Prohibition, Tax and Regulate

Alaska Publishes Proposed Rules for Cannabis Cafés

August 28th, 2017 3 Comments Chris Lindsey

The Alaska Marijuana Control Board published proposed rules for cannabis cafés. Please take a look and consider submitting written comments in support.

It’s important for the board to hear that the public wants adults to be allowed to consume cannabis at regulated establishments.

Comments are due by October 27 at 4:30 p.m., and they may be submitted by email to [email protected], or by regular mail. For more information on making submissions, please see the state’s public notice, available online here. While comments are not due until late October, we strongly encourage you to submit them early so that board members have time to review and consider submissions.

Under the current proposal, the state would allow cannabis flowers to be purchased and consumed on-site by vaporization or smoking, one gram at a time. Concentrates would not be available. Cannabis edibles and food that does not contain cannabis could also be available. A newly proposed addition to the rules would ensure cannabis café workers are not exposed to marijuana smoke while on duty.

The status quo is unworkable for the state’s tourists, and adult residents should not be relegated to private homes when alcohol consumers can choose from a variety of bars and restaurants. It is also important to ensure renters — whose leases may prohibit cannabis consumption — are not shut out of the freedoms Alaskan homeowners enjoy.

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Prohibition

UPDATE: Virginia Marijuana Decriminalization Forum Rescheduled

August 21st, 2017 No Comments Marijuana Policy Project

The Virginia State Crime Commission has rescheduled its meeting to present its findings on marijuana decriminalization. It’s important that advocates attend this meeting and show that Virginians support sensible marijuana policies.

What: Virginia State Crime Commission public meeting to present its findings on marijuana decriminalization

When: Monday, October 30, at 1 p.m.

Where: House Committee Room, Ground Floor, Room W011, Pocahontas Building, 900 East Maine Street, Richmond, VA

Don’t forget that the Commission is still accepting written comment on marijuana decriminalization. The specific issues it’s examining are available here. Make sure to submit your comments by Friday, August 23, at 5 p.m. You can email them to [email protected] or mail them to:

1111 East Broad Street, Ste. B036
Richmond, VA 23219

Be sure to check out our decriminalization webpage for assistance crafting your comments. Here are some of the best key points to hit:

  • Punishing marijuana possession with a fine will save the state money, help eliminate enforcement disparities, and allow police to pursue actual violent criminals.
  • Marijuana is safer than alcohol, and marijuana consumers shouldn’t be criminalized for choosing a safer substance.
  • Nearly eight in 10 Virginians support replacing marijuana criminal convictions with a fine (decriminalization), and 62% favor ending marijuana prohibition altogether.

Please spread the word to other Virginians who support humane marijuana policies.

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Prohibition

National Conference of State Legislatures Passes Resolution Urging De-Scheduling of Marijuana

August 7th, 2017 2 Comments Marijuana Policy Project

The National Conference of State Legislatures (NCSL) approved a resolution Monday urging that the Controlled Substances Act should be amended to remove marijuana from scheduling in order to give federally approved banks the ability to work with marijuana businesses. This would also allow states to determine their own marijuana policies without the threat of federal interference. For a resolution to pass, it must be supported by a majority of participating legislators in each of 75% of the states represented at the conference’s general business meeting.

Due to the Schedule I status of marijuana under federal law, federally insured banks risk penalties if they offer financial services to marijuana-related businesses. For that reason, many of these businesses are forced to operate on a cash-only basis, making them a target for criminals. While limited guidance has been issued, which intended to encourage financial institutions to serve marijuana businesses, access to banking remains a problem.

The full resolution can be found here.

MPP’s Karen O’Keefe said the following statement in a press release:

“State legislators and the vast majority of voters agree that marijuana policy should be left to the states,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project, which tracks marijuana policy in all 50 states and lobbies in state legislatures throughout the country.

“Legitimate, taxpaying marijuana businesses should not have to face the difficulties of operating on a cash-only basis. Allowing banks to offer them financial services will be good for the industry and benefit public safety,” O’Keefe continues. “Even more so, states should not have to worry about the federal government interfering with their marijuana policy choices.”

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Prohibition

Burning Man and Marijuana Laws

August 7th, 2017 No Comments Kate Bell

Heading to Burning Man? Here’s what you need to know about Black Rock City’s and Nevada’s marijuana laws.

