Tag: legalized marijuana

Why Some Activists Fear Marijuana Rescheduling: Responding To Former FDA Official’s Dismissal Of Our Concerns 

Politico recently published an extensive Q&A with Howard Sklamberg, a former top Food and Drug Administration (FDA) official who currently works at the law firm Arnold and Porter. Many advocates for legalization and restorative justice have concerns about the rescheduling of cannabis to a Schedule III substance—fears that Sklamberg believes are “alarmist and misguided.”

As a longtime advocate, I have to say that I don’t share that view. Honestly, I can’t believe Sklamberg said some of the things that he said—and I think the fears that we have are well-informed, reasoned and practical, if for no other reason than the worrying lack of transparency coming from regulatory agencies since rescheduling was recommended last year. We advocates are not always right, but our track record on drug policy is better than that of the policymakers and regulators who campaigned for, created and continued the so-called war on drugs.

Regulators, elected officials and their surrogates could benefit from hearing and taking seriously the other side: the concerns that advocates have about cannabis rescheduling. I’ve done my best to capture some of them below.

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After Several Failed Efforts, Washington Lawmakers Introduce New Bill To Legalize Home Marijuana Cultivation

Washington State lawmakers are again trying to allow adults in the state to grow their own marijuana, having introduced a new bill that would allow the cultivation of up to six plants at home.

Washington voters legalized marijuana through a ballot measure in 2012, but the law still makes it a felony for anyone but medical patients to grow the plant. And though several bills have been introduced to allow home cultivation over the years—stretching back to 2015—so far each has failed to find traction.

The latest bill, HB 2194, is an update to a homegrow proposal introduced last year, which passed out of one House committee before being pulled from consideration in a second committee. In addition to the six-plant-per-adult limit, it would cap the total number of plants grown by any one household at 15.

Notwithstanding the state’s personal possession limit of one ounce of marijuana flower, adults would also be able to keep the cannabis produced by their legal plants.

“I just see it as a fundamentally illogical thing that we’re doing,” lead sponsor Rep. Shelley Kloba (D) told Marijuana Moment. “We’ve made it criminal to grow a plant whose products you can walk into a retail store and purchase.”

She noted that beer and wine are also both legal, “and those things are legal to produce in your home as a hobbyist. It doesn’t make sense that you can’t do that with cannabis.”

Under Kloba’s plan, it would be a civil infraction for an individual to grow between six and 15 plants, while growing 16 or more plants would be a class C felony—the current penalty for growing any marijuana at home. The felony charge carries a maximum five years imprisonment and up to a $10,000 fine.

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California Lawmaker Revives Bill To Legalize Marijuana Cafes Months After Governor’s Veto

A California lawmaker is renewing his push to legalize cannabis cafes in the state, with a newly introduced bill and plans to work with the governor and regulators to address concerns that resulted in the last version being vetoed.

Assemblymember Matt Haney (D) is again sponsoring the proposal, which would allow on-site marijuana consumption at licensed businesses, which could also offer non-cannabis food and drinks and host live events such as concerts if they get permission from the local government.

Gov. Gavin Newsom (D) vetoed the prior version, saying that while he appreciated that the intent was to “provide cannabis retailers with increased business opportunities and an avenue to attract new customers,” he felt “concerned this bill could undermine California’s long-standing smoke-free workplace protections.”

“Protecting the health and safety of workers is paramount,” the governor said at the time. “I encourage the author to address this concern in subsequent legislation.”

Accordingly, Haney says he’ll be exploring ways to resolve those concerns in collaboration with the governor’s office and the state Department of Cannabis Control (DCC).

As filed last week, however, it seems the basic provisions of the bill were kept the same as those discussions continue. The sponsor told The San Francisco Standard that the legislation will be amended to address the governor’s concerns “in the coming months.”

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Colleges In States That Legalize Marijuana See Spike In Applications From Higher Achieving Students, Study Finds

Colleges in states where recreational marijuana became legal over the past decade saw a significant but short-term boost in applications from top-notch students. They also got more applications overall. Those were the key findings of a new study our team published recently in the peer-reviewed journal Contemporary Economic Policy.

In the year that a particular state legalized recreational marijuana, the number of applications for that state’s colleges grew by about 5.5 percent more than colleges in states that did not legalize. This means that colleges in legal-marijuana states received a temporary boost in applications. We didn’t detect any increase beyond the initial spike. Our results control for school quality, tuition prices and labor market conditions that may affect student application decisions.

At a more detailed level, the gains were strongest for the largest schools, which observed a nearly 54 percent increase in applications compared with similarly sized schools in nonlegal states. Public colleges and universities benefited more than private ones, though applications for private schools rose in states where recreational marijuana became legal as well.

In addition, schools got more applications from high-achieving students. Standardized test scores for the top 25 percent of applicants spiked along with the quantity of applications.

