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  2. A Massachusetts joint legislative committee is advising the legislature not to pass a psychedelics legalization initiative—but activists are already collecting additional signatures to put the reform before voters on the November ballot. Lawmakers were required to consider the psychedelics measure, spearheaded by the campaign Massachusetts for Mental Health Options (MMHO), after the state certified advocates had submitted enough valid signatures in an initial petitioning round last year. The legislature had until May 1 to make a decision before the campaign was cleared to collect another 12,429 signatures by July 3 to secure ballot placement. Last week, the Special Joint Committee on Ballot Initiatives issued a majority report that formally recommended against passing the measure as drafted. This comes just over a month after the panel held a hearing to gain expert feedback on the proposal. The report acknowledges that a growing body of scientific literature shows psychedelics such as psilocybin “may be highly effective in addressing a variety of adverse mental health conditions” when administered in a controlled environment. But it says these “promising findings, however, have not provided evidence that the widescale recreational legalization of these substances would be beneficial, let alone safe.” The joint committee also said it believes the measure’s primary goals of licensing psychedelics service centers while broadly decriminalizing the substances for adults “likely undercut each other by creating two separate systems for the use of psychedelic substances.” “The petition would both create a system of state-licensed and taxed therapeutic facilities on the one hand and, on the other, decriminalize the cultivation, possession, and distribution of a variety of hallucinogenic and psychoactive substances,” it said. “Voters are, therefore, being asked to simultaneously establish a potentially costly licensure system that imposes regulations on the cultivation methods, quality of product and allowable means of engaging certain users, while at the same time making the same substances widely available for individual cultivation and use across the Commonwealth in a non-licensed manner.” Because the proposal would allow adults to legally possess certain amounts of psychedelics outside of a licensed center and “gift” the substances, lawmakers said that would likely lend to an unregulated market. “The Committee finds that this loophole would likely subvert the safety regulations imposed on licensed facilitators by permitting the growth of an unregulated, unlicensed marketplace,” the report says. Members further cautioned that the licensed psychedelics industry would face the same barriers to financial services that the existing marijuana market does due to federal prohibition, raising concerns about creating another cash-intensive marketplace that would pose public safety risks. “For these reasons, we, the majority of the Special Joint Committee on Initiative Petitions, recommend that ‘An Initiative Petition for a Law Relative to the Regulation and Taxation of Natural Psychedelic Substance’ (see House No. 4255) as currently drafted and presented to this Committee, OUGHT NOT TO BE ENACTED BY THE LEGISLATURE AT THIS TIME.” The report also noted that the committee received input from the state psychedelics advocacy group Bay Staters for Natural Medicine (BSNM), urging lawmakers to make various revisions to the legalization initiative. But the panel cited court precedent stipulating that the state Constitution only authorizes the legislature to “provide minor technical changes to an Initiative Petition.” MMHO, the campaign behind the initiative, didn’t waste any time launching a final signature gathering round to put the issue before voters this November. Jennifer Manley, a spokesperson for the campaign, told Marijuana Moment on Monday that they “weren’t surprised with the findings” in the report, though she pushed back on the idea that decriminalization and regulation provisions are in conflict. She said “there are restrictions and guardrails” in place under the measure that would protect against potential abuses. “We are really excited about it. We had to collect many in the fall—and in the process of doing so, you get to meet so many people who are already passionate about this issue, and then you have the chance to educate voters who are not,” she said. “So we had a really enthusiastic response in the fall, and we are expecting to have the same enthusiastic response now to have the signatures” for ballot placement. “When we started doing this—when we started gathering signatures in the fall—we didn’t know what we were going to encounter. You never know when you’re going out to public spaces,” she said. “And we were met with overwhelmingly positive support. It was great.” Here are the key details of the Natural Psychedelic Substances Act: Adults 21 and older could legally possess, grow and share certain amounts of psychedelics. The covered psychedelics and possession limits are: DMT (one gram), non-peyote mescaline (18 grams), ibogaine (30 grams), psilocybin (one gram) and psilocin (one gram). Those weight limits do not include any material that the active substances are attached to or part of. The penalty for possession of amounts of up to double the limit would be a $100 civil fine, with amounts above that remaining criminalized. A Natural Psychedelic Substances Commission would be created to oversee the implementation of the law and licensing of service centers and facilitators. The body, which is modeled on the state’s existing Cannabis Control Commission, would be required to enact rules for regulated access of at least one psychedelic by April 1, 2026. Regulations for the rest of the substances would need to be created by April 1, 2028. It would also need to start accepting applications by September 30, 2026. A Natural Psychedelic Substances Advisory Board would “study and make recommendations” to the commission about issues such as public health, regulations, training for facilitators, affordable and equitable access, traditional use of psychedelics and future rules, including possible additions to the list of legal substances. Psychedelics purchased at licensed facilities would be subject to a 15 percent excise tax, and localities would have the option of imposing an additional two percent tax if they permit the centers to operate in their area. Revenue would be used to fund regulation of the program. There are no provisions on expunging prior convictions for activities that would be made legal. Local governments could enact regulations on the time, location and manner of service centers, but they could not outright ban them from operating in their area. Adults could propagate psychedelics in a maximum 12X12 ft. space. There would be civil legal protections related to professional licensure, child custody and public benefits for people who participate in a legalized psychedelic activity. The effective date of the law would be December 15, 2024. The commission and advisory board would need to be created by March 1, 2025. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — The campaign first filed two different psychedelics reform initiatives in August, and after the state attorney general determined that they both met the constitutional requirement for ballot placement the following months, activists decided to pursue the version that included a home cultivation option. Eight cities across Massachusetts have enacted policies to locally deprioritize enforcement of laws against psychedelics, an effort that has been led by BSNM: Salem, Somerville, Cambridge, Easthampton, Northampton, Amherst, Provincetown and Medford. Meanwhile, a different Massachusetts legislative committee advanced a bill in February that would legalize psilocybin therapy in the Commonwealth and set up a framework to license facilitators who would supervise medical, therapeutic and spiritual applications of the drug. Separately, Gov. Maura Healy (D) in January drew attention to testimony around a veterans-focused bill that she’s introduced to create a psychedelics work group that would study the therapeutic potential of substances such as psilocybin. Another bill would authorize the Department of Public Health to conduct a comprehensive study into the potential therapeutic effects of synthetic psychedelics like MDMA. Rep. Mike Connolly (D) also filed a bill in 2021 that received a Joint Judiciary Committee hearing on studying the implications of legalizing entheogenic substances like psilocybin and ayahuasca. Biden Should Release People In Prison For Marijuana, Criminal Defense Lawyers Group Tells White House Image courtesy of Kristie Gianopulos. The post Massachusetts Joint Committee Urges Lawmakers Not To Pass Psychedelics Legalization Initiative, Teeing Up Final Push For Ballot Placement appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  3. The National Association of Criminal Defense Lawyers (NACDL) is calling on the Biden administration to decriminalize marijuana and commute the sentences of people still incarcerated over federal cannabis offenses. In a recent letter sent to White House officials, the association said it is advocating for the “immediate commutation of sentences, compassionate release and second chances for persons convicted of non-violent marijuana offenses.” The letter was sent last week, on the same day that it was revealed that the Drug Enforcement Administration (DEA) has agreed to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). “The continued prosecution of marijuana crimes continues to cause irreparable harm on real people and their