Laws Archives | High Times https://hightimes.com/news/laws/ The Magazine Of High Society Fri, 13 Jan 2023 16:15:54 +0000 en-US hourly 1 https://wordpress.org/?v=6.1.1 https://i0.wp.com/hightimes.com/wp-content/uploads/2017/11/cropped-FAVICON-1-1.png?fit=32%2C32&ssl=1 Laws Archives | High Times https://hightimes.com/news/laws/ 32 32 174047951 Minnesota Adult-Use Legalization Bill Clears First Hurdle https://hightimes.com/news/minnesota-adult-use-legalization-bill-clears-first-hurdle/?utm_source=rss&utm_medium=rss&utm_campaign=minnesota-adult-use-legalization-bill-clears-first-hurdle https://hightimes.com/news/minnesota-adult-use-legalization-bill-clears-first-hurdle/#comments Fri, 13 Jan 2023 13:00:00 +0000 https://hightimes.com/?p=294331 The sponsor of the Minnesota measure says there’s still a long road ahead.

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Democratic lawmakers in Minnesota have begun their push for marijuana legalization, with a bill clearing the first of many legislative hurdles this week. 

The bill “cleared the first of what may be up to a dozen committee hurdles when the House Commerce Finance and Policy Committee approved” the measure “by a voice vote Wednesday and sent it to the House Judiciary Finance and Civil Law Committee,” the Minnesota House of Representatives Public Information Services department reported.

The bill would legalize cannabis for adults 21 and older, and would establish the regulatory framework for legal marijuana sales that would begin within months of the measure’s passage. 

It was introduced by Democrats in the Minnesota House of Representatives last week.

“Cannabis should not be illegal in Minnesota,” Democratic state House Rep. Zack Stephenson, one of the bill’s authors, said at a press conference announcing the legislation at the state capitol last week. “Minnesotans deserve the freedom and respect to make responsible decisions about cannabis themselves. Our current laws are doing more harm than good. State and local governments are spending millions enforcing laws that aren’t helping anyone.”

Stephenson and his fellow Democrats in St. Paul have long been eager to bring cannabis legalization to the Land of 10,000 Lakes, but they have until now been stymied by Republican lawmakers.

But that changed after November’s elections, when Minnesota Democrats regained control of the state Senate and retained their majority in the state House of Representatives. 

The state’s Democratic governor, Tim Walz, also won re-election this past fall, and has been a vocal advocate for marijuana legalization in Minnesota.

“It’s time to legalize adult-use cannabis and expunge cannabis convictions in Minnesota. I’m ready to sign it into law,” Walz said in a tweet after Democrats introduced the legalization bill earlier this month.

At the committee meeting on Wednesday, Stephenson expressed confidence that the bill, buttressed by public support, would ultimately make it to Walz’s desk.

The news service recapped amendments that were considered at the committee meeting on Wednesday:

“The subject of local control — or lack thereof — was the subject of an amendment unsuccessfully offered by Rep. Kurt Daudt (R-Crown). It would have given cities or towns options to enact local ordinances regulating cannabis business licenses that could differ from those proposed statewide. Two other Republican amendments were adopted. One offered by Rep. Anne Neu Brindley (R-North Branch) would add a health warning for pregnant or breastfeeding women on cannabis products. And an amendment from Rep. Jeff Dotseth (R-Kettle River) would require the Office of Cannabis Management to study the health effects of secondhand cannabis smoke. Stephenson said the Dotseth amendment was a good idea, but noted his bill already would prohibit smoking cannabis in places where smoking is not allowed under the Clean Indoor Air Act.”

Polls have shown that Minnesota voters are ready to enter a post-prohibition era. 

The moves by state Democrats were foreshadowed by one of Minnesota’s best-known politicians, former Gov. Jesse Ventura, who said after the November elections that Walz had called him directly to say that legalization would get done.

“The sticking point for cannabis in Minnesota were Republicans in the (Senate),” Ventura said at the time. “Well, they lost it now, and the governor reassured me that one of the first items that will be passed — Minnesota, get ready — cannabis is going to have its prohibition lifted. That’s the news I got today.”

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Tennessee Lawmakers Unveil Cannabis Legalization Bill https://hightimes.com/news/tennessee-lawmakers-unveil-cannabis-legalization-bill/?utm_source=rss&utm_medium=rss&utm_campaign=tennessee-lawmakers-unveil-cannabis-legalization-bill https://hightimes.com/news/tennessee-lawmakers-unveil-cannabis-legalization-bill/#comments Thu, 12 Jan 2023 13:00:00 +0000 https://hightimes.com/?p=294295 Two Democratic lawmakers in Tennessee have introduced legislation to legalize medical and adult-use cannabis in the state.

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A pair of Democratic state lawmakers in Tennessee this week introduced a bill to legalize both medical marijuana and adult-use cannabis in the state. The bill, known as the “Free All Cannabis for Tennesseans Act” (HB0085), was introduced in the House by Representative Bob Freeman—supported by fellow Democrat Senator Heidi Campbell—on Tuesday.

