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  • by NORML August 24, 2017

    sheet-of-money-hempIn March of this year, Oakland City Council implemented the Equity Permit Program for marijuana businesses. This program is designed to address the past disparities in the cannabis industry by giving priority to the victims of the war on drugs and minimizing barriers of entry into the industry. Ultimately, their goal is to remove the barriers for those who have been wronged in the past and level the playing field in the medical cannabis arena. From their research developing this program, the Oakland City Council discovered that over the past 20 years, the Black community has been dramatically overrepresented in cannabis-related arrests–reaching as high as 90% of all these arrests at one point in time.  

    To qualify as an Equity applicant, the individual must be an Oakland resident who has an annual income at less than 80 percent of the Oakland Average Medium Income and either has a past marijuana conviction in Oakland or has lived for ten of the last twenty years in police beats that experienced a disproportionately higher amount of law enforcement. Additionally, the Equity applicants are not required to pay the permit application fee.

    Since the access to affordable rent and business locations is a huge barrier, Oakland’s medical cannabis regulations created the Equity Incubator Program. Under this program, general applicants receive permitting priority if they provide Equity applicants with free rent for a minimum of 1,000 square feet of space to operate their business.

    Overall, Oakland is addressing the discrimination within the cannabis industry that has plagued their city for far too long. Though the program may not be perfect, they are setting an example of how to begin to address marijuana-related oppression that has impacted historically marginalized groups.

    You can find more information from the City of Oakland by clicking HERE.

  • by Bailey Hirschburg, WA NORML Legislative Associate August 23, 2017

    Bailey-Hirschburg-LobbyistWASHINGTON STATE: For the first time Washington NORML had a regular lobbyist in Olympia this year. The truth is NORML has almost always been staffed by volunteer activists. That’s what I was, at a NORML chapter in Missouri, interning for NORML’s national office in Washington DC, and later as head of NORML’s Thurston County chapter. The reward I got from it was doing the right thing, great stories, and lifelong friends. (Oh, as an intern NORML reimbursed subway fare.)

    I was shocked when Kevin Oliver, the head of Washington NORML, said he’d raised some money to hire a lobbyist. But the professional he had in mind wanted it all, and didn’t believe the legislature would pass home growing of cannabis by adults, so wasn’t going to try. I promised to do it for much less, and give a damn about the things recreational consumers care about because I was one. I’ve lobbied as a citizen, but doing this as a job was another level.

    Lobbying part time along with a second job I got up close and personal with a lot of bills. What did I do, and what changed? My focus this session broke down into five areas:

    • Securing fair permitting for on-site cannabis use by for adults 21 and older. A draft bill to allow special permits for marijuana consumption events was drafted and shopped around to various members. Despite bipartisan interest failed to find a primary sponsor in time. However, a previous bill to allow cigar bars may be adapted to include marijuana on-site consumption. This leaves two avenues for social use, at a time that the policy is expanding among legal cannabis states.
    • Securing cannabis homegrow protections and establishing a system of seed/clone sale for adults 21 and older. Two bills were heard this session to legalize personal cultivation, HB 1092 & 1212. HB 1212 passed unanimously out of Commerce & Gaming, and through the Rules review to the Finance committee, the farthest any such bill has progressed in the state. I searched for a sponsor for a draft bill to allow seed/clone sales to adults, making the law continent on personal cultivation being enacted this year. Apathy in the state senate slowed progress along with lingering questions about enforcement needs and federal intervention. In SB5131, the LCB has been mandated to produce a report on personal cultivation for the legislature by December. Beyond submitting information and rallying stakeholders, WA NORML will be looking for the best ways to raise consumer influence in this report, without which, it’s recommendations may not be trustworthy.
    • Promote taxation/regulatory reforms that will benefit adult cannabis consumers. With the passage of an organic-like certification for cannabis products, legalized sharing/gifting of cannabis, expanded hemp access and use in consumer products, and regulation of infused edible production that is closer to other food industries, there are several ways in which the legal consumer will be better off with the changes in this session. Particularly the sharing/gifting of cannabis, while not a source of many arrests, remained a blindspot and common complaint against our legal framework.
    • Promote reforms that will increase access and security in the sale of medically affordable compliant cannabis to patients/caregivers.  Patient access to legal clones/seeds will be larger due to laws passed this year. Involving a rules process takes time, new laws will bring greater availability and stability to patients and caregivers producing their own medicine. Similarly to regular consumers, patients will also benefit from the organic-like certification, as recreational plant testing is often deemed inadequate for patient needs. Maddie’s Law, which would assist patient-students medicating on school property passed the house with broad support, and initially had senate momentum, but senate leadership halted progress and kept the bill from a floor vote. However, it’s simple change and broad popularity leave it well positioned to be addressed in the future, particularly as the U.S. Congress has maintained a ban on DEA interference in state-legal medical programs.
    • Working to improve legislation where possible and oppose when necessary. An unfortunate reality is that some of the biggest victories this year were stopping damaging bills or amendments. In other cases objections were ignored. Nonetheless, opposition to billboard bans, increased public consumption penalties, increased packaging/concentrate penalties, banning of bitcoin, and retail bans in Alcohol Impact Areas helped keep these issues from advancing. Other areas like out-of-state financial stake, or increased licensee fees were opposed but amended into other legislation. While not perfect, success in stopping bad legislation is crucial to stemming any prohibition resurgence.

