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Virginia Legislature Votes to Legalize Marijuana, But Not Everybody is Happy [FEATURE]

Last Saturday, the Virginia House and Senate approved a pair of bills to legalize marijuana -- but not for three years and with significant portions of the package required to be approved again next year, which could prove difficult if Democrats lose control of the legislature. The bills now go to the desk of Gov. Ralph Northam, who has previously voiced support for marijuana legalization, but some unhappy advocates are calling on him to amend them to address what they see as serious failings.

Virginia House chamber
The bills, SB 1406 HB 2312 would legalize the possession of up to an ounce of marijuana and tax and regulate legal marijuana commerce beginning on July 1, 2024. They also allow for the home cultivation of up to four plants, two mature and two immature. And they mandate the shielding of records for past marijuana convictions from employers, landlords, insurance companies, and educational institutions.

But according to a bill summary from the Marijuana Policy Project (MPP), the bills also create new criminal offenses for public consumption ($25 fine), minor in possession ($25 fine and substance abuse education program), possession on school grounds (up to six months in jail), consumption in a moving motor vehicle (fine-only misdemeanor), and importing marijuana into the state (up to a year in jail). In addition, while possession of more than an ounce but less than a pound would be a $25 fine, possession of more than a pound can earn up to 10 years in prison.

The bills attempts to redress racial inequities and discrimination by providing licenses preferences and fee waivers to "social equity applicants," which MPP describes as "having 66% or more owners who: have a prior cannabis conviction, have a close relative with a cannabis conviction, live either in an area with disproportionate cannabis arrests or that is economically distressed, or graduated from a Virginia HBCU." The bills also create a Cannabis Equity Reinvestment Fund to help people and communities disparately harmed by pot prohibition and Cannabis Business Equity and Diversity Support Team to encourage minority involvement and develop criteria for plans to emphasize diversity, equity, and inclusion.

"It was a lot of work to get there, but we're on the path to an equitable law allowing for responsible adults to not be penalized for using cannabis," cosponsor Sen. Adam Ebbin (D-Alexandria) said after the vote.

"Virginia legislators are proving that it is possible to work swiftly to pass legislation that would not only legalize cannabis, but also address the disproportionate harm caused by decades of prohibition," MPP executive director Steve Hawkins," said in a press release lauding the vote. "Virginia is on the brink of becoming the 16th state to end cannabis prohibition and replace it with sensible legalization and regulation for adults 21 and over. MPP is proud to have played an important role in all three states where legislatures have voted to legalize cannabis -- Vermont, Illinois, and now, Virginia."

The National Organization for the Reform of Marijuana Laws (NORML) also pronounced itself pleased.

"The advancement of this legislation is another historic step for cannabis justice in Virginia," NORML Development Director and Virginia NORML executive director Michelle Pedini said in a statement greeting the vote. "Stakeholders, the administration, and the legislature have dedicated hundreds of hours to craft legislation that is just and equitable, and that will replace the failed policy of cannabis prohibition with one that promotes Virginia’s economy as well as Virginians' public health and safety."

But the marijuana consumers' group also signaled that it didn't consider the legislation perfect.

"This effort remains a work in progress and our efforts in Virginia are far from over," Pedini noted. "NORML is dedicated to continuing our work with lawmakers and regulators to advance legislative reforms that are most closely aligned with the views of the majority of Virginians who desire a safe, legal cannabis market. In particular, we hope to expedite the timeline with which Virginia adults will no longer face either criminal or civil penalties for the personal possession and cultivation of cannabis."

But some Democratic legislators were less than satisfied.

"The final bill, as we saw it, did not have really have the criminal justice reforms as quickly as we would like them to be," said Delegate Sam Rasoul (D-Roanoke). "We also want to make sure we do everything we can from a safety perspective, from an educational perspective."

"Let us be clear, this bill is not legalization and there are a lot of steps between here and legalization," said Sen. Jennifer McClellan (D-Richmond) during Saturday's floor debate. "It's not worse than the status quo. Could it be better, yes."

Some other interested parties, though, including the ACLU of Virginia, Justice Forward Virginia, Marijuana Justice, and RISE for Youth, were not so sure the final package was an improvement. The activist groups had laid out their position -- end marijuana prohibition now, don't criminalize youth, strong expungement, racial justice -- in a February 9 open letter to the administration and legislators, and they unhappily reiterated their commitment to that position after the vote.

In a statement the same day, the ACLU of Virginia blasted the final result as "worse than the status quo" in terms of racial justice. "The bill creates new crimes that include permitting searches for having marijuana in a vehicle and possession under the age of 21," the group charged. "The bill also adds new pretexts like 'transportation' and offering or consuming marijuana in a public place, all of which will be enforced disproportionately against Black Virginians."

The ACLU of Virginia called the legislation little more than "an aspirational policy statement" given that many aspects of it will have to be voted on again next. Its bottom line was blunt: "This bill does not advance the cause of equal justice or racial justice in Virginia. It is the product of a closed-door legislative process that has prioritized the interests of recreational marijuana smokers over people and communities of color. The bill is a failure."

It's now up to Gov. Northam to sign or veto the legislation, or amend it and send it back to the legislature for changes to be considered. Virginia has legalized marijuana, but that battle over what that really means is still underay and undoubtedly just beginning.

