Medical Marijuana Legalization Stalls in Michigan, South Dakota

Ann Arbor imposes moratorium on new marijuana dispensaries

ANN ARBOR, Mich. (AP) — Ann Arbor is temporarily halting new medical cannabis dispensaries after more than 30 recently applied for permits to operate in the city.

The Ann Arbor News reported that the City Council voted unanimously Monday, April 16, 2018, to impose a 60-day moratorium on issuing new permits as it considers limiting the number of dispensaries allowed in the city. Dispensaries that have already received zoning approval or that have applications currently under consideration will be exempt.

Ann Arbor officials say the high interest in setting up dispensaries warrants taking time to review the city’s regulations. Council members cited concern over the effect medical cannabis facilities could have on the community over time.

The Jackson Citizen Patriot reported that petitioners in Leoni Township, 31 miles west of Ann Arbor, were also calling for a moratorium on medical cannabis application approvals until the effects and environmental impact are thoroughly examined.

Effort to bring medical marijuana to public vote fails

SIOUX FALLS, S.D. (AP) — Supporters of allowing medical cannabis in South Dakota have failed to bring the matter to a public vote.

A petition to put medical cannabis legalization on the November general election ballot was rejected because it didn’t have enough valid signatures.

South Dakota Secretary of State Shantel Krebs said a random sampling determined that the petition with about 15,000 names had only about 9,500 valid signatures — far short of the 13,871 required. The rejection can be challenged in court.

Police Tweet Warning To Weed Smokers In Preparation for 4/20

With 4/20 right around the corner, the cannabis community has already begun to prepare itself. Surprisingly enough, the unofficial holiday dedicated to tokers around the world has a major impact on several facets society. Cannabis stocks are up, dispensary sales are on the rise and, on a less positive note, cannabis-centric law enforcement is in full effect. In fact, authorities are already starting to warn prospective participants of the holiday. One Kansas town appears to be taking said preemptive measures, as local police tweet warning to weed smokers in preparation for 4/20.

Early Warnings

The Lawrence police department remains proactive in their efforts to prevent stoned driving ahead of the stoner-centric holiday. They took to Twitter to warn the cannabis community of their vigilance, and its safe to say they did not mince words.

“Hey potheads planning to toke up on 4/20, stay off the roads,” the tweet said. “Stock up on Cheetos and Mt. Dew BEFORE you spark. Saturation patrols to find drugged drivers to occur.”

Attached to the tweet, was a release from the police department regarding their plans to ramp up patrol, as the number of high-drivers is expected to heavily increase on Friday.

According to the release, Kansas, Iowa, Nebraska, Arkansas, Missouri and Oklahoma will collectively be on the lookout for impaired drivers throughout the 4/20 weekend. Particularly, on various highways throughout the aforementioned states.

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Lawrence Police✔@LawrenceKS_PD

Hey potheads planning to toke up on 4/20, stay off the road. Stock up on Cheetos and Mt. Dew BEFORE you spark. Saturation patrols to find drugged drivers to occur-

6:43 AM - Apr 17, 2018

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“Law enforcement across the six-state area will be extra-vigilant when patrolling around city, state and federal highways. Injury and deaths continue to increase from both alcohol and drug-impaired drivers.” Lawrence police said in the release. “Regardless whether a drug is legal or illegal it’s a serious crime to drive while impaired by any drug.”

Final Hit: Police Tweet Warning To Weed Smokers In Preparation for 4/20

While it is certainly important to regulate driving under the influence of marijuana, it’s no coincidence that this stern warning is coming from a police department in a state which still employees some of the most stringent-marijuana laws in the country.

Kansas still remains behind the eight-ball in terms of marijuana legalization, and medicinal cannabis has yet to be legalized. In fact, one Republican lawmaker from Kansas recently found himself in hot water after justifying marijuana prohibition with abhorrent racial remarks.

“One of the reasons why [they outlawed cannabis], I hate to say it,” Representative Steve Alford said back in January, “was that the African Americans, they were basically users and they basically responded the worst off to those drugs just because of their character makeup, their genetics and that.”

While this notion certainly doesn’t represent the entire state’s view on cannabis, it certainly doesn’t do it justice. Hopefully, Kansas changes its tune on legalizing the plant sooner, rather than later.