“This bill will support medical and recreational cannabis use because many other states already have recreational use,” Campbell said in a statement quoted by local media.

Bill Legalizes Possession Of Up To 60 Grams Of Weed

If passed, the bill would legalize the possession, use, and transportation of up to 60 grams of marijuana or up to 15 grams of cannabis concentrates for adults aged 21 and older. The measure also legalizes the home cultivation of up to 12 cannabis plants by adults in a secure location at home. Under the bill, parents and legal guardians would also be permitted to administer medical cannabis products to their minor children with a doctor’s authorization.

“It’s a full legalization of cannabis across the state,” Freeman noted in a statement last month.

The bill also legalizes commercial cannabis activity and tasks the Tennessee Department of Agriculture with drafting regulations to govern the cultivation, processing, and sale of cannabis and cannabis products in the state. The measure notes that more than three dozen states have legalized marijuana in some form and that Tennessee should follow suit “in order to remain competitive nationally and globally in the burgeoning cannabis industry.” The lawmakers also note that legal cannabis is readily available in five states that border Tennessee.

“If people can drive across the border to Indiana to get cannabis, then it doesn’t make any sense that we in Tennessee would be missing out on that economic advantage,” Campbell said.

Tennessee Still Prohibits All Marijuana

Tennessee is one of the few states that have yet to pass legislation to legalize marijuana, even for medicinal use. Freeman said that legalizing recreational marijuana would put an end to the disproportionate enforcement of laws that prohibit the possession and use of cannabis.

“If you live in a wealthy part of the state and a wealthy community in our city, and you get picked up using some cannabis for personal consumption, the odds of you getting a slap on the wrist and nothing happening is pretty high,” he said last month. If you live in a poorer neighborhood and you get picked up with cannabis, you’re going to jail.”

Three states bordering Tennessee—Arkansas, Mississippi, and Alabama—have legalized medical marijuana, while neighboring Missouri and Virginia have legalized both medical marijuana and adult-use cannabis. Proponents of legalization argue that Tennessee is missing out on tax revenue from the money residents spend on cannabis in neighboring states.

“Let’s not delude ourselves that people aren’t crossing the border and getting cannabis from other states. Of course they are,” Campbell said. “So, that’s just income we’re missing out on.”

Tennessee Democrats Support Legalization

Freeman and Campbell’s proposal is supported by fellow Democratic lawmakers in the Tennessee legislature. House Democratic Caucus Chairman John Ray Clemmons praised the bill last month after they announced their plan to introduce the legislation.

“The legalization of cannabis in Tennessee is long overdue. For too long, much of the TN GOP has stood in the way,” Clemmons wrote in a tweet. “Let’s do this in 2023!”

Previous attempts to legalize marijuana in Tennessee have met stiff opposition from Republican lawmakers, who enjoy a solid majority in both the state Senate and the House of Representatives. Republican state Senator Richard Briggs said that he opposes both medical marijuana and adult-use cannabis, noting the federal law has already made CBD legal nationwide.

“I’m not in favor at all of recreational marijuana and I have a lot of concerns about medical marijuana until we know more about it,” Briggs said. “I don’t think that it should be generally available. And at least at this point until something changes.”

Despite Republican opposition, Freeman rates the chance that the Tennessee legislature will legalize marijuana this year as “a solid 7, 7.5,” on a scale of one to 10. But Campbell expressed far less optimism.

“Pretty low—I won’t give you a number,” she said, “but I have no delusions we’re going to pass it this session.”

But Campbell added that introducing the legislation is still important to keep the conversation about cannabis policy reform moving forward.

“We ran it last session, and I think it’s important to run it so that we keep the issue alive, we keep the messaging going,” she said. “Obviously, at some point, that’s going to happen, so we’re just going to keep knocking on that door until somebody opens it.”

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Minnesota Dems Introduce Legalization Bill https://hightimes.com/news/minnesota-dems-introduce-legalization-bill/?utm_source=rss&utm_medium=rss&utm_campaign=minnesota-dems-introduce-legalization-bill https://hightimes.com/news/minnesota-dems-introduce-legalization-bill/#respond Mon, 09 Jan 2023 13:00:00 +0000 https://hightimes.com/?p=294214 Minnesota lawmakers are confident that it will pass this year.

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Democratic lawmakers in Minnesota wasted no time in their efforts to legalize recreational marijuana in the state this year, as they introduced a bill on Thursday that would do just that. 

The legislation, spanning 243 pages, “would set up a regulatory framework and permit cannabis use for any reason for people 21 and older,” according to Minnesota Public Radio, which noted that legal “marijuana sales and use would begin within months of passage of [the bill].”

“Cannabis should not be illegal in Minnesota,” Democratic state House Rep. Zack Stephenson, one of the bill’s authors, said at a press conference on Thursday at the state capitol in St. Paul, as quoted by Minnesota Public Radio. “Minnesotans deserve the freedom and respect to make responsible decisions about cannabis themselves. Our current laws are doing more harm than good. State and local governments are spending millions enforcing laws that aren’t helping anyone.”

