Thursday, April 15, 2021

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Virginia: Legalization of Adult-use Marijuana to Take Effect July 1, 2021

Following today’s legislative approval of Democratic Governor Ralph Northam’s amendments to Senate Bill 1406 and House Bill 2312, Virginia becomes the first southern state to legalize the possession and use of marijuana by adults.  Senate Bill 1406, introduced by Senator Adam Ebbin (D-30) and Senate President Pro Tempore Senator Louise Lucas (D-18), and House Bill 2312, patroned by House Majority Leader Delegate Charniele Herring (D-46), establish a statutory timeline for the legalization of the commercial marijuana market in Virginia. The measure also permits for the personal possession and cultivation of cannabis by those ages 21 or older. Last week, Gov. Northam recommended changes to the legislation to permit the personal use provisions of the law to take effect on July 1, 2021 rather than on January 1, 2024 — the enactment date initially approved by lawmakers. Today, a majority of the legislature concurred with that change. Therefore, beginning July 1, 2021, adults will be permitted to possess up to one ounce of marijuana and to cultivate up to four cannabis plants per household without penalty. The timeline by which state regulators have to enact provisions licensing commercial cannabis production and sales remains July 1, 2024. Commenting on the final passage, NORML Development Director Jenn Michelle Pedini, who also serves as the Executive Director of Virginia NORML, said: “This is an incredible victory for Virginia. Legalization will bring an end to the thousands of low-level marijuana infractions occurring annually in the Commonwealth — ending a discriminatory practice that far too often targets Virginians who are young, poor, and people of color.”  Majority Leader Charniele Herring added: “It is a huge day for equity in the Commonwealth. Virginia is now the first state in the South to legalize recreational marijuana use, and I am so proud to have been able to carry this monumental legislation. I am ever grateful for the commitment and advocacy from NORML on this topic. Getting Virginia to this day would not have been possible without their hard work and dedication to the cause.” Senator Adam Ebbin said: “The passage of SB1406 caps off years of struggle to reform our broken and outdated marijuana laws and begins the deliberate steps to repeal the harms of the failed prohibition. I am thankful to NORML, the Governor, and my colleagues for moving this 283 bill from inception to passage over the last four months, and look forward to continuing to partner with them to establish a regulated, equity focused, adult-use marketplace in the coming years.” Newly released statewide polling data finds that 68 percent of registered voters in Virginia, including majorities of Democrats and Republicans, support legalizing marijuana for adults. “Virginians were very clear that they are ready for legalization this year, sending over 8,800 emails in support of these measures,” Pedini added. Additional amendments added by Gov. Northam will allow the sealing of records related to crimes involving the misdemeanor possession of marijuana with the intent to distribute. Those records will begin to be sealed starting on July 1, 2021. Separate legislation enacted in 2020 previously sealed records related to misdemeanor marijuana possession.  Records specific to the simple possession of marijuana and/or misdemeanor possession with intent to distribute records will be automatically expunged no later than 2025. Those with records specific to crimes involving the felony possession of marijuana with the intent to distribute may begin to petition the courts for an expounging of their records in 2025.  The bill also allows for the resentencing of individuals currently incarcerated for marijuana-related offenses. The measure permits these individuals to have a hearing before the court that originally sentenced them, with legal counsel provided for indigent individuals. However, this portion of the bill must be reenacted in 2022. The legislation also establishes an independent agency, the Virginia Cannabis Control Authority, to oversee the establishment of regulations that will govern the adult-use market. This agency is set to convene this summer. The remainder of the 300-page bill, which details the regulatory and market structure and social equity provisions, is subject to a second review and vote by the Assembly next year. “NORML worked closely with the bills’ sponsors and with the Attorney General to provide substantial amendment language to Governor Northam,” Pedini added. “While a number of important improvements were made, we’re disappointed that Virginia is not following the common-sense pathways previously established by other states that have successfully expanded from medical-use to adult-use. In the interest of public and consumer safety, Virginians 21 and older should be able to purchase retail cannabis products at the already operational dispensaries in 2021, not in 2024. Such a delay will only exacerbate the divide for equity applicants and embolden illicit activity. NORML remains dedicated to continuing to our work with lawmakers and regulators to advance legislative reforms that are most closely aligned with the views of the majority of Virginians who desire a safe, legal cannabis market.” In recent days, Governor Northam has approved multiple medical cannabis measures permitting dispensaries to provide botanical formulations of cannabis, expanding telehealth access for patients, and protecting registered patients who use cannabis in their off-hours from discrimination in the workplace. In total, Governor Northam has approved 41 cannabis-related bills during his term. NOTE: A final procedural vote is still pending in each chamber. For more information, contact Jenn Michelle Pedini, NORML Development Director.

