Tag: marijuana

Missouri Courts Ask For $3.7 Million To Continue Expunging Past Marijuana Convictions

Missouri circuit courts have cleared more than 100,000 marijuana charges from people’s criminal records so far—a mandate that was a big selling point for those who voted to pass the constitutional amendment that legalized recreational marijuana in 2022.

However, court officials say it’s hard to determine how many more charges are left because many court records are not digitized.

Missouri court officials are set to request another $3.7 million to complete marijuana expungements in the coming budget year, making their case Wednesday to a House appropriations committee.

By law, any revenue the state collects from taxes on recreational marijuana sales, along with fees the businesses pay, must first go towards the state’s costs of regulating the program. Then it goes to expenses incurred by the court system for expunging certain marijuana offenses from people’s criminal records.

Last year lawmakers signed off on $4.5 million for state courts to pay their employees overtime or to hire temp workers to complete the massive number of expungements required by law. They approved an additional $2.5 million in a supplemental budget on May 5.

Circuit courts must request funds to reimburse their expenses for completing expungements from the Circuit Court Budget Committee, which oversees the special assistance program.

So far, the committee has given $4.2 million to the county courts, said Beth Riggert, communications counsel of the Missouri Supreme Court. And the committee has allocated the funds to any circuit court that has requested it, she said.

“Some circuit courts have advised they have not requested special assistance funds because they did not have current court clerks willing or able to work overtime,” Riggert said, “and/or have been unable to find qualified individuals to provide special assistance because the analysis required is complicated and better done by experienced personnel, such as retired clerks.”

As of January 2, Missouri courts have granted 103,558 expungements. Out of all the counties, Greene County has received the most funding, nearly $940,000, and has completed the most expungements at 4,306.

After Greene, the counties that have completed the most expungements are not necessarily the largest counties or the ones that have received the most money.

The second highest number is 3,515 from Laclede County, which has a population of 36,000. The county has received a little more than $35,000 from the special assistance program.

In third place is St. Louis County, the state’s largest county with more than a million people, where court officials have processed 3,479 expungements. The county has received just over $135,000. The court has reviewed 11,300 files, a spokesman for the 21st Circuit Court said.

Franklin County, which has a population of 104,000, is fourth, completing 3,200 expungements and receiving about $53,000. Franklin is just ahead of Jackson County, which has a population of 717,000. Jackson has completed 2,900 and received nearly $195,000.

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Parole denied for 68-year-old in Alabama: ‘A life sentence for growing marijuana’

Leon Hotchkiss, now 68, remains behind bars in Alabama, spending decades imprisoned for growing pot.

Authorities seized about five and half pounds of the plant on his property in Baldwin County, allowing authorities to charge him under the state’s marijuana trafficking law.

In 2013, Hotchkiss was sentenced to spend the next 40 years in prison.

And when he came up for parole in February, after serving a decade, the three-member Alabama parole board voted to keep him there.

The board set his next hearing in 2028 – the furthest they could push it back. He’ll be 73.

Today, Hotchkiss is incarcerated at the Loxley Community Work Center, although he spends most days outside the lockup. Each morning, he is dropped off at his job at a Fairhope boat dealership.

Jody Cullifer recently retired from the dealership, but he’s the person who secured the job for Hotchkiss. He said he had trouble finding a person to wash the boats, so he called the prison and asked if they had anyone who could do the job and provide general maintenance. They sent Hotchkiss.

On Hotchkiss’s first day, Cullifer explained the job. “He picked up really quick… and did a phenomenal job,” he said.

Cullifer called Hotchkiss a good worker and a trustworthy employee, and said the bosses gave him his own key to the dealership. That way, Hotchkiss could let himself inside in case the prison van dropped him off too early in the morning.

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Scientists Discover The Exact Reason Marijuana Causes The ‘Munchies’ In New Federally Funded Study

For the first time, scientists have identified exactly what happens in the brain after using marijuana that causes the “munchies,” a new federally funded study shows.