Local news station WCCO reports that the proposal would “legalize the purchase, sale and use of recreational cannabis for Minnesotans 21 or older,” and would also “expunge low-level cannabis convictions, which Democrats say is an equity issue because Black residents are disproportionately arrested for possession, according to data from the ACLU.”

“We designed this bill to address the wrongs of prohibition, to bring people out of the illicit market and into a regulated market, which means that we tried to not have a really high tax on cannabis so that it can compete,” said Democratic state House Rep. Aisha Gomez, as quoted by Minnesota Public Radio.

Democrats there are bullish that this will be the year Minnesota joins the dozens of other states to end the prohibition on pot. 

“I believe 2023 will be the year we legalize adult-use cannabis,” Stephenson said at the press conference on Thursday, as quoted by WCCO.

Stephenson is right to be confident about the bill’s prospects. Democrats won back control of the state Senate in November’s elections and retained their majority in the state House. The state’s Democratic governor, Tim Walz, also secured re-election last year, and has long championed cannabis legalization. 

“It’s time to legalize adult-use cannabis and expunge cannabis convictions in Minnesota. I’m ready to sign it into law,” Walz said in a tweet on Thursday

The move by state Democrats on Thursday was telegraphed by one of Walz’s predecessors. 

Following the November elections, former Minnesota Gov. Jesse Ventura said that Walz pledged to him personally that Democrats would get legalization over the line in 2023. 

“The sticking point for cannabis in Minnesota were Republicans in the (Senate),” Ventura said, at the time. “Well, they lost it now, and the governor reassured me that one of the first items that will be passed — Minnesota, get ready — cannabis is going to have its prohibition lifted. That’s the news I got today.”

There is reason to believe that voters in the Land of 10,000 Lakes are ready for legalization, too.

A poll released in September found that 53% of voters in Minnesota support legalizing recreational pot use, while only 36% of voters there said they were opposed.

Minnesotans don’t have to wait for the bill’s passage to get a fix though. A law that took effect last summer authorized the sale of food and beverages containing a small amount of THC.

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Maryland Voter-Approved Legalization Measure Takes Shape in New Year https://hightimes.com/news/maryland-voter-approved-legalization-measure-takes-shape-in-new-year/?utm_source=rss&utm_medium=rss&utm_campaign=maryland-voter-approved-legalization-measure-takes-shape-in-new-year https://hightimes.com/news/maryland-voter-approved-legalization-measure-takes-shape-in-new-year/#respond Thu, 05 Jan 2023 13:00:00 +0000 https://hightimes.com/?p=294158 A huge majority of Maryland voters passed the proposal in November.

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Maryland might still be years away from the launch of its new legal marijuana market, but the start of the new year has still marked the beginning of the post-prohibition era mid-Atlantic state.

A large majority of Maryland voters approved a ballot initiative in November that will both legalize recreational pot use for adults in the state and also establish a regulated retail cannabis market. 

Per local news station WJLA, although “recreational marijuana won’t be fully legal until July 1, as of now possession of up to 1.5 ounces is no longer a crime”; instead, according to the station, “It’s a civil violation carrying a $100 fine.”

“For amounts up to 2.5 ounces the fine is $250,” the station reported.

But the new law will yield immediate changes on the criminal justice front. 

According to WJLA, Marylanders with a cannabis-related conviction on their criminal record on will have it automatically be expunged by July 1, 2024, but they do not have to wait that long.

“You can go to the Maryland Courts website and apply for an expungement without any help from an attorney. They even have instructional videos,” the station said.

WJLA continued: “There is also very good news for those currently locked up for cannabis-related crimes. As long as that is the only crime for which they’re serving a sentence, they can immediately ask for resentencing and a judge must resentence to time served and they must be released.”

Sixty-seven percent of Maryland voters approved Question 4 in November, making the state the latest to end the prohibition on cannabis use. 

The “Yes on 4” campaign was bankrolled by Trulieve, a major cannabis company with a significant presence in Maryland’s existing medical cannabis market. 

The campaign also deployed former Baltimore Ravens player Eugene Monroe as its chairman. 

“Tonight voters in Maryland made history by bringing the era of failed marijuana prohibition to an end,” Monroe said in a statement following its passage in November, as quoted by the Associated Press. “For decades, the unequally enforced criminalization of cannabis in Maryland inflicted damage upon Black and Brown communities. We must turn the page on that disturbing history by centering Maryland’s legal marijuana market around racial equity. Cannabis legalization will create good-paying jobs, open up doors for small business owners, and generate new tax revenue for our state. Legislators in Maryland have a responsibility to ensure people in historically underserved communities are able to enjoy those benefits.”

The success of Question 4 was foreshadowed by a series of encouraging polls for the campaign.

One that was released in early October by the University of Maryland and The Washington Post found more than 70% of voters in favor of cannabis legalization.

