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New Jersey Marijuana Legalization This Year May Not Be Dead After All [FEATURE]

New Jersey Gov. Phil Murphy (D) said he wanted marijuana legalized. Senate President Stephen Sweeney (D-Gloucester) said he wanted it, too, and Assembly Leader Craig Coughlin (D-Middlesex) was also on board. But the state's most powerful politicians couldn't get their act together enough to actually get marijuana legalization passed earlier this year, and despite all the initial excitement, it seemed like New Jersey was doomed to endure another year of pot prohibition.

Now, though, it's looking like Garden Staters may end up enjoying an unexpected Christmas present after all. Last week, both Sweeney and Murphy were making noises about reviving the stalled legalization effort before year's end.

"I'm not going to give up trying. I would love to do it. We'll make one more run at it," Sweeney told NJ.com last Wednesday. He added that he believed an agreement among himself, Coughlin, and Murphy on the language in the bill would be enough to get it through the legislature.

That prompted a quick expression of support from Murphy, who campaigned on marijuana legalization in 2017 and once vowed to get it done by the end of 2018.

Last Thursday, Murphy told the PhillyVoice that he was "happy to hear" Sweeney wanted to move again on legalization. "I was encouraged to see that, and count me all in to try and work toward that," he said. "Getting something to happen sooner if we have a real shot at it, I'd be all in for that."

Sources close to Sweeney said the renewed push to get legalization through would come after the November elections, most likely during the lame duck session between Election Day and January.

That's a real turnaround for Sweeney, who announced in May that he was ending efforts to pass the bill because he didn't have the votes for it. At the time, he said the most likely path to legalization was for the state's voters to decide the issue in a November 2020 ballot referendum. But that would mean another year of prohibition.

Sweeney and Murphy were also at odds over investigations by the administration into whether corporations misused tax breaks in the past. One of the companies being scrutinized is owned by state Democratic powerbroker George Norcross, a Sweeney ally. Once the investigations got underway, negotiations between Sweeney and Murphy over the pot bill stalled.

What has prompted Sweeney to change his mind now and whether he has the five votes he lacked in May remains unclear, but the Senate leader is definitely signaling he's ready to try to push the bill though.

It would be the popular thing to do. A February Monmouth University poll had support for legalization at 62 percent, with just 32 percent opposed. The people of New Jersey are ready; now, it's up to the politicians to get it done.

If New Jersey does legalize it this year, it will become the 11th state to do so and the second one to do so this year, after Illinois. And it will beat neighboring New York across the finish line.

Chronicle AM: CO Hits $1 Billion in Cannabis Taxes, Pompeo Doubles Down on Colombia Crop Spraying, More... (6/13/18)

Colorado has raked in a billion dollars in cannabis tax revenues, Cincinnati decriminalizes, Bonaroo harm reduction protest, Pompeo pushes Colombia coca crop spraying, and more.

Is this truck driver "an illicit drug user"? A trucking group says hundreds of thousands are. (Creative Commons)
Marijuana Policy

Colorado Hits $1 Billion in Marijuana Tax Revenues. The state Department of Revenue reported this week that tax revenues from marijuana sales since legalization in 2014 have now topped the one-billion-dollar mark. The department reported tax, license, and fee revenues of $1.02 billion on sales of $6.5 billion. It also reported that the state now has 2,900 licensed marijuana businesses employing 41,000 people.

Nevada Becomes First State to Bar Employers from Refusing to Hire Marijuana Users. Gov. Steve Sisolak (D) last week signed into law AB 132, which bans employers from refusing to hire people who test positive for marijuana on a drug test, making Nevada the first state to do so. "It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana," the law says. There are exceptions for some public safety-related positions. The law goes into effect on January 1.

Cincinnati Decriminalizes. The Cincinnati city council voted 5-3 Wednesday to decriminalize the possession of up to 100 grams of marijuana -- as long as it is not being used in public. There will be no fines, either.

Heroin and Prescription Opioids

Idaho Governor Signs Executive Order on Opioids and Substance Abuse. Gov. Brad Little (R) on Thursday signed into law an executive order aimed at combatting opioid and substance misuse in the state. The order creates an advisory group to study diversion policies for first-time drug offenders, prescription monitoring programs, treatment options, educating the medical community, and a public awareness campaign around opioids.