families,” it says. “Men and women languish in federal prisons across this country for conduct today that has been legalized in many states and under statues that have been rewritten to reflect the evolving landscape in the field of marijuana.” NACDL then summarized the cases of four clients, “out of many, that deserve the President’s serious consideration in receiving presidential clemency, and what he has extolled as what every American deserves, and that is, a second chance.” The individuals are all serving decades-long sentences for non-violent cannabis convictions. “We hope that you will consider these clients, and the 26 other of our clients who are incarcerated for marijuana offenses and whose clemency petitions are pending before President Biden, in granting them clemency, and a second chance,” the letter concludes. NACDL News Release: Decriminalization of Marijuana and Clemency Urged for Non-Violent Cannabis Offenses: Nation’s Criminal Defense Bar Calls on President Biden Read more: https://t.co/ly2G4a7Wsv pic.twitter.com/1cy95YyW55 — NACDL (@NACDL) May 3, 2024 In a press release last week, NACDL President Michael Heiskell also weighed in on the administration’s move to reschedule marijuana, calling it a “positive step” but one that should be followed up with congressional action to legalize cannabis, enact regulations and “provide retroactive sentencing relief for individuals incarcerated for federal marijuana offenses.” While President Joe Biden has granted mass pardons for people who’ve committed federal marijuana possession offenses, he’s drawn a distinction with cases involving the cultivation and distribution of cannabis. Late last month, the president did issue another round of clemency to more than a dozen people with non-violent federal drug convictions, though none of them involved marijuana. Vice President Kamala Harris promoted the administration’s pardons at a White House event last month, reiterating that she doesn’t believe “people should have to go to jail for smoking weed.” She previously hosted cannabis pardon recipients at an earlier event where she called for marijuana legalization behind closed doors. Advocates are encouraged to see the administration continue to grant and promote clemency for people criminalized over drugs, but this latest round served as a reminder that thousands of people remain incarcerated over federal marijuana offenses. Last month, 36 members of Congress implored Biden to grant clemency to all Americans currently in federal prison over non-violent cannabis convictions by commuting their sentences, pointing out that the pardons he’s issued to date for simple possession cases did not release a single person from incarceration. But as the election approaches, it’s clear that the administration recognizes the popularity of cannabis policy reform. Both Biden and Harris touted their reform actions at exactly 4:20pm ET on the cannabis holiday 420 last month, for example. The president also discussed the marijuana actions in a historic context in March, during his State of the Union address. Florida GOP Formally Opposes Marijuana Legalization Ballot Initiative, Clearing Path For DeSantis To Fund ‘Counter Message’ Campaign The post Biden Should Release People In Prison For Marijuana, Criminal Defense Lawyers Group Tells White House appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  4. The Florida Republican Party has officially come out against a marijuana legalization initiative that will appear on the November ballot, clearing the way for Gov. Ron DeSantis (R) to raise money to fund an opposition campaign against the measure. The governor plans to fundraise for campaigns opposing both the cannabis initiative and an abortion rights proposal heading into the election, funneling the money through the state Republican Party, according to a local media report. Members of the organization formally voted to adopt the anti-legalization position on Saturday. “We support killing the [marijuana and abortion] amendments as a party because it’s not good policy for the state,” Republican Party of Florida Chair Evan Power told The Miami Herald. “When you look at it, it seems like these amendments are out of step with what Floridians want.” An advisor to the governor also confirmed that DeSantis will “use his financial position to raise money for a counter message for both of those amendments.” DeSantis previewed his plans of “getting involved in different ways” to oppose the proposed constitutional amendments late last month. He’s maintained that there’s no need to expand upon the state’s existing medical cannabis program and argued that further legalization would make Florida worse off, in part because he says the smell of marijuana would be more widespread. “I don’t want this state to be reeking of marijuana,” he said last month. “We’re doing fine. We don’t need to do that.” Update: the @FloridaGOP took its vote on the recreational marijuana amendment today and is “officially opposed,” per Party Chair @EvanPower. The vote no campaigns on marijuana and abortion can now begin. https://t.co/o8rv4Yezci — Alexandra Glorioso (@aglorios) May 4, 2024 DeSantis also claimed the motives of the campaign behind legalization were profit-driven. “There’s people that will benefit financially if these things pass, and that’s what’s driving this, is the ability for people to line their pockets,” he said. “On the marijuana one, you’re going to have marijuana everywhere.” He also previously predicted voters will reject the marijuana initiative in November and argued that passage would “reduce the quality of life” in the state. Floridians would need to pass the medical marijuana industry-backed legalization initiative with at least 60 percent of the vote for it to become law. Recent polling released by USA Today/Ipsos suggests that might be a tall order, however: The survey found that 56 percent of Florida registered voters and 49 percent of Florida adults overall back the cannabis measure. A separate Florida Atlantic University (FAU) and Mainstreet Research poll found that only a 47 percent plurality of voters back the cannabis initiative, compared to 35 percent opposed and 18 percent undecided. Economic analysts from the Florida legislature and DeSantis’s office, estimate that the marijuana legalization initiative would generate between $195.6 million and $431.3 million in new sales tax revenue annually if voters enact it. Those figures could increase considerably if lawmakers opted to impose an additional excise tax on cannabis transactions that’s similar to the ones in place in other legalized states. If approved, the measure would change the state Constitution to allow existing medical cannabis companies in the state, such as Trulieve, the campaign’s main financial contributor, to begin selling marijuana to all adults over 21. It contains a provision that would allow—but not require—lawmakers to take steps toward the approval of additional businesses. Home cultivation by consumers would not be allowed under the proposal as drafted. Adults would be able to purchase and possess up to one ounce of cannabis, only five grams of which could be marijuana concentrate products. The three-page measure also omits equity provisions favored by advocates, such as expungements or other relief for people with prior cannabis convictions. Nearly all of the campaign’s financial backing has come from existing medical marijuana businesses, predominantly multi-state operators. Recently, the Florida Division of Elections (DOE) released the campaign finance activity report from the first quarter of the year, showing nearly $15 million in new contributions. Trulieve, the main financial backer of the initiative, led the pack again with $9.225 million in donations during the first quarter. That follows the company previously contributing about $40 million as advocates worked to collect more than one million signatures to qualify for ballot placement. The company’s CEO said recently that, contrary to the governor’s claims, legalization could actually “improve quality of life” for residents. Here’s what the Smart & Safe Florida marijuana legalization initiative would accomplish: Adults 21 and older could purchase and possess up to three ounces of cannabis for personal use. The cap for marijuana concentrates would be five grams. Medical cannabis dispensaries could “acquire, cultivate, process, manufacture, sell, and distribute marijuana products and marijuana accessories to adults for personal use.” The legislature would be authorized—but not required—to approve additional entities that are not currently licensed cannabis dispensaries. The initiative specifies that nothing in the proposal prevents the legislature from “enacting laws that are consistent with this amendment.” The amendment further clarifies that nothing about the proposal “changes federal law,” which seems to be an effort to avoid past legal challenges about misleading ballot language. There are no provisions for home cultivation, expungement of prior records or social equity. The measure would take effect six months following approval by voters. Here’s the full text of the ballot title and summary: “Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Applies to Florida law; does not change, or immunize violations of, federal law. Establishes possession limits for personal use. Allows consistent legislation. Defines terms. Provides effective date.” — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Smart & Safe Florida announced in March that it was working to form a coalition of veterans to build voter support for the reform. The campaign has since formally launched that initiative. Despite his opposition to the initiative, DeSantis, a