Tag: legalized marijuana

DeSantis Doubles Down On Opposition To Marijuana Legalization, Claiming Colorado’s Illicit Market Is ‘Bigger And More Lucrative’ After Reform

Florida Gov. Ron DeSantis (R), a 2024 Republican presidential candidate, has reaffirmed that he would not legalize marijuana if elected to the White House—arguing contrary to evidence that the reform has actually increased the size of the illicit market in Colorado.

During a campaign event in Iowa on Saturday, an attendee told DeSantis that she knows people whose children developed “cannabis-induced psychosis” and asked about whether he would move to legalize or reschedule cannabis under federal law if he became president. In response, the GOP contender made clear that he “would not legalize,” echoing anti-marijuana arguments he previously made in June.

“I think what’s happened is this stuff is very potent now. I think when young people get it, I think it’s a real, real problem, and I think it’s a lot different than stuff that people were using 30, 40 years ago,” DeSantis said. “I think when kids get on that, I think it causes a lot of problems and then, of course, you know, they can throw fentanyl in any of this stuff now.”

The candidate then pivoted to a broader discussion about the harms of substance misuse, stating that there’s an “open air market” for illicit drugs in San Francisco, and that society has “totally decayed” under policies that “really help these folks use drugs.”

DeSantis did acknowledge that Floridians have access to medical cannabis under a constitutional amendment that voters approved, saying that “we abide by that” but noting that “states have handled cannabis differently” and he would not “take action now to make it even more available.”

Florida voters may have the choice to expand access regardless of the governor’s position, as the state Supreme Court is currently considering whether a marijuana legalization initiative will appear on the state’s 2024 ballot.

“I would not do that,” DeSantis said on Saturday. “And the places that legalized it like Colorado and California, you know, the argument was—and honestly it wasn’t a crazy argument—’Look, we know people are going to use marijuana. It is a drug. If you legalize it, then you can tax it, regulate it, and it’s going to end up being safer for people.’”

“But what’s happened in Colorado, the black market for marijuana is bigger and more lucrative than it was before they did the legalization,” the governor said. “So the legalization I don’t think has worked.”

DeSantis didn’t provide data or cite any sourcing to support that argument. But private and government analyses have suggested that Colorado has in fact significantly reduced the influence of the illicit market in the decade since enacting legalization.

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Missouri Foster Parents May Now Legally Possess And Grow Marijuana In Their Homes Under New Emergency Rule

Foster parents in Missouri can now legally possess and grow marijuana in their homes under an emergency rule filed last week by the state Department of Social Services. Consuming cannabis in a manner that emits smoke or vapor, however, is still not allowed inside the house.

Missouri voters in November 2022 passed a ballot initiative, Amendment 3, to legalize and regulate marijuana for adults 21 and older, allowing the purchase and possession of up to three ounces of cannabis and, after registering, the growth of up to six mature plants for personal use. But until Monday, the foster parents of roughly 14,000 children in the state were prohibited from exercising those rights.

The changes to the state rule addressing “physical and environmental standards” for foster care in Missouri were adopted on an emergency basis because the existing policy was in conflict with the voter-approved constitutional amendment, according to a statement attached to the rule’s text.

“Rule 13 CSR 35-60.040 presently provides that foster parents shall not use or possess marijuana or marijuana-infused products,” it says. “A regulation that conflicts with the Missouri Constitution is invalid.”

As an emergency rule, the change is set to expire February 23 of next year.

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Minnesota Indian Tribe Plans To Launch Marijuana ‘Food Truck’ To Expand Business Across The State

A tribe in Minnesota that’s currently operating one the state’s only adult-use marijuana shops says it’s planning to open a mobile dispensary—effectively a cannabis “food truck” that can travel and do business on tribal land throughout the state.

The Red Lake Band of Chippewa Indians, which opened its doors to adult consumers on the day that a legalization law took effect this month, said it’s currently serving about 300 customers per day at its flagship location in Red Lake, with some people driving hours to visit the northern Minnesota town.

Now the Red Lake Nation’s NativeCare retailer wants to expand its operation and bring cannabis to more markets by moving around with the ability to set up shop anywhere on tribal territory.

Tribal Secretary Samuel Strong told Minnesota Public Radio that he’s “very excited to see how the community will respond.”

“Obviously, there’s some more security concerns that would be involved with a food truck, but very similar to that concept,” he said. “You know, setting up shop and being able to serve customers and have the same level of customer service while being mobile and being more available to our consumers.”

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Alabama Judge Halts Medical Marijuana Licensing Again, This Time Over Alleged Open Meetings Violations

A Montgomery County Circuit Judge Thursday put a hold on Alabama’s medical cannabis program amid a lawsuit alleging the Alabama Medical Cannabis Commission (AMCC) violated the state’s Open Meetings Act at its most recent meeting.