Asset Forfeiture

Alabama Governor Signs Asset Forfeiture Reform Bill. Gov. Kay Ivey (R) has signed into law SB 191, which does not end civil asset forfeiture in the state but requires that law enforcement report on its asset forfeiture activities.

Foreign Policy

Secretary of State Pompeo Doubles Down on Backing Aerial Coca Spraying in Colombia. Secretary of State Mike Pompeo told the Senate Caucus on International Narcotics Control Tuesday that the US still strongly supports the resumption of the aerial spraying of the pesticide glyphosate on coca fields in Colombia. He neither acknowledged global criticism of the use of glyphosate -- the Colombian constitutional court banned it in 2015 -- nor any other strategy for reducing coca cultivation. Instead, he said spraying is "an important tool they need" to reduce coca production.

Harm Reduction

Harm Reductionists Protest at Bonaroo Over Harassment of Drug Checking Kit Providers. Tennessee's Bonaroo music festival has been plagued by drug overdoses in recent years even though authorities had allowed harm reduction groups such as DanceSafe and the Bunk Police to hand out drug checking kits. But for the past couple of years, police have forced the groups out of the festival, so the Bunk Police have organized a protest Thursday and Friday afternoons to raise awareness of the issue. "We're trying to bring attention to the issue and have them join us and showing that there's a problem and that Bonnaroo could, you know, take action and allow this harm reduction effort, which could allow for a safe environment for the patrons," the Bunk Police said.

Transportation Policy

Trucking Group Demands Purge of 300,000 Truck Drivers as "Illicit Drug Users." Addressing Congress on Thursday, a trucking group composed of some of the industry's largest carriers said it had data indicating as many as 300,000 truck drivers are "manipulating" urine drug testing protocols and should be removed from the nation's highways. The Trucking Alliance told the House Committee on Transportation and Infrastructure that "thousands of commercial truck drivers are illicit drug users" and that they have the drug testing data to back up their claims. They based their data on the number of drivers who passed urine drug tests but either failed or refused to undergo hair drug tests, which can detect the presence of substances for months -- long after they would have any influence on drivers. There is a chronic shortage of drivers in the industry, which other groups testifying attributed in part to the spread of marijuana legalization.

Chronicle AM: Colombia & Luxembourg Move on Marijuana Legalization, Oakland Cuts Marijuana Taxes, More... (5/23/19)

Oakland slashes pot taxes for small businesses, Colombia congressmembers plot a marijuana legalization bill, Luxembourg ministers outline their plans for marijuana legalization, and more.

Luxembourg Justice Quarter
Marijuana Policy

Oakland City Council Votes to Cut Marijuana Taxes for Small Businesses. In a bid to protect small marijuana businesses in the city, the City Council voted unanimously Wednesday to lower the gross receipts tax on marijuana businesses that make $500,000 or less a year. The current rate is 10%, one of the highest in the state; the new rate will by 0.12%, a dramatic reduction. Whether bigger pot businesses will get a tax cut, too, will be taken up by the Council next month.

Medical Marijuana

Texas Senate Unanimously Approves CBD Medical Marijuana Expansion Bill. In a surprise move, the Senate voted to approve HB 3703 Wednesday. The bill would expand the states limited Compassionate Use program to allow CBD cannabis oil to be used for a number of new specified disorders, including epilepsy, multiple sclerosis, and autism. The bill now goes back to the House, where it has already passed, for changes to be approved or ironed out in conference committee.

International

Luxembourg Ministers Outline Proposals for Marijuana Legalization Bill. Justice Minister Feliz Braz and Health Minister Etienne Schneider have elaborated on the government's plans to legalize marijuana, which were announced in November. They said they plan to allow people 18 and older to possess up to 30 grams in public, while teens possessing less than five grams would not face charges. They also envision a strictly regulated marijuana market, with THC content limited. (THe limit is not set yet.) Also, only Luxembourg residents will be allowed to purchase marijuana there. They said they planned to present a preliminary bill to parliament by August.

Colombian Congress Preparing Marijuana Legalization Bill. Lawmakers from a wide range of parties have begun working on new legislation that would legalize the production and consumption of marijuana for recreational purposes. The initiative to legalize weed is led by opposition Senator Gustavo Bolivar (Humane Colombia) and would be coauthored by the opposition, the Liberal Party and lawmakers from center-right parties like Radical Change and the U Party. The 12 lawmakers working on the legislation plan to present the bill on July 20, the first day after summer recess.

