Tag: legalized marijuana

Minnesota Will Be the 23rd State To Legalize Recreational Marijuana

Minnesota’s Democratic governor, Tim Walz, today reiterated his promise to sign a marijuana legalization bill that arrived at his desk on Saturday. That will make Minnesota, which legalized medical marijuana in 2014, the 23rd state to allow recreational use.

The Minnesota House and Senate, both of which are controlled by Democrats, had previously approved slightly different legalization bills. H.F. 100, which both chambers passed last week, reconciles those differences.

Adults 21 or older will be allowed to possess two ounces or less of marijuana in public, share that amount with other adults, keep two pounds or less at home, and grow up to eight plants, four of which are mature. Those provisions take effect on August 1.

The bill also establishes an Office of Cannabis Management to license and regulate commercial production and distribution. Marijuana products will be subject to a 10 percent retail tax, in addition to standard state and local sales taxes (which total about 8 percent in Minneapolis, for example). Local governments will be allowed to regulate retailers and cap their number but will not be allowed to ban them entirely. Rep. Zack Stephenson (DFL–Coon Rapids), a co-author of the bill, said licensed sales should begin in 12 to 18 months.

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Pot Legalization Is a ‘Big Mistake’ Only If You Ignore the Value of Freedom and the Injustice of Prohibition

New York Times columnist Ross Douthat thinks “legalizing marijuana is a big mistake.” His argument, which draws heavily on a longer Substack essay by the Manhattan Institute’s Charles Fain Lehman, is unabashedly consequentialist, purporting to weigh the collective benefits of repealing prohibition against the costs. It therefore will not persuade anyone who believes, as a matter of principle, that people should be free to decide for themselves what goes into their bodies.

Douthat recognizes that his case against legalization “will not convince readers who come in with stringently libertarian presuppositions.” Lehman, a self-described “teenage libertarian” who has thought better of that position now that he is in his 20s, likewise makes no attempt to argue that the government is morally justified in arresting and punishing people for peaceful conduct that violates no one’s rights. They nevertheless make some valid points about the challenges of legalization while demonstrating the pitfalls of a utilitarian analysis that ignores the value of individual freedom and the injustice of restricting it to protect people from themselves.

Douthat and Lehman are right that legalization advocates, who at this point include roughly two-thirds of American adults, sometimes exaggerate its impact on criminal justice. All drug offenders combined “account for just 16.7 percent” of people in state and federal prisons, Lehman notes, and perhaps one-tenth of those drug war prisoners (based on an estimate by Fordham law professor John Pfaff) were convicted of marijuana offenses. People arrested for violating pot prohibition usually are not charged with production or distribution and typically do not spend much, if any, time behind bars.

Still, those arrests are not without consequences. In addition to the indignity, embarrassment, inconvenience, legal costs, and penalties they impose, the long-term consequences of a misdemeanor record include barriers to employment, housing, and education. Those burdens are bigger and more extensive than Douthat and Lehman are willing to acknowledge.

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Cops Raid LEGAL Cannabis Farm and Execute Man’s Leashed Dog

In an infuriating and utterly horrifying incident that lays bare the problematic reality of America’s drug war, law enforcement authorities with a search warrant on a state-licensed cannabis farm in rural Trinity County near Hayfork, fatally shot the cultivator’s dog on May 2. 

This glaring display of militarized policing in response to what is essentially a civil code violation is a chilling reminder of the inhumane costs of enforcing an immoral law about a plant that is legal in most parts of the country. Despite the victim having a valid state license, the county permit was a bone of contention that led to this brutal incident. The video of this appalling act has gone viral, leading to widespread outrage and backlash — especially since the dog was chained up.

The raid was part of several (between six to nine, depending on who you ask) conducted over the first two days of May in remote areas of western Trinity County, notorious for cannabis cultivation. According to the Trinity County Sheriff’s Department, these raids resulted in the seizure of over 16,000 marijuana plants, 7,500 pounds of processed marijuana, 25 firearms, and $64,566 in cash. The horror.

