Tag: legalized marijuana

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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New Michigan Marijuana Tax Could Shutter Businesses And Actually Reduce The State’s Cannabis Revenue, Industry Says

As state budget negotiations drew to a close last week, members of the Democratic-led Senate and the Republican-led House were able to reach a deal to bring in additional funding for road repairs through a plan that drew much debate: levying additional taxes on marijuana.

Hundreds of individuals from the cannabis industry came out in opposition to the proposal last week, gathering on the Capitol lawn and lining the halls of the building as lawmakers worked to finalize the state budget.

While the policy won support from both sides of the aisle, its detractors were similarly bipartisan as some lawmakers warned that an additional 24 percent tax on wholesale marijuana could carry a host of issues, from smothering small businesses to expanding the black market, and even opening the state up to a potential constitutional challenge.

Although Michigan Gov. Gretchen Whitmer (D) put her pen to the new tax law on Tuesday, the future of the law has already been challenged, with the Michigan Cannabis Industry Association filing a complaint the same day, arguing the law improperly alters the law initiated by voters when they agreed to legalize marijuana in 2018.

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24% Michigan marijuana tax, a key piece of the legislative budget deal, has passed

After much hand wringing and consternation from lawmakers who feared detrimental effects to Michigan’s cannabis industry, the Michigan Senate voted early Friday morning by a thin margin to pass a 24% wholesale tax on marijuana products sold in the state.

The measure is estimated to raise $420 million in new revenue to fund road repairs and construction in the new fiscal year, a key component of the budget deal reached by Gov. Gretchen Whitmer, House Speaker Matt Hall (R-Richland Township) and Senate Majority Leader Winnie Brinks (D-Grand Rapids).

If the vote had failed, the entire deal would more than likely fall apart, sending the respective chambers and the governor’s office back to the negotiating table. Such a development would have also sent the state into a full government shutdown. House leadership said Thursday that it would not entertain another continuation budget after the one passed Wednesday expired after Oct. 8.

Although many members of the cannabis industry rallied at the Capitol and lobbied lawmakers against passing the legislation, the implications of the entire deal falling through weighed heavily on the Legislature’s mind.

The House and Senate on late Thursday and early Friday morning passed their respective conference budgets to fund the whole of government, K-12 schools and higher education, but all of that hinged on passage of the marijuana tax.

The bill passed by a slim 19-17 vote, which had nearly as much bipartisan dissent as it did support.

Brinks and the following senators voted in favor of the bill: Sarah Anthony (D-Lansing), Rosemary Bayer (D-West Bloomfield), Darrin Camilleri (D-Trenton), Mary Cavanagh (D-Redford Township), Stephanie Chang (D-Detroit), John Cherry (D-Flint), Kevin Daley (R-Lum), Erika Geiss (D-Taylor), Veronica Klinefelt (D-Eastpointe), Dan Lauwers (R-Brockway), Ed McBroom (R-Vulcan), Sean McCann (D-Kalamazoo), Mallory McMorrow (D-Royal Oak), Jeremy Moss (D-Bloomfield Township), Dayna Polehanki (D-Livonia), Sam Singh (D-East Lansing), Roger Victory (R-Georgetown Township) and Paul Wojno (D-Warren).

Sen. Jeff Irwin (D-Ann Arbor) voted no against the bill. He was one of the legislation’s strongest opponents. 

Irwin was joined by Sens. Thomas Albert (R-Lowell), Joseph Bellino (R-Monroe), Jon Bumstead (R-North Muskegon), John Damoose (R-Harbor Springs), Roger Hauck (R-Mount Pleasant), Kevin Hertel (D-Saint Clair Shores), Michele Hoitenga (R-Manton), Mark Huizenga (R-Walker), Ruth Johnson (R-Groveland Township), Jonathan Lindsey (R-Coldwater), Senate Minority Leader Aric Nesbitt (R-Porter Township), Jim Runestad (R-White Lake), Sylvia Santana (D-Detroit), Sue Shink (D-Northfield Township), Lana Theis (R-Brighton) and Michael Webber (R-Rochester Hills).

A large portion of the day was spent debating the measure in caucus meetings and whipping votes to ensure the tax did not go up in smoke.

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California Governor Signs Bill To Integrate Hemp And Marijuana Markets After Banning Intoxicating Cannabinoids Outside Of Dispensaries

The governor of California has signed a bill to integrate intoxicating hemp products into the state’s existing marijuana market—an attempt to consolidate the cannabis industry and prevent youth access to unregulated hemp.

After the legislation from Assembly Majority Leader Cecilia Aguiar-Curry (D) passed the Senate last month, Gov. Gavin Newsom (D) signed it into law on Thursday.

“We are continuing to place the safety of every Californian first,” Newsom said. “For too long, nefarious hemp manufacturers have been exploiting loopholes to make their intoxicating products easily available to our most vulnerable communities—that stops today.”

This follows the governor’s emergency order last year that outright prohibited hemp products with any trace amounts of THC from being sold, which industry stakeholders warned would devastate the marketplace.