former GOP presidential candidate who dropped out of the race in January, previously accurately predicted that the state’s highest court would ultimately allow the measure on November’s ballot. DeSantis also weighed in on another relevant cannabis policy issue earlier this year when, while still a presidential candidate, he said that he doesn’t believe the federal gun ban for state-legal marijuana consumers is constitutional. Florida’s former agriculture commission, Nikki Fried, brought a lawsuit against the Biden administration over the rule, though the governor did not get involved. Prior to dropping out, DeSantis also said that if elected president, he would “respect the decisions that states make” on marijuana legalization despite his personal view that the reform has a “negative impact.” Biden’s Marijuana Rescheduling Move ‘Adds Support’ For Pennsylvania Legalization Effort, Governor’s Office Says The post Florida GOP Formally Opposes Marijuana Legalization Ballot Initiative, Clearing Path For DeSantis To Fund ‘Counter Message’ Campaign appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  5. “Patients are seemingly leaving the program because they cannot afford the fees they are being charged by some doctors.” By Sophie Nieto-Muñoz, New Jersey Monitor Recreational marijuana continues to boom in the Garden State as new dispensaries open every week two years after the industry’s launch. But on the medical side, patient numbers have steadily dropped since the legalization of recreational cannabis, leaving patients concerned the program is floundering while the state fails to do enough to maintain a robust program for people who depend on marijuana as medicine. “It’s like they’re not even faking an effort anymore, like feigning interest in saving the program. It just seems like there’s so much more they can do, and I don’t understand why they stopped caring about the medical program,” said Michael Wiehl, a medical marijuana patient and local advocate. “They just did.” As of April 15, around 80,000 medical patients remain in the state’s medical cannabis program, which began in January 2010. Enrollment peaked in May 2022 at more than 129,000 people, before steadily dropping amid the opening of recreational cannabis stores, according to state data. Sales of medical marijuana have also plummeted, with about $226 million in sales in 2022, compared to $124 million in 2023. And recreational sales brought in over $675 million last year—almost five times as much revenue as medicinal, state data shows. It was expected medical enrollment would drop once recreational cannabis became more accessible. The rate it’s falling at, though, has medical patients and activists worried. They say doctors’ visits are too expensive and there’s not enough incentive to stay in the program. But there are some perks to staying in the medical program, like extended hours, reserved parking at dispensaries, better deals, priority sales, tax exemptions and greater purchase amounts. Still, patients are voting with their feet by leaving the program behind, and state officials need to find ways to make medical cannabis a “very real part of health care in New Jersey,” said Ken Wolski, director of the Coalition for Medical Marijuana New Jersey. Officials from the state Cannabis Regulatory Commission say they’re still looking for ways to support the medical market. In an effort to get more patients registered, the agency cut medical card fees to $10—it cost $200 in 2018—or patients can get a digital card for free. Jeff Brown, the CRC’s executive director, said the state’s enrollment drop is on par with what other states have seen, and emphasized the agency’s mission includes “an unwavering commitment to patient access.” The CRC, which oversees the state’s recreational and medical cannabis markets, also pointed to the high out-of-pocket costs for doctor’s visits as a factor for the dropping enrollment. “Despite what the NJ-CRC has done so far—eliminating registration fee and requiring Alternative Treatment Center to preserve priority access for patients—patients are seemingly leaving the program because they cannot afford the fees they are being charged by some doctors,” Brown said in a statement. Under the medical marijuana law, known as the Jake Honig Law, doctors must register with the state in order to certify a patient as qualified for medical marijuana under medical conditions that include anxiety, chronic pain, cancer and migraines. Roughly 1,500 doctors are registered with the state program, and many on the agency’s list are labeled as not taking new patients. CRC officials say they have no control over the rates doctors set. Brown highlighted legislation passed during the pandemic that made telehealth renewal available to medical marijuana patients. Those services advertise for around $100 to $150. Out-of-pocket payments can be between $150 and $200 a visit, Wolski said, and doctors can ask patients to renew every 90 days or annually. “We hear from [patients] that the significant obstacles they are facing are centered around costs that are outside the purview of the NJ-CRC: cost associated with the fees charged by doctors to provide authorization forms, and the cost of cannabis and cannabis products,” Brown said. A 2022 report from Americans for Safe Access, a national cannabis patient advocacy organization, found that it’s a national trend for state medical programs to slow down as a result of recreational laws, but graded New Jersey a C+ on its medical infrastructure, largely based on its lack of a home cultivation program. The report recommended New Jersey lawmakers shift their focus from recreational legalization to “cover the existing gaps in their legal protections for patients in the medical cannabis program.” Several bills introduced in the Legislature aim to expand insurance coverage to include covering medical marijuana, but none have made it out of committee. One bill would require the CRC to start a program to subsidize 20 percent of medical cannabis purchased by qualifying patients enrolled in the state Medicaid or NJ FamilyCare programs. Wiehl also suggested lawmakers introduce a similar program that covers the cost of the doctors’ visits, or changing legislation to allow more doctors to certify marijuana patients. He also would like to see a greater push to cover the cost of medical marijuana, adding that he spends more than $15,000 a year on medical cannabis. “$1,200 a month and that’s on the cheap side. This is a lot to ask someone to pay for their medicine. If it could get covered by insurance, that’d be great, but if the medical program goes away, that’s never going to happen,” said Wiehl. And patients have long advocated for a home grow program, which would allow patients to cultivate cannabis plants at home. Both Wolski and Wiehl agreed this would spur more interest in the program. New Jersey is the only state with legalized recreational cannabis where it’s still a felony to grow marijuana plants at home. Wiehl also suggested other sweeteners such as making high dose edibles and THC drinks limited to medical patients, like the markets in Connecticut and Massachusetts. He stressed that without offering exclusive items, there’s no “reason to be on the medical side.” Because of benefits like employment protections and states that let out-of-staters with medical cards purchase cannabis, Wolski said he plans to maintain his enrollment and continue advocating for improvements to the medical marijuana program. But while Wiehl commends the CRC for the work they’ve done to improve medical marijuana space over the last decade, he fears the state’s medical program could “wither away and die.” With 52 of the state’s 125 dispensaries serving medical patients, patients may have no option but to become recreational customers, he said. The agency “let everyone come in and open up all these rec shops without forcing them into the medical side. You let all this happen, you didn’t do anything to stop it, and now we’re here,” he said. “At this point, let’s just wrap it up and move everything over to the recreational side. It’s backwards, and it leaves a bad taste in my mouth.” Brown vowed that the agency is not considering shutting down the medical side. Most patients feel satisfied with support from patient services and priorities at medical dispensaries, he said. “We are reviewing the medicinal cannabis rules and looking for ways we can better serve patients within the purview of Jake Honig Law. We believe in the capacity of cannabis in medical treatment—and Jake Honig’s Law guarantees access for patients in New Jersey,” Brown said. This story was first published by New Jersey Monitor. Florida Marijuana Legalization Campaign Activates New Veterans Coalition To Win Over Voters The post New Jersey Medical Marijuana Program Shrinks While Recreational Market Expands appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  6. A House committee in Vermont has advanced a bill that, in its current form, would create a psychedelic-assisted therapy working group to make recommendations on whether and how the state should regulate legal access to substances like psilocybin and MDMA. Before passing the measure, which has already cleared the full Senate, the House Human Services Committee narrowed the scope of the proposal, removing provisions that would have directed the task force to reconsider the “criminalization of psychedelics under State law” as well as provide “potential timelines for universal and equitable access.” Instead the group’s work would focus on “the cost-benefit profile of the use of psychedelics to improve mental health.” The eight-person task force would “review the latest research and evidence of the public health