Legislative

California Cannabis Companies Fear Industry Will Collapse, New Rules in Oregon Will Allow Higher Purchase Limits, Montana Sees the First of its Legal Cannabis Sales

January 4, 2022 by Staff Writer

CA Cannabis Company Leaders Warn Governor Newsom the Industry is “On the Verge of Collapse”

California passed recreational legalization four years ago, but leaders in the industry fear that “excessive taxation” has placed the current system in jeopardy and put business owners in a position to fail.

On Friday, over two dozen executives from leading cannabis companies in the state sent a letter to Governor Gavin Newsom. The letter, which was also sent to various leaders of the legislature in Sacramento, asks for the cultivation tax placed on growers to be lifted. The executives also requested a three-year break from the current excise tax and an expansion of retail dispensaries throughout the state.

A spokesperson for the governor, Erin Mellon, said in a statement that Newsom supports tax reform for the legal cannabis industry and understands that there is a need for change.

Oregon’s Legal Cannabis Industry Sees Some Changes

The legal marijuana industry in Oregon will see some significant changes this year. Officials said that these adjustments are to put Oregon in better alignment with other states that have regulated legal cannabis industries. The changes will also place Oregon in a better position to export marijuana, should the plant be legalized nationally.

The new rules include doubling the limit on how much cannabis consumers can purchase, as well as permitting home delivery across city and county lines. The Oregon Liquor and Cannabis Commission also approved a regulation that will help make sure that hemp products with larger amounts of THC aren’t able to be sold alongside general market products to prevent children from accessing them.

The New Year Brings Newly Legal Cannabis Sales to Montana

In November 2021, Montanans passed an initiative to legalize recreational cannabis. Beginning January 1st, adults 21 and older in the state can purchase up to an ounce of legal cannabis per day.

But you cannot purchase legal cannabis everywhere in Montana. Counties where the majority of voters supported adult-use cannabis will automatically be allowed to start their legal sales as of the first of this year. However, counties that did not support the initiative will need to hold an additional vote to “opt-in” to the program. The “green” counties that support cannabis sales are 28 out of Montana’s 56 total counties, and they account for about 80% of the state’s population.

The post California Cannabis Companies Fear Industry Will Collapse, New Rules in Oregon Will Allow Higher Purchase Limits, Montana Sees the First of its Legal Cannabis Sales first appeared on The Marijuana Times.

California Cannabis Companies Fear Industry Will Collapse, New Rules in Oregon Will Allow Higher Purchase Limits, Montana Sees the First of its Legal Cannabis Sales
Source: Marijuana Times

The Battle Over Marijuana Legalization in Minnesota

February 2, 2019 by Staff Writer

Earlier this week I wrote about the launch of the campaign to legalize cannabis for adult use in Minnesota. Since Minnesota is one of about two dozen states that doesn’t allow citizens to bring issues to voters via ballot, activists must focus on the Minnesota state legislature.

Minnesota voters have developed a bit of a reputation for being unpredictable at times; Minnesota was the only state in the win column for Democratic Presidential candidate Walter Mondale in 1984 (to be fair, it was his home state) and they made Jesse Ventura their 38th governor in 1998.

Whether or not these quirks will translate into state legislators approving marijuana legalization remains to be seen. After all, supporting cannabis law reform is not exactly a “maverick” position to have anymore. This is all the more reason to believe activists in Minnesota have a great shot at bringing real reform to their state this year.

Working toward that end is the pro-legalization group Minnesotans for Responsible Marijuana Regulation (MRMR). Described on their website as “a broad coalition of Minnesota organizations and individuals supporting and advocating for the legalization and regulation of marijuana in Minnesota for adult recreational use”, MRMR boasts a support roster that includes the Mayor of Minneapolis.

And MRMR hopes to educate state legislators and their constituents about why legalization is the best path to take. “We started Minnesotans for Responsible Marijuana Regulation because we believe now is the time to have substantive, collaborative, inclusive conversations that help shape what marijuana legalization and policy look like in Minnesota,” Laura Monn Ginsburg, the MRMR Campaign Co-Manager, told The Marijuana Times. “To that end, we decided to launch the campaign with a Steering Committee made of a diverse group of individuals that can work toward thoughtful, thorough, and equitable ways marijuana could be legalized and regulated in Minnesota. We intend to take the conversation well beyond the Capitol, and head out throughout the state to engage and listen.”