Chronicle AM: Marijuana Descheduling Bill Filed, Model West African Drug Law Presented, More... (5/22/19)

A federal marijuana descheduling bill picks up some cosponsors who want to be president, the California Senate approves a bill to allow special banks to deal with state-legal pot businesses, the drug czar announces a new initiative, and more.

There is getting to be an awful lot of marijuana bills floating around the Capitol these days. Now, there's one more. (CC)
Marijuana Policy

Four Democratic Presidential Contenders Sign on to Federal Descheduling Bill. Sens. Bernie Sanders (I-VT), Elizabeth Warren (D-MA), Kirsten Gillibrand (D-NY) and Rep. Tulsi Gabbard (D-HI) are all cosponsors of companion marijuana rescheduling bills filed Monday by Senate Majority Leader Chuck Schumer (D-NY) and Rep. Hakeem Jeffries (D-NY). The bills would remove marijuana from the federal Controlled Substances Act and use some funds from marijuana taxes to help socially disenfranchised individuals find a role in the legal industry.

California Senate Approves Special Banks for Marijuana Retailers. The state Senate voted 35-1 Tuesday to approve a bill that would allow people to start banks and credit unions that could accept cash from state-legal marijuana businesses. SB 51 would allow those banks to issue special checks to retailers that could only be used for certain purposes, such as paying state taxes and state-based vendors. The bill now goes to the Assembly.

New Jersey Decriminalization, Expungement Bills Held Up. A last-minute move to pass decriminalization and expungement bills after legalization was stifled in the legislature is itself now stalled. A vote that was set for Thursday has been canceled after Senate President Steve Sweeney (D) said he was not in favor of the legislation.

Hemp

Louisiana Hemp Bill Advances, But Is Encumbered by Regulations. A bill to legalize hemp farming in the state, HB 491, has passed out of the Senate Agriculture Committee, but only after committee chair Sen. Francis Thompson (R), an avowed hemp skeptic, tacked a series of amendments on the measure that imposes a "tremendous amount" of regulation, according to Agriculture Commissioner Mike Strain, who supports the bill. The measure has already passed the House and now goes to the full Senate. Gov. John Bel Edwards (D) has said he will sign it if it makes it to his desk.

Drug Policy

ONDCP Director Carroll to Convene Emerging Threats Committee. White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) Director Jim Carroll announced Tuesday the formation of an Emerging Threats Committee to identify and respond to evolving and emerging drug threats in the United States. "The drug threats facing the United States are constantly changing and more complex than ever before. It is critical we not only meet the challenges of today, but also prepare to address the threats of tomorrow. By bringing together those people on the front lines of this fight, we can position ourselves to proactively respond to these threats, and preserve the safety and security of American citizens," Carroll said. The committee consists of 14 representatives from National Drug Control Program agencies, state, local and tribal governments, and non-governmental agencies.

Foreign Policy

House Committee Votes to Increase Colombia Anti-Drug Aid. The House Appropriations Committee has approved a $40 million increase in development and counternarcotics assistance to Colombia. That would make next year's package worth $457 million, far more than the $344 million the Trump administration requested in its budget. "The committee is inclined to continue its partnership with Colombia and to build on the progress of recent years made possible by the adoption of the peace accord. The agreement, combined with a renewed initiative to fight illegal crop cultivation and drug trafficking, offers great hope for the social, economic and political future of the country," the committee said in a statement. $189 million of the funds would go to anti-drug efforts.

International

Model Drug Law for West Africa Presented to Health Ministers on Sidelines of 72nd Session of the World Health Assembly. The West Africa Commission on Drugs, UNAIDS and the Global Commission on Drug Policy presented the Model Drug Law for West Africa to ministers of health of the Economic Community of West African States on Wednesday. The model drug law provides concrete templates that countries can adapt to reform their drug laws -- legal provisions and how they relate to international legal obligations -- as well as useful commentary that explains different options and reasons for choosing the proposed legal solutions. The model drug law offers a measured way for decriminalizing drug use and possession for personal use by introducing thresholds, thereby allowing people who use drugs to access health services and seek support. The model drug law acknowledges that barriers must also be removed so that the millions of people in need of health services, including people living with cancer or with HIV, can access the treatment and care they need.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Legal Pot Bill This Week in NJ, Global Drug War Human Rights Guidelines Issued, More... (3/18/19)

A New Mexico pot legalization bill dies and the governor says she will take it up next year, Minneapolis will quit charging small-time pot offenders, UN bodies and member states issue drug war human rights guidelines, a federal prisoner sues for access to methadone treatment, and more.