Police argue that their actions were justified when they executed the dog because it was allegedly trained to attack and lunged at an officer. They failed to mention the part where the dog was on a chain.

What’s more, this account ignores the fact that five of the raided farms were state-licensed — including this one. The grower, Nhia Yang, a 64-year-old Hmong man, had taken necessary steps to legitimize his operations and was waiting on the county license due to administrative lag. Furthermore, Yang had received a CDFW Qualified Cultivator grant and passed an inspection just a week prior to the raid, which affirmed his compliance with state regulations.

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New York’s Heavy Hand Keeps Illegal Marijuana and Tobacco Dealers in Business

While I have fond memories of life in New York, many of them involve defying some stupid rule or regulation. It’s a pleasure to now live in Arizona where government, while still idiotic, generally has a lighter touch. Unfortunately for friends and family I left behind, Empire State officialdom still hasn’t learned its lessons, as evidenced by the heavy regulatory hand stifling sort-of-legalized marijuana, and proposals to similarly reinforce the black market with an outright ban on cigarette sales.

“Governor Kathy Hochul today signed new legislation to increase civil and tax penalties for the unlicensed and illicit sale of cannabis in New York as part of the FY 2024 Budget,” the New York governor’s office announced this week. “The legislation, first proposed by the Governor in March, provides additional enforcement power to the Office of Cannabis Management and the Department of Taxation and Finance to enforce the new regulatory requirements and close stores engaged in the illegal sale of cannabis.”

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This California Bill Would Mandate Punishment of Marijuana Debtors Without a Hearing

California’s cannabis industry, which includes state-licensed growers, manufacturers, testing companies, distributors, retailers, and event organizers, has a deadbeat problem. In a business that generated $5.3 billion in sales last year, bills for marijuana products and services frequently go unpaid, leaving creditors in the lurch and compounding the financial difficulties created by federal prohibition.

According to an estimate cited by Assembly Member Phil Ting (D–San Francisco), “the unpaid debt bubble is over $600 million across California’s supply chain.” But Ting’s solution—a bill that would inject state regulators into debt disputes between marijuana businesses—could create new problems by interfering with freedom of contract and penalizing licensees without due process.

A.B. 766, which Ting introduced in March, would require cannabis licensees to pay bills for goods or services totaling $5,000 or more within 15 days of the final date listed on the invoice. That date could be no more than 30 days after the goods were delivered or the services were performed.

When a buyer misses that state-prescribed deadline, the seller would be required to file a report with the California Department of Cannabis Control (DCC). The DCC would then be required to notify the buyer of the violation and “commence a disciplinary action,” which could lead to suspension or revocation of his license if he fails to “pay the outstanding invoice in full” within 30 days of the notice. In the meantime, the buyer would not be allowed to “purchase goods or services from another licensee on credit.”

Griffen Thorne, an attorney at the Los Angeles office of Harris Bricken, a firm that specializes in cannabis law, says the problem that Ting describes is real. But Thorne is troubled by the implications of dictating contract terms, requiring businesses to report collection issues, and imposing a penalty based on nothing more than a report, which might be based on disputed facts.

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New York Legalized Marijuana, but a Legal Typo Is Hindering Implementation

The cannabis legalization bill that New York enacted in 2021 included a provision that was supposed to help people convicted of marijuana felonies by downgrading their records in line with current law. But a typographical error made that relief harder to obtain than legislators promised.

The section of the law dealing with prior marijuana convictions describes two situations. Paragraph 2(a)(i) refers to a person convicted of a marijuana offense that “would not have been a crime” had the 2021 changes been in effect. Paragraph 2(a)(ii) refers to a person who “would have been guilty of a lesser or potentially less onerous offense” under current law.

Paragraph 2(b) says a court that receives a petition from someone convicted of a marijuana offense that no longer exists “shall….grant the motion to vacate such conviction.” It adds that a court “may substitute, unless it is not in the interests of justice to do so, a conviction for an appropriate lesser offense” when “the petition meets the criteria in subparagraph (i) of paragraph (a).”