The stay, issued by Judge James Anderson, followed a heated hearing where an attorney for the AMCC suggested the commission would air applicants’ “dirty laundry.”

Applicants denied a license won’t be able to request an investigative hearing until after the stay is lifted, and the commission will have to put site visits and evaluations on hold. AMCC Director John McMillan said that it will be “impossible” to issue licenses at an August 31 meeting.

“We’ll most likely have to schedule another meeting,” McMillan said after the hearing, and added that they would have to complete site visits.

Alabama Always, which sued the commission last month over the appointment of former chair Steven Stokes, filed a lawsuit against the AMCC, alleging the commission violated the state’s open meetings law at its August 10 meeting. The company, which applied for but did not receive a license, alleged that commission members privately nominated companies for public votes on license awards during an executive session.

The lawsuit alleges that commission members were instructed to seal their nominations in an envelope during the executive session, and the companies with the most nominations received a public vote in the August 10 meeting.

The AMCC re-awarded licenses for the production and distribution of medical cannabis at the August 10 meeting, two months after stopping earlier awards amid questions about the evaluation of applications.

The judge allowed other parties to join the suit by the end of the week. Alabama Always and other companies suing AMCC will have to prove that the commission violated state law.

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German Govt Okays Plan To Legalise Recreational Cannabis

The German government approved a draft law Wednesday legalising the purchase and possession of small amounts of cannabis for recreational use, despite criticism from opposition politicians and judges.

The bill, which still needs to go through parliament, would allow adults to possess up to 25 grams (0.9 ounces) of cannabis and grow up to three plants for personal use.

People will also be allowed to join non-profit “cannabis clubs” of up to 500 members where the drug can be legally cultivated and purchased.

Health Minister Karl Lauterbach called the draft law “a turning point” in Germany’s attitude towards cannabis.

The more relaxed approach would crack down on the black market and drug-related crime, ease the burden on law enforcement and allow for safer consumption of marijuana, he said in a statement.

Minors will still be prohibited from using the drug, and the government will launch a campaign warning of the health risks for young people especially, he added.

“Nobody should misunderstand the law. Cannabis use will be legalised. But it’s still dangerous,” Lauterbach said.

The proposed legislation is a flagship project of Chancellor Olaf Scholz’s three-party coalition and would leave Germany with one of the most liberal cannabis policies in Europe.

But the draft law is less ambitious than what was originally envisioned.

Plans to allow the widespread sale of cannabis in licensed stores were dropped in April after the European Commission raised concerns.

With its current plan, Germany’s coalition government has taken “a significant step towards a progressive, realistic drug policy”, said Agriculture Minister Cem Ozdemir.

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Fully Half Of American Adults Have Tried Marijuana, With Current Cannabis Smoking Outpacing Cigarettes, Gallup Poll Shows

Fully half of Americans have tried marijuana, according to a new Gallup poll—and more people now actively smoke cannabis than tobacco cigarettes. Additionally, a majority say they are not especially concerned about the effects of adults regularly using marijuana

The survey, published on Thursday, found that about one in six U.S. adults (17 percent) say that they currently smoke cannabis, while separate recent Gallup polling shows that just 11 percent say they smoke cigarettes.

Further, the marijuana question—which asked specifically about whether people “smoke” the substance—likely does not reflect overall current cannabis use given the range of non-smokable products that people consume such as edibles, tinctures and vapes. But when it comes to smoking, it’s become clear that Americans are increasingly opting for marijuana over cigarettes.

Looking at generational data, the trend appears likely to continue. Broken down by age, 29 percent of those 18-34 say they currently smoke marijuana. In contrast, a Gallup survey from last year showed that 12 percent of people 18-29 smoke cigarettes. (The age groupings used in the polls are slightly different but comparable).

Meanwhile, with nearly half of the states in the country now having legalized marijuana, the new poll shows lifetime use has hit a record high of 50 percent, up just two percentage points from 2022 but statistically higher than 2019, when 45 percent said that they’ve tried cannabis.

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New York Judge Halts Marijuana Business License Approvals Following Military Veteran-Led Lawsuit

A New York judge has halted new cannabis licenses under a program that favors people with previous drug conviction charges following a legal challenge by a group of veterans.

The ruling by Supreme Court Justice Kevin Bryant blocks the Office of Cannabis Management from granting new conditional adult-use recreational dispensary licenses, or processing existing ones, while the legal challenge plays out.

It comes in response to a lawsuit filed by a group of disabled military veterans who argue the system of awarding and issuing licenses to certain social equity applicants violates the state Constitution.

