Legislative Roundup: Marijuana in California, Hawaii, Georgiav

California’s legislative effort to provide a temporary tax cut for recreational marijuana advances, Hawaiian legislation addressing patient reciprocity is referred to the Senate Committee on Ways and Means, and a Georgia initiative to amend the state’s Low THC Oil Patient Registry gets a vote.

Marijuana policy is in a constant state of legislative flux. While some states have legalized cannabis for medicinal use, others have passed laws allowing for recreational consumption. In either event, elected officials around the country are routinely proposing, updating, and modifying their legislative agendas to reform America’s marijuana laws. In an effort to keep our community informed, Marijuana.com will now provide a weekly update on the legislative efforts of our elected officials.

While the politics of cannabis ebbs and flows in 2018, the legislative calendar for America’s lawmakers is packed with marijuana legislation.

California

Last Thursday, legislation that would cut the recreational marijuana sales tax rate from 15 percent to 11 percent and suspend all cultivation taxes for threes years, was referred to the Assembly’s Committee on Revenue and Taxation. Assembly Bill 3157, co-sponsored by Rob Bonta (D- 18th District), Ken Cooley (D- 8th District), Reggie Jones-Sawyer Sr. (D- 59th District), Tom Lackey (R- 36th District), and Jim Wood (D- 2nd District), would temporarily modify the current tax structure so California’s legal adult-use market can compete against black market sales.

Hawaii

Last Friday, a bill addressing medical marijuana reciprocity, THC potency, and employment metabolite testing was referred to the Senate Committee on Ways and Means. In addition to allowing authorized medical marijuana visitors to access Hawaiian dispensaries, House Bill 2729 would allow the Department of Health to extend the maximum period of validity of any written certification to three years for those with chronic medical conditions.

Georgia

Georgia House Bill 65, passed by the Senate on Friday with a 29-16 vote, would broaden the legal parameters for medical marijuana use and would allow state-sanctioned patients to utilize low THC oil to combat a host of debilitating diseases. After first receiving the proverbial green light from elected officials in George’s House of Representatives (156-6), HB 65 is now headed for the governor’s desk where Zell Miller will either sign or veto the bill.

On the calendar

Marijuana legislation will receive a hearing this week in Colorado, Arizona, Montana and New Hampshire.

Colorado’s Senate Business Labor and Technology Committee will consider SB 211 on Monday at noon. The legislation would authorize and permit licensing for marijuana consumption within specific clubs.

Before Arizona’s Senate Rules Committee at 1 p.m.  Monday, House Bill 2067 addresses doctors that offer unlawful medical marijuana recommendations. Considered a partisan bill, HB 2067 was passed by the Senate Health and Human Services Committee on March 14, by a 5-2 vote.

A Missouri bill seeks to legalize the cultivation of industrial hemp. HB 2034, passed by the House of Representatives in late February, will receive a hearing today at 2 p.m. before the Missouri Senate’s committee on Agriculture, Food Production and Outdoor Resources.

On Tuesday, New Hampshire’s SB 380 will receive a hearing at 1:15 p.m. before the House of Representatives Committee on Health, Human Services and Elderly Affairs. The legislation seeks to amend state law governing the use the of medical marijuana for therapeutic purposes, “clarifying certain information on the registry identification cards and designated caregivers for minors.”

Airport Sets Up Amnesty Boxes For Flyers To Dispose Their Weed

Visitors to Las Vegas have a new way to help keep them out of trouble, as the local airport sets up amnesty boxes for flyers to dispose their weed or other recreational or prescription drugs, giving new meaning to the adage “what happens in Vegas, stays in Vegas. ”

The Boxes

The bright green boxes were installed February 16 at McCarran International Airport as a way for travelers to safely get rid of cannabis or other items that might not be allowed through Transportation Security Authority checkpoints. Recreational cannabis sales were legalized in the state of Nevada on July 1, 2017, but that doesn’t mean it’s legal everywhere.

In October of last year, Clark County, home to Sin City, passed an ordinance outlawing possession of cannabis, marijuana, and THC on  McCarran grounds.

“Marijuana is prohibited on airport property,” said airport spokesperson Christine Crews in an interview with local media. “You could face a citation fine, or you could face arrest depending on what those amounts are,” she added.

The boxes are located just outside the airport terminal so items can be left before entering the building, no questions asked.