Weekly Legislative Schedule: Marijuana Bills in CO, CA, and NJ, Get Hearings

Colorado lawmakers schedule a hearing on consumption club licenses for Tuesday; two California bills will also go before a committee this week, the first proposes banning certain types of butane sales, the second seeks to unbind hemp’s restrictive definition. And in New Jersey, another bill considers removing their 2-ounce limit for medical marijuana.

It’s Springtime in North America – and the fluctuation of political might is on full display. As Trump hunkers down for another Stormy week and Ted Nugent lashes out at the Parkland teens for speaking truth to power, this week’s legislative efforts to reform America’s marijuana laws seems … perfectly logical by comparison.

Colorado

A bill to create public consumption licenses for marijuana shops in Colorado will receive a hearing on Monday before the Senate Business, Labor, and Technology Committee. First assigned to the committee on March 19, Senate Bill 211will be heard at noon in committee room 271.

Co-sponsored by State Sen. Vicki Marble (R-23rd District) and Rep. Jovan Melton (D-41st District), the bill proposes to allow licensing for individuals who operate retail marijuana shops. Under the proposed bill, those licensed for public consumption would be prohibited from serving prepared food or alcohol on-site. All marijuana products consumed on-site would need to be purchased from the licensed marijuana business/club for individuals over 21. In other words, patrons would be prohibited from bringing their own supplies.

California

California AB 3112 was introduced by Assemblyman Tom Grayson (D- 14th District) and is scheduled for hearing at 9 a.m. April 3, before the Assembly Public Safety Committee. Held in room 126 at the state capitol, the committee will consider the bill’s proposal to institute new state regulations for the restricted sale of butane. While the sale of small canisters utilized for personal lighters would still be considered lawful, the sale of larger canisters would be deemed unlawful under this proposed legislation. According to California Assembly Bill 3112, anyone who violates the proposed legislation would face a civil penalty of $2,500.

California Senate Bill 1409, a bipartisan bill that proposes changes to California’s industrial hemp laws, will receive a hearing at 9:30 p.m. March 3 before the Senate Agriculture Committee. SB 1409 suggests the deletion of an exclusionary mandate that industrial hemp seed growers be certified on or before January 1, 2013. Furthermore, the bill proposes to modify the current and restrictive definition of “industrial hemp.” Under Chapter 1 of the California Uniform Controlled Substances Act, industrial hemp is strictly viewed as a “fiber or oilseed crop.” This legislation would nullify and remove the requirement that industrial hemp be cultivated as a fiber or oilseed crop only. Ostensibly, this bill could allow California’s industrial hemp growers to utilize their harvest for the production of hemp-derived CBD products.

New Jersey

In New Jersey, A 3421, seeks to remove the current 2-ounce limit and expands access to edibles and oils. Designated as “Jake Honig’s Law,” this legislation will receive a hearing at 7 p.m., March 5, before the Assembly Appropriations Committee.

The legislation stipulates that alternative treatment centers may make medical marijuana available to patients in oil form, removes a restriction that made edible forms of medical marijuana available only to qualifying patients who are minors, and removes the current 2-ounce limit on the quantity of medical marijuana that may be dispensed in a 30-day supply. Additionally, the bill proposes authorizing a patient’s physician be allowed to recommend “medical marijuana in any quantity” for their 30-day supply. And if the recommending physician fails to specify a quantity, “the amount dispensed will be at the discretion of the alternative treatment center,” according to the proposed legislation.

Also on the calendar this week

Marijuana legislation introduced to the 2018 Connecticut General Assembly will receive a public hearing on Tuesday at noon. House Bill 05582 provides for the taxation of retail marijuana products, after legalized sales are authorized. HB 05582 will receive a public hearing before the Finance, Review and Bonding committee.

Legislation introduced in Tennessee seeks to enact the “Medicinal Cannabis Act” and would establish a medical marijuana commission for the regulation of cannabis-related healthcare. Tennessee Senate Bill 1710 is scheduled for a Senate Judiciary Hearing March 3, at 1 p.m. in the Cordell Hull Building.

On March 4 at 10:30 a.m., two Hawaiian bills will be heard in conference room 211 by the Senate Ways and Means committee. Hawaii House Bill 2741 proposes making the cost of medical cannabis a reimbursable expense to be covered by health insurance companies, and House Bill 2742 seeks to establish the Office of Medicinal Cannabis Control and Regulation within the state’s Department of Health. The proposed legislation would designate the Office of Medicinal Cannabis Control to regulate and administer the registration of qualifying patients and primary caregivers –  and all medical marijuana dispensaries.