Under the state’s cannabis licensing program, entrepreneurs with past cannabis convictions or immediate family members with past convictions are prioritized for the first dispensary licenses. Nonprofit groups that work with former prisoners are also eligible to apply for cannabis licenses.

But the veterans argue in court filings that regulators are usurping the state legislature’s authority by changing the rules that required “the initial adult-use cannabis retail dispensary license application period shall be opened for all applicants at the same time.”

They say regulators failed to adhere to New York’s Marijuana Regulation and Taxation Act by not issuing licenses to disabled service veterans and other minority groups, whom they argue should qualify.

“Individuals like service-disabled veterans, who are also social equity applicants, who should be prioritized under the MRTA—the marijuana regulation taxation act—the plaintiffs are arguing that they’ve been harmed by being left out of this first mover’s advantage,” said Fatima Afia, an attorney at Rudick Law Group.

The lawsuit is the latest blow to the state’s rollout of a recreational cannabis market, which has been delayed, in part, by a lawsuit alleging that state regulations illegally gave preference to New York residents for pot licenses.

A ruling by the U.S. Second Circuit Court of Appeals in May allowed New York to begin issuing operating licenses to qualifying pot businesses in most regions of the state.

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Feds Recommend Buying A Map To Avoid Bringing Marijuana Into National Forests In Minnesota Following Legalization

The U.S. Forest Service is reminding people that Minnesota’s new marijuana legalization law enacted this week does not mean people can possess or use cannabis at national forests in the state—so it recommends buying a map to know where you can and can’t indulge.

On Tuesday—the same day that adult-use marijuana legalization took effect in Minnesota—the Forest Service issued an alert, notifying the public that possessing any amount of cannabis “is still prohibited on all National Forest lands and at all National Forest campgrounds and facilities.”

“Forest officials ask visitors to be mindful of National Forest System boundaries and to become familiar with relevant federal and state regulations prior to visiting the Chippewa and/or Superior National Forests,” it says.

The agency, which also sent out a notice last month to remind federal workers that they remain barred from using marijuana even in legal states, said that it’s received questions from visitors about the “legality of marijuana use on public lands” since the Minnesota legislature moved to end prohibition at the state level.

“While recreational cannabis use may be legal in the State of Minnesota, effective August 1, 2023, Chippewa and Superior National Forest officials are reminding visitors that it is illegal on National Forest System lands,” it said.

An FAQ section explains how national forests are federally regulated and, therefore, federal law applies and supersedes the state’s newly implemented policy.

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Minnesota Adults Can Now Legally Possess And Grow Marijuana, With Indian Tribes Launching Early Sales

Adults 21 and older in Minnesota can now possess and grow marijuana for personal use under a legalization law that was passed by lawmakers earlier this year and took effect on Tuesday. Meanwhile, the process of automatically expunging prior cannabis records is also being implemented by state officials.

While traditional recreational cannabis retailers are not expected to open until at least next year, other key components of the legalization law that Gov. Tim Walz (D) enacted in May have now gone into effect. Meanwhile, two Indian tribes have been preparing to get a head start on adult-use cannabis sales, with plans to open up shops as early as Tuesday.

Possession of up to two ounces of marijuana—and cultivation of up to eight plants, four of which may be mature at a time—is now legal. In a household, adults can possess a maximum of two pounds of cannabis.

Additionally, gifting up to two ounces of marijuana between adults without remuneration is now a legal activity.

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Washington Launches Online Portal To Reimburse People Criminalized By Unconstitutional Marijuana/Drug Convictions

Washington State has officially launched an online portal that people can use to request reimbursement of their legal fees if they were prosecuted under drug criminalization laws that the state Supreme Court deemed unconstitutional in 2021.

The state Administrative Office of the Courts (AOC) launched the Blake Refund Bureau website on Saturday to facilitate the relief in coordination with courts, county clerks, public defenders, prosecutors, advocates and other stakeholders.

“If you have a Blake-impacted criminal record, you must first have your Blake-related convictions vacated and refund eligibility determined by the court or courts where your convictions were issued,” AOC said. “Once your convictions have been vacated, you can apply for reimbursements on your paid Blake-related [legal financial obligations].”

The novel reimbursement fund is being created following the state Supreme Court’s landmark 2021 ruling in Washington v. Blake that found the state’s criminal code for drug possession crimes was unconstitutionally flawed because it didn’t take require proof that a person “knowingly” committed the offense—creating a situation where people could be criminalized for inadvertent possession.

The ruling effectively nullified the state’s drug possession criminalization law, though the governor has since signed a bill passed by the legislature that reinstates prohibition, with statutory language fixes to pass constitutional muster and lower penalties for possession compared to the previous law.

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