benefits and risks of clinical psychedelic assisted treatments” and “examine the laws and programs of other states that have authorized the use of psychedelics by health care providers in a therapeutic setting,” according to the latest version of the measure. Vermont’s Senate passed the bill last month on a voice vote, but there have been a number of changes since the legislation landed in the House. Rep. Anne Donahue (R), who briefly introduced the new striking amendment at Thursday’s committee hearing, said she’s “not in opposition” to further consideration of psychedelic-assisted therapy. But compared to the Senate-passed measure, she emphasized that her approach is one of “let’s just slow down a little and be careful.” Donahue said she “felt there were elements and kind of subtle messaging” in the language of S.114 that was sent over by the Senate, which she described as “a little bit presuming some outcomes and a little bit moving fast.” To that end, the committee’s striking amendment removed task force members representing the Psychedelic Society of Vermont and the Brattleboro Retreat, a psychiatric and addiction hospital. It adds representatives from the state Department of Mental Health and the nonprofit Vermont Medical Society. Along with deleting the provision that would have directed the body to evaluate the criminalization of psychedelics in Vermont, the amendment also strikes a line saying that the task force would “provide potential timelines for universal and equitable access to psychedelic-assisted treatments.” Another change removes an earlier provision directing the task force to provide an opportunity “for individuals with lived experience to provide testimony.” Donahue said her own life experiences with mental health care have left her skeptical of assurances from psychedelic-assisted therapy advocates. “I have lived the life of somebody who has been told, ‘Oh, this is safe, this is safe, this is safe.’ You know, ‘We in psychiatry and mental health know what we’re doing is safe. This is safe, this is safe, this is safe,’ and having my life practically destroyed,” she told colleagues at the hearing. “I see the new ads on TV about, ‘Oh, your distracted mother, calm her down with this drug!’ That’s a drug that’s prohibited in nursing homes, because it’s used to keep their behaviors in line. And it causes early, premature death. But, you know, give it to mom because she needs to be calmed down!” “But the FDA is really actively involved in working on it,” she continued, “and I think that [Vermont should be] following their lead rather than saying, you know, we need to jump the gun potentially.” Both MDMA and psilocybin have been granted breakthrough therapy status by the Food and Drug Administration (FDA), and recent clinical trials have MDMA on pace for possible FDA approval later this year. As originally introduced, the bill from Sen. Martine Larocque Gulick (D) would have legalized noncommercial use and possession of psilocybin, but lawmakers on the Senate Health and Welfare Committee nixed that section in March to focus instead on the therapeutic psychedelics working group. “It could be that decriminalization is going to get in the way of therapeutic use,” Sen. Ginny Lyons (D), who chairs that committee, said at the time. “What we’re looking for is the value of therapeutic use.” Thursday’s panel vote came after the committee considered the bill a day earlier, hearing testimony from Charles MacLean, a professor of medicine and associate dean for primary care at the University of Vermont’s Larner College of Medicine—who presented an informational slideshow to the panel—as well as psychiatrist Rick Barnett, co-founder of the Psychedelic Society of Vermont and legislative chair for the Vermont Psychological Association. Barnett said he’s in strong support of the bill, though in submitted testimony he emphasized that both further study of therapeutic psychedelics and decriminalization of psilocybin—as earlier versions of the bill would have done—are important policy changes. “Psychedelic use is on the increase, mainly for personal use and personal health, growth, and wellness,” he said. “Psilocybin is the safest of these substances, the easiest to obtain, and the most prolific in our state and around the country. Vermont has decriminalized possession of buprenorphine without a prescription and has legalized cannabis: both drugs arguably far more detrimental than psilocybin AND both with health benefits.” Barnett included a graph of “harm potential” caused to users and others by various drugs, as rated by experts in the United Kingdom. It shows psilocybin mushrooms as the least risky of any of the specified substances. Also this week in Vermont, the full Senate passed a bill to legalize and fund a facility in Burlington where people could use currently prohibited substances in a medically supervised environment—part of a pilot program aimed at quelling the ongoing epidemic of drug-related deaths. Lyons described that measure as an evidence-based approach to reducing opioid-related deaths in the state. “As long as there’s demand for addictive substances, these problems will persist,” she told colleagues. “H.72 will allow for the establishment of a safe haven for those with addiction at overdose protection centers.” “I know that many of you in this body think of this as a controversial topic, and I had been with you for a long time,” Lyons continued. “I had my reservations as this issue was discussed over the past seven years. And now we have a robust body of research having multiple positive effects of overdose prevention centers and no negative ones. It’s time for us to move forward.” Lawmakers in a growing number of other states have also considered psychedelics legislation this session, with many focusing on psilocybin reform and increased research. For example, the Maryland Senate and House of Delegates have both passed legislation to create a psychedelics task force responsible for studying possible regulatory frameworks for therapeutic access to substances such as psilocybin, mescaline and DMT, sending the proposal to Gov Wes Moore (D). It would be charged specifically with ensuring “broad, equitable and affordable access to psychedelic substances” in the state. And Indiana’s governor recently signed a bill that includes provisions to fund clinical research trials into psilocybin. Utah’s governor, meanwhile, allowed a bill to authorize a pilot program for hospitals to administer psilocybin and MDMA as an alternative treatment option to become law without his signature. Maine lawmakers sent the governor legislation to establish a commission tasked with studying and making recommendations on regulating access to psychedelic services. An Arizona House panel also approved a Senate-passed bill to legalize psilocybin service centers where people could receive the psychedelic in a medically supervised setting. A Connecticut joint legislative panel approved a bill to decriminalize possession of psilocybin. A bipartisan bill to legalize psychedelic service centers in California has cleared two Senate committees. The governor of New Mexico has endorsed a newly enacted resolution requesting that state officials research the therapeutic potential of psilocybin and explore the creation of a regulatory framework to provide access to the psychedelic. Alaska lawmakers are considering legislation to create a task for to study how to regulate access to psychedelics following federal approval. An Illinois committee also recently held a hearing to discuss a bill to legalize psilocybin and allow regulated access at service centers in the state where adults could use the psychedelic in a supervised setting—with plans to expand the program to include mescaline, ibogaine and DMT. Lawmakers in Hawaii also considered a bill that would provide some legal protections to patients engaging in psilocybin-assisted therapy with a medical professional’s approval. New York lawmakers said that a bill to legalize psilocybin-assisted therapy in that state has a “real chance” of passing this year. A Nevada joint legislative committee held a hearing with expert and public testimony on the therapeutic potential of substances like psilocybin in January. Law enforcement representatives also shared their concerns around legalization—but there was notable acknowledgement that some reforms should be enacted, including possible rescheduling. The governor of Massachusetts recently promoted the testimony of activists who spoke in favor of her veterans-focused bill that would, in part, create a psychedelics work group to study the therapeutic potential of substances such as psilocybin. Last month a Massachusetts joint legislative committee held a hearing to discuss an initiative that would legalize psychedelics that may appear on the November ballot if lawmakers decline to independently enact it first. Currently, there are no psychedelic drugs that are federally approved to prescribe as medicine. But that could soon change, as FDA recently agreed to review a new drug application for MDMA-assisted therapy on an expedited basis. At the start of this year, VA separately issued a request for applications to conduct in-depth research on the use of psychedelics to treat PTSD and depression. In October, the agency also launched a new podcast about the future of veteran health care, and the first episode of the series focuses on the healing potential of psychedelics. FDA also recently joined scientists at a public meeting on next steps for conducting research to develop psychedelic medicines. That came months after the agency issued historic draft guidance on psychedelics studies, providing scientists with a framework to carry out research