The amnesty boxes, as they are called, are about the size of a large trash can and have been bolted securely to the ground. A drawer drop, similar to those on a corner mailbox, prevents anyone from reaching inside and keeps the contents safely inside until they are removed by a contractor.

What Happens After A Drop-Off?

 Travel Weekly

That doesn’t mean a free stash for someone, however.

“They [the contractor] will be collecting whatever’s surrendered and disposing of it appropriately, depending on what contents are in these boxes,” Crews said. “We don’t want your pot; leave it somewhere else, that’d be fine.”

Crews also noted that because cannabis is still illegal under United States laws, the drop boxes will enable the airport to avoid being complicit in smuggling marijuana across state lines.

“Being a federally regulated industry, we want to make sure we are more than compliant with their standards,” Crews said.

The amnesty boxes seem to be getting a positive reaction from travelers. “I think they’re great, said Michael Aldaya, a visitor from Minnesota. “This is probably where you should dispose your drugs.”

Aldaya hedged when asked if he had anything to leave in the boxes. “Uh… I don’t want to disclose that right now,” he joked.

But Shannon, in town from San Francisco, thinks the boxes might not get much use. “I feel like anyone who probably has some sort of cannabis, weed, would probably do it before they threw it away,” she said. “I’d be interested to see how full that gets.”

In the first week of operation, the boxes have collected several vape pens and a plastic bag of pills, according to reports.

Final Hit: Airport Sets Up Amnesty Boxes for Flyers to Dispose Their Weed

So far, 13 of the amnesty boxes have been installed in high-traffic areas of the airport. Ten are located at the terminal, with three more at the car rental complex.

The Clark County Department of Aviation, the airport operator, has plans to install seven more of the amnesty boxes at other sites including the Henderson Executive Airport and the North Las Vegas Airport, bringing the total number to 20.

Here’s What Happens To Violent Crime When Marijuana Is Legalized

The legalization of cannabis sets off a number of far-reaching ripple effects. It touches everything from public health to local economies to law enforcement policies, and much more. The ripple effects of legal weed also impact violent crime. Here’s what happens to violent crime when marijuana is legalized.

Violent Crime and Legal Weed

The short answer to the question, what happens to violent crime when marijuana is legalized, is simple: it decreases. That decrease happens largely because legal weed disrupts the black market. At the same time, legalization places cannabis into the legal economy. That makes it much easier to track and regulate.

Of course, there are tons of other concerns that weed’s move into the legal economy raises. For example, it’s important that a handful of massive corporations doesn’t immediately monopolize the newly legal weed market. Such a development could potentially turn legal weed into the next Big Pharma.

Similarly, it’s crucial that we keep the legal weed economy from repeating the racial inequities that define the War on Drugs. It’s counterproductive if the legal weed industry ends up profiting only wealthy white business owners while millions of people of color continue dealing with the injustices of prohibition.

With all that said, it does appear that legalization helps decrease violent crime. In fact, this is exactly what a study published in November 2017 found. In this study, researchers reviewed FBI crime reports and homicide records. They looked at records from 1994 through 2012.

Researchers found that legal marijuana coincided with noticeable drops in violent crime. These changes were most pronounced in states bordering Mexico.

In these states, violent crime dropped by an average of 13 percent when cannabis was legalized—even if it was only medical marijuana. More specifically, border states saw a 41 percent decrease in the number of homicides directly linked to drugs. Similarly, robbery decreased by 19 percent and murder rates fell by 10 percent.

Shooting Down the Myths

Studies like this help counter many of the stereotypes and negative myths that continue to swirl around the topic of legalization. In particular, these stats help shoot down the myth that legal weed will lead to more crime and more violence.

Interestingly, the fact-checking website Snopes.com has already classified this myth as false. “Although this claim appears to be making its way into political talking points regarding recreational marijuana,” the site states, “no credible evidence has been provided to support it.”

And Snopes is right. Under Attorney General Jeff Sessions, the myth that legal weed leads to more crime is getting new life. One of the first things Sessions did after being appointed AG was start going after cannabis. And one of his main speaking points is the idea that legalization spurs more violent crime.

“I don’t think America is going to be a better place when people of all ages, and particularly young people, are smoking pot,” Sessions said in early 2017. “I believe it’s an unhealthy practice, and current levels of THC in marijuana are very high compared to what they were a few years ago, and we’re seeing real violence around that.”