New National Poll: 75% of Americans Oppose Marijuana Prohibition

In a newly published poll by The Hill/HarrisX Daily, 75% of respondents said they opposed the federal prohibition and criminalization of marijuana, with only 25% saying they support the current policy. The respondents were given three options: The federal government should legalize it in the U.S. (38%), States should decide at their level (37%), or It should be illegal everywhere in the U.S. (25%). The Schedule 1 status of marijuana under the Controlled Substances Act represents a federal prohibition and criminalization. Under current policy, every state program is in violation of federal law. There has not been legislation introduced that would force states to legalize. You can read more about the CSA in a NORML memo here. Other notable aspects of the poll demonstrated: Voters of all political persuasions opposed federal prohibition, with 84% of Democrats, 66% of Republicans, and 74% of Independents opposing the status quoAmong urbanicity groups, 83% of urban residents, 72% of suburban residents, and 72% of rural voters oppose the status quo.Based on previous Presidential vote, 84% of Biden voters, 64% of Trump voters, and 71% of ‘other’ voters oppose the status quo.Voters in every age group opposed the status quo, ranging from 88% of those 18-34, 81% of those from 35-49, 67% of those 50-64, and 68% of those 65+. You can read the full results of the Hill/HarrisX poll here. You can read more polls at https://norml.org/marijuana/library/surveys-polls/

Virginia: Governor Approves Expedited July 1 Enactment Date for Adult-Use Marijuana Legalization

Democratic Governor Ralph Northam announced amendments today to legislation (Senate Bill 1406 | House Bill 2312) establishing a statutory timeline for the legalization of marijuana possession, use, cultivation, and retail sales. Governor Northam recommended that provisions in the legislation legalizing the personal possession and personal cultivation of cannabis by adults take effect on July 1, 2021 rather than on January 1, 2024 — the enactment date initially approved by lawmakers. Should the legislature vote to approve the amendment, those ages 21 and older would be permitted to possess up to one ounce of marijuana and to cultivate up to four cannabis plants per household without penalty later this year. The legislature is set to reconvene on April 7 to accept or reject the proposed amendments. The timeline by which state regulators would have to enact provisions governing commercial cannabis production and sales remains July 1, 2024. “Our Commonwealth is committed to legalizing marijuana in an equitable way,” said GovernorNortham in a statement. “Virginia will become the 15th state to legalize marijuana—and these changes will ensure we do it with a focus on public safety, public health, and social justice. I am grateful to the advocates and legislators for their dedicated work on this important issue, and I look forward to this legislation passing next month.” Commenting on the proposed amendments, NORML Development Director Jenn Michelle Pedini, who also serves as the Executive Director of Virginia NORML, said: “We’re pleased Governor Northam agrees with NORML that the legalization of personal possession and personal cultivation ought to happen as soon as possible. Virginians have been very clear that they are ready for legalization this year, sending over 7,100 emails in support of these measures this session.” Newly released statewide polling data finds that 68 percent of registered voters in Virginia, including majorities of Democrats and Republicans, support legalizing marijuana for adults. “The Governor’s amendments are another step towards ending the targeting of minoritycommunities over marijuana-related offenses and enacting a framework for the legal sale and use of cannabis,” said Speaker Eileen Filler-Corn. “I’m grateful to Governor Northam, my colleagues, and all the advocates who worked so hard on this important legislation.” The legislation also establishes an independent agency, the Virginia Cannabis Control Authority, to oversee the establishment of regulations that will govern the adult-use market, set to convene this summer. The remainder of the 300-page bill, which details the regulatory and market structure and social equity provisions, is subject to a second review and vote by the Assembly next year. “NORML worked closely with the patrons and the Attorney General to provide substantial amendment language to Governor Northam,” Pedini added. “While a number of important improvements were made, we’re disappointed that Virginia is not following the common-sense pathways previously established by other states that have successfully expanded from medical-use to adult-use. In the interest of public and consumer safety, Virginians 21 and older should be able to purchase retail cannabis products at the already operational dispensaries in 2021, not in 2024. Such a delay will only exacerbate the divide for equity applicants and embolden illicit activity. NORML remains dedicated to continuing to our work with lawmakers and regulators to advance legislative reforms that are most closely aligned with the views of the majority of Virginians who desire a safe, legal cannabis market.” In recent days, Governor Northam approved multiple medical cannabis measures permitting dispensaries to provide botanical formulations of cannabis, expanding telehealth access for patients, and protecting registered patients who use cannabis in their off-hours from discrimination in the workplace. For more information, contact Jenn Michelle Pedini, NORML Development Director.