The state of New Jersey is banking on marijuana tax revenues. Now, to get that bill passed. (Creative Commons)
Marijuana Policy

Connecticut Democrats Unveil Legalization Package. A group of House Democrats held a press conference last Thursday to unveil a proposed package go bills to allow marijuana to be grown, processed, and sold to consumers in the state. The draft bills include a pilot plan for adult sales, but do not include letting people grow their own.

New Jersey Legalization Committee Votes Begin Today. The compromise legalization bill agreed to by Gov. Phil Murphy (D) and legislative leaders is due for committee votes Monday, with an eye toward final passage next Monday if all goes well. The bill would allow adults to possess up to an ounce, but not grow their own. It would also expunge records of past pot offenses and set up a system of taxed and regulated marijuana commerce.

New Mexico Decriminalization Bill Goes to Governor, But Legalization Bill Dies. In last minute action this past weekend, the legislature passed a pot decriminalization bill, SB 323, and sent it to the desk of Gov. Michelle Lujan Grisham (D). That’s some small consolation for the failure of a legalization bill, HB 356, which passed the House but died in the Senate Finance Committee.

New Mexico Governor Adds Marijuana Legalization to 2020 Agenda. Gov. Michelle Lujan Grisham said Sunday she will add marijuana legalization to the agenda of next year’s 30-day short session. The move comes after a bipartisan marijuana legalization bill managed to pass the House this session, only to be stalled in the Senate until the session expired on Saturday.

Minnesota’s Most Populous County Won’t Charge Small-Time Pot Offenders. Prosecutors in Hennepin County, the home of Minneapolis, will no longer prosecute people caught with small amounts of pot, County Attorney Mike Freeman said last Thursday. Under state law, possession of up to 42.5 grams is a misdemeanor, but possession of as little as 45 grams can be charged as a felony. Freeman said he will no longer charge anyone caught with less than 100 grams; instead, defendants will be considered for a diversion program.

Medical Marijuana

Missouri Posts Draft Rules for Medical Marijuana Program. The Department of Health and Senior Services released more drafts of rules for the state's emerging medical marijuana system last Thursday. The rules cover marijuana cultivation facilities, manufacturing facilities and medical marijuana establishments in general. Click on the link for a detailed analysis of the proposed regulations.

Oklahoma Governor Signs Medical Marijuana Rules into Law.  Gov. Kevin Stitt (R) last Thursday signed into law new regulations for the state’s nascent medical marijuana industry. The legislation sets guidelines for inventory testing and tracking, advertising, and packaging and labeling, among other things. It also allows employers to fire medical marijuana users in certain safety-sensitive positions, such as fire fighters and heavy machinery operators.

Hemp

Idaho Hemp Bill Moving. A bill to legalize hemp production, HB 122, passed out of a pair of committees last Thursday and is now headed for a House floor vote. The 2018 farm bill legalized hemp production, and 41 other states have already legalized hemp production.

Psychedelics

Oakland Psychedelic Decriminalization Initiative in Planning Stages. A coalition of advocacy groups in hosting a series of meetings in coming months aimed at building support for an initiative to decriminalize not only magic mushrooms but all “entheogenic plants, fungi, and natural sources.” The campaign is called Decriminalize Nature.

Drug Treatment

Incoming Federal Prisoner Sues Over Policy Banning Methadone Treatment. A Massachusetts woman who is about to enter federal prison and will not be permitted to continue methadone treatment for opioid addiction under prison rules has filed a lawsuit against the federal Bureau of Prisons over the policy. Stephanie DiPierro has to do a year for collecting disability benefits and food stamps without reporting income from a job and has been on methadone since 2005.

Massachusetts Bill Would Block Courts from Jailing Defendants in Treatment Who Fail Drug Tests. After the state’s highest court ruled last year that judges could order jail time for defendants who violate probation by using drugs, legislators have responded with S. 397, which would bar judges from incarcerating people who are in treatment and fail mandatory drug tests while on probation. The bill is currently before the Senate Judiciary Committee.