Unfortunately for Sessions, data doesn’t back up the claim that weed produces more violence. In fact, studies like the one published last November suggest the exact opposite.

Final Hit: Here’s What Happens To Violent Crime When Marijuana Is Legalized

So, what happens to violent crime when marijuana is legalized? From what we can tell so far, it looks like legal weed helps reduce violent crime.

Legalization breaks up the black market. It decreases the need to smuggledrugs across borders. And it significantly cuts down on the likelihood that violence will erupt when people try to buy or sell weed.

For example, just last month DJ Khaled’s future brother in law was shot and killed during a weed deal gone bad. If he could have just gone to a dispensary and purchased weed legally, the entire outcome would probably be different.

Georgia Seeks To Reduce Penalties For Marijuana

With two bills introduced in the state’s government, Georgia seeks to reduce penalties for marijuana possession. The capital city of Georgia, Atlanta, has already decriminalized possession. Are lawmakers trying to get the entire state on board?

The Bills

Before we talk about the two bills that were introduced in Georgia, let’s go over the current state of things. As of now, possessing more than one ounce of cannabis in Georgia is considered to be a felony. But within the city limits of Atlanta, the capital, marijuana is decriminalized up to one ounce.

And Georgia, does, in fact, have a medical marijuana program. Last year, the state’s medical marijuana program was expanded to include more qualifying conditions to grant more people access to the life-saving plant.

While the state’s leadership has been against legalization, a faction of lawmakers in Georgia seeks to reduce penalties for marijuana. As a step to accomplish this, two bills have been introduced to the House and the Senate.

House Bill 865 aims to knock the criminal code for cannabis possession down a peg. This bill’s stated goal is to make the possession of the herb a misdemeanor rather than a felony. Well, up to two ounces would be a misdemeanor, that is.

The second bill, introduced to the Senate, follows in the same vein as the House bill. Titled simply as Senate Bill 105, if passed, this state-wide measure would decriminalize marijuana up to half an ounce. The subsequent fine would not exceed $300.

Admittedly, these measures are not particularly generous. But it’s a start.

Final Hit: Georgia Seeks To Reduce Penalties For Marijuana

The issue of cannabis legalization versus decriminalization is interesting, to say the least. While Georgia leadership has rejected the idea of all-out legalization, they have successfully fought for and established a medical marijuana program. And considering that the capital city has decriminalized marijuana possession, it looks like the attitudes in Georgia are shifting for the better.

Still, decriminalization in one city cannot solve everything. Attorney George Creal elaborated on this issue to local reporters. He also expanded on why state-wide decriminalization should move forward.

“There’s enforcement problems, there’s prosecution problems,” he said, referring to the decriminalization in certain cities. “You don’t want to have to depend on the discretion of a prosecutor or a judge. You want to be able to know what the law is.”

It’s a statement weighted by the truth. Especially since marijuana arrests in the United States have a clear racial disparity.

While decriminalization is far from legalization, these measures, if passed, could plant the seed for a more just legal system.

Antigua and Barbuda Move Toward Decriminalizing Marijuana

The Caribbean nation of Antigua and Barbuda is on the brink of a big development in cannabis law. There has been a growing movement in support of decriminalizing weed in the country, and this week, lawmakers took concrete steps toward making that a reality. As Antigua and Barbuda move toward decriminalizing marijuana, countries around the world continue reexamining cannabis laws.

Antigua and Barbuda is About to Decriminalize Weed

Lawmakers officially introduced The Misuse of Drugs (Amendment) bill last December. It received positive feedback. From there, a special committee studied it and made revisions. Lawmakers reviewed the bill again on January 23 and they voted on it earlier this week.

On Tuesday, the country’s House of Representatives passed the decriminalization bill. The Senate will now review the bill to decide whether or not it will become official law.

So far, it looks like the bill is on track for a smooth passage. Once it becomes law, adults can possess up to 15 grams of weed without the possibility of criminal charges.

The Antigua News Room reported that Rastafarians will be allowed to grow and consume limited amounts of marijuana for religious purposes. Finally, the government of Antigua and Barbuda will set up a committee to study medical marijuana as well as the implications of legalization.

Decriminalization Is Not Legalization

While decriminalization is a step in the right direction, lawmakers were very clear that this is not the same thing as legalization.