If you are heading to Burning Man this year, you may be thinking about bringing cannabis to the playa, now that Nevada finally legalized marijuana. Not so fast! Before you head out, there are some important things you need to know:

  • Burning man is held on FEDERAL land, and the Bureau of Land Management will enforce federal law, which unfortunately considers all marijuana possession a criminal offense — even if you have a medial card! BLM may also ticket you for violations of various rules in the “closure order,” though these, thankfully, are civil rather than criminal.
  • “Gifting” marijuana to others is drug trafficking under federal law, even though no money is being exchanged. And if you are caught selling marijuana, or are found in possession of more than 1 oz., you will likely be prosecuted under Nevada law by the local Pershing County Sheriffs, who also patrol Burning Man.
  • Especially important: GATE ROAD is also federal property, and in the past, a lot of the law enforcement activity has occurred while people are driving into the event. Keep in mind that you have fewer rights while driving than you do in your home (or in this case, your tent or RV), and can be stopped for a broken taillight or any other minor infraction by law enforcement, who may ask you for consent to search your vehicle (you have the right to refuse). Any marijuana consumption while on the Gate Road could result in a ticket or charges for DUI or marijuana possession.
  • Before or after Burning Man, when you are not on federal land: Adults ages 21 and older may legally purchase marijuana from retail establishments in Nevada! MPP supported the initiative that made Nevada the fifth of eight states to end prohibition.
  • Public consumption could result in a misdemeanor charge, with a fine of up to $600. And because the casinos’ regulators directed them to follow federal law, you cannot consume in hotel-casinos. MPP and our allies hope to establish safe, legal consumption spaces for tourists, but that won’t happen before Burning Man 2017. But you can consume in private homes, which may include private homes for rent.
  • You should also know that Nevada has very strict laws on driving under the influence of marijuana. There is a “per se” threshold of 2 ng/mL of THC in your blood, meaning that you can be convicted based on a positive test result whether you were impaired or not. If you are a regular marijuana consumer, please note that you can have this amount in your system even if you haven’t consumed in a couple of days.
  • If you do have an encounter with law enforcement, it’s always a good idea to know your rights. In addition, Burning Man would like to know about your experience, and if you get into trouble, you can reach out to the volunteer group Lawyers for Burners for help after you return home.

This legal information is provided as a courtesy and does not create an attorney-client relationship. For legal advice, which is an interpretation of the applicable law to your specific circumstances, we encourage you to consult an attorney. MPP is offering this information as a public service and is in no way affiliated with the Burning Man Project.

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Prohibition

DOJ Task Force Recommends No Change in Federal Marijuana Policy

August 4th, 2017 1 Comment Marijuana Policy Project

A Dept. of Justice task force subcommittee on marijuana policy is not recommending any policy changes that would target state-legal marijuana programs or businesses operating in compliance with state laws, according to a report by the Associated Press. The task force asked for continued study and dialogue on the issue. The recommendations are meant to inform ongoing policy decisions and are non-binding.

Since August 2013, Dept. of Justice policy has been not to enforce federal marijuana laws against individuals or businesses in states that are complying with state medical or adult-use marijuana laws, provided that one of eight federal priorities is not implicated.

You can find out more about federal policy here.

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Prohibition, Research

Virginia Crime Commission Taking Public Comments on Marijuana Policy

August 3rd, 2017 No Comments Maggie Ellinger-Locke

Earlier this year, the Virginia General Assembly empowered the state’s Crime Commission to consider whether Virginia should decriminalize marijuana possession. Now, the commission wants to hear from residents.

Between now and Friday, August 25 at 5 p.m., Virginia residents can send written comments to [email protected] or mail them to:

1111 East Broad Street, Ste. B036
Richmond, VA 23219

Then, on October 5 at 10:00 a.m., the Crime Commission will hold a meeting open to the public where you will have the opportunity to make your voice heard in person. The meeting will take place in Richmond, but the exact location will not be announced until the fall.

Nearly eight in 10 Virginians support replacing marijuana criminal convictions with a fine (decriminalization), and 62% favor ending cannabis prohibition altogether.

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Prohibition, Tax and Regulate

‘Cards Against Humanity’ Helping End Prohibition in Illinois

August 3rd, 2017 2 Comments Marijuana Policy Project

MPP is teaming up with Cards Against Humanity, the makers of the popular party card game of the same name, to end marijuana prohibition in Illinois.