Laura told us that although a lack of ballot access is a challenge, legalization has several things going for it. “There are a number of things that work greatly to our advantage here in Minnesota: we have legalized medicinal marijuana, we have the experience of other states to draw from, we have two marijuana legalization parties that reached the threshold for major political party status, and we have a Governor and many other elected officials who openly support legalization and did so when they were campaigning,” she said.

Laura told us that MRMR wants “marijuana legalization in Minnesota to promote economic opportunity and public safety in every community and to redress the disproportionate adverse impacts that marijuana prohibition has had on our residents and communities of color. That’s going to require tough work engaging with many stakeholder groups, but that’s precisely the work we established MRMR to do.”

So far, Laura told us that the feedback in the state has been overwhelmingly positive, even though there are still some who are not ready to engage in a discussion about legalization. Sadly, those people will be left behind, on the wrong side of an issue that’s time has clearly come.

If you live in Minnesota and support adult-use legalization, the time to make your voice heard has come as well.

The Battle Over Marijuana Legalization in Minnesota
Source: Marijuana Times

Maryland State’s Attorney Pushes for Removal of Criminal Charges for Cannabis Possession in Baltimore

February 1, 2019 by Staff Writer

A state’s attorney in Maryland, Marilyn Mosby, announced this week at a press conference that the city of Baltimore will stop prosecuting crimes associated with cannabis consumption, according to a report from The Baltimore Sun. Mosby says that she will instruct courts and law enforcement agencies not to prosecute people for simple cannabis possession, regardless of what kind of criminal history an individual has.

In addition, Mosby has requested that courts within the city of Baltimore stop pursuing and throw out around 5,000 cases of simple cannabis possession that currently exist on the books. When asked about the thought process behind removing criminal charges for cannabis possession, Mosby pointed to the fact that possessing a plant usually doesn’t harm anyone.

“When I ask myself: Is the enforcement and prosecution of marijuana possession making us safer as a city? The answer is emphatically no,” said Mosby.

Even though there were no city representatives or law enforcement present at the press conference, Baltimore Mayor Catherine Pugh said that she supports Mosby’s push to stop prosecuting cannabis crimes.

According to The Baltimore Sun, Mosby went on to say that cannabis arrests have a negative impact on the job potential of Maryland residents, and have also resulted in the unnecessary criminal records of thousands of otherwise law-abiding individuals. Additionally, Mosby rightly identified the fact that Maryland police resources should not be wasted on people who are in simple possession of the cannabis plant.

Mosby then went on to bring up the murder statistics in Baltimore. In 2018, there were 309 murders, but only 25% of them were solved. Mosby expressed her displeasure at that number, stating what cannabis advocates have always said – that police should be using their time and resources to go after real crimes with real victims.

No surprisingly, Baltimore police commissioner Gary Tuggle said he has no plans to order city officers to stop arresting peaceful people for possessing a plant medicine. (Tuggle is a former DEA agent.) Baltimore police also expressed a resistance to Mosby’s initiative, but the state’s attorney countered by stating that she will continue to seek support outside of her office.

Mosby isn’t the only state official in a major U.S. city to announce their intent in removing penalties for cannabis possession. Within the past two to three month, state officials in Pennsylvania, North Carolina and Texas have also announced plans to pass bills that will decriminalize or legalize cannabis.

Will Mosby’s efforts be effective, or will it be “business as usual” for cannabis arrests in Baltimore? Will we just have to wait and see.

Maryland State’s Attorney Pushes for Removal of Criminal Charges for Cannabis Possession in Baltimore
Source: Marijuana Times

Will Minnesota Lawmakers Legalize Adult Use Marijuana?

January 30, 2019 by Staff Writer

The year 2019 will be a tough one to encapsulate when it ends. There is so much going on this year in the cannabis law reform movement that a short summary will be impossible come late December. More than a dozen states will be deciding on some form of marijuana legalization or decriminalization – not to mention all the activity expected on the federal level in the U.S.

One of the states expected to make headlines this year for marijuana policy changes is Minnesota. Lawmakers in the state have introduced adult use legalization legislation that would allow limited amounts of cannabis possession, purchases and home growing.