With Sweeping Criminal Justice Reform Bill, Canada Seeks an Off-Ramp from the War on Drugs [FEATURE]

On February 16, Canada's governing Liberal Party finally moved to enact long-promised reforms to criminal justice by introducing a sweeping new bill that would make arrests for drug possession only one option for police, end all mandatory minimum sentences for drug offenses, end some other mandatory minimums, and open the way for conditional (probationary) sentences for a variety of offenses. But is it enough?

Canadian parliament building, Ottawa (Creative Commons)
The government's move comes as Prime Minister Justin Trudeau faces mounting pressure for reform on two fronts. First, Canada is facing an unprecedented drug overdose crisis, with the province of British Columbia especially hard-hit. Last year, the provincial Coroners Service reported, BC saw a whopping 1,716 drug overdose deaths, up a startling 74 percent over 2019. The province has always been on the cutting edge of drug reform in Canada, and spurred by the crisis, BC formally asked the federal government in early February for an exemption to the country's drug laws to allow it to decriminalize the possession of personal use amounts of drugs. That request is still being considered by Ottawa.

But the pressure for drug decriminalization isn't just coming from British Columbia, it's coming from inside the criminal justice system. In July 2020, the Canadian Association of Chiefs of Police called for drug decriminalization, recommending the "current enforcement-based approach for possession be replaced with a health-care approach that diverts people from the criminal justice system." The following month, the federal prosecution service issued a directive permitting prosecution of drug cases only in the most serious cases.

And public opinion supports decriminalization. An Angus Reid poll released after the government announced the new bill found that seven out of 10 Canadians felt the country's opioid crisis had worsened in 2020, and 59 percent supported the decriminalization of all illegal drugs.

Second, just as last summer's massive protests in the United States channeled and amplified long-standing demands for racial and social justice here, so they echoed north of the border. Canada has its own not-so-noble history of racism and discrimination, and the number of Black and Indigenous people swept up in the country's criminal justice system demonstrates that the legacy of the past continues to this day.

Indigenous people make up 5% of the Canadian population but accounted for 25% of all federal prisoners in 2019. Similarly, Black Canadians accounted for about 3% of the population but more than 7% of prisoners that year. As the Justice Ministry noted in a 2017 report, after Conservatives passed tough anti-crime measures early this century, Black and Indigenous were disproportionately targeted for mandatory minimum sentencing in the decade ending in 2017. And as the Office of the Correctional Investigator reported, non-white inmates are more likely to sent to maximum security prisons, have forced used against them, and be denied parole.

As the government rolled out the bill, C-22, "An Act to amend the Criminal Code and the Controlled Drugs and Substances Act," Justice Minister David Lametti made clear that not just public health but also racial justice was on its mind.

Trudeau had asked him to "address systemic inequities in the criminal justice system," he told a press conference. "We are turning the page on a failed Conservative criminal justice policy," he added. "It was an approach that did not make our communities safer. It did not deter criminals. It did not make the justice system more effective or more fair. Its singular accomplishment has been to incarcerate too many Indigenous people, too many Black people and too many marginalized Canadians."

The bill envisions reforms in policing, prosecuting, and sentencing drug offenders and sets out statements of principle for dealing with drug offenses, including "problematic drug use should be addressed primarily as a health and social issue," state actors should recognize human rights and harm reduction imperatives, and criminal sanctions are stigmatizing and not consistent with public health practice.

Under these principles, when encountering people using or possessing drugs, police would be granted the discretion to "consider whether it would be preferable... to take no further action, or warn the individual, or, with the consent of the individual, to refer the individual to a program or to an agency or other service provider in the community that may assist the individual."

Similarly, the bill mandates the prosecutors open drug possession cases only when a warning, referral, or alternate measures are "not appropriate, and a prosecution in appropriate in the circumstances." And it gives judges much broader discretion to order probationary sentences instead of confinement.

C-22 looks as if it were designed to cut off inputs to the Canadian prison system at every level of the system. Liberal MP Nathaniel Erskine-Smith, who has represented Toronto's Beaches-East York riding (district) since 2015 and is a longtime proponent of full drug decriminalization, says that is exactly what it is supposed to do.

He filed private member's bills this session for decriminalization (C-235) and for an evidence-based diversion model (C-236) to reduce drug arrests and prosecutions. It is that latter bill that the government has now largely adopted as C-22.

"I favor drug decriminalization because the war on drugs is an absolute failure that harms the people we want to help," he told the Chronicle. "Our opioid crisis has taken more than 16,000 lives since 2016, and there is systemic racism in the criminal justice system, including around drug charges."

"My goal was to call for full decriminalization, with a second bill to show the government if they weren't inclined to favor decriminalization, here's an alternative that would get us closer to the goal and would be more politically feasible. This bill seriously restricts the discretion of police and prosecutors to proceed, according to a set of principles that will ensure a stronger focus on human rights and harm reduction," he said. "It doesn't go as far as I want it to go, but it is unquestionably a step forward. It will be virtually impossible for the state to move forward with drug possession charges and prosecutions."

Donald Macpherson, executive director of the Canadian Drug Policy Coalition and author of Vancouver's groundbreaking Four Pillars drug strategy in the 1990s, has a more jaundiced view of both the Liberals and C-22.

"The things that are in this bill are all things the Liberals promised when they were elected in 2015, and if they had done this then it would have been seen as a good move, getting rid of egregious stuff the Harper government had implemented," he told the Chronicle. "But now, the discussion has moved so far that even police chiefs are calling for decriminalization. It's too little, too late."

Even the limited support he gave the bill was filled with caveats.