Texas: Survey Finds That 61 Percent of Self-Identified Medical Cannabis Consumers Report Substituting It for Prescription Drugs

Over 60 percent of patients in Texas who self-identify as medical marijuana consumers report that they have used it to replace prescription medications, according to survey data compiled by Rice University’s Baker Institute for Public Policy. Nearly 2,900 people participated in the survey. Sixty-one percent said that they “replaced” prescription opioids and/or benzodiazepines with medical cannabis – a finding that is consistent with several other studies. Also consistent with other studies, the majority of respondents reported using cannabis primarily to mitigate pain. Among those respondents who were veterans, just over half reported using cannabis to address symptoms of post-traumatic stress. Overall, four-in-ten respondents said that the use of cannabis “has improved their quality of life.” A summary of the survey results is available from InformedTexas.org. More information is available from Texas NORML. The Executive Director of Texas NORML will be discussing the survey’s results on Monday, April 12, in a live webinar. Additional information is available from the NORML fact-sheet, “Relationship Between Marijuana and Opioids.”

Virginia: Governor Approves Employment Protection Bill

Democratic Governor Ralph Northam has signed House Bill 1862 into law, which provides employment protections for state-registered medical cannabis patients. The new law prohibits employers from discharging, disciplining, or otherwise discriminating against employees for their lawful use of medical cannabis while away from the job. The measure does not restrict an employer’s ability to impose sanctions upon employees if they are under the influence of cannabis while at work, nor does it limit an employers ability to restrict employees from possessing cannabis while at work. The new law takes effect July 1, 2021. NORML Development Director Jenn Michelle Pedini, who also serves as Executive Director for Virginia NORML, praised the legislation. “With Virginia’s first medical dispensaries now operational, this is an important initial step for lawmakers to take in defense of patients’ rights,” Pedini said. “But with the Commonwealth on the verge of becoming the first state in the South to legalize cannabis for adult-use, the legislature should work swiftly to eliminate suspicionless marijuana testing altogether in order to better align with both state law and with public opinion.” Because Virginia has a high number federal contractors, the legislation would not require an employer “to commit any act that would cause the employer to be in violation of federal law or that would result in the loss of a federal contract or federal funding.” Defense industrial base sector employers will not be required to hire or retain any applicant or employee who tests positive for THC in excess of 50 ng/ml for a urine test or 10 pg/mg for a hair test. In 2020, Richmond city council members passed a resolution excluding non-safety sensitive employees and job applicants from marijuana testing.  Separate legislation seeking to legalize the possession of marijuana by adults and license its retail sale awaits action by Governor Northam, who continues to offer his public support for the legislation, which is backed by 68 percent of Virginians. For more information, contact Jenn Michelle Pedini, NORML Development Director. Additional information is available from the NORML fact sheet, “Marijuana Legalization and Impact on the Workplace.”