Researchers at Washington State University (WSU) published the findings in the journal Scientific Reports, revealing how cannabis activates a specific cluster of neurons in the hypothalamus region of the brain that stimulates appetite.

The hunger-inducing effects of marijuana have been well-understood by consumers, but now the results of the new animal research offer insights that could help lead to the development of targeted therapeutics for people with conditions such as anorexia and obesity.

After mice were exposed to vaporized cannabis, researchers used calcium imaging technology (similar to a brain MRI) to track changes in neuron activity. They found that marijuana vapor attached to cannabinoid-1 receptors in the brain and activated so-called “feeding” neurons in the hypothalamus called Agouti Related Protein neurons.

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The Newly Unveiled HHS Rationale for Rescheduling Marijuana Underlines Drug Warriors’ Dishonesty

Last week, in response to a Freedom of Information Act request by Houston lawyer Matthew Zorn, the Department of Health and Human Services (HHS) revealed the rationale for its August 2023 recommendation that the Drug Enforcement Administration (DEA) move marijuana from Schedule I to Schedule III of the Controlled Substances Act. The document not only contradicts the position that the DEA has long taken on this issue; it contradicts the position that HHS itself took in 2016, when the DEA rejected a 2011 rescheduling petition. The reversal shows that marijuana’s classification has always been a political question rather than a legal or scientific matter.

On October 7, 2022, the same day he announced a mass pardon for people convicted of simple marijuana possession under federal law, President Joe Biden instructed HHS and Attorney General Merrick Garland to “initiate the administrative process to review expeditiously how marijuana is scheduled under federal law.” Biden noted that Schedule I, which includes “heroin and LSD,” is “the classification meant for the most dangerous substances” and is “even higher than the classification of fentanyl and methamphetamine—the drugs that are driving our overdose epidemic.” On Twitter, he reiterated that “we classify marijuana at the same level as heroin” and treat it as “more serious than fentanyl,” which he said “makes no sense.”

In short, it was clear that Biden did not expect HHS to confirm its previous position that marijuana belongs in Schedule I. He expected HHS to recommend that marijuana be moved to a lower schedule, which is what it ultimately did. As the details of the HHS recommendation clarify, that decision was not based on new scientific evidence. It was based on a reinterpretation of the criteria for Schedule I that could have been implemented much sooner if HHS and the DEA had been open to it, or if a previous president had encouraged it.

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NCAA Division I To Vote On Removing Marijuana From Banned Substances List For Student Athletes

A new collegiate athletics proposal would remove marijuana from the list of substances included in drug screenings for National Collegiate Athletic Association (NCAA) championship competitions, with officials set to vote on the matter in June. Proponents say the approach is consistent with designing rules to focus on reducing harm rather than punishing student athletes.

The plan would build on a 2022 change that increased the allowable THC threshold for college athletes, aligning NCAA’s rules with those of the World Anti-Doping Agency (WADA).

The latest proposal would effectively treat marijuana more like alcohol. While NCAA doesn’t intend for the change to promote cannabis use, the substance isn’t believed to give competitors an unfair advantage in sport.

“Cannabis is not a performance-enhancing drug, and we determined that the drug testing conducted at NCAA championships should focus on substances that impact competitive outcomes,” Pat Chun, athletics director at Washington State and chair of the Strategic Vision and Planning Committee, said in a statement last week. “To be clear, this does not mean that NCAA members condone or promote use of cannabinoids. However, rather than focus on testing and subsequently penalizing student-athletes who use cannabis, NCAA efforts should focus on a harm reduction strategy, similar to substances like alcohol.”

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Top Biden Health Official In Touch With DEA About Marijuana Rescheduling Recommendation

The head of the U.S. Department of Health and Human Services (HHS) says his agency has “communicated” the agency’s “position” on marijuana rescheduling to the Drug Enforcement Administration (DEA) and has continued to offer additional information to assist with the final determination.