Human Rights

UN Member States, UN Bodies, and Human Rights Groups Launch International Legal Guidelines on Human Rights and Drug Policy. A coalition of UN Member States, UN entities and leading human rights experts meeting at the Commission on Narcotic Drugs on Monday launched a landmark set of international legal standards to transform and reshape global responses to the world drug problem. The International Guidelines on Human Rights and Drug Policy introduces a comprehensive catalogue of human rights standards. They are a guide for governments to develop human rights compliant drug policies, covering the spectrum of cultivation to consumption. Harnessing the universal nature of human rights, the document covers a range of policy areas from development to criminal justice to public health.  

International

Philippines Quits International Criminal Court Over Drug War Investigation. A year after the Philippines told the United Nations it was quitting the world’s only permanent war crimes tribunal because it is investigating human rights abuses in the bloody war on drugs led by President Rodrigo Duterte it has now officially withdrawn from the International Criminal Court. Manila moved to quit after the body launched a preliminary examination in 2018 into President Rodrigo Duterte's drug crackdown that has killed thousands and drawn international censure. However, the ICC said its preliminary investigation into Filipino drug war abuses would continue.

Chronicle AM: AK Okays Pot Social Consumption, Trump Slashes Drug Czar Budget, More... (3/13/19)

Alaska gives final approval for on-site consumption at pot shops, San Francisco approves pot smoking at events where people like to smoke pot, President Trump ponders designating Mexican cartels as terrorists, South Dakota legislators come up short in a bid to override the veto of a hemp bill, and more.

The drug czar's office is on the budgetary cutting block again.
Marijuana Policy

Alaska Social Consumption Gets Final Approval. Lt. Gov. Kevin Meyer (R) Tuesday signed off on new regulations allowing on-site marijuana use in retail pot shops, the final step in approving social consumption in the state. This makes Alaska the first state to approve such use statewide. Consumers can’t bring their own but will have to purchase the pot on-site and consumption areas will have to be ventilated and separated from other parts of the store. The first on-site consumption should come by mid-July, state officials said.

New York Black Lawmakers Won’t Vote for Legalization Without Racial Equity. Black lawmakers are demanding that racial equity provisions be written into any legalization bill or they won’t vote for it. Gov. Andrew Cuomo (D) mentioned racial injustice in pot law enforcement in calling for legalization, but lawmakers representing minority communities say his proposal doesn’t go far enough in addressing how racial inequities would be repaired.

San Francisco to Allow Pot Smoking at Events Where People Like to Smoke Pot. Seems like common sense. The Board of Supervisors voted Tuesday to create a special permit to allow people to sell and smoke marijuana at public events that have traditionally seen a lot of pot smoking, such as the 4/20 celebration on Hippie Hill and the Outside Lands music festival, both in Golden Gate Park. The ordinance gives the Office of Cannabis the authority to grant temporary waivers to the city’s tough no-smoking laws.

Hemp

South Dakota Lawmakers Fall Short on Bid to Override Hemp Bill Veto. After Gov. Kristi Noem (R) vetoed a bill to legalize industrial hemp production over the weekend, lawmakers sought to override the veto. In votes Tuesday, the House supported the override on a 55-11 vote, but the Senate came up short, voting 20-13 to override when it needed 24 votes to be successful.

Drug Policy

Trump’s Drug Budget Again Slashes Funding for Drug Czar’s Office. For the second year in a row, the White House’s proposed drug budget for Fiscal Year 2020 virtually zeroes out funding for the Office of National Drug Control Policy (ONDCP—the drug czar’s office). Congress restored the funding for ONDCP last year, allotting it slightly more than $120 million, about the same as the previous year. But this year’s proposed budget allocates only $14.9 million.

Foreign Policy

Trump Thinking “Very Seriously” About Designating Mexican Drug Cartels as Terrorists. In an interview published Tuesday in Breitbart News, President Trump is thinking “very seriously” about designating Mexican drug cartels as terrorists. "We are. We are," Trump said. "We're thinking about doing it very seriously. In fact, we've been thinking about it for a long time. . . . As terrorists - as terrorist organizations, the answer is yes. They are."

Harm Reduction

North Carolina Senate Approves Good Samaritan Expansion Bill. The Senate on Tuesday approved a bill, SB 106, that would clarify the state’s 2013 Good Samaritan law to specify that the people who actually suffer drug overdoses have the same legal immunity from criminal charges as the people who call for help. The bill now heads to the House.

