In a Marijuana.com exclusive, Tom Angell reports that the Department of Justice intentionally misled Congress to discourage passage of a budget restriction that would prevent them from spending funds to interfere with state implementation of medical marijuana programs.
Justice Department officials misinformed members of Congress about the effects of a medical marijuana amendment being considered by the U.S. House of Representatives, according to an internal memo obtained by Marijuana.com.
The amendment, which lawmakers approved in May 2014 by a vote of 219-189 despite the Obama administration’s objections, is aimed at preventing the Department of Justice from spending money to interfere with the implementation of state medical cannabis laws.
But in the days leading up to the vote, department officials distributed “informal talking points” warning House members that the measure could “in effect, limit or possibly eliminate the Department’s ability to enforce federal law in recreational marijuana cases as well,” according to the document. [Emphasis added.]
The newly obtained memo, drafted by Patty Merkamp Stemler, chief of the Criminal Division’s Appellate Section, admits that the talking points were “intended to discourage passage of the rider” but do not “reflect our current thinking.”
Basically, the DOJ told Congress that a piece of legislation they did not like would have more impact than intended. Now that it has been enacted, despite their efforts, they are saying that it does less than intended!
Please take the time to read the full report.
We need laws based on facts. Congress should be able to count on law enforcement to give them accurate information, not propaganda to support their policy preferences.
If you would like to tell the DOJ what you think about these tactics, you can contact the DOJ Office of Legislative Affairs at (202) 514-2141 or via email.
Congress, DEA, Department of Justice, DOJ, Marijuana.com, Office of Legislative Affairs, Patty Merkamp Stemler, Tom Angell
On Friday, New York’s Department of Health awarded five organizations licenses allowing them to produce and dispense medical marijuana. Each of the five businesses will be allowed to operate up to four dispensaries within the state and must be doing business within six months.
The companies awarded licenses are Bloomfield Industries Inc., Columbia Care NY, Empire State Health Solutions, Etain, and PharmaCann. They plan to operate dispensaries that will serve only parts of the eastern portion of the state, with the exception of Monroe County, where Columbia Care NY plans to operate a dispensary. The Department of Health selected these five companies out of 43 applicants.
The Compassionate Care Act was signed last summer by Gov. Andrew Cuomo after he insisted on revisions that made the program among the most restrictive. Patients may neither smoke marijuana nor cultivate it at home, and several important conditions have been left out of the law. In addition, the number of registered organizations is extremely limited and will force some patients to travel long distances to get their medicine. Patients are in need of medical marijuana and continue to wait for access, but by January, eligible New Yorkers should finally have some legal in-state options for treatment.
Andrew Cuomo, Bloomfield Industries Inc., Columbia Care NY, Compassionate Care Act, Department of Health, dispensaries, Empire State Health Solutions, Etain, Monroe County, New York, PharmaCann
A study just released by the American Psychological Association shows no direct link between teen marijuana use, even chronic use, and health problems later in life. The study looked at more than 400 individuals as they matured and found no evidence that marijuana use caused or contributed to any mental or physical health issues over time, including cancer and psychosis.
The Daily Caller reports:
Chronic marijuana use as an adolescent has no link to mental or physical health problems later in life, according to a new study conducted over the past 20 years.
Published by the American Physiological Association, researchers from the University of Pittsburgh Medical Center and Rutgers University divided participants into four groups from their teenage years onward.
One group almost never smoked marijuana, one used it mostly in their teenage years, another started using in adulthood and the final group of subjects started using marijuana early and continued into their adult years.
...
The study found that “chronic marijuana users were not more likely than late increasing users, adolescence-limited users, or low/nonusers to experience several physical or mental health problems in their mid-30s.”
In fact, there were no significant differences between marijuana trajectory groups in terms of adult health outcomes, even when models were run without controlling for potential confounds. The researchers found no link between teen marijuana use and lifetime depression, anxiety, allergies, headaches or high blood pressure.
“Everyone wants to prevent teen marijuana use, but we don’t need to exaggerate its harms and arrest responsible adults in order to do it,” Mason Tvert, communications director at the Marijuana Policy Project, told The Daily Caller News Foundation.
