ensuring marijuana will be safely marketed. These include:

  • All marijuana product labels must include a government warning that includes the phrase, “please use extreme caution.”
  • Billboards can portray marijuana advertisements, but must be located further than 1,000 feet away from a day care, school, playground, or youth center.

But even with the safe-marketing measures baked into Prop. 64, some opponents of legalization remain worried that as the drug is legalized, companies will commit to mass marketing strategies aimed at turning a profit.

Once cannabis is legalized in California, opponents see a period of experimentation, as brands are weeded out and the big players emerge, perhaps paving a landscape similar to Big Tobacco. This would include a landscape consisting of mass marketing campaigns fueled by a few dominant companies.

Prop. 64 contains additional stipulations aimed at preventing a monopolistic environment. For the first five years of legalization, producers are only allowed to cultivate up to 22,000 square feet.

Though Prop. 64 contains measures safeguarding against marketing, and especially marketing to children, the federal classification of marijuana as an illegal substance and a Schedule I drug will prevent marijuana from being marketed on television or radio in California, even if the measure passes on Election Day.

In an interview with the San Francisco Chronicle, California’s Lieutenant Governor Gavin Newsom, a legalization supporter, noted how federal law will block many marketing efforts at the state level for the time being. He said:

Oregon, Washington, Alaska, and Colorado have legalized cannabis for recreational use for adults. None of those markets have any advertising, because [marijuana] is federally prohibited. You cannot legally advertise [marijuana] on our airwaves, radio, or TV.

Brands, he said, will design their products to appeal to people. “But targeting our kids,” Newsom said. “Absolutely not. And we’re going to keep an eye on that, and we’ve got to hold ourselves accountable.”

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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Will New Jersey Start Treating Weed like Tobacco? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/will-new-jersey-start-treating-weed-like-tobacco/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/will-new-jersey-start-treating-weed-like-tobacco/#respond Sat, 24 Sep 2016 23:16:09 +0000 http://lawstreetmedia.com/?p=55739

Is New Jersey about to make a bold move?

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Image courtesy of [Manuel via Flickr]

New Jersey legislators are now weighing a bill that would legalize recreational marijuana in the state. A new bill introduced by New Jersey State Assemblyman Michael Patrick Carroll, a Republican, would treat it a lot like tobacco, by allowing it to be sold at places like gas stations, grocery stores, and convenience stores.

Marijuana would be able to be sold to individuals over the age of 19 in unlimited amounts. Carroll told Politico:

To me it’s just not a big deal. It’s already ubiquitous. Anybody who thinks this is somehow going to increase the availability of marijuana has never been 19. If that’s the case, then what’s the big deal about having it available at the local 7-Eleven?

The whole point here is to get the government out of the business of treating at least marijuana use as a crime and treat it instead as a social problem.

The legalization of recreational marijuana at the state level obviously doesn’t mean that New Jersey users would be in the free and clear when it comes to federal law–weed is still treated as a Schedule I substance. This can also be problematic for businesses selling recreational marijuana in states that have legalized it–for example, national banks may be reluctant to work with them, and the IRS doesn’t allow businesses that sell marijuana to take certain tax deductions.

It’s also important to note that this legalization wouldn’t affect medical marijuana, which is already legal in the state of New Jersey.

Carroll’s introduction of the bill is somewhat interesting, given that he is viewed as one of the most conservative state legislators in New Jersey. And while he claims that he has never used marijuana himself, he has consistently taken bold stances when it comes to drug laws. For example, Carroll has repeatedly said the “War on Drugs” has been a failure.

But one of Carroll’s fellow Republicans may create a problem if the bill makes it to the governor’s desk–Governor Chris Christie has promised to veto any bill that legalizes recreational marijuana. While Christie is about to be term limited out from running again, there’s no way to know what the next governor’s position on recreational marijuana will be like.

But the fact that a lawmaker is even proposing treating marijuana like tobacco would have been borderline unthinkable just a few years ago. A handful of states have officially legalized recreational use, and more states are considering it in November. Keep an eye on Law Street’s Cannabis in America coverage to stay as up-to-date as possible.

