Tag: legalized marijuana

New Jersey Lawmakers And Marijuana Activists Push To Legalize Home Cultivation, Which Is Still A Felony

For the last two years, people have been able to stroll into New Jersey dispensaries to buy weed. But growing your own cannabis plant remains a third-degree felony.

Despite a growing number of nearby states legalizing the growing of marijuana plants at home, bills to do the same in New Jersey have languished every session since cannabis was legalized.

A state senator and chief sponsor of a bill to allow medical marijuana patients to grow cannabis, plus another bill that would expand that to 10 plants for medical patients and six plants for recreational users, said the fight for home grow is “at a standstill.”

“We said we were doing this bill for criminal justice purposes, and to partially correct the very failed multi-billion war on drugs campaign that happened for decades in New Jersey, so this is frustrating. I feel like we’re not headed in the right direction,” said Sen. Vin Gopal (D-Monmouth).

Under the state’s cannabis laws, the only people allowed to grow marijuana are those with cultivator licenses. Lawmakers, particularly Senate President Nicholas Scutari (D-Union), have previously voiced hesitancy over a home grow program, saying it would stunt the growth of the legal industry and allow the underground market to flourish without regulations. Scutari long pushed to make marijuana legal and sponsored the recreational legalization law.

In an interview last April, he said discussions had started about “perhaps allowing for a very, very slim amount of home grow applicants, some of the more significant or medical patients.”

Scutari did not respond to a request for comment for this story.

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Maine Governor Signs Bill Allowing Marijuana Convictions To Be Sealed Upon Application

The Maine Legislature passed two bills that would expand eligibility for sealing criminal records, one that drops the age requirements for record sealing and another that allows for sealing now-legal marijuana crimes.

While these plans require people to apply to have records sealed, another proposal that would have automated the process failed after criticism that doing so would violate the First Amendment. That bill specifically applied to criminal records for marijuana possession and cultivation that’s since been legalized in Maine.

The Legislature signaled that Maine’s reconciliation with when it may be appropriate to seal criminal records is far from over, as it also passed a bill to make permanent a commission to continue to study the issue.

Unfinished work on this matter was made clear during floor speeches on these bills, as well, from lawmakers who voted both for and against the range of measures.

The bill that removed the age-related prerequisite for sealing criminal history, LD 2188, passed the House 87–59 and the Senate 25–9. Ahead of the Senate vote, Sen. Lisa Keim (R-Oxford), who voted against the bill, argued record sealing is the incorrect means to give people a fresh start.

“I’m very in favor of second changes and letting people rebuild their lives after making mistakes,” Keim said. “My problem with this legislation, and similar legislation, is the false sense of security.”

Rather than shielding the records from public view, Keim said Maine should instead develop a more robust pardon process.

While legislators agreed to provide a way for people to apply to have certain criminal histories sealed, the majority of the House and Senate did not go so far as to make record-sealing the default.

The bill the Legislature killed, LD 2269, would have tasked state agencies with reviewing criminal record information on a monthly basis and then sealing records for crimes that are no longer considered illegal under Maine’s adult use cannabis law, which was enacted in 2017.

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Ohio Recreational Marijuana Sales Could Launch In June Under Regulators’ Expedited Plan, Lawmaker Says

Ohio marijuana sales could launch as soon as June under a regulatory plan that a legislative rulemaking committee is set to approve as lawmakers’ plans to revise the voter-approved legalization law continue to stall out.

Regulators have until September to start issuing cannabis business licenses under the ballot initiative that was approved last November, but the Division of Cannabis Control (DCC) has devised a plan to start granting dual licenses to existing medical marijuana operators to begin serving adult consumers early this summer.

Rep. Jamie Callender (R), a proponent of cannabis reform in the legislature, told News 5 Cleveland that members of the Joint Committee On Agency Rule Review (JCARR), which he chairs, are positioned to accept the proposed regulations at a meeting on May 13.

