Tag: legalized marijuana

Nebraska Tribe Punches Back After State Officials Hint At Prosecuting People For Buying Marijuana On Its Reservation

A Native American tribe in Nebraska, as well as cannabis reform activists, are punching back against the governor and state attorney general over recent comments suggesting that people would be prosecuted if they buy marijuana from businesses on its reservation.

Gov. Jim Pillen (R) and Attorney General Mike Hilgers (R) both made controversial remarks about the tribe’s cannabis program this week amid negotiations over a compact on tax revenue from tobacco sales.

Hilgers said that people who buy marijuana under the Omaha Tribe of Nebraska’s planned legal market on its reservation within the state do so “at their own peril,” implying enforcement action against citizens for purchasing what he described as a “poison” if they take it beyond the territory’s borders.

In response, the tribe’s attorney general, John Cartier, put out a statement condemning the top state officials, emphasizing that the state “cannot dictate our internal licensing” and that “retaliation and misinformation do not serve patients or taxpayers.”

“We continue to act in good faith and are ready to work with the Governor to find agreement that benefits both parties, but we caution him: if he is relying solely on the Attorney General’s flawed interpretation of the law, personal crusades are clouding his legal judgment as they have before,” he said. “If the State continues to retaliate or attempts to block our lawful enterprise, we will defend our sovereignty through all available means.”

Cartier said the notion that the tribe can’t sell marijuana under its regulatory model to non-tribal members is “wrong.”

“Nebraskans overwhelmingly approved medical cannabis last November, yet the administration has pursued litigation and commission actions that frustrate voter intent and depart from Nebraska law and the sponsors’ stated purpose,” the statement says. “None of this alters the jurisdictional line that preserves the Tribe’s authority on tribal lands. The Tribe has moved forward, as is our right, with regulations that align with statute. The State’s reaction misstates the law and distracts from patient-focused solutions.”

The tribe’s attorney general said its members are willing to compromise on the tobacco tax issue and accept a compact deal previously offered by the administration. But if that compromise plan is also being withdrawn, he said that would “demonstrate direct retaliation against the Tribe, and we will respond accordingly.”

“We prefer to work directly with the Governor on a tobacco tax compact that benefits both parties and respects sovereignty. Any attempt to leverage an unrelated, lawful medical cannabis program against compact discussions is improper. We look forward to the administration’s written position and we will respond through the proper channels.”

The tribe’s attorney general previously claimed that the state is using its efforts to legalize marijuana as an excuse to suspend negotiations on the tobacco tax deal.

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Nebraska Attorney General Calls Marijuana A ‘Poison’ And Says People Who Buy It From A Tribe Within The State Do So ‘At Their Own Peril’

The attorney general of Nebraska says people who buy marijuana under a Native American tribe’s planned legal market on its reservation within the state do so “at their own peril,” implying enforcement action against citizens for purchasing what he described as a “poison” if they take it beyond the territory’s borders.

During a press conference focused on an unrelated executive order, Gov. Jim Pillen (R) and Attorney General Mike Hilgers (R) were asked about ongoing negotiations with the Omaha Tribe of Nebraska over a tobacco tax compact and the tribe’s move to legalize cannabis within the prohibitionist state.

“I think that my position is crystal clear. I’m totally opposed in recreational marijuana,” the governor said. “If the Omaha tribe progresses to that extent, my view is really simple: There’s not going to be Nebraskans going into the Omaha buying recreational marijuana. We’ll take whatever steps it is to keep our state values and keep that from happening.”

Hilgers, the state attorney general, also spoke about the tribe’s cannabis program alongside the governor, as well as during a separate press briefing on Wednesday.

While compacts between the state and tribal governments can be “good” for both parties, he said what the Omaha tribe has proposed is both a usurpation of tax revenue from tobacco sales and a willful defiance of state laws around marijuana.

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Ohio Lawmakers Approve Marijuana Bill That Creates A Process To Expunge Past Convictions

Some of the tens of thousands of Ohioans dogged by dated marijuana possession offenses could clear their names under new legislation passed by the State House on Wednesday.