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.

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Since Legalizing Marijuana, More Colorado Children Are Ingesting Edibles https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/marijuana-edibles-colorado-children/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/marijuana-edibles-colorado-children/#respond Wed, 27 Jul 2016 20:59:41 +0000 http://lawstreetmedia.com/?p=54411

New study finds a slight uptick since 2014, when Colorado legalized weed.

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"Edibles, Homemade" Courtesy of [Dank Depot via Flickr]

A new study shows a link between recreational marijuana legalization in Colorado and the incidence of children who need medical treatment for ingesting the drug. The study, released Monday by pediatricians at Children’s Hospital Colorado (CHC) in Aurora, retroactively reviewed 163 cases involving marijuana treatment in toddlers ages zero to nine. The cases spanned between 2009 and 2015. Recreational marijuana was legalized in Colorado in 2014.

In 2009, the CHC’s emergency room admitted one child seeking treatment for marijuana ingestion. In 2015, a year after Colorado legalized marijuana entirely: 16 children were treated for a marijuana-related emergency. Forty-eight percent of the 163 cases during that period involved children who ingested marijuana in its edible form: candies, baked goods, and other sweet treats that contain THC, the psychedelic component of marijuana.

The rate of children visiting the hospital for marijuana ingestion increased after weed became legal in Colorado. During the two years prior to the legalization, 1.2 in 100,000 children visited the children’s hospital for marijuana-related issues. That figure increased to 2.3 per 100,000 children during the two years post-legalization. Additionally, the regional poison center in Aurora received nine calls in 2009 regarding children who had ingested marijuana, compared to 47 calls in 2014.

Dr. George Sam Wong, the study’s lead author, said his team’s findings help shed light on the impact state-wide legalization can have on children, and hopes it will lead to smarter regulations. In a video on the JAMA Pediatrics journal website, where his study was published, Wong said:

As more states decide to legalize both medical and/or retail recreational marijuana, we need to be cognizant about the public health impacts in all ages, but also in the young children, and think about proper regulations and rules to help prevent some of these exposures and ingestions.

Current requirements in Colorado require edible manufacturers to use packaging that is difficult for children to get into. Colorado, the first state to legalize recreational marijuana, also introduced new dosing regulations in 2015. Dr. Wong said the next step will be to analyze how other states change as they legalize marijuana. He also said the impacts of regulations that are already in place should be evaluated.

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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Californians to Vote on Recreational Marijuana in November https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/californians-legalize-marijana-november/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/californians-legalize-marijana-november/#respond Wed, 29 Jun 2016 20:36:44 +0000 http://lawstreetmedia.com/?p=53611

Legalization makes it onto the ballot.

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"legalise" courtesy of [new 1lluminati via Flickr]

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.

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Whoopi Goldberg is a Ganjapreneur Who Wants to Help Treat Your Period Cramps https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/whoopi-goldberg-is-a-ganjapreneur-who-wants-to-help-treat-your-period-cramps/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/whoopi-goldberg-is-a-ganjapreneur-who-wants-to-help-treat-your-period-cramps/#respond Wed, 30 Mar 2016 20:33:47 +0000 http://lawstreetmedia.com/?p=51598

The actress is working on a new product line.

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"Eco Rock 2013" courtesy of [Rainforest Action Network via Flickr]

Whoopi Goldberg is the latest celebrity to try to get in on the legal marijuana market. She has started the “Whoopi & Maya brand,” which will produce marijuana-infused products advertised as solutions for pesky period cramps.

Goldberg is teaming up with Maya Elisabeth from Om Edibles, an all-female edibles company, hence the company name. They plan on starting with four products, available this April. The products will only be sold in California right now due to complicated legal restrictions in other states. According to the Daily Beast, the product line will include:

A ‘raw sipping chocolate’ infused with CBD or THC, a tincture (liquid extract) for ‘serious discomfort,’ a THC-infused bath soak, and a topical rub for localized pain.