“Minnesota’s outdated prohibition policy has become more of a problem than a solution,” said Rep. Mike Freiberg (DFL-Golden Valley), one of the legislation’s sponsors in the House. “It is forcing marijuana into a shady underground market, which creates more potential harm for consumers and communities than marijuana itself. Regulating marijuana would make our state safer by removing the criminal element and empowering our state and local governments to start controlling production and sales.”

The legislation would also allow local control over marijuana retailers and processors, seed-to-sale tracking, criminal record expungement and money dedicated to help neighborhoods hit hardest by prohibition.

“It is time for Minnesota to recognize that, like alcohol prohibition in the 1920s, its prohibition of marijuana does not work,” said Jason Tarasek, Minnesota political director for the Marijuana Policy Project and co-founder of Minnesotans for Responsible Marijuana Regulation. “By legalizing marijuana and carefully regulating its sale, we can keep it out of the hands of teens without needlessly arresting responsible adult consumers. This would allow law enforcement to spend more time addressing serious crimes, while also creating a significant new revenue stream for our state.”

With the forces that support cannabis prohibition being spread thinner every year, it’s important to push marijuana law reform on as many fronts as possible. Whatever resources they can muster will either be split up to fight legalization in several states, or prohibition forces will focus on one or two big fights in the hope that they can somehow slow down the legalization juggernaut.

The next 2 years will be brutal for those who fight against legalization. The blows will come from every direction and they will not let up. The time is now to get involved in your state, whether it be in Minnesota or elsewhere.

Will Minnesota Lawmakers Legalize Adult Use Marijuana?
Source: Marijuana Times

Is Buying Marijuana Online Legal?

January 29, 2019 by Staff Writer

When it comes to buying marijuana, for the longest time – and still today, for many people – it meant going to your dealer. Interestingly, all over the U.S. people are starting to try – and in many cases, succeed – to buy their cannabis online. In fact, according to a recent study posted in the American Journal of Preventive Medicine, the number of people who look to buy their marijuana from online retailers has risen by 300 percent from 2005 to 2017.

Considering the fact that over half of the U.S. allows medical marijuana now – and an ever-increasing number of states is legalizing recreational cannabis – it might seem like a normal advancement. After all, the internet has streamlined our lives; things like our calendars, social media and Amazon purchases all happen online. You can order dinner, set an appointment with your physician or find a new place to live. Just about everything we do these days revolves around the internet – but is it really legal to buy cannabis online?

The answer to that is somewhat complicated. There are legitimate licensed dispensaries that give you a way to buy cannabis and cannabis products online, but in most cases, the websites themselves are not completely legal. Numerous websites that freely sell marijuana have been taken down and this is likely to continue to happen, even though new sites will creep up faster than the unseen internet authorities can take them down. Most of these sites can be found through combinations of search terms like “cannabis”, “marijuana”, and “weed” combined with words like “order”, “shop”, and “buy”.

Unfortunately, for the legal cannabis market that is trying to prove that legalization and regulation is the safest and smartest policy, this might make things more difficult. According to researcher John W. Ayers of San Diego State University Graduate School of Public Health, anyone, regardless of age and location, can purchase marijuana via the internet. This facilitates underage use – which is something that the legal market doesn’t allow, just like with alcohol. The point continues to stand that only in a legal and regulated market can we truly ensure that adult consumption stays “adult” consumption.

So how can we combat websites that are selling marijuana illegally to anyone and everyone? The best course of action is to keep your cannabis buying to in-person transactions at your local dispensary. Only if your dispensary advertises online ordering and/or delivery should you ever purchase cannabis online – otherwise be aware that even if it is legal in your state, these websites are not licensed retailers and that sale remains illegal. Eventually, buying cannabis will be as simple as point-and-click for all of us, but until then, be wary of where you purchase your bud.

Disclaimer: This article is intended for entertainment purposes only and is not intended to provide legal advice.

Is Buying Marijuana Online Legal?
Source: Marijuana Times

What’s Behind Oklahoma’s Quick Rollout of Medical Marijuana?

January 26, 2019 by Staff Writer

We have covered the state of Oklahoma quite a bit here at The Marijuana Times. From its rocky start last summer up to the impressively quick rollout, we’ve learned a lot from the state’s medical marijuana program.