“We could have retailers—recreational licensed retailers—in Ohio by mid-June,” he said. “We should begin to see legal recreational sales of marijuana in Ohio certainly before July 4th weekend.”

“The distribution of retail sites—they are already in existence for medical—will be able to get a dual license,” he said. “The application will be available, absent a problem in JCARR, which I don’t anticipate, prior to June 7.”

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Record Number Of Truck Drivers Refuse To Take Drug Tests As More States Legalize Marijuana

As more states legalize marijuana, a new federal report shows that the number of positive drug tests among commercial drivers fell last year compared to the year before, dropping from 57,597 in 2022 to 54,464 in 2023. At the same time, however, the number of drivers who refused to be screened at all also increased by 39 percent.

The record-high number of refusals comes as the transportation industry faces a nationwide shortage of drivers, which some trade groups have said has only been made worse by drug testing policies that risk flagging drivers even when they’re not impaired on the job.

The rise in refusals meant that even though there were fewer positive tests overall in 2023, the total number of recorded drug violations among truckers actually rose slightly—to 68,229 in 2023 compared to 67,775 a year earlier.

“The overall rise in drug violations in 2023, even though there are fewer positive tests, is attributed to a nearly 40% increase in reported drug test refusals—9,214 in 2022 versus 12,804 in 2023,” the Federal Motor Carrier Safety Administration (FMCSA), which produced the new report, told the trade publication Transport Topics.

“Drug test refusals include employer reported refusals like failing to show up for a random test, or leaving a test collection facility after a test has begun but before it’s complete,” added FMCSA, an arm of the U.S. Department of Transportation.

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Missouri Warns Marijuana License Applicants Of ‘Predatory Practices’ Around Social Equity Status

Veterans John and Kara Grady received a Facebook message last week from a man who was “looking for a female veteran to be part of our dispensary license.”

Being a veteran is one of the seven categories that makes people eligible to win one of the state’s social-equity marijuana licenses, called “microbusiness licenses.” The other categories range from having a lower income or living in an area considered impoverished to having past arrests or incarcerations related to marijuana offenses.

When the Gradys—who run Slaphappy Beverage Co., which sells hemp-derived THC drinks—turned him down, the man began attacking them on their social media pages.

“I was like, ‘What kind of tactics are these?’” John Grady said in an interview with The Independent. “You have to ask yourself—if it’s that competitive on the microbusiness licenses, then really what’s going on?”

Just hours before Grady received that message, the Missouri Division of Cannabis Regulation issued a warning about “predatory practices” in social-equity marijuana licensing throughout the country.

And those tactics are likely escalating, with the next round of applications running April 15 to 29.

“[The Division of Cannabis Regulation] has become aware of solicitation efforts by companies to apply for microbusiness licenses on behalf of qualified individuals with promises of future ownership in the license,” the agency said in a press release last week.

The division warned that some groups are scamming eligible people by giving them, “no agreements in place that would actually result in the eligible individuals being the owners of the license.”

The division recently revoked nine of the 48 social-equity cannabis licenses issued in October—following an investigation by The Independent that found some applicants thought they were partnering with the Michigan investor but in reality signed agreements requiring them to relinquish all control and profits of the business.

The revocations came just as the division was gearing up for the second round of microbusiness applications, and now the state is urging applicants to be extra careful regarding whom they partner with.

“Eligible individuals should exercise caution in accepting such arrangements as some of the solicitations may be predatory in nature,” the division’s Thursday press release states.

Because only 39 of the 48 microbusiness licenses were ultimately issued from the first round, the division will award one additional wholesale license and eight additional dispensary licenses in the upcoming round.

The owners of the revoked licenses have vowed to appeal, though nothing has been filed as of yet.

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Federal Officials Are Suddenly Seizing Marijuana From State-Licensed Businesses, Leaving Industry Perplexed

Federal officials have been seizing hundreds of thousands of dollars worth of marijuana from state-licensed cannabis businesses in New Mexico in recent weeks—detaining industry workers in what appears to be a localized escalation of national prohibition enforcement even as the federal government has largely refrained from interfering with the implementation of state legalization laws in recent years.