Efforts This Week In New York and New Mexico Have Broad Implications

This post is unlike any I have made before. For once, I’m not asking you to contact your lawmakers to take federal action. I’m not even asking you to contact your own state lawmakers. This is about what you can do right now to advance marijuana policy reform efforts in New York and New Mexico, as lawmakers in both states are anticipated to move forward this week with adult-use legalization. In New Mexico, the Governor has commenced a special legislative committee to place legislation on her desk in the coming days. In New York, leaders are expected to rapidly move forthcoming legislation to allow adults to possess, buy, and home-cultivate marijuana. It doesn’t get any more important than this. In fact, the successful passage of legalization in New York alone would represent a massive shift at both the state and federal levels. Right now, six percent of US House members represent New York State, and seven percent of all Congressional House Committee and Subcommittee Chairs are from New York. Ending marijuana prohibition in the Empire State will turn a lot of those lawmakers into strong allies. So here is our ask to you: Send our action alerts to your friends, family, old schoolmates, casual acquaintances, that person you met once, or ANYONE else you know who lives in one of those two states and urge them to contact their lawmakers right now! New York: Click here for the direct link Tweet out out the NY alert New Mexico Click here for the direct link Tweet out out the NM alert If both of these states pass legislation this week, it could be the game-changer we need to move federal legislation repealing cannabis prohibition over the finish line. I’d bet a dollar that you know more than one person in New York or New Mexico. And I’m sure they would appreciate the fact that you want them to live in a state that promotes cannabis justice. NORML has made it quick and easy to ensure that your friends, family, and even just those casual acquaintances can take action. So, let’s help our friends in New York and New Mexico achieve legal cannabis in the coming days, and let’s help this nation move forward beyond prohibition.

Dozens of Congressional Leaders Admonish the Biden Administration Over Marijuana-Related Firings

This week, a letter led by Representatives Earl Blumenauer, Don Beyer, Jared Huffman, Mondaire Jones, Barabara Lee, and cosigned by 25 other members, called on the Biden Administration to “…act within its power to stop legitimizing unfair cannabis laws.” The letter was sent on the heels of  reporting in The Daily Beast, alleging that “dozens of young White House staffers have been suspended, asked to resign, or placed in a remote work program due to past marijuana use.”  The congressional letter concludes “You have previously expressed your commitment to decriminalizing cannabis in acknowledgment that a cannabis conviction or even the stigma of cannabis use can ruin lives and prevent people from voting, gaining employment, and contributing to society. You can meet this moment and help end our failed punitive policy of cannabis prohibition.” At the time of the allegations going public, NORML Executive Director Erik Altieri said: “This sort of ‘Flat Earth’ mentality refuses to recognize the reality that millions of Americans currently engage in the use of cannabis in a manner that is compliant with the laws of their states, and that these people are at no greater risk for occupational accidents or injuries. They should not be singled out and discriminated against solely for this activity, and it is highly inappropriate for the Biden Administration to take these punitive actions.” Additionally this week, Representative David Joyce sent his own stand-alone letter to President Biden, asking “…that your administration discontinue punishment of staff for being honest about their prior cannabis use and reinstate otherwise qualified individuals to their posts.” You can see dozens of peer-reviewed articles and reports on our factsheet entitled: Marijuana Legalization and Impact on the Workplace. Read the full letter from 30 members of Congress led by Rep. Blumenauer below: Read the full letter from Rep. Joyce here:

Senators Reintroduce SAFE Banking Act To Normalize Cannabis Commerce

Senators Jeff Merkley (D-OR) and Steve Daines (R-MT), along with 27 other members of the Upper Chamber, reintroduced The Secure and Fair Enforcement (SAFE) Banking Act in the U.S. Senate. Federal law currently defines all marijuana-related endeavors as criminal enterprises, including those commercial activities that are licensed and legally regulated under state laws. Therefore, almost no state-licensed cannabis businesses can legally obtain a bank account, process credit cards, or take standard business deductions on their federal taxes.  In this environment, the rapidly growing multi-billion dollar cannabis industry must operate largely on a cash-only basis, which makes businesses more susceptible to theft and more difficult to audit. This ongoing federal prohibition also places the safety and welfare of these businesses’ customers at risk, as they must carry significant amounts of cash on their persons in order to make legal purchases at retail facilities.  For these reasons, NORML has long advocated that federal lawmakers vote “yes” on The SAFE Banking Act. You can send a message to your lawmakers in support of the SAFE Banking Act quickly here. Sens. Kyrsten Sinema (D-AZ), Ed Markey (D-MA), Alex Padilla (D-CA), Patrick Leahy (D-VT), Dick Durbin (D-IL), Ron Wyden (D-OR), Mazie Hirono (D-HI), Tina Smith (D-MN), Angus King (I-ME), Catherine Cortez Masto (D-NV), Michael Bennet (D-CO), Bob Menendez (D-NJ), Jon Tester (D-MT), Jacky Rosen (D-NV), Kevin Cramer (R-ND), Dan Sullivan (R-AK), Kirsten Gillibrand (D-NY), Elizabeth Warren (D-MA), Chris Murphy (D-CT), Gary Peters (D-MI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Patty Murray (D-WA), Amy Klobuchar (D-MN), Rand Paul (R-KY), Bill Cassidy (R-LA) and Cynthia Lummis (R-WY). Members of the House reintroduced the bill last week. Last Congress, members of the House of Representatives voted 321 to 103 in favor of the bill on September 25, 2019. On two additional occasions, House members re-approved the bill’s provisions as part of broader economic stimulus packages. However, under the control of then-Majority Leader Mitch McConnell, members of the Senate failed to take up the language. Here are what the bill’s sponsors had to say: “No one working in a store or behind a register should have to worry about experiencing a traumatic robbery at any moment,” said Senator Merkley. “That means we can’t keep forcing legal cannabis businesses to operate entirely in cash—a nonsensical rule that is an open invitation to robbery and money laundering. Let’s make 2021 the year that we get this bill signed into law so we can ensure that all legal cannabis businesses have access to the financial services they need to help keep their employees safe.” “Montana businesses shouldn’t have to operate in all cash—they should have a safe way to conduct business,” Senator Daines said. “My bipartisan bill will provide needed certainty for legal Montana cannabis businesses and give them the ability to freely use banks, credit unions and other financial institutions without the fear of punishment. This in turn will help increase public safety, reduce crime, support Montana small businesses, create jobs and boost local economies. A win-win for all.”