In fact, just the other day, I wrote the following paragraph:

It’s not like a simpler approach isn’t possible with cannabis law reform. Look at Oklahoma. I’ve covered the state quite a bit on our video show Cannabis News and things are moving quite fast there. After what most would deem a rocky start, the medical marijuana program in Oklahoma has gone from non-existent to in place and showing explosive growth in the space of 6 months. And what will happen in Oklahoma? A lot of people will grow, sell and consume cannabis legally. Tens of thousands of patients will find relief.

Re-reading that paragraph made me wonder two things: why did I use “quite” twice in one sentence, and how is it that Oklahoma has been able to do what few other states have? To be sure, there are several superficial reasons, but I wanted to know more than that. What is so different about Oklahoma that they can bring about a functioning medical cannabis industry in a few months when it takes other states up to a year to even write the form that licensees will need to fill out? When you want answers, there are few better places to go than to the source; in this case, Chip and Cynthia Paul of Oklahomans for Health.

“Oklahomans For Health was founded in 2014 by my wife Cynthia and I, and another gent,” Chip told us about the beginning of this journey. “We petitioned the state in 2014 and were successful in building momentum and also changing the conversation in Oklahoma (we have a 90 day window). We petitioned again in 2016 and reached our signature threshold. We were denied the 2016 ballot due to a challenge by then Oklahoma Attorney General Scott Pruitt. We won that case in Oklahoma State Supreme Court and were awarded the ballot on June 26th, 2018.”

According to Chip, the measure passed against heavy odds. “We were opposed by every sitting State Agency head, the Oklahoma State Medical Association, every major hospital system, the Oklahoma State Chamber of Commerce, most city Chambers, and of course most LE agencies,” he said, adding that the opposition outspent the Pro-MMJ forces about 12-to-1.

And the short answer as to why the state has been so quick to get the program going? They were forced to. “Since it is an activist law, we wrote it with triggers and dates,” Chip told us. “The state had to have the entire program rolled out within 60 days. We certainly were indicating that we would take legal action if they did not meet the dates. There was a lot of griping about the dates, but the Oklahoma State Department of Health hit the marks and rolled the program out on time.”

I also asked about what still needs to be done when it comes to the medical cannabis program, and Chip pointed out that some regulations were still needed since the state’s Department of Health became sort of gun shy after their initial heavy-handed attempts to restrict the program were shot down. Among Chip’s list of things still needed:

-a testing license and we need lab testing defined and required in the regs

-some better security regulations around outdoor grows

-state defined zoning which would keep cities from over reaching on permitting/zoning requirements

The “program is getting very good feedback both nationally and in the local press,” Chip told us, and so far “the cannabis industry, for the most part, has been very responsible about how they have conducted themselves even under loose regulations.”

All in all, Oklahoma shows what is possible. To get an un-restrictive medical marijuana measure on the ballot in a “red state” and have it pass with 57% of the vote while getting massively outspent by the opposition is incredible enough, but it’s just the first chapter of the book activists and lawmakers in the state are writing on just how to get a full industry up and running in a matter of months.

The lesson activists should take away from this is to keep a tight rein on ballot measure language. Set hard deadlines and force those who will implement the measure to abide by them. Stay vigilant and as unyielding as possible. After all, the ailments that those who use medical cannabis suffer from are not going to back down – and the people fighting for better access have no reason to either.

What’s Behind Oklahoma’s Quick Rollout of Medical Marijuana?
Source: Marijuana Times

Pennsylvania Removes Restrictions on Industrial Hemp

January 25, 2019 by Staff Writer Leave a Comment

Pennsylvania recently made the decision to remove limitations on industrial hemp, a surprisingly welcome move that will essentially enable farmers to have relatively open access to the hemp industry in the state, according to a report from The Morning Call.

The Keystone state recently submitted their updated hemp plan to the U.S. Department of Agriculture. The Farm Bill of 2018 essentially legalized industrial hemp, but as expected, the federal government pumped their brakes when it comes to establishing hemp-growing regulations. Before the Farm Bill, hemp growing was restricted to pilot programs in most states, which continues now.

Pennsylvania apparently wants no part of those pilot programs, which limited industrial hemp farms to 84 throughout the Keystone State. The agriculture department of Pennsylvania reversed a 2018 decision that only 100 acres of hemp plants should be grown in the state.