The bill would allow expungement, a legal process that erases prior convictions from one’s record, which can impair housing and job applications even years later. It only applies for crimes of possessing less than 2.5 ounces of marijuana, which voters legalized in 2023.

The expungement provision passed within larger legislation on a bipartisan 87-8 vote that sets new rules on the sale of recreational marijuana and so-called “intoxicating hemp” marijuana knockoffs.

More than 16,000 possession arrests per year in Ohio

For most of the 21st century, an average of 16,000 Ohioans would be arrested each year (not necessarily convicted), according to FBI data. The numbers began to fall in 2019, when Ohio first allowed for the medicinal use of marijuana, followed by recreational use in 2023.

While President Joe Biden in 2022 issued a blanket pardon for federal marijuana offenses, state level convictions have festered since then. The House-passed bill paves the way to expungement for many of those with convictions lingering on their records.

“If you smoked a joint when you were 18, in 2002, in your 40s, you should not have barriers to housing, or employment, or public services, because you got in trouble when you were 18 for something that is completely legal,” said Rep. Dani Isaacsohn, the ranking House Democrat, in a floor speech Wednesday.

How to apply for expungement under the bill

Expungements didn’t go as far as some Democratic lawmakers and the ACLU wanted. Rep. Desiree Tims, a Dayton Democrat, said in committee the bill should have an automatic expungement mechanism, or at least a system to notify affected people that the new option is available. Plus, the application comes with a $50 fee that some can’t afford, she said.

Rep. Josh Williams, a Toledo Republican and attorney who regularly champions expungement policy, said a recent Ohio Supreme Court decision effectively tied lawmakers hands on the issue and requires them to leave judges some discretion. However, he said SB56 gives defendants every advantage possible while still likely passing court muster.

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Michigan Lawmakers Consider Bills To Change Legal Marijuana Possession Limits And Alter Industry Disciplinary Rules

Four marijuana-related bills were up for consideration before a House panel on Thursday, with one aiming to upend rules on the legal amount of regulated marijuana a person is allowed to possess, both in plant and concentrate form.

Members of the House Regulatory Reform Committee discussed but did not amend or advance House Bill House 5104, Bill 5105, House Bill 5106 and House Bill 5107.

Derek Sova, a policy and legislative assistant for the Cannabis Regulatory Agency, told the committee previously that Michigan’s legal marijuana industry faced several challenges, and that two of those big hurdles were large illicit grow operations and the agency’s inability to go after bad actors because their licenses had expired.

The series of bills before the committee would address those concerns.

House Bill 5105 and House Bill 5107 are sponsored by state Reps. Pauline Wendzel (R-Watervliet) and Mike Hoadley (R-Au Gres), respectively. The bills would in tandem create new penalties for cultivating, delivering and processing black market marijuana, but also change the amount of marijuana a person is legally allowed to possess in plant and concentrate form.

The bills are tie-barred together, meaning both would have to jointly clear the Legislature and be signed by the governor to become law.

Under Wendzel’s bill, a person would be guilty of a misdemeanor if they possess between 10 and 25 kilograms, or between 50 and 100 plants, or between one and 2.5 kilograms of marijuana concentrate. The penalty would change to up to one year in jail or a $20,000 fine, or both.

Keeping between 25 and 125 kilograms, or between 100 and 500 plants, or between 2.5 and 12.5 kilograms of marijuana concentrate would become a felony punishable by two years in prison or a $500,000 fine, or both.

It would also be a felony offense to:

  • Keep between 125 and 250 kilograms, or between 500 and 1,000 plants, or between 12.5 and 25 kilograms. That could net a person four years in prison or a $2 million fine or both; and
  • Keep 250 kilograms or more, or 1,000 plants or more, or 25 kilograms or more of marijuana concentrate. The punishment there would be up to 10 years in prison or a $10 million fine, or both.