New Mexico marijuana businesses report that the more than dozen U.S. Customs and Border Protection (CBP) seizures, particularly at interior checkpoints around the Las Cruces area, are a relatively new phenomenon. Since adult-use marijuana sales launched in the state in 2022, the operators say they’ve generally been able to transport their products to testing facilities and retailers without incident.

Starting around two months ago, however, the agency has evidently taken a more proactive approach to enforcing federal prohibition, taking hundreds of pounds of cannabis at the checkpoints inside the state. CBP is able to carry out its activities within 100 miles of the U.S. border.

“There’s a lot of really successful important cannabis producers and cannabis manufacturers operating south of those checkpoints,” Ben Lewinger, executive director of the New Mexico Cannabis Chamber of Commerce, told Marijuana Moment. “Basically, every road that you could take from the southern to the northern part of the state, you have to go through one of these checkpoints—and it’s just bifurcating the industry and making it impossible for people in the southern part of the state to get their products to anywhere in the central or northern part of the state.”

CBP has made at least 13 stops and seizures of state-legal marijuana products since February, Lewinger, said adding that he “wouldn’t be surprised if it’s twice that number.”

“I’m certain that it’s underreported,” he said. “I think there’s lots of people who still have that fear and the stigma, and they don’t want to rattle cages.”

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Colorado Amendment Addresses Concerns On Banning Social Media Marijuana Posts, But Questions On Psychedelics And Other Drugs Remain

Colorado lawmakers advanced an amended social media bill on Thursday that, as introduced, would have forced platforms to ban users for talking positively about marijuana online. But while the sponsor says the issue has now been “worked out” with recent changes, critics contend the revised legislation still fails to address concerns around statements regarding other substances, including state-legal psychedelics, certain hemp products and even some over-the-counter cough syrups.

The bill, SB24-158—a broad proposal concerning internet age verification and content policies—would require social media platforms to immediately remove any user “who promotes, sells, or advertises an illicit substance.”

Initially that provision would have applied to all controlled substances under state law, but an amendment from the bill’s sponsor, Sen. Chris Hansen (D), includes language saying that “a social media platform may allow a user to promote, sell, or advertise medical marijuana or retail marijuana to users who are at least twenty-one years of age” so long as the content complies with state cannabis laws.

Members of the Senate Committee on Business, Labor and Technology at Thursday’s hearing unanimously approved the amended bill, advancing it to the Appropriations Committee with a favorable report.

“We have worked out adjustment language with the MJ industry,” Hansen told Marijuana Moment in an email about the amendment last week, in response to questions about the potential consequences of the bill. “Those amendments will be distributed later today in preparation for the bill being voted on in committee on Thursday.”

But even before the amendment landed in committee this week, a fellow at the center-right think tank R Street Institute, said the changes leave major issues unaddressed.

“The updated version would still prevent users from from promoting NyQuil or anti-anxiety medications among many others, even though it exempts marijuana,” Shoshana Weismann, who first called out the potential problems in the bill’s drug-related language, told Marijuana Moment in an email. “And if you promote those medications, you will be reported to law enforcement. That is asinine.”

The amended bill also still specifies that its restrictions apply to certain hemp products with more than 1.25 milligrams THC or a CBD-to-THC ratio of less than 20 to 1, as well as most other hemp-containing products intended for human consumption that are not “a dietary supplement, a food, a food additive, or an herb.”

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Minnesota Lawmakers Propose Raft Of Changes To State Marijuana Law, Including Homegrow And Equity Adjustments

The lead sponsors of 2023’s recreational cannabis law are sensitive to suggestions that the sweeping law needs “fixing.” Such a word might be interpreted as endorsing Republican talking points that the bill—along with much of the work of the 2023 session—was rushed and that mistakes were made.

Instead, top sponsors of House File 100 say changes they are both proposing, as well others filed by other lawmakers, are expected and routine. The law will be “modified,” not fixed.