Even after this monumental achievement for hemp in the Keystone State, hurdles are still in place. Cannabis advocates in Pennsylvania rightly point to “80 years of missing information” when it comes to legally cultivating hemp and cannabis. The most common issues surrounding hemp cultivation are pest control and harvesting. Currently, there are no commercial hemp processing facilities in Pennsylvania, but that could change in the near future.

“It’s one more step, but in this case it’s a big step for Pennsylvania farmers who are certainly seeking alternatives in new rotational crops,” said Geoff Whaling, President of the Pennsylvania Hemp Industrial Council.

The laws regarding legal cannabis in the state of Pennsylvania have been rapidly evolving within the last year, and especially the last few months. The medical cannabis program in the Keystone State recently received a review and overhaul, allowing for the necessary expansion of the program. Additionally, high-ranking state officials like Governor Tom Wolfe have called for a “serious look” at legalizing recreational cannabis.

The expansion of the state’s medical cannabis program, the removal of restrictions on hemp and the proposals for recreational adult use in the state aim to put Pennsylvania on par with other states that surround it, such as New York and New Jersey. Will the removal of commercial restrictions on industrial hemp in the Keystone State eventually lead to full legalization? Only time will tell.

Pennsylvania Removes Restrictions on Industrial Hemp
Source: Marijuana Times

California Highway Patrol Arrests Licensed Cannabis Delivery Drivers

January 22, 2019 by Staff Writer Leave a Comment

While one of the goals of legalizing cannabis is to drastically reduce the number of people arrested for possession of the plant, it unfortunately can’t put an end to all arrests. Though there are still crimes related to marijuana, especially illegal sales and transportation, not all arrests fall into perfect black and white categories, as is the case with two former California Highway Patrol (CHP) officers who were arrested after a traffic stop by current CHP.

“It appears the CHP will stop at nothing to disrupt the lawful and legal transport of items involved in the medicinal cannabis industry,” Barry and Clemann said in a press release.

Rich Barry and Brian Clemann – the former CHP officers – now own Wild Rivers Transport, which is a licensed cannabis transport business. At the time of the arrest they weren’t transporting cannabis, but were simply collecting a payment for cannabis oil when they were stopped. A police canine detected cannabis and the vehicle was searched.

After identifying themselves as prior CHP officers the pair found themselves being arrested for suspicion of illegal possession of concealed firearms and possession of more than $100,000 derived from the unlawful sale, possession for sale, transportation or manufacturing of a controlled substance.

CHP spokeswoman Jaime Coffee said in an email interview that “in order to legally transport cannabis in California for commercial purposes, a person must possess the appropriate (Bureau of Cannabis Control) license and comply with the BCC administrative regulations.”

What this means is that Barry and Clemann did nothing illegal, since they are a licensed distribution business and they have said that they carried their license from the Bureau of Cannabis Control.

This arrest appears to have no basis. The only issue appears to stem from the fact that the CHP officers seem to have mistaken their identification as “prior” officers and instead heard “retired” officers, according to a press release where they were accused of calling themselves retired police officers. However, even at that, the arrests are for cannabis-related crimes that they were not even committing as they are a licensed business.

Kumin, the attorney representing Barry and Clemann, said in an email interview that “the fundamental issue here is whether the CHP is going to follow the will of the voters of California and the Legislature and stop cooperating with federal authorities in the ongoing federally instigated war on cannabis.”

The pair are suing the California Highway Patrol in San Francisco Superior Court, where they are hoping for a ruling that directs state and local governments not to interfere with the legal distribution of marijuana.

California Highway Patrol Arrests Licensed Cannabis Delivery Drivers
Source: Marijuana Times

How Long Should Legalization Take?

January 21, 2019 by Staff Writer Leave a Comment

Despite what you may think of when reading the title of this piece, I’m not talking about “legalization” as an abstract policy concept; I’m talking about the proposing, voting on and implementation of cannabis legalization in a specific state.

We’ll use New York as an example. By all accounts, the state of New York is on the precipice of approving recreational marijuana legalization. If all goes well, the legislature will pass a legalization bill and the Governor will sign it, kicking off a series of deadlines and meetings leading up to implementation.

But it’s not that simple. From The Associated Press:

While there’s broad agreement on the idea of legalization, there’s no consensus on a long list of details that must be figured out first.