that could lead to the development of novel medicines. Meanwhile in Congress this week, a House panel approved GOP-led bill that would instruct the U.S. Department of Veterans Affairs (VA) to notify Congress if any psychedelics are added to its formulary of covered prescription drugs. Read the revised version of S. 114 that was advanced this week by the Senate Health and Welfare Committee: GOP Senator Says Marijuana Is A ‘Gateway Drug,’ And Legalization Is A ‘Pro-Criminal, Anti-American’ Policy Photo elements courtesy of carlosemmaskype and Apollo. The post Vermont Psychedelics Working Group Bill Advances In House After Clearing Full Senate appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  8. Former DEA head on marijuana move; German legalization step 2; TX voters reject decrim; GOP senator bashes Dems on cannabis; PA gov on rescheduling Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… Your good deed for the day: donate to an independent publisher like Marijuana Moment and ensure that as many voters as possible have access to the most in-depth cannabis reporting out there. Support our work at https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW A new Congressional Research Service report analyzes the legal implications of marijuana rescheduling—including how the reform would ease industry taxes but would not bring state-regulated cannabis markets “into compliance” with federal law. Former Drug Enforcement Administration head Asa Hutchinson said the agency’s move to reschedule marijuana “reflects the reality” of public support for reform and will make it “easier to study” cannabis—though he says “we should not legalize it.” Sen. Bill Hagerty (R-TN) said marijuana is a “gateway drug” and that Democrats’ moves to legalize it amount to “pro-criminal, anti-American policies” that will “stimulate more crime on American streets.” He also argued that cannabis banking legislation “facilitates an entire infrastructure and an ecosystem for more drug usage in America.” Former Labor Secretary Marty Walsh, who served in President Joe Biden’s cabinet, called marijuana legalization a “slippery slope”—saying he’s “concerned about where we’re headed.” The German government is reportedly pursuing launching the second phase of its marijuana legalization plan involving a pilot program for commercial sales by doing it through administrative regulations rather than passing additional legislation as was initially expected. Pennsylvania Gov. Josh Shapiro’s (D) office said the federal marijuana rescheduling move bolsters his push to enact legalization in the state. The Alaska House of Representatives passed a bill to create a task force to study how to license and regulate psychedelic-assisted therapy following federal approval of substances like MDMA and psilocybin. Lubbock, Texas voters rejected a marijuana decriminalization ballot measure—a result that comes as the state attorney general is suing other cities that have already enacted similar cannabis reforms. Florida’s marijuana legalization campaign is activating a new coalition of military veterans to help educate voters about cannabis as a safer alternative to opioids. A Missouri judge ruled that counties and cities can stack marijuana taxes on top of one another, rejecting a challenge from a cannabis company. The Arkansas Alcoholic Beverage Control Division revoked a medical cannabis dispensary’s license over alleged violations, including selling more than 1,800 expired products. / FEDERAL The Food and Drug Administration is seeking sources of CBD and its metabolites for use in animal studies. The U.S, attorney for Maine provided an update on efforts to combat illegal marijuana operations in the state. Sen. Elizabeth Warren (D-MA) suggested that electing a Democratic Congress might be necessary to enact marijuana reform. Sen. Thom Tillis (R-NC) said he is open to comprehensive marijuana reform that would include banking access and product regulations. Sen. Josh Hawley (R-MO) said he is opposed to marijuana banking legislation. Sen. J.D. Vance (R-OH) complained about smelling marijuana in public. Rep. Earl Blumenauer (D-OR) discussed the benefits of marijuana rescheduling in a House floor speech. / STATES Florida Gov. Ron DeSantis (R) again complained about the smell of marijuana and said the legalization initiative on the November ballot “need[s] to be defeated.” New Mexico Gov. Michelle Lujan Grisham (D) said the federal marijuana rescheduling decision “gives me another argument that there is no reason” for Customs and Border Protection officials to continue seizing products from legal cannabis businesses in her state. South Dakota’s attorney general said federal marijuana rescheduling won’t affect the state much. The Minnesota Senate passed a bill to expedite recreational marijuana cultivation. Wyoming lawmakers discussed the implications of federal marijuana rescheduling on efforts to change the state’s laws. Massachusetts opponents of a psychedelics legalization initiative that could be on the November ballot are preparing to launch a formal campaign to defeat the measure. Vermont regulators issued a consumer protection warning about cannabis products due to a pending investigation into fungicide exposure. Illinois regulators issued additional marijuana social equity conditional dispensary licenses. Michigan regulators posted an updated best practices guide on compliance for marijuana businesses. Delaware regulators are accepting registrations to participate in a series of marijuana social equity workshops next month. The New York Cannabis Control Board will meet on Friday. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / LOCAL New York City’s sheriff issued a notice designating Department of Consumer and Worker Protection officials to take certain cannabis enforcement actions. / SCIENCE & HEALTH A study “supports the notion that CBD and its derivatives are promising lead compounds for cannabinoid-based interventions for melanoma management.” A study found that “psilocybin promotes neuroplasticity and induces rapid and sustained antidepressant-like effects in mice.” / ADVOCACY, OPINION & ANALYSIS The president of the Catholic League authored a column criticizing marijuana legalization efforts. The New York Daily News editorial board is celebrating the federal marijuana rescheduling decision. / BUSINESS Canopy Growth Corporation entered into an exchange and subscription agreement with an institutional investor through which it is expected to receive gross proceeds of approximately $50 million and exchange approximately C$27.5 million of debt for a new senior unsecured convertible debenture. Ohio dispensaries sold $54 million worth of medical cannabis products in March. / CULTURE Jimmy Fallon and Seth Meyers joked about the federal marijuana rescheduling decision. Former football player Nate Jackson authored a column about his varying experiences with marijuana. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: The post Cannabis Schedule III implications laid out by congressional researchers (Newsletter: May 6, 2024) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  17. Following an effort to attract more military veteran supporters of marijuana legalization, the campaign behind a Florida ballot measure to legalize adult-use cannabis—Amendment 3—is beginning to feature more veterans in media outreach. Smart and Safe Florida, the organization backing the initiative, announced last month that it’s working to form a coalition of veterans to build voter support for the reform. “Our goal is to raise awareness among voters about the importance of cannabis as a safer alternative to synthetic opioids for treating PTSD and related conditions among veterans,” wrote the campaign, explaining that organizers are “looking to engage with veterans across the state of Florida to support our cause.” One of those veterans, Feena Bonoan, spoke local media, telling Jacksonville-based WOKV that marijuana could benefit veterans with PTSD and chronic pain as well as reduce the use of opioids. Bonoan, who developed an ovarian condition during her time in the Navy and has since retired, says marijuana helped ease pain related to the ailment. Read our entire press release on our website here: https://t.co/95OqQIQhnQ — Smart & Safe Florida (@SmartandSafeFl) April 23, 2024 “There would be days where even when I was in school after I’d completed my tours and got out of the military and I was on my GI Bill where I couldn’t go to class because of the pain,” she said. Bonoan also spent some time working with the Hawaiian Veterans Cannabis Alliance, where she saw other veterans benefit from marijuana. “We had one veteran that before medical marijuana he was on probably 20 different medications, including opioids.” she said. “And the VA, at that time, they were really open about giving you your pain meds. And he doesn’t need them anymore.” The veteran described legalization as “a path to prosperity.” While Florida’s existing medical marijuana law does allow patients access to cannabis if they have PTSD or chronic pain—among a number of other qualifying conditions—advocates say broader adult-use legalization would make it easier to obtain medicine. Smart and Safe Florida did not make anyone from its veterans coalition available for an interview in response to numerous requests from Marijuana Moment, but in a statement sent on behalf of the campaign, veteran and Florida Rep. Lisa Dunkley (D) said she supports the proposed reform. “Florida voters have consistently expressed their support for safe and regulated adult use of cannabis, which will be on our Florida ballot in November,” Dunkley said. “As a veteran of our armed services, I support Amendment 3 because it