Is New Jersey Favoring Decriminalizing Marijuana Over Legalization?

As New Jersey continues to push for the legal cannabis, detractors of the plant continue to look for ways to stop the state from achieving its goal. While this will be somewhat of a tall task for anti-cannabis foes, a group of bipartisan lawmakers have come up with a compromise— decriminalize cannabis in lieu of an outright legalization. And at this point, it’s fair to wonder: is New Jersey favoring decriminalizing marijuana over legalization?

The Suggested Compromise

“This whole legalization stuff needs to slow down. I think folks need to listen to Sen. (Robert) Singer and myself, and people in the community,” said state Sen. Ronald Rice, one of the legislation’s main sponsors.

Under the suggested legislation, pot offenders with a small amount of cannabis would, essentially, be treated like traffic violators.

The new bill would allow those caught with under 10 grams of cannabis to only face a $100 fine for a first offense. Second-time offenders would receive a $200 ticket, and any further offenses would result in a $500 fine. As it stands, offenders, first time or not, can face up to six months in jail, a $500 fine, or both.

Additionally, the bill would also speed the process of expungement for past marijuana arrests and allow municipalities to pocket all but $50 from every fine. The bill would also offer treatment services for those who claim to have a marijuana dependency.

State Sen. Robert Singer, another one of the bill’s sponsors, believes the legislation gets to the root of the problems plaguing New Jersey.

“We are not putting people in jail. We are helping them get treatment if they need it,” Singer said. “What bothered all of us is we are going to try to solve the woes of the state by tax money coming in from marijuana. Shame on us.”

Anti-legalization proponents agree that the bill will help New Jersey lawmakers reach its ultimate goal— providing social justice for its community.

“Marijuana legalization is not the step forward for social justice that has been promised,” said Bishop Jethro James, the president of the Newark/North Jersey Committee of Black Churchmen. “In fact, it’s just the opposite, as the marijuana industry routinely targets vulnerable communities as profit centers. Just take a look at Denver, where the number of pot shops littering the city is greater than the number of McDonalds and Starbucks combined.”

Final Hit: Is New Jersey Favoring Decriminalizing Marijuana Over Legalization?

While the compromise remains an interesting option for New Jersey, it remains a long shot that the bill will usurp any potential plans for outright legalization of the plant as the state’s number one priority.

Governor Phil Murphy made the legalization of cannabis one of the key components of his platform, and it’s unlikely Rice and Singer’s bill would do anything to stop him. Additionally, the bill needs the approval of Senate President Stephen Sweeney in order to make it to a committee hearing, something that appears more than unlikely while legalization is still on the table.

Regardless of the outcome, the proposed bill is still seen by some as a step in the right direction. Even amongst certain pro-cannabis groups.

“This legislation goes a long way in addressing the social injustice surrounding our youth and people of different ethnicities,” said Dara Servis, the executive director of the NJ Cannabis Industry Association. “People of color are targeted and arrested at an alarmingly high rate and this could aid in offsetting the injustice within our community.”

How Many Dispensaries Are In Each State?

How many dispensaries are in each state? With 29 states that all have some form of legalized marijuana, the number of dispensaries in the country is rapidly increasing to serve existing and emerging markets. States like California have recently implemented their recreational marijuana laws. As a result, many old dispensaries have shut their doors and new ones have surfaced as companies await their license to sell. We used data from state governments with legalized marijuana to see how many dispensaries are in each state.

Recreational Marijuana State Dispensaries

With many states adopting recreational marijuana laws, the number of dispensaries countrywide is rapidly changing.

California

Dispensaries: 261

California was the first state to legalize medical marijuana but not the first to go recreational. In 2016, California’s Proposition 64 passed, legalizing the sale of cannabis to adults. There are currently no businesses with full licenses to sell in California. However, temporary licenses are being awarded so retail cannabis is being distributed. According to the Bureau of Cannabis Control, there are currently 261 active temporary retail licenses to sell cannabis for adult use.

Nevada

Dispensaries: 61

Nevada had their first medical marijuana dispensaries opened in 2015. Residents voted to legalize recreational cannabis in 2016. The laws went into effect on January 1st of 2017. Now, weed can be legally acquired at any of the 61 dispensaries listed on the state government’s website.