Taxes and regulations must be approved. Rules for licensing retailers must be written. A new government entity may have to be created. Local governments will have to be brought in. Even after a bill passes, it could take a year or more for any pot shops to open, based on what’s happened in other states and New York’s own experience with medical marijuana.

It seems like a forgone conclusion that it takes a couple of years to pass and enact a legalization measure. It seems much of this delay comes from the still deep-seated belief held by many that cannabis is a dangerous substance that needs to be tightly restricted and heavily regulated, lest it get loose and destroy the very fabric of our society.

Things learned early are hard to forget. I remember D.A.R.E. I remember being pummeled verbally for a few years about how marijuana use leads to all manner of degeneracy and health problems. The remnants of the stigma around cannabis cause many to believe that legalization should be a few hundred pages of regulations covering every possible aspect of a theoretical industry; something that contains a clause for every contingency.

But what if it’s not? What if a state government just outlines what needs to happen, lets an industry develop, then reacts accordingly?

Yes, I know, that will lead to a “wild wild west” (an over-used phrase if ever there was one) of marijuana. Adults will be buying marijuana willy-nilly all over the place. And my question is: so what?

California was the “wild wild west” of marijuana for 20 years, and what happened? A lot of people grew, sold and consumed marijuana legally. That’s it. No one overdosed and died from marijuana. Millions of patients had better lives because they had easier access to their medicine. Yes, the horror…the horror.

It’s not like a simpler approach isn’t possible with cannabis law reform. Look at Oklahoma. I’ve covered the state quite a bit on our video show Cannabis News and things are moving quite fast there. After what most would deem a rocky start, the medical marijuana program in Oklahoma has gone from non-existent to in place and showing explosive growth in the space of 6 months. And what will happen in Oklahoma? A lot of people will grow, sell and consume cannabis legally. Tens of thousands of patients will find relief.

The horror.

How Long Should Legalization Take?
Source: Marijuana Times

Medical Marijuana Legislation Introduced in Kentucky

January 19, 2019 by Staff Writer Leave a Comment

A new year brings a new effort to pass medical cannabis legislation in Kentucky. The path is often hard, but the momentum has built year after year and many think this is the year that substantial progress will be made on medical marijuana in the Bluegrass State.

Legislation filed recently could provide the access that so many in the state desperately need. “There are 40,000 – 60,000 Kentuckians who have little to no relief provided by traditional medicine for symptoms of debilitating illnesses,” Diane St. Onge, a Kentucky State Representative (R-Ft. Wright) and one of the sponsors of medical marijuana in Frankfort, told The Marijuana Times. “Their quality of life is severely compromised. Often they take upwards of 30 pills a day which interact with each other rendering the patients unable to drive, to work, to function in anything other than a highly compromised world.”

For Diane, the time for medical legalization has come. “Medicinal marijuana has been legalized in 33 states. It is time for legislators to do the will of 82% of Kentuckians – Republicans, Democrats, and Independents alike – and offer an alternative remedy to the pain these Kentuckians face day in and day out. HB 136 provides for a highly structured, regulated and licensed framework, within which those qualified individuals in a bonafide doctor/patient relationship, can become eligible for a medical marijuana card.”

Allowing people access to the medicine of their choice doesn’t seem like a battle that should be necessary. Those who oppose medical cannabis will tell you that they are simply looking out for patients and that they are protecting them from themselves. But who has more right to decide what you ingest than you do?

More than anything else, the fear and stigma that surrounds marijuana needs to be overcome in states like Kentucky. What else would account for the hesitancy on the part of many lawmakers when it comes to advancing medical cannabis reform measures? Every year patients from all over the state descend on Frankfort and plead their case, and every year they are denied relief.

Who is harmed if a doctor recommends that a patient use cannabis? I can certainly show you who is harmed if a doctor is not allowed to make that recommendation.

Rep. St. Onge told us she believes that HB 136 would pass if it made it to a vote on the House floor. “There is also some support for medical marijuana in the Senate and as we allay fears with references as to how these have been addressed by this bill, we gain more support daily,” she said.

Hopefully 2020 will be the year the legislature gathers to improve the medical marijuana bill passed this year. Patients cannot wait any longer, and there is really no good reason to make them do so.

Medical Marijuana Legislation Introduced in Kentucky
Source: Marijuana Times