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New Colorado Marijuana Hospitality Rules Take Effect As Regulators Tout Earlier ‘Successes’ Like Online Sales

Colorado marijuana regulators are promoting new rules for the industry that take effect on Monday—including increased sales limits for cannabis hospitality businesses that allow on-site use. They are also touting “successes” from the past year such as opening up online sales.

The state Marijuana Enforcement Division (MED) shared a list of rules that have been enacted under legislation passed by lawmakers and signed into law by Gov. Jared Polis (D) last year.

At the top of the list is the online sales development, which took effect last August. Customers must still physically pick up the marijuana products from retailers, but now they can browse and electronically purchase cannabis online ahead of visiting the store.

As of January 8, other key regulations are being implemented, too. That includes increasing the amount of cannabis that can be sold at licensed marijuana hospitality businesses to one ounce of flower and eight grams of concentrate.

The new rules will also require hospitality businesses to provide patrons with information about transportation options and establish standards to prevent overconsumption, while exempting them from certain requirements related to video surveillance at certain areas of spas.

Regulations that have already taken effect this past year that MED highlighted include new authorizations to seize and destroy regulated marijuana products that pose a threat to public health, a rule that allows new cannabis businesses to maintain and renew state licensure even if they’re rejected by local governments and empowering regulators to promulgate rules allowing or banning “chemical modification, conversion, or synthetic derivation of cannabinoids.”

“As we approach the new year, we are committed to leveraging the unique opportunity we have to reflect on our successes and lessons learned as one of the most mature adult-use cannabis markets in the nation,” Dominique Mendiola, senior director of MED, said in a press release. “We look forward to continuing our work together to demonstrate a model for responsible regulation as directed by the voters of Colorado and the General Assembly.”

The regulatory update comes days after Colorado’s governor, advocates and stakeholders celebrated the 10th anniversary of the first legal cannabis sales nationally and globally in the state.

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Colorado Governor’s Office Slams DeSantis’s Marijuana Stance, Pushing Back Against Claim Legalization Led To ‘Bigger’ Illicit Market

If Florida Gov. Ron DeSantis (R) needs some advice on how to promote “economic and personal freedom,” the state of Colorado is “happy” to explain the advantages of marijuana legalization, Gov. Jared Polis’s (D) office said after the Republican presidential candidate doubled down on his opposition to cannabis reform.

On Friday, DeSantis peddled a dubious claim that Colorado’s illicit market is “bigger” today than it was before legalizing adult-use cannabis in 2012, justifying his own personal opposition to the reform.

In response, a spokesperson for the Colorado governor’s office offered to correct the record for the 2024 GOP presidential hopeful in a statement to Marijuana Moment.

“The facts are that Colorado voters approved the legalization of marijuana which is curbing the illicit market, getting dealers off the streets, reducing youth use, funding school construction, supporting jobs and Colorado’s economy,” the governor’s spokesperson said. “Colorado is happy to provide the Florida governor advice on how to increase economic and personal freedom like we have in the free state of Colorado.”

In an interview on the radio station KCPS that aired on Friday, first noted by Florida Politics, DeSantis had challenged the idea that regulating marijuana sales puts illicit operators “out of business,” stating that it’s an “interesting” concept that he says hasn’t played out in Colorado, despite evidence to the contrary.

“There have been states like Colorado who’ve done things like legalized marijuana and the argument was, well, you want to have a black market? It will be above-board, taxed and all that stuff,” DeSantis said during the interview. “Yet Colorado has a bigger black market of marijuana since they’ve legalized it.”

It’s well-understood that enacting legalization doesn’t fully eliminate the illicit market, and states have had varying degrees of success to that end. But research indicates that Colorado has been among the most effective at transitioning people to the legal marketplace.

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Ohio GOP Governor Pushes Lawmakers To Allow Marijuana Sales ‘Very Quickly’ And Ban Intoxicating Hemp Products

Ohio’s Republican governor is adamant that lawmakers must pass legislation as soon as possible to expedite regulated recreational marijuana sales and also ban purchases of intoxicating hemp products.

With the legislature coming back into session for the new year, Gov. Mike DeWine (R) said “we just need to get something done” to address the adult-use sales rollout timeline under a voter-approved legalization law that took effect last month.

It’s a “strange situation” the state has found itself in, he said, with sales currently set to open up in late summer or early fall. DeWine said he supports a bill the Senate passed last month, which would provide for sales through existing medical cannabis dispensaries within 90 days of enactment. However, he acknowledged the House has a differing version and pushed for lawmakers to “work together and make sure that we can deal with with this problem.”

“Our bill that we would prefer would allow us to start selling this marijuana in a controlled basis. The people who said they were for this said, ‘Let’s do it the same way we do with liquor—control how it’s done,’” he said. “Under our bill, we would be able to sell that very quickly now, early in this year, through the facilities that now do the medical marijuana.”