"Overall, though, it is a good thing, it is incremental progress, getting rid of the mandatory minimums is probably the most powerful aspect in terms of criminal law," McPherson conceded. "But the bill was supposed to deal with the disproportionate impact of drug law enforcement on people of color, and it won't do it. There will be more probationary sentences and more alternatives to imprisonment, but arrests and prosecutions will be 'at the discretion of' and Black and Indigenous people will now be caught up in kinder, gentler diversion programs."

Still, passage of C-22 would be a step in the right direction, Macpherson said.

"It is preparing the ground for the next step, full decriminalization, which I think is now inevitable. The harms of criminalization in Canada are now so evident to everyone that the question now is not whether to but how to," he said. "We saw this with cannabis -- at a certain point, the change in the discourse was palpable. We're now at that point with drug decriminalization."

Long-time Vancouver drug user activist Ann Livingston, cofounder of the pioneering Vancouver Area Network of Drug Users (VANDU) and currently executive project coordinator for the BC-Yukon Association of Drug War Survivors, had an even more jaundiced view than Macpherson, scoffing at more police discretion and expanded probationary sentences.

"I'm glad to see the mandatory minimums gone, but the Liberals want more police, and we say don't do us any more favors," she told the Chronicle. "And the police have always had discretion to not make drug arrests; they just never exercise it. And probation -- many of the people in jail are there for probation violations, even administrative ones, like missing appointments."

For Livingston, the cutting edge is now no longer criminal justice reforms or even decriminalization but creating a safe supply of currently illegal drugs. Limited opioid maintenance programs, including heroin, are available in the city, but they aren't enough, she said.

"Here in British Columbia, we had 900 COVID deaths last year and 1,700 overdose deaths. What we need is a safe drug supply," she argued. "We have to have clear demands and what we are demanding is a pure, safe supply of heroin, cocaine, and crystal meth. This is a crisis; this is the time to do this drug law stuff right. And to get serious. The feds tell us they place no barriers on heroin prescribing, but then they fight about who is going to pay for it."

If Justin Trudeau and the Liberals think passing C-22 is going to quiet the clamor for more fundamental change in Canadian drug policies, they should probably think again.

Canada

Biden AG Nominee Addresses Marijuana & Mandatory Minimums, El Chapo's Wife Busted at Dulles, More... (2/23/21)

Republcan legislators continue to try to wreak havoc with voter-approved marijuana initiatives, Judge Merrick Garland speaks out on marijuana and sentencing policy at his confirmation hearing, and more.

Attorney General nominee Judge Merrick Garland, here chatting with Sen. Chuck Schumer. (Creative Commons)
Marijuana Policy

Biden Attorney General Nominee Sets Gentler Line on Marijuana, Cites Discriminatory Enforcement. Judge Merrick Garland, President Biden's pick as attorney general, said Monday that prosecuting people complying with state marijuana laws is not "a useful use of limited resources" and that there is "a question of prioritization about resources and discretion" around the issue. Garland was responding to a question from Senator Cory Booker (D-NJ) during his confirmation hearing in the Senate Judiciary Committee. He also said during the hearing that the enforcement of marijuana prohibition is a "perfect example" of how the criminal justice system is racially biased and imposes disproportionate impacts on communities of color.

Montana GOP Bill Would Delay Voter-Approved Marijuana Legalization. Saying the voters' decision to legalize marijuana with a quick timeline "doesn't make any sense," State Representative Bill Mercer (R) has filed a bill that would push back the October 1 deadline until sometime in 2023. The bill is set to be heard this week in the House Business and Labor Committee.

Medicial Marijuana

South Dakota Medical Marijuana Supporters Float Compromise to Forestall GOP Effort to Delay Implementation. Supporters of the state's voter-approved medical marijuana law are seeking to scale back Republican efforts to delay the implementation of the medical marijuana program. Lawmakers are considering House Bill 1100, which would form an interim committee to essentially rewrite the voter-approved law. The proposal moves back the deadline for implementing much of the measure to next January during the 2022 legislative session.

Heroin and Prescription Opioids

Illinois Bill Would Give Protection to Overdose Victims. Representative Janet Yang Rohr (D-Napierville) has filed House Bill 3445, which would mandate that people seeking assistance for a drug overdose would not be criminally charged or prosecuted if they make a good faith effort to seek drug treatment. It also includes language protecting parolees from having their status revoked in case of an overdose. The bill would expand a Good Samaritan law passed in 2012 to include the person who is actually overdosing.

Law Enforcement

El Chapo's Wife Busted on Drug Trafficking Charges at DC Airport. Emma Coronel Aispuro, the wife of imprisoned Mexican drug trafficking kingpin Joaquin "El Chapo" Guzman was arrested Monday night after flying into Dulles International Airport. She faces federal charges of conspiring to help distribute cocaine, methamphetamine, heroin and marijuana in the US. She is accused of helping El Chapo continue to run his enterprise while behind bars. She is a joint US and Mexican citizen.

Sentencing

Biden Attorney General Nominee Endorses Ending Mandatory Minimums. Judge Merrick Garland, President Biden's nominee for attorney general, said Monday that he agrees with a Biden administration policy of ending the use of mandatory minimum sentences. His comments came in response to a question from Senator Jon Ossoff (D-GA) and can be heard at the 28-minute mark of the linked video.