Whoops. That clearly should have been “the criteria in subparagraph (ii) of paragraph (a),” since it makes no sense to substitute “a conviction for an appropriate lesser offense” when no such offense exists. Because of that mistake, people with marijuana felony convictions cannot use the streamlined relief process the law was supposed to provide.

Under prior law, someone caught with eight ounces to a pound of marijuana was guilty of a felony. Under current law, possessing that amount in public is a violation punishable by a maximum fine of $250, while possessing five pounds or less at home is legal. Public possession of one to five pounds, which used to be a felony, is now a misdemeanor.

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Lawmakers Argue that Weed Must Be Kept Illegal to Protect the Jobs of Police Dogs—Seriously

 In a stunning display of misplaced priorities, some Minnesota politicians appear to be more concerned about the jobs of drug-sniffing dogs than the lives of humans impacted by cannabis prohibition. As the push for cannabis legalization in Minnesota gains momentum, it seems the well-being of these K-9s has somehow become a primary argument against it.

Minnesota’s House of Representatives recently passed a bill to legalize non-medical marijuana for individuals 21 and older, with a vote of 71-59. However, Republican state Rep. Brian Johnson voiced his concern over the costs associated with retiring police dogs trained to sniff out cannabis. Apparently, the default state of unemployment for dogs is a problem that should hold priority over human freedom and well-being.

“I did not see anything reading through the bill dealing with our K-9 units,” Johnson said. “Can you tell me how much money is in this bill to help defer the cost to our counties and police departments for the cost of the retirement of the dogs?”

This K-9-centric mindset isn’t new. Minnesota State Sen. John Jasinski, also a Republican, previously raised the “police dog discussion” during a committee hearing, lamenting the “thousands and thousands of dollars” spent on training these furry narcs, who will now have to retire due to cannabis legalization.

It’s worth noting that the legal cannabis industry has already created hundreds of thousands of jobs for humans. Yet, it seems the careers of drug-sniffing dogs are held in higher regard by some politicians.

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Delaware Just Became the 22nd State To Legalize Recreational Marijuana

Delaware just became the 22nd state to legalize recreational marijuana. On Friday, Gov. John Carney, a Democrat, said he will allow two legalization bills to take effect without his signature, notwithstanding his continued concerns about the consequences of lifting Delaware’s ban on recreational use.

“After years of advocacy, collaboration, and grassroots organizing, we are thrilled to see cannabis legalization become a reality in our state,” Laura Sharer, executive director of the Delaware chapter of the National Organization for the Reform of Marijuana Laws, said in a press release. “This victory is a result of the tireless work of thousands of volunteers, dozens of lawmakers, and with the support of a huge majority of our Delaware community. So many have championed this righteous cause and recognized the need for sensible cannabis policy reform.”

Delaware has allowed medical use of marijuana since 2011, and in 2015 legislators decriminalized possession of an ounce or less, making it a civil offense punishable by a $100 fine. Carney supports both of those policies but has previously resisted efforts to go further. Last year he vetoed recreational legalization. The Democrat-controlled Delaware General Assembly recently approved essentially the same legislation that Carney blocked last year, this time by larger margins, making it more likely that a veto would be overridden.

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HOW CALIFORNIA COPS EXPLOIT LEGAL GRAY AREAS TO CONTINUE THEIR WAR ON CANNABIS

Years after legalization, the state’s growers say police are taking a “seize first, ask questions later” mentality toward marijuana enforcement, sometimes with heavily militarized operations that allegedly violate their rights.

Zeke Flatten was driving southbound on Highway 101 in Northern California in December 2017 when he was pulled over by an unmarked SUV with flashing emergency lights.

Two officers clad in green, military-style garb and bulletproof vests approached Flatten’s vehicle but didn’t identify themselves. After asking Flatten if he knew how fast he was going, one of the men told him they suspected he was transporting cannabis, according to court documents. Flatten was immediately suspicious.