Sponsored by state Rep. Kristian Grant (D-Grand Rapids), House Bill 5104 would allow the Cannabis Regulatory Agency to sanction a person even if they are no longer a licensee or if they are no longer operating a marijuana facility.

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Ohio House Passes Bill To Remove Voter-Approved Marijuana Legalization Protections And Restrict Hemp Market

The Ohio House of Representatives has passed a bill that would make significant changes to the state’s voter-approved marijuana legalization law by removing several protections for consumers while also adding a series of new restrictions on hemp products that are intended to align the two sectors of the cannabis industry.

After moving through several House committees this week, with substantive amendments, the full chamber approved the legislation from Sen. Stephen Huffman (R) in a 87-8 vote on Wednesday.

While the measure previously passed the Senate in earlier form it will need to return to that chamber for concurrence, or go to a bicameral conference committee, before potentially heading to the governor’s desk.

Certain controversial provisions of the bill as passed by the Senate were scaled back by the House, but advocates are concerned that it would still make major changes to the marijuana law voters approved in 2023.

Rep. Brian Stewart (R), who has shepherded the legislation through the House, argued ahead of the floor vote that the legislation effectively reaches a “carefully crafted compromise” between lawmakers with differing perspectives on cannabis issues.

“This bill has been very difficult to wrangle, but most of our substantive bills usually are. Rather than being some kind of mushy muddle of weak sauce tie-breakers, this bill does what we all claim that we wanted to come to Columbus to do,” he said. “It tackles the issue head-on. It makes tough decisions. It respects and implements the feedback from residents and advocates across the affected industries. This bill wisely balances between Ohioans’ individual liberties, their safety, the financial wellbeing of our local communities and the need to protect the health and safety of Ohio’s children.”

Rep. Jamie Callender (R), who sponsored marijuana legalization legislation ahead of voters’ approval of the reform at the ballot, said the bill is “not perfect” but argued that lawmakers “have to act” to address intoxicating hemp and other pending issues.

“This is the revised code we’re writing,” he said. “I anticipate there will be numerous other bills on these topics in the near- and long-term future, as there should be… I’ll keep working with everyone to make it better.”

While its supporters have described it as a less heavy-handed approach compared to the original Senate bill, the measure would make substantive changes to the existing legalization law—with several provisions that advocates say directly contradict the will of voters and represent overreach on the part of lawmakers.

For example, the proposal would eliminate language in current statute providing anti-discrimination protections for people who lawfully use cannabis. That includes protections meant to prevent adverse actions in the context of child custody rights, the ability to qualify for organ transplants and professional licensing.

It would also recriminalize possessing marijuana from any source that isn’t a state-licensed dispensary in Ohio or from a legal homegrow. As such, people could be charged with a crime for carrying cannabis they bought at a legal retailer in neighboring Michigan.

Additionally, it would ban smoking cannabis at outdoor public locations such as bar patios—and it would allow landlords to prohibit vaping marijuana at rented homes. Violating that latter policy, even if it involves vaping in a person’s own backyard at a rental home, would constitute a misdemeanor offense.

Karen O’Keefe, director of states policies at the Marijuana Policy Project (MPP), said in a letter to House lawmakers on Wednesday that SB 56 as currently drafted “eliminates essential protections from the voter-enacted law and recriminalizes innocuous conduct that voters legalized.”

“Please reject this erosion of freedoms enacted by voters,” she said.

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Ohio Lawmakers Advance Bill To Scale Back Voter-Approved Marijuana Law And Impose Hemp Regulations

Ohio House lawmakers on Tuesday approved an amended Senate-passed bill that would make significant changes to the state’s voter-approved marijuana legalization law while incorporating a series of regulations for hemp that are meant to align the two sectors of the cannabis industry.

Members of the House Judiciary Committee agreed to changes to the measure from Sen. Stephen Huffman (R) before advancing it to other panels and an expected floor vote on Wednesday. But while certain controversial provisions of the bill as passed by the Senate were scaled back, it would still make major changes to the marijuana law voters approved in 2023.