“Hopefully, this study will lead to a reevaluation of the tactics that are being used to discourage teens from trying marijuana,” he added.
adolescent, American Psychological Association, cancer, Daily Caller, Mason Tvert, mental health, teen use
On Friday, Silver State Relief became the first medical dispensary to open in Nevada.
In the year 2000, voters overwhelmingly supported an initiative that made Nevada one of the earliest states to adopt a medical marijuana law. It took another 12 years for the legislature to create a law allowing regulated businesses to provide safe access to medical cannabis. A little over two years from the date the bill was signed into law, that system is finally rolling out.
Nevada’s medical marijuana program now serves over 9,300 patients across the state, and the opening of Nevada’s first regulated business represents an important milestone in the state’s system. For many patients, it has been a long two years. The agency created and then adopted rules, businesses applied to operate in a lengthy approval process, and legal battles followed in some parts of the state. Recently, the state continued rolling out the program by adopting testing standards to ensure medical marijuana is safe for consumption.
We congratulate Silver State Relief, thank Sen. Tick Segerblom for his effort to pass the regulatory bill in 2012 and for his support for businesses and patients since then, and we applaud the hard work and long hours so many in government and business dedicated to making Nevada’s regulatory system a reality.
The Alaska Marijuana Control Board has issued its second round of proposed rules, and Alaskans are invited to comment by 4:30 p.m., Saturday, August 8. Please take a look at the proposal, available here, which provides extensive rules for licensed businesses. While most of the proposed rules offer reasonable regulations, several would clearly violate important protections established under Measure 2.
For instance, Measure 2 allows local governments to craft ordinances that local marijuana businesses must comply with. The current version of the rules goes further, allowing local governments to “protest” individual businesses' applications — which could block them from proceeding. Local governments could also establish unique conditions for particular applicants. Neither provision is consistent with Measure 2.
The board also unfairly tries to expand its own authority to deny licenses and imposes several other restrictions that simply don’t exist under Measure 2. For a more in-depth analysis of the proposed rules, take a look at our draft letter to the board here. We encourage you to submit your own letter, and please feel free to use ours as a guide. Or,simply click here and send comments to board members immediately.
[caption id="attachment_9038" align="alignright" width="250"] Gov. Kate Brown[/caption]
Oregon Gov. Kate Brown signed a bill Monday that would enable adult residents of the state to legally purchase marijuana starting in October. The private use, possession, and cultivation of marijuana became legal this past July, but the state has not begun accepting applications for retail permits. In order to effectively limit the operational scope of illicit market actors before a regulated system is established, representatives from both parties agreed to allow customers to purchase marijuana, tax free, from medical marijuana facilities.
"The bill ... passed with significant bipartisan support in both chambers after a great deal of work by an implementation working group," said Brown's spokeswoman Kristen Grainger.
The law is explicitly temporary and will only allow non-patients to purchase marijuana until December 31, 2016. Applications for retail dispensaries are likely to be accepted starting in January 2016. Oregonians can expect the first adult retail shops to open next autumn.
In recent months, New Jersey Governor Chris Christie has repeatedly said that he does not agree with marijuana legalization and would most likely end the current policy which allows states to determine their own marijuana laws provided they meet certain criteria, earning him a grade of "F" on MPP's Presidential Report Card.
On Tuesday, Gov. Christie reaffirmed this position, saying that state laws making marijuana legal are numbered if he is elected president. The Huffington Post reports:
“If you’re getting high in Colorado today, enjoy it,” Christie said Tuesday during a Newport, New Hampshire, town-hall meeting, Bloomberg reports. “As of January 2017, I will enforce the federal laws.”
Christie, one of 16 Republicans campaigning for the 2016 GOP presidential nomination, has made no secret of his long-held opposition to cannabis. As governor of New Jersey, he has opposed even his own state's limited medical marijuana program and has called similar laws in 22 other states a "front" for full recreational legalization. He has described taxes generated from the sale of marijuana as "blood money." And earlier this year in no uncertain terms, he said that, as president, he would "crack down and not permit" recreational cannabis in states that have legalized it.
Even Christie's fellow Republicans don't seem to favor such a hard-line stance. According to a recent Pew survey, while most GOP voters do not support legalization, they do support states' rights when it comes to marijuana -- with 54 percent saying that the federal government should not interfere with states that have already legalized cannabis. Among millennial Republicans, support for legalizing marijuana is significant -- with 63 percent in favor.