“He never mentioned anything else about the reason, probable cause, why he stopped me,” Flatten said in an interview with The Appeal.

The officers were correct, however: Flatten, a film producer and former undercover cop who’d temporarily relocated to Northern California, had three pounds of marijuana, including a few rolled joints, in the car—worth over $3,000 at the time. Flatten says he was working on a number of cannabis-related projects and was driving to a lab to test the weed, which he’d hoped to sell legally.

Just over a year before the stop, California had voted to legalize the personal cultivation and possession of up to an ounce of marijuana with the passage of Proposition 64. Under the measure, possession of larger amounts of cannabis was reduced from a felony offense to a misdemeanor, punishable by up to six months of incarceration and a maximum $500 fine.

But marijuana remains illegal at the federal level, classified as a Schedule 1 substance alongside drugs like heroin, LSD, and MDMA, known as Ecstasy. When the officers identified themselves as members of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), a federal agency, Flatten said he started to realize something was off.

“There’s no patches, there’s no badges, there’s no name tags,” Flatten said.

Flatten says he offered to show the officers his medical marijuana card, which should have allowed him to have the cannabis. But they didn’t want to look at the card. He figured if the agents believed the marijuana was illegal, they’d take it and provide him a receipt for the seizure, which would give him a chance to argue his case in court, Flatten said.

Instead, they proceeded to confiscate the cannabis from the back of Flatten’s car without running his name for warrants, or issuing a traffic ticket, court summons, or even documentation of the seizure, Flatten said. The officers did tell him that he might be getting a letter from the federal government. But he never did.

Flatten said he felt like he’d been robbed. He started looking for a lawyer, and a few days later, went to the Mendocino County Sheriff’s Department to report the incident. The next week, after returning to his home state of Texas, he made an official report at the FBI field office in San Antonio.

He would soon find out that the officers who seized his marijuana weren’t actually ATF agents. Flatten alleges one was a member of the sheriff’s department. The other was from the Rohnert Park Police Department, and has since been indicted on federal charges including extortion and conspiracy in connection with cannabis seizures.

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New York City Should Have Always Smelled Like Pot

“​​The degree to which Manhattan air is now just saturated with the aroma of marijuana is frankly absurd,” tweeted writer Thomas Chatterton Williams back in January. “New York Smells Like a Declining City,” declared The Wall Street Journal last month. “It’s like everybody’s smoking a joint now,” New York City’s own mayor, Eric Adams, commented last year.

Though New York state legalized recreational weed in 2021, it’s taken two years for the cannabis industry to actually get it off the ground. Just a few dispensaries have opened up in the city so far, but much has been made about its alleged transformation into either a Reefer Madness hellscape or a stoner Xanadu, depending on who you ask.

“Let’s be blunt—legal weed is turning New York workers into zombies,” wrote Steve Cuozzo for the New York Post just days ago, complaining of worse customer service than he encountered yesteryear. “the weed / garbage / piss cocktail of smells in parts of manhattan is truly nauseating,” one Twitter user chimed in. “The biggest change is the smell of marijuana. It’s EVERYWHERE. Inescapable. It’s made the city a lot grimier, and much more unsafe,” added another.

Now that they no longer have to fear arrest, more people may indeed be lighting up in public. As with many things in New York, private behavior—a couple’s fight, a parent disciplining their child, a group of friends who are too boisterously drunk—spills into public spaces. We’re tasked with learning how to tolerate, or at least look past, the low-grade deviancy and etiquette missteps we encounter in streets and subway stations, shared hallways and stoops. “For the record, I don’t care if people smoke (or drink!), but the imposition of the odor all over public spaces is weird and feels deeply unserious,” Chatterton Williams (one of the more reasonable pot critics) added.

Still, many of the tweets and articles in this genre clumsily attempt to underscore the same idea: New York is getting worse by the day—and pot must be to blame.

But the aroma of weed in the air ought to be interpreted as people relishing their newfound freedom, a sign that tolerance toward people’s mind-alteration preferences has rightfully prevailed.

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