Alaska

Dispensaries: 93

In 2014, Alaska voted to tax and regulate the legal production, sale and use of marijuana. A license search on the Department of Commerce, Community and Economic Development website yields 93 results for Oregon dispensaries.

Dispensaries: 560+

According to the Oregon government website, the number of approved licenses to marijuana retailers went from 213 in July 2016 to 560 by the end of January.

Washington – 103 retail stores

Dispensaries: 103 retail

Washington has had recreational marijuana for quite some time now so there are now many dispensaries in the state. According to Washington’s Department of Health website, there are currently 103 retail cannabis stores but many more “medically endorsed stores.” This means they have medical marijuana consultants on staff.

Colorado

Dispensaries: 520

Colorado has by far, the largest number of dispensaries in any state. The Colorado Department of Revenue has a list of all the licensed recreational and medical marijuana dispensing centers. There are 520 recreational facilities with 505 medical ones as well.

Massachusetts

Dispensaries: 19

On November 8th, 2016 Massachusetts became the first state on the East Coast to legalize cannabis. As of December 31, 2017, Massachusetts has 19 registered marijuana dispensaries around the state.

Medical Marijuana State Dispensaries

California was the first state to legalize medical marijuana in 1996. Since then, about half of the nation’s states have legalized medical marijuana. In states with strict laws, medical marijuana is limited to patients with truly debilitating conditions. Other states that allow a wider range of patients to register as medical marijuana patients and they have more dispensaries as a result.

Maine

Dispensaries: 8

8 total Medical Use of Marijuana Program Dispensaries

Maine joined Massachusetts in legalizing recreational marijuana on the East Coast. However, retailers currently have no way to get the required licenses. As a result, the only dispensaries in the state are only accessible to medical marijuana patients. There is currently 8 listed medical use of marijuana program dispensaries on the state government’s website.

Arizona

Dispensaries: 100+

Arizona is one of the first states with a drive-thru dispensary. Unfortunately, they are one of the few states that keep their list of dispensaries confidentialto anyone other than registered medical marijuana patients that cannot grow their own marijuana in the state.

However, the number of dispensaries allowed in the state is somewhere between 120 and 126. The number of dispensary agents is public. There are 4,731 individuals that can distribute marijuana on behalf of a dispensary.

New Mexico

Dispensaries: 68

New Mexico’s medical marijuana law was signed in 2007. Since it’s been more than a decade, there are now many dispensaries for the state’s patients to choose from. The state has 12 manufacturers that distribute from their own dispensaries. Recent data shows a total of 68 dispensaries in New Mexico.

Montana

Dispensaries: 50+

Medical marijuana laws in Montana were signed in 2004. Only patients with severely debilitating or terminal conditions qualify for medical marijuana in the state. Despite this, the number of dispensaries in the state has gradually increased over the year. According to the Montana Department of Health, they cannot give information out about dispensaries. However, there are over fifty listed online.

North Dakota

Dispensaries: 0

The North Dakota medical marijuana law was only signed in 2016. The program is not yet operational and there are no current dispensaries. The program was supposed to go into effect on April 18, 2017. The earliest effective date for medical marijuana rules would be on April 1, 2018.

Minnesota

Dispensaries: 8

The Minnesota medical marijuana law was signed in 2014 and it is currently operational. Several state-licensed dispensaries have opened. In fact, the Minnesota Department of Health has eight locations listed on their website.

Michigan

Dispensaries: 100+

Michigan is currently in the process of accepting medical marijuana business license applications but there are over 42,000 caregivers registered to supply cannabis. There are currently well over one hundred dispensaries listed online but they will close soon if they don’t receive a license when they’re distributed later this year.

Illinois

Dispensaries: 53

Illinois is one of the states with a long list of qualifying conditions but they have a decent number of dispensaries. The medical marijuana laws in Illinois were signed in 2013. Since then, the Illinois Department of Financial and Professional Regulation list 53 licensed dispensaries across the state.

Arkansas

Dispensaries: 0

The Arkansas Medical Marijuana Commission has yet to release the list of licensed dispensaries despite the Arkansas Medical Marijuana Amendment. There is a delay because the law only came into effect in 2016 and the program is still a work in progress. So far the Department of Finance and Administration has released a list of all the names and proposed locations of applicants.

Louisiana

Dispensaries: 0

The Louisiana medical marijuana program has yet to start. Worst of all, the number of doctors that are approved to issue a “physician recommendation form” can be counted on one hand. If all goes according to plan, the program will begin operating this summer.