CT Governor Includes Marijuana Legalization in Budget Proposal, Baltimore Announces Policing Reform, More... (2/11/21)

The appetite for busting pot smokers grows weaker in Fort Lauderdale and Milwaukee, Idaho could this year finally legalize hemp, and more.

Baltimore police are reforming some of their stop and search practices. (Pixabay)
Marijuana Policy

Connecticut Governor Includes Marijuana Legalization Plan in Budget Proposal. Gov. Ned Lamont (D) on Wednesday released his budget request, which includes a plan to legalize marijuana. His plan would involve creating a "comprehensive framework for the cultivation, manufacture, sale, possession, use, and taxation of cannabis that prioritizes public health, public safety, and social justice," Lamont said. "The proposal builds on the significant work that the Legislature has done on adult-use cannabis in recent sessions and ensures alignment with the approaches pursued by regional states," a summary of the plan says.

Florida's Broward County Gives Up on Misdemeanor Pot Prosecutions. Broward County (Ft. Lauderdale) State Attorney Harold Pryor has told county police agencies not to bother referring misdemeanor marijuana possession cases for prosecution. "Prosecuting these cases has no public safety value and is a costly and counterproductive use of limited resources," Pryor wrote in a memo to the law enforcement agencies. He asked them to refer violators to drug-treatment programs instead of the criminal justice system. Possession of up to 20 grams is a misdemeanor under state law. Neighboring Miami-Dade County enacted a similar policy six months ago. Dade and Broward are the state's two most populous counties.

Milwaukee County Board to Consider $1 Fine for Pot Possession. Board Supervisor Sylvia Ortiz-Velez has proposed an ordinance that would make the maximum penalty for possession of up to 25 grams of marijuana a $1 fine. Currently, possession is punished with fines of between $250 and $500. The board's Judiciary Committee will take up the ordinance on March 11.

Hemp

Idaho House Committee Files Hemp Bill. Acting on the behest of the state Farm Bureau, the House Agriculture Committee voted unanimously Wednesday to file legislation to legalize industrial hemp in the state -- the only state yet to do so. The committee vote sets the stage for a full hearing on the bill, which agriculture leaders say they hope will end years of debate on legalizing the crop.

Drug Testing

Utah Bill Would Ban Hair Follicle Drug Tests in Child Welfare Cases. Rep. Christine Watkins (R-Price) has filed House Bill 73, which would ban the use of hair follicle drug tests in child welfare cases. "It discriminates against people with dark hair," she said in a House Judiciary Committee hearing Tuesday. "This is very, very disturbing," Watkins said. "Melanin in dark hair binds with the drugs for a longer time." That means Black and Hispanic parents disproportionately test positive in those tests, she added. The bill has the support of the state Department of Child and Family Services, which said it had been moving away from using the tests.

Law Enforcement

Baltimore Police Unveil New Stop and Search Policies to Comply with Federal Consent Decree. Police Commissioner Michael Harrison announced Wednesday that the department has implemented a new "stops, searches and arrests" policy as the department seeks to comply with a federal consent decree and eliminate unconstitutional interactions with the public. Under the policy, officers will be trained in what constitutes "reasonable, articulable suspicion" for stopping a citizen. The new policy makes clear that someone fleeing when he sees police is not an adequate reason to stop and investigate him. Police had frequently resorted to "jump outs at corners," jumping out of their vehicles at corners known for drug trafficking and detaining anyone who ran away. No more.

These Five States Are Well-Placed to Legalize Marijuana This Year [FEATURE]

Last year, the number of states that have ended marijuana prohibition reached 15 plus the District of Columbia, as voters in four states -- Arizona, Montana, New Jersey, and South Dakota -- legalized it via the initiative process. This isn't an election year, so any states that attempt to legalize in 2021 will have to do so through the much more cumbersome legislative process, but at least a handful are poised to do so.

It is no coincidence that the early progress toward state-level legalization has been led by states that allow for voter initiatives. State legislatures badly trail public opinion on the issue, and beyond that, the legislative process itself is messy, beset with horse-trading, and progress of a bill is beholden to key legislative gatekeepers -- the committee chairs and majority leaders. And because crafting legislation is a complex process, getting a legalization bill through both chambers and signed by a governor is a process that generally takes not one, but two or three or even more years.

Legalization bills are likely to appear in nearly every state that has not already freed the weed, but it's likely to be an uphill struggle this year for most of them. The five states listed below have already been grappling with marijuana reform for years though, they have governors who are backing legalization, and they will only be emboldened by the Democrats' majorities in the US House and Senate (which could pass federal legalization this year) and by budgetary pressures related to the pandemic to push forward. If all goes well, by years' end, the number of legal marijuana states could top 20.

Here are the five best state marijuana legalization prospects for 2020:

Connecticut

Marijuana legalization has been fermenting in the legislature for several years now, but in November, Democrats added to their legislative majorities, increasing the odds that the issue will move this year. Governor Ned Lamont (D) just reiterated his call for legalization in his State of the State address, saying: "I am working with our neighboring states and look forward to working with our tribal partners on a path forward to modernize gaming in our state, as well as the legislature on legalization of marijuana. Sports betting, internet gaming, and legalized marijuana are happening all around us. Let's not surrender these opportunities to out-of-state markets or even worse, underground markets." And House Speaker Matthew Ritter (D) is vowing to take the issue to the voters if the legislature doesn't act. "I think it'll be a very, very close vote in the House," he said at a pre-session press conference. "But if we do not have the votes -- and I'm not raising the white flag -- I want to be very clear: We will put something on the board to put to the voters of the state of Connecticut to amend the state constitution to legalize marijuana."