“A lot of persons thought that decriminalization simply meant that [they] would not be penalized for the use,” said Samantha Marshall, head of the government’s marijuana commission. “Decriminalization as we understand it is that you will not be given a criminal charge, but of course you will be ticketed.”

Prime Minister Gaston Browne shared similar thoughts. “I want to make it abundantly clear that my government is not advocating the use of cannabis,” he told The Antigua Observer. “We do accept, though, on the other hand, that marijuana utilized in different forms has significant medicinal benefits.”

Browne also said that decriminalization was helping bring laws into alignment with public opinion. In fact, the country recently completed a survey to gauge public opinions on cannabis. It found that 70 percent of people in Antigua and Barbuda support loosening laws against weed.

“The use of marijuana is now socially acceptable,” Browne said. “It is, in essence, a part of the culture of the country.”

Final Hit: Antigua and Barbuda Move Toward Decriminalizing Marijuana

The changes in Antigua and Barbuda reflect growing support for marijuana around the world. They also place the island country in the ranks of other countries working to loosen weed laws.

Lawmakers in Antigua and Barbuda said they are going to continue exploring the idea of legalizing weed. In particular, they plan to see how things develop in Canada.

Under Prime Minister Justin Trudeau, Canada plans to legalize cannabis in July. If all goes well, it could be a landmark development. It could also establish Canada as a global cannabis leader along with countries like Uruguayand The Netherlands.

Seattle Could Dismiss Over 1,000 Marijuana Convictions

Earlier today, Seattle Mayor Jenny A. Durkan announced that Seattle could dismiss over 1,000 marijuana convictions. The decision is the latest in the city’s attempts to minimize the negative effects of earlier cannabis prohibition laws.

Mayor Durkan’s Announcement

In a statement published by Durkan’s office this morning, she made clear her intentions. Working alongside City Attorney Pete Holmes, Durkan will ask the city’s municipal court to throw out marijuana convictions from cases prior to the state’s decision to legalize weed.

Durkan’s announcement does not actually accomplish that objective. But it is the first step.

From here, the Seattle Attorney’s Office will formally ask the city’s municipal court to throw out all misdemeanor marijuana possession charges prior to 2012. If the authorities comply with the request, the court could dismiss thousands of convictions.

Durkan explained that there were several reasons for her decision to spearhead this effort. For starters, it’s an attempt to more accurately reflect current laws. Since cannabis is legal in Washington, it does not make sense that some people would still have cannabis charges on their criminal records.

Beyond that, it’s also part of ongoing efforts led by key lawmakers and city officials to implement more progressive weed laws.

In 2003, Seattle voted to make the prosecution of marijuana charges one of the city’s lowest law enforcement priorities. Then, in 2010, when City Attorney Pete Holmes was first elected, the city began dismissing all marijuana possession cases. At the time, Holmes said he would stop prosecuting all weed possession cases.

Today’s announcement serves as the latest step in this process. By providing a way to throw out previous convictions, this action could clear the records of thousands of Seattle residents.

Addressing Racial Inequities

Addressing racial disparities in law enforcement is arguably the most important motivation behind Durkan’s decision. Despite increasingly loose cannabis laws, both Seattle and the state of Washington have long records of racially disparate policing practices.

For example, a comprehensive report published by the Drug Policy Alliance found that marijuana possession arrests in Washington rose from 4,000 in 1986 to 11,000 in 2010.

During that time, black people were 2.9 times more likely to be arrested for possession than white people. Similarly, Latinx and Indigenous folks were arrested 1.6 times frequently than white people. Those trends occurred even though people of color actually consumed cannabis at lower rates than white people.

In this context, Durkan’s efforts to throw out old convictions could help address some of these inequities.

“The war on drugs had devastating impacts on people, especially people of color and their families,” she said in her official announcement. “People’s lives were ruined for misdemeanor marijuana offenses. This action is a necessary first step in righting the wrongs of the past and putting our progressive values into action.”

Final Hit: Seattle Could Dismiss Over 1,000 Marijuana Convictions

Mayor Durkan’s announcement is the latest in a string of similar moves from lawmakers around the country. At the end of January, San Francisco officials announced that they would dismiss thousands of cannabis convictions.

Additionally, Colorado Governor John Hickenlooper recently said he was considering releasing somewhere around 40 prisoners serving time for marijuana possession. The state of California is also considering similar actions.

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.”