“The thing that stood out to me is the high level of support and the diversity of support. Whether you look across party, region, almost every characteristic, you see majorities supporting this,” said Michael Hanmer, the director of the University of Maryland’s Center for Democracy and Civic Engagement, as quoted by The Washington Post. “That’s been the trend across the country. People have really shifted their views across time on this issue, all pointing in the direction of being more supportive.”

The “Yes on 4” campaign has been optimistic about the new law’s potential economic benefits for the state, projecting that legalization could “provide the state with over $135 million in tax revenue.” 

“That figure does not include city and county revenue or the savings from the millions of dollars Maryland spends each year enforcing marijuana possession laws. Passing Maryland Question 4 would empower local law enforcement to focus its limited resources on combating violent crimes. Of the ten counties in the United States with the highest rates of marijuana possession arrests, Maryland is home to three of them,” the campaign said on its website.

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U.S. Virgin Islands Lawmakers Pass Cannabis Legalization Bill https://hightimes.com/news/u-s-virgin-islands-lawmakers-pass-cannabis-legalization-bill/?utm_source=rss&utm_medium=rss&utm_campaign=u-s-virgin-islands-lawmakers-pass-cannabis-legalization-bill https://hightimes.com/news/u-s-virgin-islands-lawmakers-pass-cannabis-legalization-bill/#respond Wed, 04 Jan 2023 13:00:00 +0000 https://hightimes.com/?p=294140 Senators in the U.S. Virgin Islands voted to legalize cannabis for adults last week, making the Caribbean territory the 21st jurisdiction in the United States to end the prohibition on recreational marijuana.

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Lawmakers in the U.S. Virgin Islands last week passed legislation to legalize recreational marijuana, bringing the number of states and territories in the country that have legalized the use of cannabis by adults to 21. The legislation was passed in the U.S. Virgin Islands Senate on December 30 by a veto-proof majority vote of 11-1. Governor Albert Bryan, who has expressed strong support for cannabis policy reform, is expected to sign the legislation, according to media reports.

The legislation was approved in conjunction with another bill that expunges past convictions for marijuana-related offenses, which was passed by senators on Friday with a unanimous vote.

Senator Janelle K. Sarauw, the sponsor of the recreational marijuana legalization bill, said that the legislation was a collaborative effort by advocates who overcame opposition to comprehensive cannabis policy reform.

“Although there have been many politically driven false narratives about this cannabis legislation, I am proud of the work done by the Senators of the 34th Legislature, community stakeholders and advocates, all of who contributed to the structuring of the final bill voted upon in today’s Session,” Sarauw said in a press release posted to Facebook. “The body did its due diligence in protecting the masses and the best interest of our residents by ensuring that locals and minorities are not locked out of industry and have any opportunity to participate in its economic potential.”

Senators Worked Through Holiday To Finalize Bill

Senators reportedly worked over the Christmas holiday to work out some concerns with the proposed bill, eventually making some changes to the measure’s language in an amended version of the legislation. 

“It became contentious, we almost went to war over cannabis,” Sarauw said jokingly in a statement quoted by The Virgin Islands Consortium, adding that “every single amendment, every single suggestion that members made is included in the amendment in the nature of a substitute.”

Possession of up to one ounce of cannabis was decriminalized in the U.S. Virgin Islands by legislation passed in 2014 and in 2019 a bill to allow the medical use of marijuana was passed by the territorial legislature. Under the bill passed last week, residents and visitors to the Caribbean island territory will be allowed to purchase adult-use cannabis and medical marijuana at licensed dispensaries.

“There are so many provisions in this bill across various disciplines, that once implemented and enforced with fidelity, the Territory will see an industry that is inclusive and diverse, but most importantly, safe,” Sarauw said in the press release. “It is my hope that the current administration implements both Medicinal and Adult Use to their full potential, for the benefit of the people of this Territory.”

Regulations Still To Come in Virgin Islands

Although the bill was passed by a veto-proof majority and has the support of the territory’s governor, Sarauw noted that the legislature has yet to pass regulations to govern marijuana cultivation and sales, steps that are necessary before a regulated cannabis industry can begin operating in a legalized economy.

“Cannabis will be on the governor’s desk in no time and we have done absolutely nothing to move cannabis forward,” she said. “We bawl, I get attacked in debates about cannabis and it will be on the governor’s desk – rules and regs haven’t been promulgated, no seal-to-seal tracking system, nothing has moved with this industry.”

The bill was passed early Friday morning during the last legislative session that Senator Donna A. Frett-Gregory served as Senate President of the 34th Legislature. She indicated her support for the measure, noting that the governor and 11 of the territory’s 15 senators had traveled to Denver to learn about issues related to cannabis legalization.

“It would be irresponsible of myself to not move this legislation up or down, whichever decision we make this evening, in the 34th Legislature because we spent the government money,” Frett-Gregory said.