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    Most of my efforts were on HB1212, HB1060, ESSB5131, and searching for sponsors for two draft bills on seed sale and social use permitting. I also testified, signed in with a position available to answer questions at legislative hearings, submitted written materials, or spoke with lawmakers about the following bills:

    Medical Cannabis Bills- 

    Pro: HB1098, HB1094, HB1060/SB5290, HB2021 Con: SB5933

    Recreational Cannabis Bill-

    Pro: HB1092, HB1099, HB1212, HB1124, HB1461/SB5323, HB1462 (enacted)/SB5324 Con: HB1416, HB1065, HB1151, SB5282 Other: HB1250 (enacted)

    Hemp Bills-

    Pro: HB1692 Other: HB2064 (enacted)

    Research/Misc. Bills-

    Pro: HB1895 Other: SB5131 (enacted)

    Changes from Enacted bills- 

    HB2064- Removing industrial hemp from the scope of the uniform controlled substances act.

    Removing hemp from Washington’s CSA is positive in that it makes an ecologically and industrially beneficial plant available. However it’s lack of rules damage long term viability of the industry and outdoor cannabis grows with the risk of cross-pollination, absence of certified seed programs, and absent research component as required by Sec. 7606 of the federal Farm Bill. Amendments in SB5131, and recent rules proposed by the Washington State Dept. of Agriculture, should establish some hemp licensing, research parameters, and use in marijuana products but a seed certification program still depends on some federal cooperation.

    HB1250- Authorizing retail marijuana outlets to give a free lockable drug box to adults age twenty-one years and over and to qualifying patients age eighteen years and over subject to restrictions.

    By updating RCW 69.50.357, this bill allows retailers to “donate the lockable boxes and provide the related literature to any person eligible to purchase marijuana products” that they receive from a third party entity. Nothing in the law requires person eligible to buy anything in order to receive a lockbox and literature, and retailers are allowed to sell lockboxes (assuming they weren’t donated to the retailer) as well as distribute lockboxes that have been donated. I lobbied for the term “upon request” to be added so that consumers who actively want to store cannabis in lockboxes will get them versus the first customer offered a free item.

    HB1462- Adding authority to the department of agriculture to regulate sanitary processing of marijuana-infused edibles.

    This bill creates an edible endorsement for processors and greater authority for the Dept. of Agriculture to regulate infused edibles similar to that agencies other food handling regulation. While edible production was within the scope of licensed processors with approved facilities, those licensees will now need this endorsement with a separate application/renewal process all edible sales. This will involve Dept. of Agriculture adopting rules specifically for marijuana edibles, with an understanding “Such rules must be written and interpreted to be consistent with rules adopted by the board [LCB] and the department of health.” By April 1st, 2018 rules will regulate edibles similar to other food handling licenses with some exceptions including:

    • issuance of the endorsement in lieu of a food processing license through the Dept. of Ag. business licensing system;
    • separate penalty schedule to operate in addition to the penalty schedule of the LCB;
    • must be obtained by any licensee that “processes, packages, or makes marijuana-infused edibles;”
    • endorsement renewal will coincide with marijuana processors license renewal, but must already hold processors license before initial issuance.
    • The licensee needs a separate endorsement for each location, and no facility can be used to process non-marijuana infused foods except “solely for tasting samples or internal product testing.”

    SB5131- Addressing provisions concerning marijuana with respect to research licenses, local authority notifications, the retail licensing application process, processor wholesale events, and jurisdictional requirements.