offers Floridians of 21 years and older the freedom to access cannabis products that offer a safe alternative to opioids and other treatment options for our veterans population.” The outreach—and deployment—of veterans in support of cannabis legalization comes as polls show signs of trouble for the proposed reform. The latest survey, published last month by Florida Atlantic University (FAU) and Mainstreet Research, found that a 47 percent plurality of voters backed the cannabis initiative, compared to 35 percent opposed and 18 percent undecided. Saluting our Veterans as they lead the charge for Amendment 3! Join the 'Vets Vote #YesOn3' coalition in advocating for safe, regulated cannabis access for adults. Together, we're rewriting the narrative on effective alternatives for our heroes. #YesOn3 #VetsForCannabis pic.twitter.com/PceqgB6kDY — Smart & Safe Florida (@SmartandSafeFl) April 24, 2024 In order to pass on the ballot, the constitutional amendment needs 60 percent of the vote. Another survey this month, from USA Today/Ipsos, found that 56 percent of Florida registered voters back the cannabis proposal—still below the 60 percent threshold required for enactment under the state Constitution. Both surveys came on the heels of the state Supreme Court officially clearing the initiative for the ballot after rejecting a challenge from the state’s attorney general. There’s been a mix of polling over the last year on the marijuana legalization initiative, with certain surveys signaling that there is enough support for approval. But it’s not uncommon for support for ballot questions to decrease as Election Day approaches. Despite the uncertainty, multiple marijuana companies are working to support the reform effort, donating a total of nearly $15 million to the campaign, according to state filings that were released last month. Trulieve, a multi-state operator and the main financial backer of the initiative, led the pack again with $9.225 million in donations during the first quarter. That follows the company previously contributing about $40 million as advocates worked to collect more than one million signatures to qualify for ballot placement. Another Florida veteran, Gov. Ron DeSantis (R), has predicted that voters will reject the marijuana initiative this November. He’s called the proposal “radical” and argued that it will “reduce the quality of life” in the state. The CEO of Trulieve, meanwhile, has argued legalization could actually “improve quality of life” for Florida residents. “The sky has not fallen” with Florida’s implementation of medical cannabis legalization under an earlier initiative, “and folks see that choice is a good thing,” Trulieve CEO Kim Rivers said during an interview on The Dales Report’s “Trade To Black” podcast. DeSantis, for his part, said that enactment of the reform would mean “this state will start to smell like marijuana in our cities and towns,” which seems to be a particular concern for the governor, who has previously complained about the smell of cannabis in other jurisdictions. “It will reduce the quality of life,” he said, adding that Florida already has a medical cannabis program that his administration implemented following voter approval of the reform in 2016. “Do we really need to do more with that?” he asked. “Do we want to have more marijuana in our communities? I don’t think it’ll work out well, but it is a very, very broad amendment.” DeSantis has also attacked as “not good for families” and “not good for [the] elderly.” As drafted, the measure if approved would change the state Constitution to allow existing medical cannabis companies in the state like Trulieve to begin selling marijuana to all adults over 21. It contains a provision that would allow—but not require—lawmakers to take steps toward the approval of additional businesses. Home cultivation by consumers would not be allowed under the proposal as drafted. Adults 21 and older would be able to purchase and possess up to three ounces of cannabis, only five grams of which could be marijuana concentrate products. The three-page measure also omits equity provisions favored by advocates such as expungements or other relief for people with prior cannabis convictions. Separately, economic analysts from the Florida legislature and the the governor’s office estimate that the marijuana legalization initiative would generate between $195.6 million and $431.3 million in new sales tax revenue annually if voters enact it. And those figures could increase considerably if lawmakers opted to impose an additional excise tax on cannabis transactions that’s similar to the ones in place in other legalized states. Here’s what the Smart & Safe Florida marijuana legalization initiative would accomplish: Adults 21 and older could purchase and possess up to three ounces of cannabis for personal use. The cap for marijuana concentrates would be five grams. Medical cannabis dispensaries could “acquire, cultivate, process, manufacture, sell, and distribute marijuana products and marijuana accessories to adults for personal use.” The legislature would be authorized—but not required—to approve additional entities that are not currently licensed cannabis dispensaries. The initiative specifies that nothing in the proposal prevents the legislature from “enacting laws that are consistent with this amendment.” The amendment further clarifies that nothing about the proposal “changes federal law,” which seems to be an effort to avoid past legal challenges about misleading ballot language. There are no provisions for home cultivation, expungement of prior records or social equity. The measure would take effect six months following approval by voters. Here’s the full text of the ballot title and summary: “Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Applies to Florida law; does not change, or immunize violations of, federal law. Establishes possession limits for personal use. Allows consistent legislation. Defines terms. Provides effective date.” The Florida Chamber of Commerce released a poll in January showing that a marijuana legalization initiative that may appear on the November ballot enjoys majority support from likely voters—but not quite enough to meet the state’s steep 60 percent threshold for passage. Meanwhile, there’s significant interest in how former President Donald Trump, a Florida resident, will vote on the cannabis initiative, and whether he will publicly support or oppose it. Also, a Florida bill that sought to cap THC potency if voters approved the legalization initiative at the ballot died this session, much to the relief of cannabis advocates and stakeholders. Legislation to restrict consumable hemp products and ban delta-8 THC was approved by lawmakers and awaits DeSantis’s action. Separately, a House subcommittee advanced a medical marijuana bill that would waive patient registration and renewal fees for service-disabled military veterans. Despite his opposition to the initiative, DeSantis, the former GOP presidential candidate who dropped out of the race in January, previously accurately predicted that the state’s highest court would ultimately allow the measure on November’s ballot. Attorney General Ashley Moody (R) successfully petitioned justices to prevent an earlier 2022 legalization initiative from receiving voter consideration. DeSantis also weighed in on another relevant cannabis policy issue earlier this year when, while still a presidential candidate, he said that he doesn’t believe the federal gun ban for state-legal marijuana consumers is constitutional. Florida’s former agriculture commission, Nikki Fried, brought a lawsuit against the Biden administration over the rule, though the governor did not get involved. Prior to dropping out, DeSantis also said that if elected president, he would “respect the decisions that states make” on marijuana legalization despite his personal view that the reform has a “negative impact.” Marijuana Rescheduling Would Not Bring State Markets ‘Into Compliance’ With Federal Law, Congressional Researchers Say The post Florida Marijuana Legalization Campaign Activates New Veterans Coalition To Win Over Voters appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  18. Voters in Lubbock, Texas have rejected a local measure to decriminalize marijuana. The city was the the first community to consider the reform on the ballot following Texas Attorney General Ken Paxton’s (R) legal actions against five other Texas cities with voter-approved decriminalization laws. Lubbock residents voted on a 65–35 margin in Saturday’s election to defeat the decriminalization ballot initiative, which went to voters after local lawmakers declined last year to enact the reform legislatively. The vote comes as not only the attorney general but also Gov. Greg Abbott (R) lash out against the municipal efforts. “Local communities such as towns, cities and counties, they don’t have the authority to override state law,” the governor said late last month. “If they want to see a different law passed, they need to work with their legislators. Let’s legislate to work to make sure that the state, as a state, will pass some of the law.” He said it would lead to “chaos” and create an “unworkable system” for voters in individual cities to be “picking and choosing” the laws they want abide by under state statute. Abbott has previously said that he doesn’t believe people should be in jail over marijuana possession—although he mistakenly suggested at the time that Texas had already enacted a decriminalization policy to that end. Paxton, the state attorney general, used more inflammatory rhetoric when his office announced in January that it was suing five cities over local laws decriminalizing marijuana that