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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Mastercard moves to ban cannabis purchases on its debit cards

Mastercard (MA.N) has told financial institutions to stop allowing marijuana transactions on its debit cards, dealing a blow to an industry already on the fringes of the financial system in the United States.

Most banks in the country do not service cannabis companies as marijuana remains illegal at the federal level despite several states legalizing its medicinal and recreational use.

“As we were made aware of this matter, we quickly investigated it. In accordance with our policies, we instructed the financial institutions that offer payment services to cannabis merchants and connects them to Mastercard to terminate the activity,” a spokesperson for the company said on Wednesday.

“The federal government considers cannabis sales illegal, so these purchases are not allowed on our systems,” the spokesperson added.

Sunburn Cannabis CEO Brady Cobb said in a statement that “this move is another blow to the state-legal cannabis industry and patients/consumers who want to access this budding category.”

Pot firm Verano’s (VRNO.CD) President, Darren Weiss, said “We will continue to advocate for cannabis reform in Washington through further dialogue with elected officials and stakeholders to advance conversations supporting the growth of safe, legal cannabis across the U.S.”

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Colombian Lawmakers Introduce New Marijuana Legalization Bill One Month After Prior Version Stalled

Colombian lawmakers have reintroduced a bill to legalize marijuana nationwide for the upcoming legislative session.

Just one month after the previous version stalled out in the Senate at the final stage of an eight-step legislative process, Rep. Juan Carlos Losada and Sen. María José Pizarro announced on Monday that they’re trying again to enact the reform.

The legislation was previously approved in the both chambers last year as part of the two-year process that constitutional amendments must undergo. It then passed the Chamber of Deputies again in May and advanced through a Senate committee last month. But while it received a majority of the votes on the floor, it came up short of the 54-vote threshold it needs for passage.

Losada recently told CNN that he faults President Gustavo Petro’s administration for not doing more to advocate for the bill, but “we will come back to it.”

“We have a crucial month ahead of us to understand who we can count on and who can help us achieve our goal,” he said.

In a Twitter post last week, he added that reform supporters “continue the fight to advance in the change of the failed prohibitionist policy against drugs, to advance in a policy guided by the guidelines of public health, the prevention of consumption and the guarantee of consumer care.”

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States With Legal Weed See Drop in Mental Health Treatment

States that have legalized recreational marijuana use for adults have also seen a drop in mental health treatment admissions, according to newly published research.

The findings, which came in a study published last month in the journal Health Economics, were based on data from ten states that have legalized adult-use cannabis. 

“Recreational marijuana laws (RMLs) continue to grow in popularity, but the effects on mental health treatment are unclear,” wrote Alberto Ortega, a professor at O’Neill School of Public Health at Indiana University and the author of the study.

In the abstract, Ortega said that the study “uses an event-study within a difference-in-differences framework to study the short-run impact of state RMLs on admissions into mental health treatment facilities.” 

“The results indicate that shortly after a state adopts an RML, they experience a decrease in the average number of mental health treatment admissions,” Ortega wrote. “The findings are driven by white, Black, and Medicaid-funded admissions and are consistent for both male and female admissions. The results are robust to alternative specifications and sensitivity analysis.”

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New York Republicans want to ban cannabis use in public

Republicans in the state Legislature are calling for a ban on smoking and consuming cannabis in public places in New York as the legal marketplace is taking hold. 

The measure, backed by state Sen. George Borrello and Assemblyman Michael Novakhov, would allow local governments to put local laws in place to ban the public consuming of marijuana. 

“State residents, including children, are now regularly assailed with the pungent odor of marijuana on public sidewalks, in parking lots and other public spaces,” Borrello said. “Many New Yorkers don’t want to be exposed to either the effects of marijuana smoke or its smell and don’t want their children subjected to it.”

New York first legalized cannabis in 2021, though the marketplace for legal retail sales has been slow to build. Lawmakers who supported legalization have framed it around the need to reverse the enforcement of previously harsh marijuana laws that were previously in place. 

State lawmakers and Gov. Kathy Hochul earlier this year moved to address the sale of cannabis without a license through civil fines and the potential closure of businesses. 

Regulators are also trying to encourage further legal cannabis sales, including allowing sales at public events.

Republicans want fines of up to $125 for consuming marijuana in a public space. The Clean Air Act, as well as local bans on smoking, already place limits on marijuana smoking in public. 

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New York’s ‘Symbolic’ Failure In Cannabis Regulation

With cannabis legalization sweeping across the United States, state regulatory bodies face pressure and scrutiny in their efforts to build a legal industry from the ground up. When formulating regulations, they balance the needs of public health, public safety and social justice.

Fortunately, industry standards and recommendations from time-tested consensus standard organizations make some of their choices easy. Unfortunately, even when handed a “no-brainer” standard on a silver rolling tray, New York’s Cannabis Control Board (CCB) made an unforced error that will potentially harm children, patients, small business owners and the general public—groups that cannabis regulation is explicitly intended to protect.

CCB has faced extensive criticism for its “bungled rollout” of the adult-use cannabis industry and its failure to deliver on social equity commitments. One founding CCB member recently resigned amidst the controversy.

Regrettably, CCB has now mandated that all regulated cannabis packages bear a perplexing and intricate product symbol, serving as a persistent and highly visible reminder of its unwavering resistance to the unanimous advice of the cannabis policy community.

In March, CCB took less than two minutes to approve a set of labeling regulations, without any mention of a letter from dozens of stakeholder organizations urging them to reject their homemade symbol in favor of a straightforward industry standard. Marijuana Moment and other outlets publicized the letter in advance of the March CCB meeting.

Looking like a parody of “design by committee,” the New York symbol was designed by the Office of Cannabis Management (OCM) and features three separate elements enclosed within a black rectangle.

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