New Mexico

The Land of Enchantment saw a marijuana legalization bill get through one Senate committee last year only to be killed in another, but with the support of Governor Michelle Lujan Grisham (D), who formed a working group on legalization in 2019, and the ousting of some anti-reform legislators in the November elections, this could be the year it gets over the finish line. Lujan Grisham has argued that if the state had legalized it last year, it could have helped reduce revenue shortfalls because of the coronavirus. And earlier this month, she emailed supporters to jab at legislative legalization foes: "Unfortunately, the Legislature couldn't come to an agreement, even though the economic impact would have created thousands of new jobs and sustainable state revenue sources to invest in New Mexico's future," she wrote. The Senate had been the biggest obstacle to moving a legalization bill, but now the Democratic senators who voted with Republicans to kill it last year are out. The state has a 60-day "short session" that begins January 19. It could be the first out of the gate this year.

New York

Governor Andrew Cuomo (D) has been calling for years for marijuana legalization, but measures in the legislature have always stalled because of disputes over taxes, social equity provisions, and pure legislative power plays. Now, like Connecticut, the Empire State is feeling the pressure of neighboring states having already legalized it, as well as increased budgetary pressure because of the pandemic, and Cuomo is once again calling for legalization. In his State of the State address this week, Cuomo again proposed legalization: "I think this should have been passed years ago," he said in a briefing. "This is a year where we do need the funding, and a lot of New Yorkers are struggling. This year will give us the momentum to get it over the goal line." Democrats now have a supermajority in both chambers, which both makes it easier to pass legislation despite Republican objections and makes it easier for the legislature to override any Cuomo's veto of a legalization bill over provisions he may not like. A legalization bill, SB 854, has already been filed in the Senate. For New York, the fifth time may be the charm.

Rhode Island

Governor Gina Raimundo (D) and legislative leaders are all on board with moving forward on legalization, although the governor wants a state-run model and some legislators favor a private model. "The time has come to legalize adult cannabis use," Senate Majority Leader Michael McCaffrey (D) said in November. "We have studied this issue extensively, and we can incorporate the practices we've learned from other states." He and Senator Joshua Miller (D), who spearheaded past efforts to get legalization passed, have been tasked by Senate President Dominick Ruggerio (D) with coming up with workable legislation this session. And the House is on board, too, with new Speaker Joseph Shekarchi (D) saying he is "absolutely" open to legalization and that the House is already "very close" to having enough votes to pass it. There are a couple of complicating factors for Rhode Island now, though: The division over state vs. private sales and the fact that Raimundo will likely soon be leaving office after being nominated as commerce secretary in the new Biden administration.

Virginia

Two legalization bills, HB 269 from Delegate Steve Heretick (D), and Delegate Lee Carter's (D) HB 87, have already been filed this year, and Gov. Ralph Northam (D) has said he supports marijuana legalization: "Legalizing marijuana will happen in Virginia," he said recently. At the time, Northam laid out his requirements for such a bill -- social, racial, and economic equity; public health; protections for youth; upholding the state Clean Air Act; and data collection -- and said it could take up to two years, but growing public and political support and financial pressures related to the pandemic could well speed up that timeline.

In Historic Move, House Votes to End Federal Marijuana Prohibition [FEATURE]

Breaking almost entirely along party lines, the House on Friday voted to approve the Marijuana Opportunity Reinvestment and Expungement Act of 2019 or the MORE Act of 2019 (HR 3884). The vote was 228 to 164, with only a handful of Republicans voting "aye" and a handful of Democrats voting "nay."

Friday was an historic day on Capitol Hill. (Creative Commons)
The MORE Act would effectively end federal pot prohibition by removing marijuana from the Controlled Substances Act's list of scheduled substances and eliminating federal criminal penalties for its possession, cultivation and sale. The bill would not affect state laws that criminalize marijuana, but it would end the conflict between states that have already legalized marijuana and federal law.

The bill also includes strong social equity provisions, including the creation of a fund to support programs and services for communities devastated by the war on drugs, a provision for expungement of past federal marijuana offenses, and a provision that bars the federal government from discriminating against people for marijuana use. The latter would protect immigrants from being deported for past marijuana convictions and would ensure that earned benefits are not denied to marijuana users.

The historic vote marks the first time either chamber of Congress has voted for legalization. But there is virtually no chance that the Republican-led Senate will take up -- let alone approve -- the measure in the remaining days of this session, meaning this is a battle that will continue in the next Congress.

Still, drug policy reformers were quick to celebrate the victory.

"Today's vote marks a historic victory for the marijuana policy reform movement. It indicates that federal lawmakers are finally listening to the overwhelming majority of Americans who are in favor of ending prohibition and comes at a critical time as this important measure addresses two key challenges we currently face," Marijuana Policy Project executive director Steven Hawkins said in a statement moments after the vote ended.

"Serious criminal justice reform cannot begin in our country without ending the war on cannabis," Hawkins continued. "The MORE Act would set federal marijuana policy on a path toward correcting an unfair system and help restore justice to those who have been victimized by prohibition. This legislation would also help address our country's fiscal and economic challenges by empowering states to implement programs that can stimulate economic growth and generate new tax revenue at a time when both are desperately needed. We call on the Senate to listen to the American people and pass the MORE Act without delay."