In Bid to Blunt Black Market, California Eyes Marijuana Tax Cuts [FEATURE]

Steve D’Angelo was prescient. As the era of legal recreational marijuana in California began just over a year ago, the East Bay medical marijuana maven expressed concerned that taxes on the newly legal industry were too high.

“It’s going to mean that a significant number of people, less affluent consumers are going to turn to the lower prices of the underground market,” he told KPIX 5 on January 1, 2018, the day it became legal in the state.

A year later D’Angelo’s concerns have been borne out. The state had estimated that retail marijuana sales would exceed the $3 billion in 2017 sales, which came solely from medical marijuana outlets, but instead legal sales actually declined to $2.5 billion.

As a result, tax revenues for the state are significantly lower than projected. The FY 2018 state budget estimated $185 million in marijuana sales taxes, but actually gathered only about $84 million. And based on January sales, the FY 2019 budget, which estimated tax revenues at $630 million, now looks to be overly optimistic. The latest projections have tax revenues for the fiscal year at $471 million.

In California, legal pot sales are saddled with a $9.25 per ounce cultivation tax paid by growers, as well as a 15 percent retail excise tax and a 7.25 percent retail sales tax paid by consumers. When you add in local taxes, pot buyers in some counties could be paying as much as 45 percent in aggregate tax on legal weed.

To be clear, high taxes aren’t the only things strangling the state’s legal marijuana market. Industry figures and analysts point to two other factors as well: The state’s onerous and costly regulatory requirements are keeping many growers and retailers from leaving the black market, and the refusal by many localities to allow legal marijuana sales in their jurisdictions has left broad swaths of the state with no alternative but the black market. (In a bid to boost the legal market, the state last month okayed plans for statewide deliveries no matter what localities say.)

Still, cutting the tax rate is something that could begin to make a dent in the black market. Assemblymember Rob Bonta (D-Oakland) introduced a pot tax cut bill last year that was defeated, but now, with a year’s worth of disappointing marijuana market news to provide momentum, he’s back again with another pot tax cut bill this year.

Late last month, with three cosponsors Bonta refiled Assembly Bill 286, which proposes eliminating the $148 per pound cultivation tax and reducing the 15 percent retail excise tax to 11 percent for three years. The bill also has the support of newly elected state Treasurer Fiona Ma.

 “The black market continues to undercut businesses that are complying with state regulations and doing things the right way,” Bonta said as he rolled out the bill. “AB 286 will temporarily reduce the tax burden on these licensed operators to keep customers at licensed businesses and help ensure the regulated market survives and thrives. This very strategy has been shown to actually increase overall tax revenue in other states.”

One of the cosponsors is Assemblymember Tom Lackey (R-Palmdale), who authored an identical bill last year. That bill made it through two committees, only to die in Assembly Appropriations.

“Right now, the illicit market is dominating California’s cannabis industry,” said Assemblymember Tom Lackey (R-Palmdale). “These are bad people who are making our communities unsafe.  We need to give the good guys a chance to succeed otherwise our one chance at creating a regulated industry will be compromised.”

Bonta and his colleagues pointed to the experience of legal marijuana states Oregon and Washington, which have successfully taken steps to reduce tax rates and encourage the growth of the legal market. Washington saw exponential growth in marijuana tax revenue after it simplified its tax structure and reduced its rates. Tax revenues there jumped from $13.4 million in the final month of the initial tax rate in June 2015 to more than $33 million in April 2017.

“By lowering the excise tax and postponing the cultivation tax it will lower the overall price for consumers at the register, which will also reduce the differential between illicit and legal prices. Reducing this gap is critical to making the legal market more competitive against the illicit market and more attractive for consumers,” said Beau Whitney, Senior Economist at New Frontier Data.

Fixing California’s pot taxes clearly won’t resolve all the issues the state faces as it makes the transition to the world’s largest legal marijuana market, but it’s a start. 

This article was produced by Drug Reporter, a project of the Independent Media Institute.

5 Things We Now Know After 5 Years of Legal Marijuana in Colorado [FEATURE]

It's been five years since the era of legal marijuana sales began in Colorado, and that's been enough time to begin to be able to see what sorts of impact the freeing of the weed has had on the Rocky Mountain State. From the economy and the fiscal health of the state government to law enforcement and public safety, legalizing marijuana has consequences.