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Court in France Tosses Out Ban on Hemp Flower https://hightimes.com/news/court-in-france-tosses-out-ban-on-hemp-flower/?utm_source=rss&utm_medium=rss&utm_campaign=court-in-france-tosses-out-ban-on-hemp-flower https://hightimes.com/news/court-in-france-tosses-out-ban-on-hemp-flower/#comments Mon, 02 Jan 2023 13:00:00 +0000 https://hightimes.com/?p=294092 The Council of State overturned the government’s earlier ban on hemp flower in France.

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Not only is CBD legal in France, but hemp flower as well, if the latest court ruling in the country stands.

French outlet RFI reports that On 30 December 2021, the French government legalized the sale of hemp-derived products containing CBD with 0.3 percent THC or less, after the country’s ban on CBD fell apart a year earlier. However—potentially to the dismay of D8 and hemp flower lovers—the government also banned the sale of hemp flower, citing its supposed psychotropic effects.

But a high court in France overturned that ban, ruling that CBD has not been proven to be harmful and that there are legitimate uses for flower that go beyond smoking. 

On December 29, France’s Council of State, the body that advises the government on legislation and acts as a type of Supreme Court, ruled that a general and absolute ban on the marketing of the substance in its raw state was “disproportionate.” They also didn’t find solid evidence of harm from CBD. If anything, there’s evidence of the contrary.

“The harmfulness of other molecules present in cannabis flowers and leaves, in particular CBD, has not been established,” the council said. The council added that evidence suggests CBD has “relaxing properties and anticonvulsant effects, but does not have a psychotropic effect and does not cause dependence.”

In other words, the court ruled that hemp flower should not automatically be categorized as psychotropic—rather it’s far from it. Additionally, it can be consumed as a homemade tea or infused oil and not just smoked. Homemade tinctures or vaporized flower are other considerations.

Concerns Over Distinguishing Cannabis

Despite allowing flower with the latest court ruling, concerns were raised regarding exactly how the government plans on separating hemp from THC-rich cannabis, which are nearly indistinguishable to the naked eye. The Council of State considered that the THC level “could be controlled by means of rapid tests.”

The European Court of Justice ruled in November 2020 that the ban on CBD in France, which was legal in several other European countries, was illegal based on the principle of free movement of goods.

Then the highest court in the French judiciary, The Court of Cassation, ruled last June that any CBD legally produced in the European Union could legally be sold in France.

RFI reports that France is now home to around 2,000 CBD shops, according to the professional hemp association (SPC). In addition, the industry’s annual turnover is estimated at around €500 million, or $534.1 million USD. More than half of those sales are from flower alone. 

Experts in the country say that the court’s latest ruling gives the green light for an “economically sustainable” hemp industry that can withstand the test of time.

Hemp Today reports that French hemp could bring €1.5 ($1.6B USD) to €2.5 billion ($2.6B USD) in annual turnover and result in 18,000-20,000 jobs, according to a French Senate group.

The French gray market for CBD was about €200 million ($214M USD) in 2021, and is expected to reach roughly €300 million ($321M USD) this year, UIVEC, a French extracts trade group, estimated. UIVEC also estimated that about 300-500 hectares of hemp were grown for CBD-producing flower in 2022.

The rules are expected to roll out in early 2023 as the legislation moves forward, and the government is expected to declare hemp compatible with the EU’s Common Agriculture Policy, develop a strategy for the industry, and set specific regulations.

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Florida Issues Medical Cannabis Rules, Opening Doors for New Businesses https://hightimes.com/news/florida-issues-medical-cannabis-rules-opening-doors-for-new-businesses/?utm_source=rss&utm_medium=rss&utm_campaign=florida-issues-medical-cannabis-rules-opening-doors-for-new-businesses https://hightimes.com/news/florida-issues-medical-cannabis-rules-opening-doors-for-new-businesses/#comments Thu, 22 Dec 2022 15:00:00 +0000 https://hightimes.com/?p=293769 Florida regulators released rules on Monday.

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State regulators in Florida this week unveiled new rules for its medical marijuana program, a move that could result in a significant increase of the number of licensed businesses there. 

Local news station FOX13 in Tampa reports that the state Department of Health on Monday “set in motion a process to issue up to 22 more medical-marijuana licenses, in a highly anticipated move that could double the size of Florida’s medical-cannabis industry,” while also announcing “an emergency rule that would make it far more expensive for marijuana operators to renew their licenses every two years, increasing the cost from roughly $60,000 to more than $1 million.”

The state agency issued an additional emergency rule that will change the financial commitment of would-be dispensary applicants. According to Florida Politics, “new entities wanting to operate in Florida’s lucrative medical marijuana market will be required to submit a $146,000 non-refundable fee to the state and submit an application that will be competitively reviewed by the state under a new emergency rule issued Monday.”

The outlet reports that the “initial application fee is more than double what licensees initially paid, but reflects the amount the state charged so-called Pigford applicants,” and that although “Gov. Ron DeSantis has been loath to increase operating costs for Florida businesses, he has complained in the past that he didn’t think the state charged enough for lucrative medical marijuana licenses.”