Under the newly signed bill, intoxicating hemp products that meet certain regulatory requirements would be able to be sold at licensed cannabis retailers with age restrictions and testing rules. But it’s unclear how that might ameliorate the hemp industry’s concerns, when adults and patients go to a store with the option to buy a broader array of marijuana products.

“Bad actors have abused state and federal law to sell intoxicating hemp products in our State. As the author of legislation that allowed the legal sale of non-intoxicating hemp CBD products, this is absolutely unacceptable,” Aguiar-Curry said. “AB 8 is a result of years of collaboration with this Administration, and I appreciate the Governor’s signature.”

“Our first job is to protect our kids and our communities,” she said. “With this bill, we’ll have responsible regulation, increase enforcement, and support struggling legal cannabis businesses against criminal competition.”

Nicole Elliott, director of the Department of Cannabis Control (DCC), said the legislation represents “a critical step forward for California’s cannabis industry and for consumer safety.”

“By closing loopholes around intoxicating hemp products and bringing them under the same strict rules as cannabis, this legislation protects consumers, ensures fair competition for licensed businesses, and strengthens the integrity of our regulated marketplace,” she said. “AB 8 makes it clear that all intoxicating products must be held to the same important standards Californians expect.”

The key provisions of the law take effect in January 2028, mandating that consumable hemp products with cannabinoids other that CBD must comply with the state’s current medical and recreational marijuana laws.

A Senate analysis of the bill released last month said the measure would ban the sale of “synthetic cannabis products and inhalable cannabis products containing cannabinoids derived from hemp,” place restrictions on incorporating raw hemp extracts into foods and beverages and expand “the authority for state and local enforcement agencies to inspect, seize, and destroy unlawful cannabis products.”

This all follows Newsom announcing emergency regulations last year to outlaw hemp products with any “detectable amount of total THC.” Under that move, hemp products that don’t have THC are also limited to five servings per package, and sales are restricted to adults 21 and older.

The proposal came less than a month after the state legislature effectively killed a governor-backed bill that would have imposed somewhat similar restrictions on intoxicating hemp-derived cannabinoids.

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Oregon Marijuana Business Files New Lawsuit Challenging Ban On Interstate Cannabis And Hemp Commerce

An Oregon marijuana business has filed a new federal lawsuit against the state, challenging the constitutionality of laws prohibiting interstate cannabis commerce.

After filing an initial suit in 2022—and later withdrawing it amid expectations of unspecified “big things” coming—the cannabis wholesaler Jefferson Packing House (JPH) filed a revised complaint on Wednesday with the U.S. District Court for the District of Oregon.

The latest suit is lengthier than the original, and it makes additional arguments about the alleged illegality of state laws barring marijuana and hemp businesses from exporting products across state lines.

At issue in the case is the Dormant Commerce Clause (DCC) of the U.S. Constitution, which generally prevents states from imposing restrictions on interstate commerce in order to ensure competitiveness in the open market.

While marijuana remains federally illegal, the plaintiffs assert that the DCC still precludes Oregon from imposing trade restrictions between states.

“Oregon law harms JPH by increasing its operating costs and preventing it from taking advantage of economies of scale,” the filing states, adding that state statute also harms the business with respect to hemp, which was federally legalized under the 2018 Farm Bill.

Barring exports of marijuana and hemp puts JPH “at a competitive disadvantage in the market,” the complaint says, because it can’t source cannabis products from out of state and can’t ship products outside of Oregon, “both of which limit its customer base and ability to offer a complete range of products at the best prices.”

State law “discriminates against interstate commerce by nakedly prohibiting such commerce, without any legitimate, non-protectionist purpose, and is therefore prohibited by the Dormant Commerce Clause of the U.S. Constitution,” it says. “There is no constitutionally adequate reason for Oregon, or any other State, to bar the import or export” marijuana or hemp.

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Oregon Officials Ask Federal Court To Reverse Ruling That Blocked Marijuana Industry Labor Law Approved By Voters

Oregon officials are asking a federal appeals court to reverse a judge’s ruling that struck down a voter-approved law to require licensed marijuana businesses to enter into labor peace agreements with workers and mandate that employers remain neutral in discussions around unionization.

In a filing with the U.S. Court of Appeals for the Ninth Circuit last week, attorneys for Oregon Gov. Tina Kotek (D), Attorney General Dan Rayfield (D) and Oregon Liquor and Cannabis Commission’s (OLCC) Dennis Doherty and Craig Prins urged a review of the “constitutional challenge” to the state law.

The officials previously provided notice that they’d be contesting the U.S. District Court for the District of Oregon decision back in June.

After two marijuana businesses—Bubble’s Hash and Ascend Dispensary—initially filed a lawsuit in the district court challenging the implementation of Measure 119, a federal judge sided with the plaintiffs, finding that the law unconstitutionally restricts free speech and violates the federal National Labor Relations Act (NLRA).

Under the currently paused law, a marijuana businesses that was unable to provide proof of a labor peace agreement could have been subject a denial or revocation of their license.

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