Florida

Dispensaries: 27

Florida has medical marijuana laws but they are restrictive like the laws in other states like New York. Medical marijuana treatment center is the term for a dispensary in Florida. These centers are responsible for cultivating and processing the cannabis. Additionally, they sell to qualified medical marijuana patients. There are 27 dispensaries total listed on the state government’s website.

Ohio

Dispensaries: 0

The Ohio medical marijuana laws were signed in 2016 but the program hasn’t started yet. The State Board of Pharmacy may award up to 60 dispensary licenses. So far, the board has received hundreds of applicants. There is no one to sell medical marijuana in the state yet. Unfortunately, patients will have to wait while the program starts handing out licenses to sell.

West Virginia

Dispensaries: 0

West Virginia signed their marijuana laws in 2016. As a result, the program is not yet operational. Therefore, there are no operating dispensaries in the state as of now. The West Virginia Medical Cannabis Program will release the application for dispensaries in the first quarter of 2018.

Pennsylvania

Dispensaries: 6

Six dispensaries received approval to start selling medical marijuana products once they are available. The only dispensary to have a grand opening is in Lehigh Valley. Unfortunately, they have no product. Therefore, patients won’t be able to make purchases until mid-February or later.

Maryland

Dispensaries: 0

A judge temporarily halted the medical marijuana industry in Maryland on the request of a company that alleged state regulators ignored racial diversity when deciding who could grow legal cannabis. A trial in June will determine whether state regulators acted outside of the law when awarding the first fifteen preliminary licenses to grow. So, there will still be some time before Maryland sees its first operational medical marijuana dispensary.

Delaware

Dispensaries: 2

Delaware currently only has two dispensaries owned by the same company. First State Compassion is currently the only provider of medical marijuana in Delaware and more are on the way.

New Jersey

Dispensaries: 5

New Jersey adopted their medical marijuana program rules in 2011. Since then, only a few dispensaries have opened up their doors in the state. In fact, the state currently has five operational medical marijuana dispensaries with more on the way.

New York

Dispensaries: 19

New York has one of the stricter medical marijuana programs for patients with debilitating conditions. In fact, there is no actual smokable cannabis available at dispensaries. However, other cannabis products are available at New York’s 19 registered medical marijuana dispensaries. More are opening soon which will more than double the number of dispensaries in the state.

Vermont

Dispensaries: 4

Vermont has had medical marijuana laws since 2004. Despite the early start date, few dispensaries have opened in the state. More than a decade later, there are only four operational dispensaries located in Montpelier, Brandon, Burlington and Brattleboro.

New Hampshire

Dispensaries: 4

The Therapeutic Cannabis Program passed through the state legislature in 2013 but things have moved slowly since then. In fact, only a few dispensaries have opened up. The New Hampshire Department of Health and Human Services lists 4 dispensaries or “alternative treatment centers.”

Connecticut

Dispensaries: 9

Medical marijuana laws in Connecticut came about in 2012 and not too many dispensaries have opened up since then. According to Connecticut’s official state website, there are 9 total medical marijuana dispensary facilities in the state. That will change soon because the state is looking for more medical marijuana dispensaries.

Rhode Island

Dispensaries: 3

Rhode Island medical marijuana patients can purchase their medicine at compassion centers around the state but there aren’t many. As expected with a small state the Rhode Island Department of Health website lists compassion centers in only Providence, Warwick and Portsmouth.

Washington D.C.

Dispensaries: 8

Washington D.C. has legalized recreational marijuana but there are currently only medical marijuana dispensers. There are eight medical dispensaries in the state total but most of them in the North East region.

Final Hit: How Many Dispensaries Are In Each State?

Since marijuana laws in several states have changed in recent years, the online listings of marijuana dispensaries in certain states are unreliable according to research.

“The online listings appear to be inaccurate. We only found 815 out of the listed 2,174 dispensaries were active. This is 37 percent of the listings,” Erick Eschker, co-director of the Humboldt Institute for Interdisciplinary Marijuana Research stated.

The number of how many dispensaries are in each state will change because a few states are currently working on implementing their programs. Once they are operational, the number of dispensaries nationwide will continue to increase.

Expungement and Past Marijuana Convictions in Legal States: What Now?

As marijuana legalization continues to cultivate support across North America, more than a few states and their collective municipalities are working to expunge or reduce prior pot convictions – calling the absolution a states’ rights issue and a necessary atonement.