The measure will now go to the Rules Committee before being re-referred to the Finance Committee, after which point it’s expected to receive floor action.

“We’ve had years of testimony. We’ve heard from marijuana advocates, hemp advocates, public health advocates and everyone in between,” Rep. Brian Stewart (R) said. “We are generally going to take the feedback from the hemp industry, which said, ‘Treat us like marijuana,” he said. “They will have the same potency limitations, the same advertising restrictions, the same restrictions on quantities, serving size and how they operate.”

Rep. Jamie Callender (R), who has led the charge on marijuana policy in the House, said ahead of the vote that the revised bill would be “very thoughtful and targeted.” But at the hearing, he added that the legislation is “not perfect” or what he would have drafted.

“It’s a bill that can get passed that will help us implement some of the elements of Issue 2 that have been held up and give clarity to the rulemakers on some of the points that are outstanding,” he said, referring to the voter-approved legalization measure. “It also clarifies and cements a few of the gains that were gained over the years: Sharing, home grow, no new prosecutions [and] the taxes going to the local governments.”

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Maryland Police Get ‘Overwhelming’ Number Of Volunteers To Smoke Marijuana And Eat Free Lunch At DUI Training For Officers

Police in Ocean City, Maryland say they received an “overwhelming” number people who want to volunteer to smoke marijuana and drive a vehicle in a controlled setting for DUI recognition training purposes—with the added promise of a free lunch for participants.

Just seven hours after the Ocean City Police Department (OCPD) posted on Facebook that they were soliciting volunteers for the cannabis-impaired driving exercise, the agency on Tuesday followed up by advising the public that they had more than enough sign-ups and would not be accepting additional applications.

The department’s original post said they would be partnering with Cannabis Green Lab for the annual Maryland Highway Safety Office (MHSO) Zero Deaths DUI Conference. OCPD said it was looking to recruit 12-14 volunteers “to smoke cannabis for educational purposes while officers learn to recognize cannabis impairment.”

“The Green Lab helps both officers and participants better understand the effects and levels of impairment caused by cannabis, all in a safe, controlled setting,” it said.

Participants who are ultimately selected will need to bring their own cannabis to smoke prior to the driving exercise—but OCPD said the department will be providing free lunch to volunteers courtesy of MHSO.

Of course, driving while impaired is illegal in states that have legalized cannabis and in those that still maintain criminalization, so OCPD advised that a shuttle service will be available for participants when the exercise (and lunch time) is over.

“We’ll have about 40 student officers participating, so it’s a great way to help train the next generation of law enforcement safely and responsibly,” the department said.

Marijuana Moment reached out to OCPD for an estimate of how many sign-ups it received prior to closing the application window, but a representative was not immediately available.

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Ohio Senate Passes Marijuana DUI Bill Aimed At Protecting Drivers Who Aren’t High Behind The Wheel From Prosecution

The Ohio Senate unanimously passed legislation last week to overhaul the way that prosecutors must prove whether a person was driving under the influence of marijuana.

Ohio, like most the rest of the nation, has liberalized its marijuana laws over the past decade, now allowing recreational and medical use of the drug in a variety of forms.

This has posed a tricky challenge of setting a legal standard that prohibits driving while under the influence of marijuana, while not ensnaring people who are sober on the road but have used the drug in the past few days.

And unlike with alcohol’s well established limit of .08 percent of blood alcohol content as the legal threshold for impaired driving, the science around cannabis concentration in the blood is far murkier. Some people with high concentrations wouldn’t exhibit behavioral signs of impairment, while some people with low concentrations would, studies show.

“The current law allows for the conviction of innocent people, 100 percent straight out,” said Tim Huey in an interview, who lobbied for the bill on behalf of fellow DUI defense attorneys.