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"Gov. Christie is either totally clueless or utterly careless," Mason Tvert, communications director for the Marijuana Policy Project, told The Huffington Post. "If Gov. Christie is trying to distinguish himself from the other Republican candidates, he’s doing a good job. He clearly has the least respect for states’ rights and the most desire to maintain our federal government’s failed program of marijuana prohibition."
Interestingly, Gov. Christie's dedication to enforcing federal law does not extend to sports gambling in his state, which is currently illegal under a 1992 federal ban.
Check out this encounter MPP's Matt Simon had with Gov. Christie in New Hampshire this morning:
Chris Christie, Fox & Friends, Huffington Post, Mason Tvert, Matt Simon, New Hampshire, New Jersey, Newport, Pew, Republicans
A WMUR Granite State Poll found that 60% of New Hampshire adults support making marijuana legal. It also reported 72% support for decriminalizing simple marijuana possession.
In early June, the Senate blocked a widely supported bill that would have removed criminal penalties for possession of small amounts of marijuana. HB 618, which the House approved 297-67 in March, would have made possession of up to one-half ounce of marijuana a civil violation punishable by a fine of $100 for a first offense, $200 for a second offense, and $500 for a third or subsequent offense. Under current state law, possession of any amount of marijuana is a misdemeanor punishable by up to one year in prison and a fine of up to $2,000.
New Hampshire is the only state in New England that treats simple marijuana possession as a criminal offense with the potential for jail time.
decriminalization, Granite State Poll, New Hampshire, Senate, WMUR
The Senate Appropriations Committee approved a measure Thursday that is intended to ensure marijuana businesses have access to banking services.
[caption id="attachment_9016" align="alignright" width="200"] Sen. Jeff Merkley[/caption]
The amendment, offered by Sen. Jeff Merkley (D-OR) to the Financial Services and General Government Appropriations bill, would prohibit the Treasury Department and its enforcement arm, the Financial Crimes Enforcement Network or FinCEN, from using federal funds to punish banks that provide financial services to marijuana businesses that are operating legally under state laws.
Many banks are currently unwilling to provide depository and other basic banking services to marijuana businesses because the substance is still illegal under federal law. Federal, state, and local law enforcement and other government officials say marijuana businesses need to have access to banking because operating entirely in cash raises significant public safety concerns.
From a statement released by MPP Director of Federal Policies Dan Riffle:
"Current federal laws are putting a bullseye on businesses that are operating legally under state laws, as well as their employees and customers. It’s almost as if some federal officials want to see marijuana businesses get robbed.
“Forcing these businesses to deal exclusively in cash makes it more challenging for states to collect taxes, monitor transactions, and enforce some regulations. Allowing these businesses to access basic banking services is a critical step toward letting states regulate marijuana as effectively and responsibly as possible.”
The House is unlikely to consider its own Financial Services bill, so it is unclear whether the amendment will be included in any final compromise legislation that is sent to the president.
Earlier this month, Sen. Merkley introduced the Marijuana Business Access to Banking Act, which would amend federal banking laws to prevent banks from being punished for providing services to state-legal marijuana businesses.
Financial Crimes Enforcement Network, Financial Services and General Government Appropriations, Financial Services Bill, FinCEN, Sen. Merkley, Senate Appropriations Committee, Treasury Department
[caption id="attachment_9013" align="alignright" width="150"] Clayton Holton[/caption]
On this date two years ago, Gov. Maggie Hassan signed HB 573, making New Hampshire the last state in New England to approve a medical marijuana law. Unfortunately, so far this law has failed to benefit patients in any way. Some patients, including well-known patient-advocate Clayton Holton, have passed away while waiting for the law to take effect. Others, such as Ron Mitchell, have had no choice but to leave their families behind and move to another state in search of relief.
To raise awareness about the program’s many shortcomings, MPP has published Confusion, Delays, and Continued Arrests: A Two-Year Retrospective on New Hampshire’s “Therapeutic Use of Cannabis” Law.
This report includes the most recent updates, analyzes why the law is not yet effective for patients, and makes recommendations for improving the law and policy moving forward.
Please read the two-year retrospective today, and then share it with your elected officials and with your friends and family.
Clayton Holton, HB 573, Maggie Hassan, New England, New Hampshire, Ron Mitchell