4,900 Californians have asked to have their past pot convictions expunged

In 2016, 574,641 American citizens were charged with simple marijuana possession. And for those with past marijuana convictions, they soon discovered it’s far more difficult to become a productive member of society with a criminal record; facing diminished access to employment, reduced chances at a higher education, and restricted housing opportunities.

Addressing the issue last week, elected officials from San Diego to San Francisco began the process of rolling out their amnesty program for people convicted of previous low-level marijuana crimes. This week, the Mayor of Seattle joined the call for greater opportunity for those with past convictions and announced similar efforts. Meanwhile, in Vermont, which recently became the first state to legalize cannabis for adults 21 and over through the legislative process, officials are examining their options ahead of the state’s July 1 implementation.

With some form of marijuana now legal in 29 states plus the District of Columbia, Guam and Puerto Rico, the following states are collectively attempting to address their role in criminal justice reform in a meaningful way.

Proposed Marijuana Expungement Legislation

California

Assembly Bill 1793, introduced by Assemblyman Rob Bonta (D-18th District), seeks to enact legislation that would allow the “automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017.” Under Proposition 64, residents of California are now allowed to possess and purchase up to 1 ounce of marijuana and cultivate no more than six plants for personal use. The voter-approved measure, in addition to legalizing adult-use consumption, cultivation, and distribution – allows individuals convicted of past criminal marijuana possessions to petition the courts to have those convictions expunged. An expensive and time-consuming venture for most individuals, the automatic expungement of records would be mandated by the passage AB-1793.

Massachusetts

H.2785, authored by Rep. Aaron Vega (D-5th District), and cosigned by 25 other elected officials, would allow for the expungement of “records of marijuana arrest, detention, conviction and incarceration.” Marijuana use in Massachusetts was first decriminalized in 2008, with the voters approving medical marijuana just four years later in November 2012. Officially legalized for adult use on Nov. 8, 2016, residents are still waiting for their first recreational dispensary to open.

Vermont

H.865, sponsored by Maxine Grad (D), Tom Burditt (R), Chip Conquest (D), would allow a person to file a petition with the court requesting expungement or sealing of the criminal history related to a conviction if “the person was convicted of an underlying offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense.”

New Jersey

S.830, sponsored by Sen. Nicholas Scutari (D-22nd District), would not only legalize the personal possession and use of small amounts of marijuana by those over the age of 21, the bill also allows a person convicted of a prior marijuana possession to present an application for expungement to the state’s Superior Court.

While Colorado, Maryland, and Oregon have already passed legislation to have misdemeanor marijuana charges sealed or thrown out entirely, approximately 4,900 Californians have filed to have their past pot convictions expunged since Proposition 64 was passed.

Congress Just Extended Federal Medical Marijuana Protections

Congress just extended the federal medical marijuana protections known as the Rohrabacher-Farr amendment, or the Rohrabacher-Blumenauer amendment. It happened early Friday morning when President Donald Trump signed a huge budget deal that brought a short federal shutdown to an end. But these temporary protections still face some uncertainty in the coming months. The latest spending plan only runs until the end of March. At that time, the medical marijuana community could become more volatile at the hands of the Department of Justice.

The Rohrabacher-Farr Amendment Keeps Going

The Rohrabacher-Farr amendment, which prevents Attorney General Sessions from spending tax dollars to prosecute medical marijuana businesses and patients, has been a part of the federal budget for the past few years. In fact, this is the eighth time the rider has been renewed since 2015.

This temporary rider is the only document on the books that protects medical marijuana states. Without it, the U.S Drug Enforcement Administration (DEA) would have free rein to investigate, raid and prosecute all connections to statewide medical marijuana programs.

Congress Riding Same Budget Since 2015

This does not mean Congress has been giving medical marijuana serious consideration during budget talks. It has not. Since Rohrabacher-Farr has been a part of the federal budget for the past three years, it has been gliding on the coattails of the renewal process. Basically, since Congress has not approved a new budget since 2015, the federal medical marijuana protections keep living.

Similar riders have been proposed in the past, but none have ever been given the time of day.

Sessions Pressures Congress to Eliminate Federal Medical Marijuana Protections

It is distinctly possible that the medical marijuana debate will come to a head next month. The current protections are only good until March 23. The Rohrabacher-Farr amendment must find its way inside a much larger budget to maintain. If it will survive the next round of negotiations is anyone’s guess. The protections are at risk for elimination. Attorney General Sessions has been pressuring both the House and Senate to ensure this happens.