What the bill would do for drivers of accused of being high

Senate Bill 55, if agreed to by the Ohio House and the governor, would bring two big changes for people accused of driving while high. For one, it ends prosecutors’ current ability to convict drivers for driving under the influence based solely on the presence of marijuana “metabolites” in a person’s system.

Metabolites are the non-psychoactive byproduct of marijuana produced as the body breaks down (metabolizes) marijuana. Those metabolites can linger in a person’s system as long as 30 days after use, according to researchers and defense attorneys who support the bill.

Instead, police and prosecutors must show the presence of Delta 9-THC, the active ingredient that produces the high sensation.

The legislation also gives people accused of driving while high an opportunity to rebut the evidence against them if a comparatively lower concentration of marijuana is detected in their systems. That’s opposed to the “per se” system in current law, where a positive drug test almost guarantees a conviction.

“Basically right now we’re testing inactive metabolites, mostly through urine, and it’s really not accurate,” said Sen. Nathan Manning, a Lorain County Republican and former prosecutor who has pushed the legal change for years. “The inactive metabolites don’t show impairment, it just shows whether or not you used it [in the past].”

Several sources described the legal thresholds set in the legislation as the product of more art than science, and a compromise between prosecutors and defense attorneys who lobbied the bill.

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FBI Data Shows Marijuana Possession Arrests Make Up Over 20% of All Drug-Related Arrests

The FBI’s Crime Data Explorer reports at least 204,036 marijuana-related arrests last year, though the figure is likely an undercount due to gaps in reporting by some law enforcement agencies. The total also excludes cannabis cases that may be included in the tens of thousands of “unspecified drug abuse violations” reported by the bureau.

Of the 204,036 arrests, 92% — or 187,792 — were for simple possession. The remaining 16,244 arrests were tied to “sales/manufacturing.” In total, police reported 831,446 drug-related arrests nationwide in 2024.

Although the numbers remain high, marijuana arrests have declined significantly over the past decade. The drop coincides with the legalization of adult-use marijuana in 24 states and Washington, D.C. since 2012. At their peak in 2007, marijuana arrests surpassed 870,000, making up nearly half of all drug-related arrests at the time. Since 2000, police have made more than 16 million marijuana-related arrests.

“While the total number of marijuana-related arrests have fallen nationwide in recent years, it is clear that marijuana-related prosecutions still remain a primary driver of drug war enforcement in the United States,” said NORML Deputy Director Paul Armentano. “Hundreds of thousands of Americans continue to be arrested annually for low-level cannabis-related violations even though a majority of voters no longer believe that the responsible use of marijuana by adults should be a crime.”

Armentano added that these arrests often carry life-long consequences for those charged. “Low-level marijuana offenders, many of them younger, poor, and people of color, should not be saddled with an arrest, a criminal record, and with the lifelong penalties and stigma associated with it for engaging in behavior that is now legally regulated for adults in nearly half the states in this country.”

While the FBI adjusted its crime data collection methods in 2021, making exact comparisons more difficult, the long-term trend is clear: marijuana-related arrests, though down substantially, continue to account for a large share of U.S. drug enforcement.

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Study: Recreational Marijuana Legalization Linked to Fewer Opioid Overdose Deaths

Using event studies and a two-way fixed-effects, difference-in-differences approach modeled on the work of Callaway and Sant’Anna, the study found a consistent negative relationship between legal marijuana markets and opioid mortality. According to the data, recreational legalization is associated with a reduction of about 3.5 opioid overdose deaths per 100,000 people.

The study was conducted by researchers from West Virginia University, Angelo State University, New Mexico State University, and the American Institute for Economic Research

The researchers also discovered that states that adopted legalization earlier tended to see stronger declines in overdose deaths compared to later-adopting states. The findings held up through numerous robustness checks, suggesting a stable association rather than a temporary or coincidental effect.

These results add to a growing body of research suggesting that marijuana access may play a role in reducing reliance on opioids, potentially informing future public health and drug policy decisions. The authors note that their work highlights the importance of considering marijuana laws as part of a broader strategy for addressing the opioid epidemic.

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