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Washington Bill Would Roll Back New Marijuana-Related Employment Protections For Drug Treatment Professionals

As a new law in Washington State took effect this week to shield most job applicants who legally use cannabis from facing employment discrimination during the hiring process, two lawmakers have filed legislation to roll back those protections for workers in the drug treatment industry.

HB 2047, sponsored by Reps. Tom Dent (R) and Lauren Davis (D), would add to the new law’s list of exemptions, which already include law enforcement, jobs requiring a federal background investigation or security clearance, fire departments, first responders, safety-sensitive positions, corrections officers and those in the airline or aerospace industries.

Specifically, the bill would allow employers to deny people who test positive for cannabis a position “as a substance use disorder professional or trainee, or any position as a health care professional licensed or certified…where the person will be providing services directly to clients or patients receiving treatment for substance use disorder.”

While the legislation would not require employers to screen job applicants for marijuana, they would no longer be subject to the newly effective provision making it “unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon” the use of marijuana off the job and away from the workplace or a positive drug test for cannabis metabolites.

Notably, the new anti-discrimination cannabis law applies only to job applicants. Employers can still maintain drug-free workplaces or prohibit the use of cannabis by workers after they’re hired.

Davis, who’s long said she supports an end to criminal cannabis prohibition but has concerns about the dangers of legalization, filed two marijuana-related bills in 2023 during the first part of the two-year session. One, HB 1641, would place various restrictions on marijuana products with more than 35 percent total THC, including banning advertising and prohibiting sales of the products to people under 25. The other, HB 1642, would ban the production and sale of concentrates with more than 35 percent THC unless the products were intended for medical patients.

In 2020, she sponsored legislation that would have banned all concentrates with more than 10 percent THC.

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New York Local Governments Could Shut Down Unlicensed Marijuana Businesses Under New ‘SMOKEOUT Act’ Bill

As New York works to significantly expand the state’s regulated marijuana market, a new bill would empower individual municipal governments to shut down unlicensed cannabis businesses and seize their products.

The legislation from Assemblymember Jenifer Rajkumar (D) aims to address the proliferation of illegal operators that have emerged throughout the state amid the protracted rollout of New York’s legalization law.

Currently, state regulators with the Cannabis Control Board (CCB) hold enforcement authority to close unlicensed businesses. The newly filed Stop Marijuana Over-proliferation and Keep Empty Operators of Unlicensed Transactions (SMOKEOUT) Act would expand that authority to local governments by giving municipal officials the power to “order the immediate closure of any business” found to be illegally marijuana and to seize its merchandise.

“The lack of authority for municipalities to interdict unlawful retailers, combined with limited resources from the Board, has resulted in the proliferation of so-called ‘smoke shops’ openly selling illegal, unregulated cannabis and other contraband with near total impunity,” a justification memo attached to the bill says.

“The vast amount of contraband and loose cash in these smoke shops have made them tantalizing targets for robberies and hotbeds of crime. This has put communities, shop employees, and their customers in extreme danger,” it says. “These shops are also unfair competition to licensed dispensaries, who cannot afford to sell their rigorously tested and regulated cannabis at the prices smoke shops offer.”

The bill’s introduction comes as New York regulators move to process hundreds of marijuana business license applications. Over a dozen new cannabis retailers opened in December alone following a settlement agreement lifting an injunction that had imposed a months-long licensing blockade.

“Our top priority is to grow and expand New York’s legal cannabis industry while cracking down on the illicit storefronts that continue to plague communities,” Gov. Kathy Hochul (D) had said at the time.

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Why fears about Biden’s marijuana moves are overblown

President Joe Biden’s administration is poised to make the biggest shift in federal drug policy in decades by loosening marijuana restrictions, but the move is sparking blowback from an unlikely constituency: legalization advocates.

They argue that moving marijuana to a lower classification would do nothing to address the federal-state divide in marijuana laws, fail to address the impacts of criminalization, disrupt existing state-regulated cannabis markets, lead multi-billion-dollar pharmaceutical companies to dominate the medical cannabis industry and spur a potential federal crackdown.

Howard Sklamberg, an attorney and former top official at the FDA’s Center for Drug Evaluation and Research, argues those fears are alarmist and misguided. He doesn’t believe the cannabis industry needs to worry about a crackdown if the drug is moved from Schedule I to III under the Controlled Substances Act, as recommended by the Food and Drug Administration after a review of the scientific evidence.

“If you’re going to launch an enforcement initiative against cannabis, why would you start off with saying, ‘Oh, by the way, it’s less of a risk than we thought,’” Sklamberg said in an interview with POLITICO. “You would use your power under Schedule I and go after it.”

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