voters approved, vowing to overrule the “anarchy” of “pro-crime extremists” who advocated for the reform. He filed lawsuits against the cities of Austin, San Marcos, Killeen, Elgin and Denton. The litigation is still pending, but advocates in Lubbock moved ahead with their local reform effort nonetheless. Adam Hernandez, the Lubbock decriminalization campaign director who also unsuccessfully ran to become the city’s next mayor, coming in third place on Saturday, said that the cannabis campaign “worked hard on it” and “had a lot of volunteers” but that they “just weren’t able to get the voter turnout high enough.” He told The Texas Tribune that before they can consider any further reform attempts, “we’re going to have to focus on voter education and voter turnout.” Hernandez told Marijuana Moment last month that he felt the attorney general’s lawsuits have actually “energized people” to vote in favor of the reform proposal. “I don’t know that it’s been working the way that they would like it to work,” he said. “They’ve been getting a lot of pushback from the community—people calling out a lot of the misinformation that’s been going around.” Hernandez added advocates were “not really concerned” about the threat of a lawsuit coming down on Lubbock if the cannabis measure passed, and he pointed out that there’s also a clause in the measure that said, in the event that decriminalization is voided by the state, it would still become the city’s lowest law enforcement priority. Ultimately, however, Lubbock voters decided not to enact the reform. Last December, lawmakers in Lubbock officially approved a resolution to put the local decriminalization initiative on the ballot after declining to enact on the reform legislatively. Meanwhile, activists with Ground Game Texas and Texas Cannabis Collective have been collecting signatures to place local marijuana decriminalization initiatives on the November ballot in two more cities: Dallas and Lockhart. In general, the measures that have already been enacted in Austin, Denton, Elgin, Harker Heights, Killeen and San Marcos prevent police from making arrests or issuing citations for Class A or B misdemeanor cannabis possession offenses, unless it’s part of a high priority felony investigation for narcotics or violent crime. Harker Heights wasn’t targeted in the lawsuit, which is likely related to the city’s refusal to implement the voter-approved policy change—a move that prompted Ground Game to file suit against officials last December. Shortly after voters in Harker Heights approved their measure, the city council overturned the ordinance over concerns that it conflicted with state law. But activists collected signatures for another initiative and successfully repealed the repeal last May—though officials have still refused to move forward with implementing the will of voters. In November, Ground Game released a report that looked at the impacts of the marijuana reform laws. It found that the measures will keep hundreds of people out of jail, even as they have led to blowback from law enforcement in some cities. The initiatives have also driven voter turnout by being on the ballot, the report said. Another cannabis decriminalization measure that went before voters in San Antonio last May was overwhelmingly defeated, but that proposal also included unrelated provisions to prevent enforcement of abortion restrictions. Advocates have faced other issues in certain jurisdictions where voters approved decriminalization. The Killeen City Council temporarily paused implementation of its local voter-approved ordinance, arguing that there were legal concerns that lawmakers needed to sort through before giving it their approval, which they eventually did. But last April, Bell County filed a lawsuit challenging the policy. At the state-level last year, the Texas House of Representatives passed a series of bills to decriminalize marijuana, facilitate expungements and allow chronic pain patients to access medical cannabis as an opioid alternative. But they ultimately stalled out in the Senate, which has been a theme for cannabis reform measures in the conservative legislature over several sessions. The House passed similar cannabis decriminalization proposals during the past two legislative sessions, in 2021 and 2019. Separately, a Texas Democratic senator brought the issue of marijuana legalization to the Senate floor last May, seeking to attach to an unrelated resolution an amendment that would’ve allowed Texans to vote on ending prohibition at the ballot box. But the symbolic proposal was ultimately shut down. Lt. Gov. Dan Patrick (R) agreed to another member’s point of order, deeming the cannabis amendment not germane to the broader legislation. Nearly three in four Texas voters (72 percent) support decriminalizing marijuana, according to a University of Texas/Texas Politics Project poll in 2022. More than half (55 percent), meanwhile, said they’re in favor of broader legalization. Seventeen percent said it shouldn’t be legal at all. Last March, the same institution similarly showed that a majority of Texas voters feel that the state’s marijuana laws should be “less strict.” Biden’s Marijuana Rescheduling Move ‘Adds Support’ For Pennsylvania Legalization Effort, Governor’s Office Says Photo courtesy of Chris Wallis // Side Pocket Images. The post Lubbock Voters Reject Local Marijuana Decriminalization Measure As Texas AG Sues Other Cities That Passed The Reform appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  20. “We know from other states that when legal marijuana is taxed unnecessarily high, it only helps the illicit market.” By Rebecca Rivas, Missouri Independent A judge in St. Louis ruled Thursday that local municipalities can stack sales taxes on marijuana dispensaries, the first court ruling on a much-debated issue playing out around the state. The lawsuit was filed by Robust Missouri 3 LLC. The company saw its Florissant dispensary’s tax rate on cannabis products rise to 14.988 percent after both the city and St. Louis County approved 3 percent sales taxes on adult-use marijuana in April 2023. The constitutional amendment that legalized recreational cannabis sales included a 6 percent statewide excise tax—but it also authorized “any local government” to charge a sales tax of up to 3 percent. At the heart of Robust’s lawsuit is whether the law intended for local governments to be able to impose a maximum of 3 percent sales combined, or if they can each impose a 3 percent sales tax. St. Louis County Circuit Judge Brian May ruled that both governments’ taxes are valid. In his Thursday order, May stated there is no court precedent on this issue, so he interpreted the intent of the law “as a whole and not in isolated parts.” While the law allows for recreational marijuana to be legal, he stated it also intended for local governments to be able to “protect public health.” “If [Robust’s] interpretation were accepted, then a municipality or city would essentially be given carte blanche to ignore any county ordinance or regulation, including those related to public health and safety wholly unrelated to the taxing issue,” May wrote in the ruling. May pointed to the provision that allows the city to approve placing a dispensary within less than 1,000 feet of any then-existing school. “…and the county, and other cities in the Ferguson-Florissant School District, would have no say in that decision,” May wrote. “This absurd outcome would directly contradict the stated purpose of the [amendment].” The ruling is a win for the Missouri Association of Counties, said Steve Hobbs, the association’s executive director. The association has strongly advocated that counties have the ability to do this, he said. “The bulk of the counties around the state had gone to the voters and asked them to implement this tax,” Hobbs told The Independent on Friday. “And I think every one of them approved of it. I think [the ruling] removes some uncertainty from those counties.” On the other side, leaders of the marijuana industry have called the effort to collect both taxes an “unconstitutional money grab” that violates the terms of the amendment. “We know from other states that when legal marijuana is taxed unnecessarily high, it only helps the illicit market,” said Andrew Mullins, executive director Missouri Cannabis Trade Association, in a statement to The Independent Friday, “which deprives Missouri veterans and substance abuse programs of needed revenue.” Robust Missouri has submitted an appeal on the circuit court’s decision. Another similar case is pending in Buchanan County. St. Joseph dispensary Vertical Enterprises sued Buchanan County Collector Peggy Campbell, arguing that it, too, would be “irreparably harmed” if both taxes were imposed. A hearing is scheduled in that case for May 16 in the Circuit Court of Buchanan County. This story was first published by Missouri Independent. Marijuana Legalization Opponents Raise Money For Potential Lawsuit Against Federal Rescheduling Move The post Missouri Counties And Cities Can Stack Marijuana Taxes On Top Of One Another, Judge Rules appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  21. The Biden administration’s move to federally reschedule marijuana “adds support” for an effort to legalize cannabis in Pennsylvania, the governor’s office says. While moving marijuana from Schedule I to Schedule III under the federal Controlled Substances Act (CSA) would not legalize it, a spokesperson for Gov. Josh Shapiro (D) says the move could bolster state-level reform efforts. “Governor Shapiro has made clear that we need to catch up—practically every one of our neighbors has legalized marijuana and is benefiting from hundreds of millions of dollars