"This is HUGE!" said the National Organization for the Reform of Marijuana Laws (NORML) in a blog post announcing the vote. "This is an historic day for marijuana policy in the United States. This vote marks the first time in 50 years that a chamber of Congress has ever revisited the classification of cannabis as a federally controlled and prohibited substance, and it marks the first time in 24 years -- when California became the first state to defy the federal government on the issue of marijuana prohibition -- that Congress has sought to close the widening chasm between state and federal marijuana policies."

"The criminalization of marijuana is a cornerstone of the racist war on drugs. Even after a decade of reform victories, one person was arrested nearly every minute last year for simply possessing marijuana," Maritza Perez, director of the Office of National Affairs at the Drug Policy Alliance (DPA) said in a statement. "Today the House took the most powerful step forward to address that shameful legacy. But the MORE Act as passed is imperfect, and we will continue to demand more until our communities have the world they deserve."

DPA is particularly irked by the insertion of language during the legislative process that limits expungement and resentencing provisions to people with nonviolent marijuana offenses and language that blocks people with marijuana felony convictions from fully participating in the industry. The group said in the statement that it would work with Congress next session "to remove these additions and pass a bill that fully aligns with our principles."

"Getting to this point definitely gives us hope, but the fight is far from over. We will continue to build support for an even stronger, and more inclusive bill in the next session," Queen Adesuyi, policy manager for DPA's Office of National Affairs, said in the statement. "We are grateful that members of Congress have rightly come to the realization that the drug war has exacerbated the racial injustices in this country and ending marijuana prohibition is a concrete tangible action they can take to benefit our communities now."

Not everyone was happy, though. America's leading anti-pot activist, Kevin Sabet, president and co-founder of Smart Approaches to Marijuana lashed out at the vote and the House leadership in a statement that called it "a useless show vote."

"The pot industry has won a post-season exhibition game, but they're treating it like Game 7 of the World Series," he snarked. "The bill is a smokescreen for Altria Phillip Morris and their Big Tobacco gang of investors. As we have seen in state after state, marijuana commercialization does not lead to any tangible benefit for disadvantaged communities and social equity programs continue to be manipulated. Legalization simply results in rich, overwhelmingly white men getting richer while using predatory marketing tactics to expand substance abuse in the communities that were somehow supposed to benefit. Big Pot doesn't care about social justice or equity, its only concern is profit."

But while Sabet goes on about his mythical "Big Pot," he neglects to mention who actually supports the bill: the American people. In the latest Gallup poll, released less than a month ago, 68% said they wanted legal marijuana. They may have to wait for NORHWWE Congress to get in done at the federal level, but passage of the MORE Act is in line with what the public wants, even if prohibitionists don't wish to acknowledge that.

The Drug Policy Alliance is a funder of Drug War Chronicle.

Washington, DC
United States

Fed Judge Approves Purdue Pharma Settlement, US Drops Case Against Ex-Mexican Defense Minister, More... (11/18/20)

Mississuppi's higest court agrees to a hear a challenge to the voter-approved medical marijuana initiative, New York City public hospitals say no more drug testing pregnant women without their consent, and more.

Purdue Pharma will cop to serious felonies and pay $2 billion in a settlement with the DOJ. (Creative Commons)
Medical Marijuana

Mississippi High Court Takes Up Challenge To Medical Marijuana Measure. Whether voters will actually get the medical marijuana program they approved at the polls earlier this month is now in question after the state Supreme Court announced Tuesday it will take up a challenge to its validity. The challenge was filed by the mayor of the town of Madison days before the election. It argues that the measure is invalid because of a state signature-gathering requirement that is impossible for any initiative to actually comply with. Initiatives are supposed to only get one-fifth of their signatures from each congressional district, but the state now has only four.

Heroin and Prescription Opioids

Federal Judge Approves Purdue Pharma OxyContin Settlement. A federal judge in New York has approved a settlement in a case brought by the Justice Department against Purdue Pharma, the maker of OxyContin. Under the agreement, the company must plead guilty to "multiple serious felonies" in coming days. It will cop to conspiracy to defraud the United States, breaking laws against kickbacks, and one other count. The settlement also includes a $2 billion payout, with the federal government getting $225 million and states getting $1.775 billion to fight opioid addiction.

Drug Testing

New York City Public Hospitals Will Stop Drug Testing of Pregnant Women. Responding to an announcement that the city's Commission on Human Rights is investigating racial bias in the drug testing and reporting to child welfare authorities of pregnant women at three major hospitals, the city's public hospitals have announced they will no longer drug test pregnant women unless they have written consent. This is a change from the previous policy of the City Health and Hospitals Corporation, under which doctors and nurses did not need to inform pregnant patients they were being drug tested.

Foreign Policy

US Abandons Drug Case Against Former Mexican Defense Minister. Federal prosecutors made the surprise announcement Tuesday that they are dropping drug charges against former Mexican Defense Minister Salvador Cienfuegos, who was arrested at LAX after arriving in the US last month. The announcement came in a joint statement with Mexican attorney general's office. "The United States has determined that sensitive and important foreign policy considerations outweigh the government's interest in pursuing the prosecution of the defendant," prosecutors said. Cienfuegos was accused of using his position to shield the H2 cartel and going after its rivals. But his arrest without prior notification of Mexican officials has strained ties between the two countries, with Mexican President Andres Manuel Lopez Obrador threatening to look again at agreements allowing DEA agents to operate in the country.