Florida Politics offers more background on what the change means for prospective applicants:

“It’s not only application costs that will increase. The state appears to also be increasing the costs for businesses to stay licensed. Medical marijuana treatment centers currently are required to pay $60,063. In determining the fee, the state will calculate how much money it spent regulating the industry over the previous two fiscal years and subtract from that the amount it collected in application fees. The sum will be divided by the number of medical marijuana treatment centers licensed. 

“It’s not clear how much the state has spent regulating the industry over the last several years, but the Department of Health included a $6.2 million increase for the Office of Medical Marijuana Use (OMMU) in its most recent budget request to state legislators. About half of that will be spent on hiring an additional 31 staff at its Tallahassee headquarters. It also wants to staff new regional offices. The other half will be spent on outside contractors that administer the seed-to-sale tracking systems; produce medical marijuana identification cards; conduct background screenings; review licenses; and provide outside legal work.”

More than 70% of Sunshine State voters approved an amendment in 2016 that legalized medical cannabis treatment for patients with qualifying conditions. In the six years since, state officials and lawmakers have continued to tweak and amend the new law.

Earlier this year, the Florida Department of Health “released a highly anticipated rule setting THC dosage amounts and supply limits on products doctors can order for medical marijuana patients,” public radio station WUSF reported in August.

“The emergency rule sets a 70-day total supply limit of 24,500 mg of THC for nonsmokable marijuana and establishes dosage caps for different routes of administration such as edibles, inhalation and tinctures,” WUSF reported at the time. “The rule, which was sent to patients and doctors on Friday and went into effect Monday, also carries out a state law that imposed a 2.5-ounce limit on smokable marijuana purchases over a 35-day period. While the rule lays out limits for THC in nonsmokable products, the limit for whole flower and other products that can be smoked are based on weight. They are not based on levels of THC, the euphoria-inducing component in marijuana. And the emergency rule creates a process for doctors to seek an override for patients they believe need to exceed the limits. The rule does not identify a way for patients or doctors to appeal if the requests are denied.”

DeSantis, who won re-election last month, has faced pushback and pressure from advocates who want the state to remove the dosage limits. 

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U.K. Police Chiefs Call for Decriminalization of First-Time Drug Offenses https://hightimes.com/news/u-k-police-chiefs-call-for-decriminalization-of-first-time-drug-offenses/?utm_source=rss&utm_medium=rss&utm_campaign=u-k-police-chiefs-call-for-decriminalization-of-first-time-drug-offenses https://hightimes.com/news/u-k-police-chiefs-call-for-decriminalization-of-first-time-drug-offenses/#comments Thu, 22 Dec 2022 15:00:00 +0000 https://hightimes.com/?p=293779 U.K. police chiefs have proposed eliminating criminal penalties for first-time drug offenders who agree to complete a drug education or treatment program.

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A group of police chiefs in the United Kingdom is developing a plan to effectively decriminalize the possession of drugs including cannabis and cocaine. If adopted by the government, the use and possession of small amounts of recreational drugs would be treated as a public health issue for first-time offenders, rather than a criminal offense subject to prosecution and jail time or other punishment.

The proposals, which were developed by the National Police Chiefs’ Council (NPCC) and the College of Policing, would effectively decriminalize the possession of Class A drugs including cocaine and Class B substances such as marijuana. Under the plan, individuals caught with illegal drugs would be offered an opportunity to attend drug education or treatment programs, rather than being subjected to prosecution. 

Police would take no further action against those who agree to complete the program, giving them a chance to avoid a criminal record. Those who fail to complete the drug program or who are subsequently caught with illicit drugs would still be subject to criminal prosecution.

Jason Harwin, the former NPCC lead on drugs and a former deputy chief constable, is working with the College of Policing on the new partial decriminalization strategy.

“We should not criminalize someone for possession of drugs,” he said in a statement quoted by The Telegraph. “It should be diversion to other services to give them a chance to change their behaviors.”

Fourteen of the U.K.’s 43 police forces have already adopted policies similar to the drug decriminalization proposal from the nation’s police chiefs. But the plan is at odds with the country’s Conservative Party government, which has floated proposals to stiffen the penalties on recreational drugs including cannabis.

In October, U.K. Home Secretary Suella Braverman revealed that she was considering tightening the classification of cannabis under the nation’s drug laws over concerns that marijuana is a gateway drug and can lead to serious health problems. Braverman’s review followed calls from law enforcement leaders to reclassify cannabis as a Class A drug, the same category assigned to substances including heroin, cocaine, and ecstasy.

Braverman is against the decriminalization of cannabis, saying that efforts to reform cannabis policy send a “cultural” symbol that marijuana use is acceptable, according to a report from The Times. The home secretary is also concerned about evidence that cannabis use can lead to serious physical health problems including cancer and birth defects and mental health conditions including psychosis.

The more strict Class A drug designation for cannabis would make penalties for marijuana offenses more severe, including prison terms of up to seven years for possession and penalties of up to life in prison for marijuana producers and suppliers. An unidentified source close to Braverman told The Times that the home secretary believes the more severe penalties are justified because they would serve as a deterrent to cannabis use and trafficking.