Goldberg has been transparent about her marijuana use, particularly the fact that she uses a vape pen to help her with pain relief and dealing with stress. Goldberg explained her motivation for creating these products, highlighting the difficulties that are inherent in using medical marijuana:

For me, I feel like if you don’t want to get high high, this is a product specifically just to get rid of discomfort. Smoking a joint is fine, but most people can’t smoke a joint and go to work.

This, you can put it in your purse. You can put the rub on your lower stomach and lower back at work, and then when you get home you can get in the tub for a soak or make tea, and it allows you to continue to work throughout the day.

It makes sense that Goldberg wants to tap into the rapidly-growing marijuana market. The results of early legalization in states like Colorado and Washington look very good, the market is growing annually by 31 percent, and some experts estimate that it could become a $20 billion market by 2020.

While others have called their product niche, Goldberg and Elisabeth disagree, given that women do make up a little over half of the United States population. If the marijuana industry grows as quickly as is expected, and these products catch on, Goldberg and Elisabeth could have a total winner on their hands.

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.

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Newspapers Can’t Run Marijuana Ads if They Want to Use the Postal Service https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/newspapers-cant-run-marijuana-ads-if-they-want-to-use-the-postal-service/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/newspapers-cant-run-marijuana-ads-if-they-want-to-use-the-postal-service/#respond Mon, 21 Dec 2015 20:17:29 +0000 http://lawstreetmedia.com/?p=49689

Dispatches from the messy intersection of state and federal law.

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Image courtesy of [Don Buciak II via Flickr]

Recreational marijuana may be legal in four states (and the District of Columbia) but it’s still not legal at the federal level. This has caused some problems and inconsistencies with between states and federal agencies–most recently, the United States Postal Service has declared that it is illegal to mail materials, including newspapers, that advertise marijuana.

This revelation comes after the Democrats of Oregon’s Congressional delegation wrote a letter to the Postal Service asking the agency to explain its policy. That inquiry was sparked by a memo that was circulated in the Portland, Oregon, postal district that stated that it was illegal for any media sources to run ads for marijuana and still distribute their publications through the Postal Service. The Democrats of the Oregon Congressional delegation explained their frustrations with the Postal Service’s policy, which they say is too rigid and doesn’t respect the voters of Oregon, stating:

We are working as a delegation to quickly find the best option to address this agency’s intransigence. Unfortunately, the outdated federal approach to marijuana as described in the response from the Postal Service undermines and threatens news publications that choose to accept advertising from legal marijuana businesses in Oregon and other states where voters also have freely decided to legalize marijuana.

In response, the Postal Service explained that “the Postal Service has released a national policy, which also spells out that local postal officials can’t refuse mail that contains pot ads, but they must report it; the matter must then be turned over to law enforcement agencies who can decide if an investigation is warranted.”

So, it’s actually pretty unclear what will happen if a newspaper or magazine publishes an ad for marijuana–the Washington Post points out that it’s tough to determine whether or not any prosecutions would come from breaking the policy. The law being broken would technically be advertising for illicit goods, but as the Washington Post states: “federal authorities have generally not cracked down on pot sales in states where they’re legal.”

Given that the number of states that have legalized marijuana are a notable minority, and traditional advertising isn’t necessary flourishing, this may not be a big deal. But it’s another messy manifestation of the current divide between state and federal law–one that only threatens to widen as more states legalize recreational marijuana.

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.

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College Students Are Smoking More Marijuana, Fewer Cigarettes https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/college-students-smoking-more-marijuana-fewer-cigarettes/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/college-students-smoking-more-marijuana-fewer-cigarettes/#respond Wed, 02 Sep 2015 16:14:43 +0000 http://lawstreetmedia.wpengine.com/?p=47517

College students are changing how they party.

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Image courtesy of [Jirka Matousek via Flickr]

College students are big partiers–that’s no secret. But their vice of choice may be changing. Marijuana use is up among college students, surpassing cigarettes for the first time. Even more surprisingly, rates of alcohol abuse are also falling.