    Just signed into law by Gov. Inslee. I’ve written extensively on this bill for MJNewsNetwork, and have described it as “omnicannabis” because it is multiple bills addressing a wide variety of issues. Here’s a brief overview of what it does:

    -Medical Garden Access: Allows licensed marijuana producers to sell immature cannabis plants, clones, and seeds to qualifying patients who enter the state’s medical marijuana database. A close reading of Sec. 11 suggests authorized but unregistered patients may be able to buy seeds, this may be allowed or banned by LCB rules process.

       -Homegrow Report: The LCB must examine the viability of allowing recreational users to grow their own marijuana, with the enforcement priorities outlined in the Cole Memo as the central guidelines for their recommendation.

    -Retail License Limit: A retailer or individual “with a financial or other ownership interest in” a retail license can own up to five retail licenses.

    -Forfeiting Licenses: Require the LCB forfeit retail licenses which have been issued but are not operational and open to the public unless the delay is due to circumstances beyond the licensee’s control, for example if the licensee has been unable to open because of a local moratorium, ban, or because zoning, licensing or other regulatory measures prevent it from opening.

    -Gifting Marijuana: Adults can deliver marijuana each other in half the legal possession amounts so long as the pot is offered as a gift without financial remuneration so long as the marijuana shared is either in it’s original packaging, or not in public view.

    -Tribal Oversight: The LCB must get approval from a federally recognized Indian Tribe prior to granting a license on tribal land.

    -Licensing Contracts & Disclosure: Allow a licensees to enter into agreements or consulting contracts “with any individual, partnership, employee cooperative, association, nonprofit corporation, or corporation” for goods or services, trademarks, trade secrets or proprietary information. The agreement must be disclosed to the LCB, but various information and financial considerations are exempt from the state’s Public Disclosure Act.

    -Organic-Equivalent Pot: The LCB is instructed to adopt regulations for marijuana similar to products federally certified as organic. The LCB will implement regulations for marijuana to be grown similar to organic products. These products will have a uniform title and labeling.

    -Processing Hemp: The LCB must study the viability of letting licensed processors process industrial hemp. This may lead to legislation to allow processors to purchase plant material from farmers licensed to grow hemp.

    -Advertising: Significant changes focused on advertising to kids. Prohibits licensees from taking “any action directly or indirectly to target youth in the advertising, promotion, or marketing of marijuana and marijuana products, or take any action the primary purpose of which is to initiate, maintain, or increase the incidence of youth use of marijuana or marijuana products.” This includes prohibiting toys, movie/cartoon characters, or images that would pique underage interest in pot. It also bans using commercial mascots, as defined to mean “a live human being, animal, or mechanical device used for attracting the attention of motorists and passersby so as to make them aware of marijuana products or the presence of a marijuana business.” This covers staff in costume, inflatable tube displays, or sign spinners. Cities and counties can further restrict advertising, but must enforce extra limits themselves.

      -Billboards: A marijuana retailer may now only use a billboard to identify the name or nature of the business and directions to its location. Outdoor signs could not contain depictions of marijuana plants, products, or images that appeal to children. Outdoor advertising would be prohibited in “arenas, stadiums, shopping malls, fairs that receive state allocations, farmers markets, and video game arcades.” An exception allows outdoor advertising at adult-only events.

    As you see, I got a lot done, and I had help and support, but faced off with a lot of professional lobbyists whose careers or relationships in Olympia go a long way. There are bad lobbyists and corrupt special interests. But typically, with them comes big money and disproportionate influence. I talked with a woman earlier this year who said she wouldn’t trust any marijuana activist that got paid to lobby. I told her I understood, then shook her hand and told her I hoped she had just met one she could trust. I hope being open and clear about what I did, didn’t do, or hoped to do offers a small gesture that I mean well, even if I’m not the slickest salesman ever. Cannabis consumers care about fair influence after generations of laws being made ABOUT them but not WITH them.

    Are there other lobbyists publicize the oversight of themselves? Maybe, but I’ve never met any who did. In my first article about my lobbying here at MJNewsNetwork, I explained that you can find my lobbyist reporting to the state’s Public Disclosure Commission here: 

    I’m honored and humbled that any group would pay me to lobby for better pot laws. I dream of doing that more often than gaining online fame. But between my wife and me, we have a full time job, three part time jobs, and one car to get us to them. My payment from Washington NORML is a matter of record, and has been very generous, but it’s not making me rich.