In a press release today, the Chicago-based company announced that it would generously donate the proceeds of a new 30-card expansion pack based on marijuana to help promote our legislative efforts in the upcoming session.

Earlier this year, Illinois Sen. Heather Steans and Rep. Kelly Cassidy introduced bills that would make marijuana legal for adults and regulate it similarly to alcohol. We expect similar bills to be introduced next year. If you are an Illinois resident and want to get involved, please contact Coalition for a Safer Illinois.

You can pick up the ‘Weed Pack’ here and enhance your Cards Against Humanity experience while you help us regulate marijuana for adults in the Land of Lincoln!

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Prohibition

Sen. Cory Booker Introduces Comprehensive De-Scheduling Bill

August 1st, 2017 20 Comments Marijuana Policy Project

On Tuesday, U.S. Senator Cory Booker (D-NJ), who has been a leader in federal marijuana policy reform efforts, introduced one of the most comprehensive bills to date to end federal prohibition and work to alleviate some of the harms caused by bad state marijuana laws and racially disparate enforcement.

Politico reports:

The bill would remove the federal prohibition on marijuana and withhold federal money for building jails and prisons, along with other funds, from states whose cannabis laws are shown to disproportionately incarcerate minorities.

Under the legislation, federal convictions for marijuana use and possession would be expunged and prisoners serving time for a marijuana offense would be entitled to a sentencing hearing.

Those “aggrieved” by a disproportionate arrest or imprisonment rate would be able to sue, according to the bill. And a Community Reinvestment Fund would be established to “reinvest in communities most affected by the war on drugs” for everything from re-entry programs to public libraries.

Please take a moment to call Sen. Booker’s office at (202) 224-3224 and thank him for helping undo the damage done by the government’s war on marijuana.

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Medical Marijuana, Prohibition

Senate Appropriations Committee Votes to Renew Protections for Medical Marijuana

July 27th, 2017 12 Comments Marijuana Policy Project

On Thursday, the Senate Appropriations Committee on Commerce, Justice, Science, and Related Agencies (CJS) approved an amendment in a voice vote that would continue to protect state medical marijuana programs from federal interference.

The amendment, introduced by Sen. Patrick Leahy (D-Vermont), would add a clause to the CJS budget for Fiscal Year 2018 that prevents the Dept. of Justice from using resources to prosecute medical marijuana patients and providers that are in compliance with state law. A similar amendment was introduced in the House of Representatives by Rep. Dana Rohrabacher (R-CA) and Rep. Earl Blumenauer (D-OR).

In 2014, Congress added a similar amendment to an omnibus spending bill that prevented the Dept. of Justice from spending any resources to target state-legal medical marijuana businesses. This amendment was subsequently renewed, but now stands to expire.

If the CJS budget is approved in the Senate, the amendment will go to a special conference committee to reach a compromise with the House. If no budget is approved by September 30, the previous amendment will be automatically renewed for another year.

MPP’s Don Murphy made the following statement:

“More than half the states have taken a stand and said they want their seriously ill residents to have safe and reliable access to medical marijuana, and today the Senate Appropriations Committee listened. What was expected to be a very successful vote passed on an overwhelming voice vote, while opposition to the Leahy amendment was literally a whimper. That sound we heard in the Senate was the sound of a waving white flag as the federal war on medical marijuana patients and providers winds down.”

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Prohibition

Another Pennsylvania City Decriminalizes Possession

July 21st, 2017 2 Comments Becky Dansky

Early this week in Pennsylvania, the York City Council voted to make the possession of small amounts of marijuana a summary offense with a maximum fine of $100 and no jail time. Previously, it was a criminal misdemeanor that carried up to 30 days in jail, a $500 fine, or both.

Imprisoning individuals for possessing small amounts of a substance that is safer than alcohol wastes valuable resources and can lead to a lifetime of harsh consequences, including denial of student financial aid, housing, employment, and professional licenses.

York joins Pennsylvania’s three largest cities — Philadelphia, Pittsburgh, and Harrisburg — and twenty-two states and the District of Columbia, which have stopped jailing individuals for possession of small amounts of marijuana. Across the state, towns and cities are considering similar commonsense policies. The time has come for statewide decriminalization.

To get involved locally, contact the Keystone Cannabis Coalition. You can find some background materials on decriminalization here.

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