The study looked at 1,500 students at two and four year universities around the country in order to reach its conclusions. According to the study, habitual cigarette usage among students is down to about five percent, a sizable drop from years past. Just 16 years ago, in 1999, 19 percent of college students reported daily cigarette use. On the other hand, almost six percent of college students use marijuana daily. That’s the highest rate since 1980, when data reporting marijuana use among college students was first reported.

The rate of students using marijuana semi-regularly is also up. According to the Chicago Tribune: “Twenty-one percent of the college students surveyed said they had used marijuana at least once during the previous month, and 34 percent said they had used it in the past year.”

Incidences of dangerous drinking among college students are also decreasing. Binge drinking among college students, defined as having five or more drinks in a row in the past two weeks has dropped  from 44 percent in 1984 to 35 percent in 2014. Extreme binge drinking, which is defined as “having had 15 or more drinks in a row at least once in the previous two weeks,” is falling. Only five percent of students reported that behavior in this year’s study.

But this news isn’t unique to college students. This sort of shift is consistent with the general population’s views on cigarettes and marijuana. Now that multiple states have legalized the recreational use of marijuana, and medical use is all but commonplace in many other states, the use of weed is becoming more and more acceptable. A majority of Americans–a slim majority, but a majority all the same–believe that recreational marijuana should be legalized for adults. Additionally, a majority of Americans believe that alcohol is more dangerous to an individual’s health than marijuana. And possibly most strikingly, almost exactly half of Americans have tried marijuana at some point in their lives.

Of course as weed becomes more acceptable generally nationwide, it’s important that the risks that are still associated with marijuana, particularly for young people, are not overly minimized. Some studies have raised concerns that for young people whose brains are still developing, marijuana can have some negative long term effects.

That being said, overall there’s a lot of good news in the study. Alcohol and cigarettes have long been consumed at worrisome levels by college students. College students will probably always partake in illegal substances, but changes to the ways in which they do so will probably continue to reflect the national zeitgeist when it comes to drug and alcohol acceptance.

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.

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2 Chainz vs. Nancy Grace: Rapper Wins Debate Over Legalizing Pot https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/pot-debate-nancy-grace-vs-2-chainz/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/pot-debate-nancy-grace-vs-2-chainz/#comments Thu, 15 Jan 2015 14:59:12 +0000 http://lawstreetmedia.wpengine.com/?p=32047

HLN viewers were gifted TV comedic gold the other night.

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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.

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.

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.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-week-11/ https://legacy.lawstreetmedia.com/news/icymi-best-week-11/#comments Mon, 29 Dec 2014 18:20:47 +0000 http://lawstreetmedia.wpengine.com/?p=30731

It's still the holiday season, and during this time of the year it's easy to forget to check the news. Luckily, Law Street has you covered with this week's edition of "In Case You Missed It.

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It’s still the holiday season, and during this time of the year it’s easy to forget to check the news. Luckily, Law Street has you covered with this week’s edition of “In Case You Missed It.” Our top story last week covered the ongoing legal battle between Colorado, Nebraska, and Oklahoma over Colorado’s legalization of recreational marijuana, written by Anneliese Mahoney. Our number two post, by Lexine DeLuc,a should help any Serial fans out there with their withdrawals–it’s a great collection of parodies inspired by the hit podcast. Finally, rounding out the list was a story from blogger Katherine Fabian on how to spot fake handbags during your holiday gift shopping. ICYMI: Check out what you missed on Law Street last week.

#1 Nebraska and Oklahoma Sue Colorado Over Marijuana Legalization

Colorado voted to legalize recreational marijuana in 2012, and officially started selling it in the beginning of this year. Now, almost a year later, Colorado is experiencing some backlash for its choice to legalize. Two of Colorado’s neighbors–Nebraska and Oklahoma–are suing the state because of the impact of legal marijuana within their borders. Read the full article here.

#2 Five Parodies to Get You Through Serial Withdrawal

Serial‘s first season has ended and if you’re feeling a little separation anxiety, here are the top five parodies to help fill that void. The list includes selections from Saturday Night Live, Funny or Die, SubmissionsOnlyTV, and even a few parodies with multiple episodes. Read the full article here.