HHS for the first time confirmed that it had recommended moving cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) on Friday, releasing a trove of documents it submitted to DEA last year amid a Freedom of Information Act (FOIA) lawsuit initiated by attorney Matt Zorn.

Xavier Becerra, secretary of HHS, told The New York Times in a new interview that his department “communicated to them our position” and “put it all out there for them,” referring to the comprehensive scientific review it conducted and submitted to DEA as part of a scheduling directive from President Joe Biden.

“We continue to offer them any follow up, technical information if they have any questions,” Becerra said.

The status of DEA’s review is currently unknown, though some suspect the release of the cannabis materials in the FOIA lawsuit may indicate the scheduling decision announcement is imminent. Marijuana Moment reached out to DEA for clarification on the timing, and a spokesperson referred the inquiry to the Justice Department, which has not responded to requests for comment.

Congressional lawmakers, meanwhile, have touted the HHS Schedule III recommendation following Friday’s disclosure of the review documents.

“I’m encouraged by this news & urge the DEA to follow this common-sense scientific recommendation to move cannabis to Schedule III,” Rep. Dwight Evans (D-PA) said on Friday. “I continue to support full legalization but this would be a positive action.”

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Congressman Delivers ‘Angry’ Floor Speech About Stalled Federal Marijuana Reform, But Says It’s ‘Not Too Late’ To Act

It’s “not too late” for the current Congress to pass sensible marijuana reform legislation and end the “insane” prohibitionist policies of the war on drugs, Rep. Earl Blumenauer (D-OR) says.

In an impassioned speech on the House floor on Thursday, the founding member of the Congressional Cannabis Caucus said he is both “sad” and “angry” over the continued federal inaction on marijuana reform, arguing that it’s “time for Congress to stop making this problem worse.”

“I’ve been working for 50 years leading the effort to end the failed, unfair, cynical, dangerous war on drugs that targeted Black people, that discouraged the illegal use of a therapeutic good—something that could have enriched our economy but instead criminalized behavior,” he said.

Blumenauer, who is retiring at the end of this year but still plans to be involved in advancing the issue, said members have seen stories about the potential harms of cannabis for vulnerable populations—but that’s precisely why they should support a legal regulatory framework to mitigate risks.

“We don’t have a system that regulates it, that taxes it, that keeps it out of the hands of children,” he said. “No neighborhood drug dealer looks for identification, and they’re perfectly happy to sell kids other more dangerous and potent drugs. We don’t have to do this.”

The congressman, who is also sponsoring a newly reintroduced resolution alongside Rep. Barbara Lee (D-CA) promoting equity in state cannabis markets, pointed out that the House under Democratic control has previously passed comprehensive legalization legislation, as well as proposals to address the unique financial challenges of the marijuana industry. But none of those have yet been enacted into law.

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12 State Attorneys General Tell DEA To Reschedule Marijuana As ‘Public Safety Imperative’

A coalition of 12 Democratic state attorneys general is urging the Drug Enforcement Administration (DEA) to move forward with federal marijuana rescheduling, calling the policy change a “public safety imperative.”

In a letter led by Colorado Attorney General Phil Weiser (D) that was sent to DEA Administrator Anne Milgram on Friday, the top state law enforcement officials said were “encouraged” to see the U.S. Department of Health and Human Services (HHS) recommend moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) “in the interest of public health and safety.”

“For these reasons, we encourage the DEA to implement a final rule rescheduling cannabis to Schedule III based on the Federal Drug Administration’s [sic] scientific and medical conclusions,” they wrote. “We see this as a public safety imperative and write in support of this policy change.”

“As state attorneys general, we have a responsibility to protect consumers and defend public safety,” they said, adding that they remain concerned about the illicit cannabis market, unregulated sales of intoxicating hemp-based cannabinoid products and the “continuing proliferation of dangerous opioids.”