International

Thailand Loosens Drug Laws to Allow Sale and Possession of Drugs for Research Purposes. The Public Health Ministry has issued new regulations loosening controls on Category II drugs, such as cocaine, opiates and opioids, and ketamine. Under the new rules, such drugs can be sold and possessed for medical and scientific research, medical treatment and disease prevention, or for other government purposes. The new rules go into effect in 240 days.

VA Bill to Limit Traffic Stops Goes to Governor, NJ Pot Poll Looking Good, More... (10/12/20)

The Arizona marijuana legalization initiative picks up a big endorsement, Michigan's governor signs a package of "clean slate" bills that includes expunging past pot offenses, and more.

A Virginia bill would bar police from making stops for small-time equipment infractions and searching based on the odor of weed.
Marijuana Policy

Arizona's Largest Newspaper Endorses Marijuana Legalization Initiative. The Arizona Republic, the state's largest circulation newspaper, has endorsed the Prop 207 marijuana legalization initiative. "The Arizona Republic recommends passage of Prop. 207 because we need to right an historic wrong -- to decriminalize marijuana use and put the responsibility back on individuals to choose wisely when it comes to low-grade substances such as marijuana and alcohol," the newspaper's editorial board wrote Sunday. It will be legal because the United States made a mistake when it chose to employ criminal law to control marijuana use -- an improper use of the government's most muscular authority," they wrote. "Now we're in the process of a state-by-state correction."

Michigan Governor Signs Bill to Expunge Marijuana Convictions. Gov. Gretchen Whitmer (D) has signed six "clean slate" bills, including one that will allow past marijuana offenders to have their offenses expunged from their records. The bill doesn't apply to felony convictions that earned a sentence of 10 years or more. "This is a historic day in Michigan. These bipartisan bills are a game changer for people who are seeking opportunities for employment, housing, and more, and they will help ensure a clean slate for hundreds of thousands of Michiganders," said Governor Whitmer.

New Jersey Poll Shows Marijuana Legalization Initiative Doing Well. A new Farleigh Dickinson University poll has the state's marijuana legalization initiative winning the support of 61% of likely voters and those who have already voted. Only 29% were opposed. That leaves 10% undecided, but if the poll is accurate, even if every undecided voter voted "no," the measure would still pass.

Law Enforcement

Virginia Bill to Limit Police Traffic Stops Goes to Governor. The General Assembly has approved HB 5058, which would bar police from stopping drivers for a wide range of small-time vehicle equipment infractions and block them from searching vehicles on the basis that police smell marijuana coming from the vehicle. "This might be the most significant reform of the state's criminal justice system in decades," said Arlington Public Defender Brad Haywood, executive director of Justice Forward Virginia, a reform coalition that helped to spearhead the legislation. "his is a big step forward for racial justice in Virginia." It is now up to Gov. Ralph Northam (D) to sign the bill.

Will New Jersey Be the Next State to Legalize Weed? [FEATURE]

New Jersey looks set to be the next state to legalize marijuana. It's on the ballot come election day, the polls are looking good, and while it's not the only state with marijuana legalization on the ballot, the others -- Arizona, Montana, and South Dakota -- are all out West, and the Garden State should beat them by a few hours.

The New Jersey legalization initiative, Public Question 1, would amend the state constitution to legalize the recreational use of marijuana and its cultivation, processing, and retail sale. It also designates the existing Cannabis Regulatory Commission (CRC), which currently handles medical marijuana, to regulate all legal marijuana commerce. Retail marijuana sales would be subject to the state sales tax of 6.625%, but any other states sales taxes would be prohibited. The initiative authorizes the legislature to let local governments add a 2% local sales tax.

It also leaves it up to the legislature and the CRC to address unresolved issues. Those include whether and how home cultivation would be allowed, how much weed people could possess, and detailed retail regulations.

If the measure passes, New Jersey will be not only the first to legalize it this election day, it will also be the first Mid-Atlantic state to do so, and the first to legalize it via a legislatively-initiated voter referendum. Of the 11 states (and the District of Columbia) that have so far legalized marijuana, nine did it through citizen-based ballot initiatives, while in the other two, Illinois and Vermont, the legislatures passed legalization bills.

But even though Gov. Phil Murphy (D) campaigned on marijuana legalization in 2017 and vowed to get it passed in 100 days, legislative infighting, opposition within the Legislative Black Caucus, and bickering over revenues blocked the legislature from ever getting it done. As a last resort, Senate President Stephen Sweeney (D) and marijuana reform champion Sen. Nick Scutari (D) filed the resolution giving the voters the final decision. It passed with overwhelming Democratic support over strong Republican opposition last December.

And the polls have consistently shown it winning in November.An April Monmouth University poll of registered voters had the measure winning 61% of the vote, while a July Brach Eichler Cannabis Poll of likely voters had support at 67.6%. An August Brach Eichler Cannabis Poll had support at 66%, a barely noticeable decline and still a number to warm the hearts of legalization supporters.

That latter poll also had a large majority (74%) saying the state should make sure that racial equity issues are addressed, while another large majority, 71%, wanted tax revenues to be used for drug awareness and education. More than half (55%) wanted to see higher marijuana taxes.

"The [poll] shows that as we get closer to the November election, public awareness and support for the legalization of adult cannabis use is steady or growing," John D. Fanburg, co-chair of the Cannabis Law Practice at Brach Eichler, said in a press release accompanying the poll. "Additionally, we can see that voters are recognizing the importance of addressing the social justice impact of disproportional enforcement and arrests against New Jersey's minority population."