Denver's skyline (Creative Commons)
Thanks to marijuana sales reports and tax revenue reports from the state Department of Revenue, as well as a legislatively mandated biennial report from the Division of Criminal Justice, we can see what some of those consequences are.

1. They sure buy a lot of weed in Colorado, and the state's coffers are filling up with marijuana tax revenues. Total marijuana sales in the state were more than $683 million in 2014—the year legal sales began—and have since more than doubled to more than $1.4 billion last year. Since legalization, the amount of legal weed sold in the state has now topped $6 billion. That's created nearly 20,000 jobs, and it has also generated more than $900 million for the state government in marijuana taxes, licenses, and fees. Tax revenues have increased every year since legalization and those dollars help fund public school projects, as well as human services, public affairs, agriculture, labor and employment, judicial affairs, health care policy, transportation and regulatory affairs. Pot revenues still only account for one percent of state revenues, but every $900 million helps.

2. Marijuana arrests are way down, but black people are still getting busted disproportionately. Even though pot is legalized, there are still ways to get arrested on a marijuana charge, such as possessing more than an ounce or selling or growing unlicensed weed. Still, arrests have declined dramatically, dropping by 56 percent during the legalization era. Both possession and sales offenses declined, but arrests for unlawful production were up markedly, reflecting the state's continuing fight to eliminate the black market. The age group most likely to get busted was 18-20-year-olds, who can only legally use or possess marijuana if they have a medical card. They are getting busted at a rate 30 times that of adults. Arrests are way down among all ethnic/racial groups, but black people are still getting arrested for pot at a rate nearly twice that of whites.

3. Legalization has not led to more traffic fatalities. While the number of car drivers in fatal wrecks had marijuana in their systems has increased dramatically, the report notes that “detection of cannabinoid in blood is not an indicator of impairment but only indicates presence in the system.” Marijuana DUIs were up three percent, but fatal traffic accidents involving marijuana-impaired drivers actually decreased by five percent.

4. Use rates are up slightly among adults, but not among teens. The number of adults who reported using marijuana in the past 30 days has increased by 2 percent, with nearly one-fifth of men reporting past month use. That's almost double the number of women reporting past month use. These are high rates of use compared to the nation as a whole, but the state has always had relatively high use rates, even dating back before legalization. (There is a chicken and egg question here: Do Coloradans like to smoke pot because weed is legal or is weed legal because Coloradans like to smoke pot?) But what about the kids? Well, the kids are alright. Marijuana use rates among middle and high school students have been unchanged since legalization, and so have graduation rates.

5. Emergency room visits linked to marijuana increased. Some 575 people presented to hospitals with marijuana-related problems back in 2000, but that number jumped to more than 3,500 by 2016. Emergency room visits and calls to poison control centers were both up. It's important to note, however, that the vast majority of marijuana-related ER visits are related to panic or anxiety reactions and end with the patient eventually calming down and going home. Marijuana ER visits are not life-The rise is also likely a function of new, naive users, especially of edibles, biting off more than they can chew.

Chronicle AM: Feds Warn on Denver Safe Injection Site, It's J-Day in Michigan, More... (12/6/18)

Michigan became the first legal marijuana state in the Midwest today, the feds send a shot across the bow of an effort to get a safe injection site up and running in Denver, cartel violence challenges Mexico's new president, and more.

[Errata: This article initially reported incorrectly that driving under the influence of marijuana under MIchigan's legalization law would result in a ticket. DUI remains a felony in Michigan.]

Today Michigan becomes the first legal marijuana state in the Midwest.
Marijuana Policy

Michigan Marijuana Legalization Now in Effect. As of today, it is legal to possess up to 2.5 ounces of marijuana and grow up to 12 plants in Michigan. There is no public smoking allowed and driving under the influence remains a crime. The state's system of taxed and regulated marijuana sales, however, is not expected to be up and running until 2020. [This article initially reported incorrectly that marijuana DUIs would result in getting a ticket. DUI remains a felony in Michigan.]

New Yorkers Want to Legalize Marijuana to Fix the Subway. Lawmakers are eyeing legal marijuana tax revenues as a means of helping to modernize New York City's subway system. Subway officials say they'll need $40 billion to upgrade, and legal weed could help. "The biggest issue we hear about as elected officials is the state of the subway system," said Corey Johnson, the New York City Council speaker. "To be able to tie these things together is something that could be highly impactful and potentially transformative."