    That’s fine, my getting rich is not the point. Our fight is far from over, but the battlefield is different, and organizing protests or petitions is costlier and won’t engage a voting public that largely finds pot accessible and available. Traditional lobbying carries risks, no doubt, and it’s not the same as flipping off the status quo for it’s many oppressive practices. But supporting consumer lobbying is going to get more wins in legal states than future statewide ballot efforts. The point is that the marijuana community should work together and support traditional lobbying in places with legal pot. It’s not as exciting or visible, but it’s crucial.

    The problem with gains is they have to be maintained. I’ll be speaking up for home grow, or any other legislation that makes sense next year, no matter what. I don’t know if WA NORML will have support to pay me, or anyone, to lobby. I’ll do what I can, but don’t know what time I’ll have left to do it. This has always been the struggle of volunteer activists, but these are gains worth maintaining, hopefully cannabis consumers will support WA NORML the way WA NORML has supported them (and me).

    Follow WA NORML of Facebook and Twitter

  • by Justin Strekal, NORML Political Director August 22, 2017
    Photo Credit: Carlo Allegri

    Photo Credit: Carlo Allegri

    Giving remarks to the Native American Housing Association, Housing and Urban Development Secretary Ben Carson strayed into the marijuana reform debate. Unfortunately, the doctor did not know his facts.

    Per the Flathead Beacon:

    The HUD secretary briefly strayed from his prepared remarks to note that he believed marijuana use was just as problematic as opiate abuse.

    “I’m not all that enthusiastic about marijuana because there have been numerous studies that show exposing a developing brain to marijuana can lead to lower IQs,” he said. “We already have enough people with a low IQ, and we don’t need anymore.”

    The ongoing stereotype of marijuana consumers may be funny in movies, but it runs counter to evidence based science.

    NORML has reported on three studies over the last year and a half that have come out dispelling this myth.

    In London, United Kingdom, researchers concluded, “In summary, the notion that cannabis use itself is causally related to lower IQ and poorer educational performance was not supported in this large teenage sample.”

    Data published in the Proceedings of the National Academy of Sciences led researchers to conclude: “In the largest longitudinal examination of marijuana use and IQ change, … we find little evidence to suggest that adolescent marijuana use has a direct effect on intellectual decline. … [T]he lack of a dose-response relationship, and an absence of meaningful differences between discordant siblings lead us to conclude that the deficits observed in marijuana users are attributable to confounding factors that influence both substance initiation and IQ rather than a neurotoxic effect of marijuana.”

    Researchers published in the journal Addiction wrote: “[W]e found that youth who used cannabis … had lower IQ at age 18, but there was little evidence that cannabis use was associated with IQ decline from age 12 to 18. Moreover, although cannabis use was associated with lower IQ and poorer executive functions at age 18, these associations were generally not apparent within pairs of twins from the same family, suggesting that family background factors explain why adolescents who use cannabis perform worse on IQ and executive function tests.”

    Investigators concluded, “Short-term cannabis use in adolescence does not appear to cause IQ decline or impair executive functions, even when cannabis use reaches the level of dependence.”

    Their findings are consistent with those of several other studies – including those here, here, and here– finding that cannabis use alone during adolescence does not appear to have a significant, direct adverse effect on intelligence quotient.

    Further, as to Secretary Carson’s remarks in the context of the nations opioid epidemic, it is important to note that medical marijuana access is associated with reduced rates of opioid use and abuse, opioid-related hospitalizations, opioid-related traffic fatalities, and opioid-related overdose deaths.

    Don’t let those who speak in outdated rhetoric fool you. Stay vigilant against those who maintain the systems of prohibitionist oppression.

    Click here to tell your member of Congress to join the newly formed Congressional Cannabis Caucus, to find real policy solutions to reforming our nations marijuana laws in our quest to deschedule the plant. 

  • by Jamie Kacz, Executive Director of NORML KC August 21, 2017
    NORML KC

    NORML KC

    Originally, NORML KC formed to focus on the criminal penalties. We looked towards fellow Missouri towns such as Columbia and St. Louis which had already decriminalized, and we wanted Kansas City to join those municipalities on a more progressive and tolerant path. Our initial goal was to reduce the current penalties in Kansas City for cannabis possession, remove the threat of jail time, and significantly lower the fine amount for less than 35 grams.