“As I said many times last year, it won’t be the last time the Legislature hears a cannabis bill,” said Sen. Lindsey Port, the Burnsville DFLer who was the lead sponsor in the Senate. “Prohibition of alcohol ended nearly 100 years ago and we still have a liquor bill nearly every year.”

That said, what is being proposed to change the law at the midpoint between legalization and retail sales? Both Port and Rep. Zack Stephenson (DFL-Coon Rapids) have said they expect to have an omnibus cannabis bill that will contain all changes in one package.

The Office of Cannabis Management’s 100-page proposal—Senate File 4782/House File 4757—is the stage setter. Even though these bills show Port and Stephenson as sponsors, they put their name on top as a courtesy to the Office of Cannabis Management (OCM). Their own work will likely be affixed to the OCM bill.

The long list of changes would adjust how so-called social equity licenses are distributed, change the ownership ratios for such license holders, bring the hemp-derived market regulation under the Office of Cannabis Management sooner and put numerical caps on each type of license rather than let OCM decide how many the market requires. Many of the changes were suggested as ways to get to the same end point as HF 100 but with less risk of litigation.

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GOP Senators Tell DEA To Reject Marijuana Rescheduling, Arguing It Would Violate International Treaties

Three Republican senators are urging the Drug Enforcement Administration (DEA) to reject the top federal health agency’s marijuana rescheduling recommendation, arguing that it would put the U.S. out of compliance with international treaty obligations and make it harder to ensure that other countries continue to enforce drug laws, “including for deadly narcotics like fentanyl.”

In a letter sent to DEA Administrator Anne Milgram on Wednesday, Sens. Mitt Romney (R-UT), James Risch (R-ID) and Pete Ricketts (R-NE) said the agency should adhere to precedent and decline to move cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA), as the U.S. Department of Health and Human Services (HHS) has advised.

“Any effort to reschedule marijuana must be based on proven facts and scientific evidence—not the favored policy of a particular administration—and account for our treaty obligations,” the Senate Foreign Relations Committee members wrote.

“Marijuana is controlled under the Single Convention—which is not surprising given its known dangers and health risks—and the United Nation’s International Narcotics Control Board (INCB) has fiercely criticized efforts to legalize marijuana in other countries as a violation of the treaty,” they said.

The letter notes that the Senate ratified the Single Convention that contains drug policy mandates for member states in an unanimous vote in 1967. And they pointed out that DEA has previously cited international treaty obligations in denying past rescheduling petitions.

“It is important that the DEA continues to follow the law and abide by our treaty commitments,” they said, listing a series of questions they’re asking the agency to answer.

For example, the senators asked if DEA still considers it necessary to keep marijuana in either Schedule I or Schedule II to comply with the Single Convention, as it concluded under the Obama administration.

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Germany’s Marijuana Legalization Bill Is Officially Signed Into Law And Will Take Effect On Monday

A bill to legalize marijuana nationwide in Germany has officially been signed into law, with the reform set to take effect next week.

Bundesrat President Manuela Schwesig signed the legislation on Wednesday, the last step to enactment. Usually German Federal President Frank-Walter Steinmeier would sign legislation, but because he’s currently away on vacation, that responsibility was handed down to the head of the legislative chamber representing individual states.

This comes one week after members of the Bundesrat reached a deal with Health Minister Karl Lauterbach and other government ministers and declined to refer the cannabis legislation to a mediation committee that would have delayed implementation by six months. Instead, the law will go into force on Monday as planned.

The Bundestag passed the marijuana legalization measure last month. The Bundesrat previously tried to block the proposed reform in September but ultimately failed.

Effective April 1, adults will be allowed to possess up to 25 grams of cannabis and grow up to three plants for personal use. Then, beginning July 1, adults could join “social clubs” where they could buy up to 25 grams of cannabis, with a cap of 50 grams per month. That cap is 30 grams for members under 21 years old.

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