Harm Reduction

Denver DEA, US Attorney Warn City on Safe Injection Sites. As city and county officials move toward establishing a safe injection site for drug users, representatives of the federal government are warning that they are illegal and anyone involved could be looking at years in federal prison. In a joint statement, the feds were blunt: "Foremost, the operation of such sites is illegal under federal law. 21 U.S.C. Sec. 856 prohibits the maintaining of any premises for the purpose of using any controlled substance. Potential penalties include forfeiture of the property, criminal fines, civil monetary penalties up to $250,000, and imprisonment up to 20 years in jail for anyone that knowingly opens, leases, rents, maintains, or anyone that manages or controls and knowingly and intentionally makes available such premises for use (whether compensated or otherwise). Other federal laws likely apply as well." The feds also argued that safe injection sites don't actually produce claimed harm reduction benefits and that "these facilities will actually increase public safety risks" by "attracting drug dealers, sexual predators, and other criminals." Those claims are, at best, debatable.

International

Mexican Cartel Gunmen Kill Six Cops in Deadliest Attack of the AMLO Era. In the deadliest attack since President Andres Manuel Lopez Obrador (AMLO) took office last Saturday, gunmen of the Jalisco New Generation Cartel attacked police transporting a prisoner in Jalisco state, leaving six police officers dead. The attackers came in three vehicles and escaped, setting up roadblocks of burning vehicles they had commandeered. AMLO came into office pledging to quell widespread cartel violence.

Chronicle AM: Denver to Expunge Pot Convictions, Columnist Calls for Prescription Heroin, More... (12/5/18)

 A Washington Post columnist calls for prescription heroin, the federal hemp bill will apparently ban the participation of people with drug felonies, Denver joins the movement to expunge old pot convictions, and more.

Prescription heroin--Washington Post columnist suggests it could save lives in the face of fentanyl. (Creative Commons)
Marijuana Policy

Denver Becomes Latest City to Expunge Low-Level Marijuana Offenses. Mayor Michael Hancock announced Tuesday that his administration will "move to vacate low-level marijuana convictions for Denver residents." The move comes after months of preliminary work by the Office of Marijuana Policy and the City Attorney's Office. "For too long, the lives of low-income residents and those living in our communities of color have been negatively affected by low-level marijuana convictions," Hancock said in a press release. "This is an injustice that needs to be corrected, and we are going to provide a pathway to move on from an era of marijuana prohibition that has impacted the lives of thousands of people."

Industrial Hemp

Federal Bill to Legalize Hemp Bans Drug Felons from Participating. Congressional negotiators have agreed on compromise language for the hemp provision of the farm bill that would ban people with felony drug convictions from participating in the hemp industry. The ban was inserted into the Senate version of the bill late in the process and over the objections of drug policy reformers. It's not quite a done deal—the language could be changed in conference committee—but at this point, it looks like the ban is in.

Heroin and Prescription Opioids

Washington Post Columnist Calls for Prescription Heroin. In a piece published Tuesday, Washington Post columnist Megan McArdle has called for access to prescription heroin in a bid to prevent fentanyl-related overdose deaths. In the column titled An Incredibly Unpopular Idea That Could Stem Heroin Deaths, McArdle notes that "most people don't want addiction made safer or easier; they want it stopped, cold…but you don’t free slaves by killing them, and as long as fentanyl suffuses the illicit drug markets, that’s what a 'tough love' policy amounts to." Harm reduction measures and increased access to treatment would help, McArdle writes, but "lowering the death toll may well require a more drastic step: legalizing prescriptions of stronger opiates. Prescription heroin? Remember, I said you might not like the solution. I don’t like it, either — and frankly, neither do the drug policy researchers who told me it may be necessary. But when fentanyl took over the U.S. illicit drug markets, it also got a lot of addicts as hostages. We’ll never be able to rescue them unless we can first keep them alive long enough to be saved."

Asset Forfeiture

Nashville Bends to Police Pressure, Extends Federal "Equitable Sharing" Program. Under pressure from local law enforcement and seeking to avoid raising taxes, the Nashville Metro Council voted 25-5 to renew its participation in the federal asset forfeiture equitable sharing program, which allows state and local law enforcement agencies to divert drug-related cash seizures to the federal government, which in turn returns 80% of the booty back to the seizing agency. 

Drug War Issues

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