“State-sanctioned cannabis markets provide access to regulated products that are clearly safer to what individuals can buy on the street—and supporting the effective operation of these regulated markets thus fits with our commitment to addressing the opioid crisis and rising overdose deaths,” the officials said.

“The undersigned appreciate that rescheduling to Schedule III will allow the state-regulated cannabis industry to continue to set the standard for legal products and work to eliminate the illicit market and unregulated intoxicating hemp products that currently operate in interstate commerce. Regardless of the policy choices made, demand for these products will continue. Meeting this demand only in a regulated, legal marketplace better protects consumers.”

The letter also notes that tax revenue from regulated cannabis sales is “material,” contributing “billions of dollars” to state coffers. Moving cannabis to Schedule III would further allow licensed businesses to take federal tax deductions after being excluded form the scope of the 280E provision, which would help them “expand their investments into the state programs and focus on public health and safety in collaboration with law enforcements efforts.”

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Feds Will Release Marijuana Rescheduling Memo And Related Documents ‘In Their Entirety’ In Response To Lawsuit

The Department of Health and Human Services (HHS) has agreed to release documents related to its recommendation to federally reschedule marijuana “in their entirety” amid litigation over a Freedom of Information Act (FOIA) request that was filed by a lawyer last year.

“Good afternoon and thank you for your patience,” a Department of Justice attorney handling the case said in an email to attorney Matt Zorn on Thursday. “The agency has advised that it will release the letter and its enclosures in their entirety.”

Zorn posted a screenshot of the email on his blog, noting that the release could mean that “rescheduling is imminent—or not.”

When the government announces a marijuana rescheduling through a Federal Register notice, he pointed out, it would “attach the letter and its enclosures” to that posting.

Zorn last month obtained more than 250 pages of the rescheduling advisory letter and supporting documents sent by HHS to the Drug Enforcement Administration (DEA) last year, though the vast majority were released only in highly redacted form.

In a phone interview with Marijuana Moment, Zorn said the new development comes after a “little scuffle” with the federal government over the timeline in his FOIA lawsuit. The Justice Department had filed a motion to vacate a deadline for summary judgement that was set for January 18, and while Zorn said he would typically accept such a request, he instead filed an opposing brief and the judge ultimately denied the government’s motion.

He added that, “realistically, the lawsuit could have accelerated” the timing of the government’s scheduling announcement, though it’s also possible that just the letter will be released without DEA immediately announcing a decision in the ongoing scheduling review.

In October, HHS released a highly redacted version of the one-page letter from the health agency to DEA in response to public records requests by news organizations such as Marijuana Moment and lawyers, including Zorn.

Shane Pennington, a lawyer who co-writes the On Drugs blog with Zorn, applauded his colleague’s work in pushing for the documents to be released.

“Matt has demonstrated once again that litigation is a powerful tool for unlocking doors, solving problems, and doing the ‘impossible,’” he told Marijuana Moment in an email. “I’m proud to work with him on On Drugs and so many other projects.”

Broadly, the documents are believed to discuss new scientific information that’s come to light in recent years, which HHS suggests might necessitate rescheduling marijuana.

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GOP Virginia Governor Doesn’t Have ‘Any Interest’ In Legalizing Marijuana Sales Under New Democrat-Led Bills

As Virginia Democrstic lawmakers renew their push to legalize marijuana sales, the Republican governor says the issue isn’t something he’s personally interested in advancing this year.

While advocates are hopeful that commercial legalization could move through both chambers of the legislature, which are now controlled by Democrats, the remarks from Gov. Glenn Youngkin (R) indicate that the plan might not be enacted into law even if it is approved by the House of Delegates and Senate.

Following his State of the Commonwealth address on Wednesday, Youngkin was asked about the prospects of further cannabis reform.

“I just don’t have a lot of interest in pressing forward with marijuana legislation,” he told reporters.

Cannabis is “an area that I really don’t have any interest in,” the governor said.

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