Chronicle AM: NJ Gov Still Ready to Legalize It, Court Rejects OH MedMJ Racial Justice Provision, More... (11/16/18)

New Jersey Gov. Phil Murphy (D) is still committed to marijuana legalization, the Albany DA announces an end to low-level pot prosecutions, an Ohio court throws out a racial justice requirement in the state's medical marijuana licensing plan, and more.

Marijuana Policy

New Jersey Governor Reiterates Support for Legalization. In remarks to the state League of Municipalities Thursday, Gov. Phil Murphy (D) said he remains in favor of marijuana legalization. "I remain equally committed to sensible legislation to legalize adult use of marijuana, and to continue to expand our medical marijuana program, which can also be an important tool for fighting our opioid epidemic…. "Legalization is the right thing to do, for safer communities, for protecting our kids, for erasing the stain that is keeping so many of our fellow New Jerseyans from a better future. Moreover, the overwhelming majority of New Jerseyans agree. We should listen to them. I am ready to work alongside the Legislature, and each of you, to get this done."

Albany NY DA Stops Prosecuting Low-Level Pot Cases. Albany County District Attorney David Soares has announced that as of December 1, his office will no longer prosecute anyone accused of possessing up to two ounces of marijuana. "We've been feeling the need to make this change for quite some time," Soares told reporters. But Soares warned that he would still prosecute low-level charges when someone is smoking in public, in a vehicle, or in front of children.

Vermont Advisory Commission Recommends 26% Marijuana Tax. A subcommittee of the governor's Marijuana Advisory Commission has recommended that if marijuana commerce is legalized, there should be a 20% excise tax on retail sales in addition to the state's 6% sales tax. The subcommittee also recommended earmarking marijuana tax revenues to the state education fund.

Medical Marijuana

Kansas Governor-Elect Supports Medical Marijuana. Laura Kelly, the Democrat who won a surprise victory in conservative Kansas, is ready to take the state down the path toward legal medical marijuana. "I think that there is some momentum in the legislature to pass, to legalize medical marijuana," she said. "I think we would do it Kansas-style, where it would be well-regulated. With a supporter in the governor's mansion, legislators no longer have to worry about coming up with supermajorities to overcome a gubernatorial veto.

Ohio Court Rules Racial Justice Requirement for Grow Licenses Unconstitutional. An Ohio district court has ruled unconstitutional the state's "racial quota" for selecting medical marijuana business licenses. The state's medical marijuana law requires 15% of all licenses to be awarded to businesses owned by racial minorities, and the state awarded two of 12 available licenses to minority-owned firms even though they scored lower than other applicants. One of the applicants who did not get a license sued. The ruling could prompt the state to award a provisional license to the plaintiff in order to make the case go away.

Utah Medical Marijuana Backers Threaten to Sue Over Mormon Church Involvement in Bill to Replace Prop 2. Medical marijuana supporters said Thursday they are exploring legal action to challenge the legislature's move to replace the voter-approved Prop 2 medical marijuana initiative "at the behest" of the Mormon Church. Even though voters approved Prop 2 this month, lawmakers plan to meet in a December special sessions to replace the measure with a proposal more acceptable to opponents, including the church. "Although initiative statutes may be amended or repealed by the Legislature, the almost immediate extreme undermining of numerous provisions of Proposition 2 at the behest of The Church of Jesus Christ is anti-democratic and contemptuous of the... recognition in the Utah Constitution that the people are to have the power to enact legislative changes," attorney Rocky Anderson, former Salt Lake City mayor, wrote.

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