It was just last year that Sessions sent a letter to Congressional leaders asking them to abandon support for Rohrabacher-Farr.

“I believe it would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of a historic drug epidemic and a potentially long-term uptick in violent crime,” Sessions wrote last June. “The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.”

Final Hit: Congress Just Extended Federal Medical Marijuana Protections

Congressional leadership will need to approve the language for inclusion in the new appropriations for the rider to stay intact. Although the Senate has shown some support, the House of Representative has been less than enthusiastic. As NORML political director Justin Strekal pointed out in his analysis, “The provision will now be considered by House and Senate leadership when the two chambers’ appropriations bills are reconciled, should Congress ever set a FY18 budget, of which is already over a third of the way behind us.”

Will New Jersey Marijuana Legalization Include Home Grow?

Will New Jersey marijuana legalization include home grow? As of now, the new governor of the state seems to only be insistent that adults be able to consume cannabis—not grow it.

“Marijuana legalization” doesn’t guarantee fully legal marijuana. Other states allow adults to grow small amounts of cannabis at home. Will New Jersey marijuana legalization allow home grow?

It’s far from certain.

What Legalization Should Do

New Jersey will almost certainly become the second state to legalize recreational marijuana without a ballot initiative.

But right now, Gov. Phil Murphy’s promise to allow adults 21 and over to use cannabis does not guarantee “home grow.”

This is a problem that needs fixing. Enter Reed Gusciora.

The state Assembly’s deputy leader, Gusciora wants to permit adults 21 and over to grow up to six cannabis plants at home.

“Looking at the marijuana laws in place in California, Oregon, Washington and the like, I thought that homegrown should be an essential element of the New Jersey law, too,” Gusciora told the Philadelphia Inquirer.

Should. Absolutely. But will home-grow be written into marijuana law in New Jersey?

The “Problem” With Home Grow

The New Jersey state Assembly and Senate are considering several legalization efforts. Gusciora, who co-authored the state’s medical-marijuana legislation, introduced his home-grow amendment to a proposal in the lower house.

Yet it’s still unclear which effort will reach Murphy’s desk. Gusciora’s bill would allow New Jersey residents to grow up to six plants. But only indoors, and only in a “controlled environment.”

Why so serious? Anyone who’s followed marijuana legalization for any length of time is familiar with the arguments legalization opponents trot out. A favorite hobbyhorse is a canard that cannabis automatically equals crime.

The notion that a few marijuana plants in someone’s backyard will cause gangsters and crooks to behave as if a supply of unguarded gold bouillon appeared in the neighborhood is false.

What’s news is Gusciora, a prosecutor, is willing to admit it. The problem is his colleagues behave as if it were true.

“They have visions of kids jumping over fences to steal Mrs. Smith’s marijuana plants,” he told the paper.

What About Hemp?

Gusciora is also pushing a bill that would legalize hemp farming.

An earlier effort to allow New Jersey residents to cultivate the non-psychoactive plant, good for fiber and fuel, died in 2012. For that, you can thank Chris Christie.

The state’s famously reactionary former governor also vowed to block a hemp bill.

For this reason, the bill died along with other efforts to expand the state’s extremely limited medical marijuana law.

By most measures, New Jersey’s medical marijuana law is terrible. Restrictions are so tough that through the end of 2016, fewer than 12,500 patients were enrolled.

Patients must also be “re-assessed” to see if they’re still sick enough to use cannabis every 90 days. And plenty of sick people who could benefit from marijuana aren’t sick enough: Jersey is only one of three states where chronic or “intractable pain” is not a qualifying condition.

In the context of an opiate crisis that kills 60,000 people a year, rules like these are criminal.

Home grow could help. So will New Jersey marijuana legalization allow home grow? Maybe not. In order for marijuana legalization to live, home grow may have to die.

Final Hit: Will New Jersey Marijuana Legalization Include Home Grow?

Christie is gone, but neither hemp farming nor home grow is a sure thing. Neither is legalization itself.

A recent poll found only 42 percent support among voters for legalization. And in preparation for legal cannabis, several townships have prepared by laying plans to ban it—even before the issue goes to a vote.

If legalization looks like it’s stalling out, home grow may be one of the first “rights” to go by the board. Stupid? Yes. But that’s how marijuana is legalized.