“We’ve got to scare people,” she reportedly said.

In July, then-Home Secretary Priti Patel announced proposed new sanctions on users of cannabis and other drugs that include the confiscation of driver’s licenses and passports under a new three-strikes policy for illicit drug use. 

“Drugs are a scourge across society. They devastate lives and tear communities apart,” Patel said in a statement from the government. “Drug misuse puts lives at risk, fuels criminality and serious and violent crime and also results in the grotesque exploitation of young, vulnerable people.”

Under the proposal, which was detailed in a white paper drafted by the Home Office, those caught with illegal recreational drugs would face fines and mandatory drug education. They could also be banned from nightclubs and other entertainment venues.

“Drugs ruin lives and devastate communities which is why the Government is committed to tackling both the supply and demand for drugs, as set out in the 10-year Drug Strategy,” a Home Office spokesperson said in a statement to the press. “Our White Paper on new, tougher penalties for drug possession set out proposals for tackling demand and we have welcomed views on this. We will be publishing our response in due course.”

But drug policy reform advocates and health professionals are resisting the government’s proposed tougher approach to drug use. On Sunday, more than 500 public and health and drug organizations issued an open letter to the U.K. government expressing “serious concerns” about the plan, which they said would likely criminalize young and vulnerable people while diverting scarce police resources from more serious problems.

Professor David Strain, the chairman of the British Medical Association’s board of science, said the Government’s plans appeared “to be doubling down on a failed model by promoting ever harsher sanctions that perpetuate the stigma and shame already acting as a barrier to individuals seeking help, and ultimately discouraging drug users from seeking the healthcare services they need.”

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Kansas Lawmakers Plan To Introduce Medical Cannabis Legalization Bill https://hightimes.com/news/kansas-lawmakers-plan-to-introduce-medical-cannabis-legalization-bill/?utm_source=rss&utm_medium=rss&utm_campaign=kansas-lawmakers-plan-to-introduce-medical-cannabis-legalization-bill https://hightimes.com/news/kansas-lawmakers-plan-to-introduce-medical-cannabis-legalization-bill/#respond Wed, 14 Dec 2022 15:00:00 +0000 https://hightimes.com/?p=293621 Kansas state lawmakers plan to introduce a bill to legalize medical marijuana when the legislature reconvenes next month.

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State lawmakers in Kansas met to discuss legalizing medical marijuana last week, with plans to introduce a bill when the legislature reconvenes next year. The attempt to legalize cannabis for medicinal purposes follows an unsuccessful attempt last year, when a bill was passed by the Kansas House of Representatives but failed to gain the approval of the state Senate.

Last week, at a meeting of the 2022 Special Committee on Medical Marijuana, the chair of the panel, Republican Senator Rob Olson, said that he plans to introduce a bill to legalize medical marijuana at the beginning of the January legislative session.

“I think what I’m going to do is — and any member is more than welcome — is to take this information and create the bill,” Olson said at the committee meeting on December 9. “And I’m going to work on a bill with a couple members and then if anybody wants to sign on in the Senate, they’ll be more than able to sign onto that bill, and introduce it at the beginning of session.”

Olson also encouraged his fellow state lawmakers to introduce similar legislation for legislators to debate when they return to the state capital next year. The Kansas state legislature is currently adjourned and will reconvene on January 9, 2023.

“I think that’s probably the best way forward,” Olson said.

Community Members Voice Views On Medical Pot

Members of the community attended the committee meeting, including a group of people opposed to medical marijuana legalization who expressed their views by wearing stickers reading “Kansas says ‘No.’” Individuals were also given the opportunity to speak either for or against legalizing medical marijuana, including Wichita State University senior Laura Cunningham. The student, who attended the committee meeting as part of a school assignment, told the members of the special legislative panel that she supports legalizing the medicinal use of cannabis.

“I feel like a lot of people who do smoke marijuana are very productive members of society, and actually function better because of it. I think a lot of people have found this balance that is appropriate for them as an individual, and that’s what really matters,” Cunningham said. “I don’t think that legalizing marijuana is going to necessarily cause this huge influx of people not having the motivation to participate in society.” 

During the meeting, the committee members were given summaries of topics relevant to medical marijuana legalization, including product labeling and packaging, medicinal cannabis possession limits, taxation and permitting access to medical cannabis for incarcerated individuals. Mike Heim, a staff member in the Office of Revisor of Statutes, gave an overview of the information as part of a presentation to the legislative committee.

“You’ve had eight state agencies visit with you, you’ve had nine or 10 research memos by the legislative research department, you’ve had over 60 conferees that have testified in two days before this committee and you have reviewed a couple of bills that were alive last session and so on,” Heim said. “In other words, you’ve been inundated with information.”