Virginia: Governor Northam Approves Botanical Medical Cannabis Bills

Democratic Governor Ralph Northam signed legislation, House Bill 2218 and Senate Bill 1333, amending the state’s medical cannabis access law to allow for the production and dispensing of botanical cannabis products. The measure takes effect July 1, 2021 and products are anticipated to be available as early as September. Under the state’s existing medical marijuana law, licensed cultivators were required to process cannabis into non-herbal formulations, such as oils and tinctures. The new measure expands the pool of legal products to include those composed either of “cannabis oil or botanical cannabis.” NORML’s Jenn Michelle Pedini, who also serves as the Executive Director for Virginia NORML, praised the legislation. “Botanical cannabis remains the most popular formulation among consumers and among older consumers in particular. Limiting patients’ options to extracted oral formulations is not in their best interests. Botanical cannabis contains more than 100 distinct cannabinoids, many of which act synergistically with one another, producing an effect many scientists believe is necessary in order for patients to achieve maximum therapeutic benefit.” Medical cannabis dispensaries began operating in Virginia in the fall of 2020.  If the pending legislation is approved, dispensaries are anticipated to have botanical cannabis available for registered patients as early as September 2021. An operational improvements bill, House Bill 1988, was also signed by Governor Northam, to ensure patients in hospice and other residential facilities are able to access medical cannabis, and makes permanent improved telehealth allowances adopted during the public health crisis. Separate legislation seeking to legalize the possession of marijuana by adults and license its retail sale awaits action by Governor Northam, who continues to offer his public support for the legislation, which is backed by 68 percent of Virginians. For more information, visit Virginia NORML.

Congress and USPS Inadvertently Restrict Consumer Access To Vaporizer Cartridges, Batteries, Etc

At the end 2021, while passing the annual omnibus federal spending package, a seemingly well-intentioned piece of legislation was attached that could have dire consequences for the cannabis consumer marketplace. Members of Congress included language, the Preventing Online Sales of E-Cigarettes to Children Act of 2020, to modify the Prevent All Cigarette Trafficking Act of 2009 (PACT Act), to prohibit the United States Postal Service (USPS) from shipping any Electronic Nicotine Delivery Systems (“ENDS”). As broadly interpreted, this new restriction would also include a ban on shipping any vaporization technology or product.  I asked our NORML chapter leaders how they think this broad interpretation of the law may impact them and this is what they said: Overall, this change will negatively impact those adults and patients who prefer non-combustible inhalation access to supplies and devices needed to do so.This change could prolong the longevity of the illicit market by forcing the distribution of these products and devices to the underground, unregulated market.Further, this means that cannabis consumers who prefer to vape cannabis are more likely to be using unsafe, unregulated vaping products, which have the potential to be adulterated or contaminated, but potentially endangering their healthIt will harm or inhibit the small businesses that currently service consumers vaporization products’ ability to receive low-cost shipping, thus forcing them to pass the costs to consumers or even potentially hurting their likelihood to remain open. Any store closures would then further disadvantage consumers abilities to access vaporization products to consume their cannabis So how do we fix this?  Right now, the USPS is accepting public comment until March 20th, and the fix is relatively simple. The USPS simply needs to clarify that these new changes do not include non-nicotine vaporization devices.  We have made it simple for you to send a message to the USPS and to encourage them to not treat cannabis vaping devices like cigarettes.  Click here to send a message before / on March 20th to the USPS public comment line

Opioid Prescriptions Decline in Canada Following Enactment of Adult-Use Marijuana Legalization

The enactment of marijuana legalization in Canada preceded a “marked decline” in the volume of opioids prescribed to patients enrolled in both public and...

South Dakota: Republican Governor Officially Backing Litigation to Reject Voter-Approved Marijuana Legalization Initiative

Republican Gov. Kristi Noem is using the power of her office to facilitate litigation that seeks to set aside voters’ approval of Constitutional Amendment...

California: No Uptick in Frequency of Marijuana Use by Young Adults Following Adult-Use Legalization

The enactment of adult-use marijuana legalization in California is not associated with any increase in the frequency of marijuana use by young adults, according...

Study: Marijuana Use Not Associated with Increased Risk of Cardiovascular Disease

A history of marijuana use is not associated with an elevated risk of cardiovascular disease, according to data published in the journal Cureus. A team...

Garlic Punch #5 Toking Tuesday

https://www.youtube.com/watch?v=RPqAahPZkWQ

States to Watch in 2021: Kentucky

In advance of the 2021 legislative sessions, NORML will be providing a more detailed break down of legislative efforts in various states across the...

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