For Ken Wolski, RN, executive director of the Coalition for Medical Marijuana -- New Jersey (CMM-NJ), supporting the initiative is a no-brainer. Wolski and CMM-NJ are part of a broader coalition, NJ CAN 2020, that is working with Head Count's Cannabis Voter Project to end marijuana prohibition in the Garden State. Other coalition members include the ACLU-New Jersey, Doctors for Cannabis Regulation, the Latino Action Network, the Law Enforcement Action Partnership, the NAACP New Jersey State Conference, and the New Jersey CannaBusiness Association.

"Legalizing marijuana is the best way to get the right medicine to the most people," Wolski told the Chronicle in an email exchange. "Legalization will make it much easier for adults to take advantage of the tremendous therapeutic potential of cannabis. No longer will adults need a specific diagnosis and multiple visits to physicians to obtain cannabis. Adults in New Jersey will be able to purchase cannabis over the counter, like they purchase aspirin now. NJ currently has some of the most expensive medical cannabis in the country, but increased competition will bring down those prices. Home grow should also come into play. Easily available marijuana will improve public health," he said.

Wolski is counseling reefer revolutionaries who don't think the measure goes far enough to think again. There will be opportunities to further shape what legalization looks like down the road, he said.

"Unfortunately, some marijuana reform advocates oppose the amendment because it does not address their specific concerns about guaranteeing home cultivation, ensuring that ex-felons can participate in the new legal industry, ensuring reparations for individuals and communities harmed by the war on marijuana, etc.," he explained.

"To those who say the question does not go far enough, I point out that the CRC must follow the regulatory process, which ensures input from the people of the state," Wolski continued. "The CRC will hold public hearings before they draft the regulations, then there will be a Public Comment period before they adopt the regulations. This will be the time to make opinions about home grow, social equity, affordable licenses, etc. known. The entire process will be transparent. If some of our demands are not met in the first go-round, we can immediately file to amend the regulations. The very first step is to give whole-hearted support for the ballot question, without which, there will be no reform of marijuana laws in New Jersey for the foreseeable future."

And he'll be fighting for home cultivation, he said.

"We anticipate arguments in civil and criminal courts that the amendment does, in fact, allow home cultivation," Wolski explained. "We plan to work with the CRC in the development of regulations to ensure that home cultivation is part of legal cannabis in New Jersey. At the same time, we will continue to work with legislators for a bill to specifically allow New Jersey medical marijuana program patients and caregivers to grow a limited supply of cannabis for their medical needs."

But first, the measure needs to win.

"If the ballot question fails, the war on marijuana will be business as usual, and we will be that much further away from home cultivation, legalization, expungement, social justice, etc.," Wolski warned. "The first step is victory in November that we can build on. We encourage New Jersey residents to join us in our efforts to pass this ballot question."

Settlement in Breonna Taylor Drug Raid Killing, UN Human Rights Chief Criticizes Philippines Drug War, More... (9/15/20)

There is a landmark settlement in the killing of Breonna Taylor, the federal government hints at a move toward the use of hair follicle testing for federal employees, and more. 

Drug war victim Breonna Taylor. Her family has settled with the city of Louisville. (Taylor family)
Medical Marijuana

Utah Lawsuit Over Legislature's Replacement of Voter-Approved Medical Marijuana Initiative Dropped. Proponents of a voter-approved medical marijuana initiative have dropped a lawsuit challenging the state legislature's replacement of it with a more restrictive program have dropped their lawsuit against the state after the legislature backed off of a plan to have the state dispense the medicine to qualifying patients.

Drug Testing

Feds Push for Hair Follicle Drug Testing Despite Known Racial Disparities in Results. The Department of Health and Human Services has announced a proposal to set scientific and technical guidelines for the use of hair follicle specimens for drug testing federal workers—even though the hair follicle tests are known for producing racially disparate results. The proposal would allow executive branch agencies "to collect and test a hair specimen as part of their drug testing programs with the limitation that hair specimens be used for pre-employment (i.e., for applicants applying for federal testing designated positions) and random testing."

Law Enforcement

City of Louisville Reaches Settlement with Breonna Taylor Family. The city of Louisville has settled a lawsuit with the family of Breonna Taylor, the black women killed by Louisville police in a badly botched no-knock drug raid in which no drugs were found. In addition to a $12 million cash settlement, the settlement will require police commanders to approve all search warrant application, require police to undergo extensive risk assessments before applying for a warrant, and require that an EMT or paramedic by on site during the execution of search warrants. The settlement does not impact ongoing criminal investigations of the police involved in the raid.

International

UN Human Rights Chief Calls for End to Policies, Rhetoric That Lead to Abuses and Killings in the Philippines. United Nations High Commissioner for Human Rights Michelle Bachelet said Monday that the Philippine government should change policies that lead to killings and other human rights violations. Her remarks came during her opening statement at the 45th session of the Human Rights Council in Geneva. She said that human rights principals "require accountable policing and access to justice help to avert the escalation of tensions and grievances into violence and conflict." Bachelet acknowledged that the Philippine government has committed to investigate more than 5,000 drug war killings, but said that was just a first step. "We are seeking details from the government so we can advise and assess the review panel's scope, process and efficacy," Bachelet said. "However, beyond this initial process, there is clearly an urgent need to revoke the policies that continue to result in killings and other human rights violations, to bring to justice the perpetrators, and to halt the use of rhetoric inciting violence against people who use or sell drugs."

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