    On April 4th of this year, after months of building our coalitions, speaking at town halls, and utilizing media and community outreach, Kansas Citians came out to show their support at the ballot box. We all watched as the results came in and Question 5 was overwhelmingly supported by 75 percent! That number is a remarkable achievement, especially considering the local newspaper, The Kansas City Star, and Mayor Sly James came out against the measure.

    Question 5 Passed With Over 75% of the VoteQuestion 5 Passed With Over 75% of the VoteNow, as we approach our chapter’s two-year anniversary at the end of August, we have a victory in hand and our sights are now set statewide for access.

    Our grassroots group had little funding and was mainly supported by a core group of dedicated volunteers and activists who worked tirelessly gathering petition signatures to place the initiative on the ballot. We had many roadblocks and opportunities to give up, but instead, we chose to fight harder. Not only did we prove that Kansas Citians were ready to reform the city’s unjust marijuana laws, we also proved what a small group of committed activists could accomplish with passion and support from the National NORML chapter.

    But we’re not going to stop there, because the result at the voting booth on April 4th is only the beginning of our success in Kansas City, and across the state of Missouri.

    new-approach-missouri-medical-marijuanaWe are now taking the lessons of the ballot initiative and working with New Approach Missouri, a statewide medical cannabis initiative. The campaign is off to a strong start and has already collected over 50,000 signatures statewide. NORML KC is excited to be supporting this important effort, together with the other Missouri NORML chapters. United, we will bring positive change to our community and beyond.

    Click here to support NORML KC’s work with a contribution

    As part of this effort, we will be joining our fellow activists from across the country this September for the National NORML Conference and Lobby Day.

    There, we will participate in a day of panels, trainings, and briefings to both better equip us with the knowledge and confidence we need to engage members of Congress and bring back the experiences from NORML chapters throughout the country back to Missouri to be more effective in our home state.

    At this critical time in our nation’s history, we have reached an inflection point and it is essential to build the organization and power. If we could do it in KC – why not MO or DC?

    Thanks for all that you have done, are doing, and will do in the future. We’re only going to win when we work together.

    Jamie Kacz is the Executive Director of NORM KC, and the architect of the successful 2017 ballot initiative which decriminalized marijuana in Kansas City.

    Click here to support NORML KC’s work with a contribution

    You can follow NORML KC on Facebook and Twitter

  • by Justin Strekal, NORML Political Director August 17, 2017

    3410000930_95fc2866fa_zLast week, a US District Court blocked federal prosecutors from continuing a case against a medical marijuana cultivation company as a result of the current, albeit limited, congressional protections from the Department of Justice.

    LA Weekly reported:

    Humboldt County growers Anthony Pisarski and Sonny Moore had already pleaded guilty to federal allegations (conspiracy to manufacture and possess with intent to distribute) but sought an evidentiary hearing based on legislation, first enacted in 2014, that prohibits the U.S. Department of Justice from cracking down on cannabis suspects who are otherwise following their state laws. The Rohrabacher-Farr amendment is a budget rider, co-authored by SoCal U.S. Rep. Dana Rohrabacher, that prevents enforcement and prosecution in medical marijuana states by stripping funding for such endeavors.

    U.S. District Court Judge Richard Seeborg on Tuesday stayed the prosecution, so the case is closed unless the Rohrabacher-Farr amendment expires and fails to be re-enacted and federal prosecutors want to resume their case. The defendants’ Beverly Hills attorney, Ronald Richards, says: “This is the first time in my 23-year career I’ve had a case stopped because of an appropriations rider.

    “What the court did in this case may be used as a blueprint for other cases,” he says. “It opens the door for people not to get scared.”

    In response to this verdict, California NORML Executive Director Dale Gieringer said, “It’s significant that a federal court ruled that people targeted by feds and in compliance with California’s medical marijuana laws ruled in the defendants’ favor.”

    The Judge’s verdict was predicated on a previous ruling, United States v. McIntosh, a Ninth Circuit decision last year that upheld a medical marijuana defense for those facing federal prosecution in lawful medical states.

    “This is the first case I’m aware of where McIntosh was cited and used to full effect,” continued Gieringer.

    On July 27, Senator Patrick Leahy (D-VT) successfully offered and passed the Rohrabacher-Blumenauer amendment in the Senate Appropriations Committee to maintain this protection for lawful medical marijuana programs from the Department of Justice.

    You can send a message to your Representative to support this language in the House by clicking HERE. 

     

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