in economic activity and revenue—and this important step by the federal government only adds support to the Governor’s proposal,” Shapiro’s spokesperson Manuel Bonder told The Pittsburgh Post-Gazette on Thursday. Shapiro once again proposed legalization as part of his budget request in February, seeking to establish a system that would be implemented starting this summer. Lawmakers have also been holding a series of hearings to discuss various policy considerations as they work to draft a legalization bill. Rescheduling marijuana under the CSA wouldn’t federally legalize it, but advocates and stakeholders hope that the modest reform will act as a catalyst both for congressional and state-level legislation. “The Shapiro Administration stands ready to work with the General Assembly to take advantage of this opportunity to legalize marijuana and make our Commonwealth more competitive and more just,” Bonder said. Two Pennsylvania legislative panels held a joint hearing to discuss marijuana legalization last week, with multiple lawmakers asking the state’s top liquor regulator about the prospect of having that agency run cannabis shops. Last month, members of that panel had a conversation centered on social justice and equity considerations for reform. That took place days after Rep. Amen Brown (D) filed a marijuana legalization bill that he described as “grounded in safety and social equity.” At a prior meeting in March, members focused on criminal justice implications of prohibition and the potential benefits of reform. At another hearing in February, members looked at the industry perspective, with multiple stakeholders from cannabis growing, dispensing and testing businesses, as well as clinical registrants, testifying. At the subcommittee’s previous cannabis meeting in December, members heard testimony and asked questions about various elements of marijuana oversight, including promoting social equity and business opportunities, laboratory testing and public versus private operation of a state-legal cannabis industry. And during the panel’s first meeting late last year, Frankel said that state-run stores are “certainly an option” he’s considering for Pennsylvania, similar to what New Hampshire Gov. Chris Sununu (R) recommended for that state last year, though a state commission later shied away from that plan. The cannabis proposal the Brown filed in the House last month is an identical companion to a bipartisan Senate cannabis legalization measure that was introduced last year. Meanwhile, a former DEA Administrator Asa Hutchinson recently said the agency’s marijuana rescheduling proposal is “understandable” because it “reflects the reality” of public opinion toward the medical value of cannabis—even if he personally has concerns about the broader move toward reform. A Democratic congressman also told Marijuana Moment on Tuesday that, in light of DEA’s rescheduling determination, he expects the Justice Department will “reissue and expand” the Obama-era guidance that generally formalized a policy of non-intervention with respect to state marijuana laws. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Back in Pennsylvania, the Independent Fiscal Office (IFO) released a report in March that found the state stands to generate $271 million in annual revenue if marijuana is legalized and taxed according to the governor’s proposal—but it would have been more if the commonwealth hadn’t been lapped by other neighboring states that have already enacted the reform. House Appropriations Committee Chairman Jordan Harris (D) said in a recent interview that it’s “high time” to legalize marijuana and lay the groundwork for businesses in the state to export cannabis to other markets if federal law changes—and he sees a “real opportunity” to do so. However, the committee’s minority chairman, Rep. Seth Grove (R), said he’s doubtful that the Democratic-controlled House will be able to craft and deliver legalization legislation that could advance through the GOP majority Senate. Pennsylvania lawmakers also recently advanced a pair of bills meant to prevent police from charging medical cannabis patients with impaired driving without proof of intoxication. A Republican senator in Pennsylvania introduced a bill last month meant to remove state barriers to medical marijuana patients carrying firearms after previewing the legislation and soliciting co-sponsors earlier this year. In December, the governor signed a bill to allow all licensed medical marijuana grower-processors in the state to serve as retailers and sell their cannabis products directly to patients. Independent dispensaries could also start cultivating their own marijuana. A poll released in February found that about two-thirds of Pennsylvania voters in the state support enacting marijuana legalization. Former DEA Head Says Marijuana Rescheduling ‘Reflects The Reality’ Of Public Support For Reform The post Biden’s Marijuana Rescheduling Move ‘Adds Support’ For Pennsylvania Legalization Effort, Governor’s Office Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  26. The Oregon cannabis industry meeting with special guest Tressa Yonekawa Bundren will present issues that need wordle to be discussed together to reach a final agreement.
  27. Germany’s government is moving forward with the second phase of marijuana legalization to create a pilot program for commercial sales—through an administrative process, rather than having lawmakers pass a separate bill to enact the reform as was initially expected, according to a new press report. While it’s long been assumed that legislators would need to introduce and pass complementary sales legislation to fulfill the second “pillar” of legalization, the federal government is apparently taking a rulemaking approach that may speed up implementation. Marijuana legalization was implemented under a bill that the Federal Ministry of Health spearheaded and went into effect at the beginning of last month. So adults are now able to possess and cultivate cannabis, in addition to joining cooperatives that are expected to launch in July where they could access the plant. But there’s currently no commercial framework for sales. According to Tagesspiegel Background, however, the law that’s already in effect also provides regulatory discretion to build upon the initial reform. That is, the Federal Ministry of Agriculture is empowered to establish rules to create a commercial pilot program so adults can buy cannabis in certain jurisdictions without any additional legislative action. Of course, that could also mean that any reform that’s implemented could be more easily reversed by a future administration. But in the short-term, the process for sales could be expedited. Agriculture officials have reportedly circulated a letter soliciting input on possible regulations to allow for retail sales under a pilot program, with comments due by May 10. Health Minister Karl Lauterbach, who has led the government’s cannabis legalization efforts, told members of the Bundestag in December that “we are currently examining” the commercial sales plan. But with legalization in effect, there’s been increased pressure to expedite that process. Meanwhile, the Bundesrat representing individual states previously tried to block the now-enacted legalization proposal last September but ultimately failed. Despite that, members of the Bundesrat ultimately reached a deal with Lauterbach and other government ministers and declined to refer the cannabis legislation to a mediation committee that would have delayed implementation by six months. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — While Germany’s Federal Cabinet approved the initial framework for a legalization measure in late 2022, the government also said it wanted to get signoff from the EU to ensure that enacting the reform wouldn’t put them in violation of their international obligations. Officials took a first step toward legalization in 2022, kicking off a series of hearings meant to help inform legislation to end prohibition in the country. Government officials from multiple countries, including the U.S., also met in Germany last November to discuss international marijuana policy issues as the host nation works to enact legalization. A group of German lawmakers, as well as Narcotics Drugs Commissioner Burkhard Blienert, separately visited the U.S. and toured California cannabis businesses in 2022 to inform their country’s approach to legalization. The visit came after top officials from Germany, Luxembourg, Malta and the Netherlands held a first-of-its-kind meeting to discuss plans and challenges associated with recreational marijuana legalization. Leaders of the coalition government said in 2021 that they had reached an agreement to end cannabis prohibition and enact regulations for a legal industry, and they first previewed certain details of that plan last year. A novel international survey that was released in 2022 found majority support for legalization in several key European countries, including Germany. Meanwhile, the United Nations’s (UN) drug control body recently reiterated that it considers legalizing marijuana for non-medical or scientific purposes a violation of international treaties, though it also said it appreciates that Germany’s government scaled back its cannabis plan ahead of the recent vote. Former DEA Head Says Marijuana Rescheduling ‘Reflects The Reality’ Of Public Support For Reform Photo courtesy of Chris Wallis // Side Pocket Images. The post Germany’s Government Seeks To Launch Marijuana Sales Pilot Program Through Regulations Instead Of Another Bill, Report Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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