Kansas Medical Marijuana Bills Failed Last Year

Last year, the Kansas House of Representatives passed legislation to legalize medical marijuana, Senate Bill 158, but the measure was killed in a Senate committee only weeks later. Another bill to legalize the medicinal use of cannabis, Senate Bill 560, also failed to gain a Senate committee’s approval to advance to a floor vote. Democratic Senator Cindy Holscher said that she hopes a medical marijuana legalization bill will pass the Senate this time, although she reminded her colleagues of the failure of Senate leadership to support the legislation.

“The whole issue is last year, we had a very strong bill that passed the House, and Senate President Ty Masterson wouldn’t allow it to move forward,” Holscher said. “So I know there are different parties who have been reaching out to him to remind him of how important an issue this is to a lot of different people. So time will tell.”

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Recreational Weed Now Legal in Missouri https://hightimes.com/news/recreational-weed-now-legal-in-missouri/?utm_source=rss&utm_medium=rss&utm_campaign=recreational-weed-now-legal-in-missouri https://hightimes.com/news/recreational-weed-now-legal-in-missouri/#comments Mon, 12 Dec 2022 15:00:00 +0000 https://hightimes.com/?p=293559 Possession of recreational marijuana is now legal in Missouri following last month’s passage of a constitutional amendment to end the prohibition on cannabis in the state.

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Cannabis is now legal for adults in Missouri, although legal sales of recreational marijuana are still months away. Missouri voters legalized adult-use cannabis with the approval of Amendment 3 in the November midterm elections, joining 20 other states that have also ended the prohibition on recreational weed.

Amendment 3, which received 53% of the vote in last month’s election, amends the Missouri Constitution to legalize recreational marijuana for adults and strengthens the state’s existing medical marijuana program. The successful ballot measure officially went into effect on Thursday, making possession of up to three ounces of cannabis by adults aged 21 and older legal under state law.

In 2014, state lawmakers passed legislation to decriminalize the possession of small amounts of cannabis, and in 2018, Missouri voters approved an amendment ballot measure to legalize medical marijuana in the state. 

Missouri Rec Sales Coming Next Year

Under Amendment 3, the state’s existing medical marijuana dispensaries will be the first businesses licensed to make recreational cannabis sales, which are expected to begin early next year. John Payne, campaign manager for Legal Missouri 2022, the group behind Amendment 3, said that sales of cannabis are only permitted “within the regulated system,” but he noted that simple possession of marijuana is legal as of Thursday.

“The decriminalization aspects do not hinge on licensed sales existing,” Payne said.

The Missouri Department of Health and Senior Services is currently in the process of drafting regulations to govern the adult-use cannabis industry and will begin accepting applications for comprehensive retailers – those selling both medical marijuana and adult-use cannabis – on Saturday. The DHSS is required to begin awarding comprehensive licenses to current medical marijuana dispensaries by February 6, making that the earliest date regulated sales of adult-use cannabis can begin in Missouri. 

In a statement, DHSS Spokesperson Lisa Cox reminded Missourians that legal sales of recreational marijuana will take some time to launch.

“It’s just our commitment that we regulate this program as best we can to keep people safe and healthy. That’s our goal,” Cox said in a statement, adding that consumers should familiarize themselves with Amendment 3 and its potential impact on individuals and communities.

Amendment 3 contains provisions to expunge some past cannabis-related convictions. Under the measure, those with previous convictions for nonviolent marijuana-related charges will have their records reviewed by the courts, with qualified convictions slated to be expunged by June 8, 2023.

Although Amendment 3 legalizes cannabis for all adults 21 and older, the University of Missouri System announced on Wednesday that marijuana would still be prohibited on all four of its campuses.

“Possession and use of marijuana remains subject to many limitations under both constitutional amendment and federal law,” the university system wrote in a statement. “Following a review of the federal Drug-Free Schools and Community Act and Drug-Free Workplace Act, the University of Missouri System will continue to prohibit the possession, use and distribution of marijuana on any university property, university-leased property and as part of university-sponsored or university-supervised activities.”

Amendment Enhances Medical Cannabis Program

Amendment 3 also includes provisions to enhance Missouri’s existing medical marijuana program. Patients will see an increase in the monthly amount of cannabis they can legally purchase at licensed dispensaries from four ounces to six ounces. Additionally, medical marijuana patient identification cards will now be valid for a period of three years rather than being subject to annual renewal requirements.

“Patient applications processed as of this date (Dec. 8) and forward will be valid for three years,” Cox said. “Current ID holders will retain their existing expiration dates, which will not change due to Amendment 3 passing.”

Dan Viets, a co-author of Amendment 3 and coordinator for the Missouri chapter of the National Organization for the Reform of Marijuana Laws (NORML), noted the significance of cannabis becoming legal in a statement from the cannabis advocacy group.

“December 8th is a historic date for Missourians,” said Viets. “Most of the 20,000 annual marijuana arrests in our state will end on that date. Instead, adults will be able to legally possess up to three ounces of cannabis, and soon will also have the option to grow up to 18 plants or purchase cannabis products tested for purity and potency from licensed retailers.”

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