#3 Holiday Gift Guide: How to Authenticate a Designer Handbag

It’s almost 2015 and there is now a plethora of consignment sites to get your second-hand designer goods. But as great as sites like Ebay, Amazon, and the new Alibaba are, sometimes sellers aren’t always honest when they claim their items are authentic. So to make sure that you don’t get duped (like my poor brother did when he ordered those fake Nikes from China) I’ve put together a handy guide on how to spot a fake. Read the full article here.

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.

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ICYMI: Top 10 Political Stories of 2014 https://legacy.lawstreetmedia.com/news/10-political-moments-2014/ https://legacy.lawstreetmedia.com/news/10-political-moments-2014/#respond Thu, 25 Dec 2014 13:00:08 +0000 http://lawstreetmedia.wpengine.com/?p=30336

Check out Law Street's top 10 political stories of 2014.

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Image courtesy of [Katie Harbath via Flickr]

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

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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

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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.

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Nebraska and Oklahoma Sue Colorado Over Marijuana Legalization https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nebraska-oklahoma-sue-colorado-legalized-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nebraska-oklahoma-sue-colorado-legalized-marijuana/#comments Mon, 22 Dec 2014 20:04:43 +0000 http://lawstreetmedia.wpengine.com/?p=30517

Two states are suing Colorado because of the impact of legal marijuana.

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Colorado voted to legalize recreational marijuana in 2012, and officially started selling it in the beginning of this year. Now, almost a year later, Colorado is experiencing some backlash for its choice to legalize. Two of Colorado’s neighbors–Nebraska and Oklahoma–are suing the state because of the impact of legal marijuana within their borders.

Nebraska and Oklahoma have filed a lawsuit petitioning the Supreme Court to declare Colorado’s legalization of marijuana unconstitutional. Leading the charge are Nebraska and Oklahoma’s Attorneys General: John Bruning and E. Scott Pruitt.

The reason that they’re bringing it before the court is that marijuana is still illegal under federal law. Nebraska and Oklahoma’s constitutional argument has to do with the supremacy clause, which essentially says that federal law supersedes state law. Still it’s going to be a tough argument to make, given that Nebraska and Oklahoma are trying to make changes to what goes on within another state. Cases that center on disputes between states are pretty rare–although they do definitely fall within the jurisdiction of the Supreme Court. Since 1960, only 140 such cases have been brought in front of the Supreme Court, and they’ve refused to hear about half of those. The court has not yet said whether or not they’ll consider this one.

While Nebraska and Oklahoma are making a constitutional argument, there are more practical reasons why they don’t want Colorado to have legalized weed anymore. Both states share borders with Colorado, and weed keeps creeping over them. Both states are claiming that this illegal influx is making it difficult to enforce their individual anti-marijuana polices, as well as putting stress on their law enforcement personnel. That’s understandable–there is some evidence to indicate that weed is coming out of Colorado and into other states. As the New York Daily News pointed out:

But the Rocky Mountain High Intensity Drug Trafficking Area wrote in a recent report that the amount of Colorado pot seized on highways increased from an annual average of 2,763 pounds between 2005 and 2008 to a yearly average of 3,690 pounds from 2009 to 2013. The weed was headed for at least 40 different states.

That being said, there’s no evidence to suggest that the increase is directly tied to Colorado’s decision to legalize weed. After all, during the majority of the years included in that report, weed wasn’t even legal in Colorado. As Morgan Fox from the Marijuana Policy Project put it,

Marijuana was widely available in Nebraska and Oklahoma well before Colorado made it legal. It would continue to be available even if Colorado were to all of sudden make it illegal again.

Colorado has every intention of fighting the lawsuit–Attorney General John Suthers has even said that it’s without merit.  While it’s still uncertain whether or not the justices will hear this particular case, it’s an interesting look at the ways in which the ability of different states to make new laws affects their neighbors.

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.

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