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Cannabis Legalization

Hawaii to Decriminalized Cannabis

Jordan Webber

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Hawaii Decriminalize Cannabis

The state of Hawaii recently announced that it no longer considers possession of small amounts of cannabis a criminal offense. The decriminalization makes Hawaii one of the states and territory of the United States’ jurisdiction to do so.

Hawaii is recognized as the first state to legalize medical marijuana back in 2000. Governor David Ige clarified that the state is not yet ready to legalize the use of marijuana for recreational purposes. Moreover, Ige “declined to sign” the law that decriminalized possession in small amounts.

However, the law will be implemented on January 11, 2020, despite the lack of the governor’s signature. This occurred because Ige failed to make his move before the deadline to veto the legislation.

With this bill in place, individuals who carry small amounts of marijuana will not be charged with a misdemeanor. The law states that individuals with “3 grams or less of weed” will be fined $130. No jail time applies for such instances.

In the past, a misdemeanor charge in Hawaii warrants up to 30 days in prison. A penalty of $1000 in fines also applied.

According to the governor of Hawaii, there are aspects of the legislation which “[he does not] like.” Ige also did not place the law on the list of laws he is deliberating for a veto.

In a news conference, the governor said that he did consider the decriminalization legislation. However, he expressed disapproval of the lack of stipulations regarding substance abuse treatments for younger individuals.

Ige remarked that while Hawaii continues to study issues encountered by other states with legal recreational marijuana, legalizing the recreational use is not yet on the agenda. He also emphasized that governors of other states “acknowledge significant problems with those measures.”

Meanwhile, eleven states (including Washington, D.C.) have laws that legalized recreational cannabis. In the latest development, Illinois is the first state to have a recreational marijuana legalization law that was signed by the state’s government. The state also allowed residents to appeal their convictions.

All other laws for recreational marijuana were made possible by ballot initiatives.

The governor’s legislation history regarding cannabis includes two vetoes for marijuana bills, which the legislature passed. He also shot down a law intended to legalize the transportation of medical marijuana from one island to another. He also prevented the passing of another law which intended to create a licensing process for industrial hemp.

 

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Benefits of Medical Marijuana

DC Opens Marijuana Dispensaries to Out-of-State Patients

Daniel King

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DC Opens Marijuana Dispensaries

On Thursday, August 8, Mayor Muriel Bowser of Washington, DC announced that they will now accept medical marijuana cards from patients coming from any of the states in the U.S. with equivalent medical marijuana programs.

The new program will allow patients to purchase up to four ounces of medical marijuana each month. Patients from other states will only need to show their state-issued medical marijuana dispensary card to buy their medicines at any D.C. dispensary.

“This emergency rulemaking is patient-centric,” said Mayor Bowser in a statement. “It ensures medical marijuana patients from other states can obtain their needed medicine. It will also promote public safety by allowing visitors to obtain their medicine at one of the District’s six — soon to be seven — authorized marijuana dispensaries rather than forcing them to go without or patronizing the illegal market.”

The new policy will now expand the list of reciprocal acceptance from 19 to 27 states. The new additions include Alaska, Arizona, Arkansas, California, Nevada, New Mexico, New York, and Vermont. The District is also currently reviewing four other states to include in the list, namely Louisiana, Minnesota, Oklahoma, and West Virginia.

DC’s Medical Marijuana Reciprocity Amendment

First introduced in 2016, the Medical Marijuana Reciprocity Amendment includes a reciprocity arrangement that allows medical marijuana users to use their out-of-state registration cards to purchase medical cannabis in the District. The amendment took effect in April of 2018 and approved 19 states as part of its list of reciprocal acceptance. Under the said policy, patients enrolled in a medical marijuana program from other jurisdictions can access medical marijuana in the District of Columbia.

A year later, Mayor Bowser proposed the Safe Cannabis Sales Act of 2019, which allows the sale of recreational cannabis in Washington, D.C. with a 17 percent tax. It requires cannabis-focused businesses to meet a threshold of 60% ownership by D.C. residents, and 60% DC-native employees.

“We want to be able to regulate, we want to be able to make sure we are collecting our fair share in taxes, we want to invest those taxes in ways that affect communities that have been disproportionately affected, and we want to train and hire DC residents,” she said at the time. The bill is currently under DC Council review.

The latest emergency rulemaking is regarded by many to have opened an avenue for non-resident patients to access medication when visiting the nation’s capital.

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Cannabis Legalization

Washington State Legislators OKs Cannabis Social Equity Bill

Jordan Webber

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Washington’s cannabis industry is poised to welcome diversity among licensees after state legislators approved a bill last week that would introduce the state’s first Marijuana Social Equity Program. The measure, named House Bill 2870 (HB 2870), now awaits on Gov. Jay Inslee’s desk for final approval.

If signed into law, the bill will enable the Liquor and Cannabis Board (LCB) to issue forfeited, canceled and revoked retail licenses to applicants that are members of communities excessively impacted by the War on Drugs.

As written in the bill, the measure’s main objective is to benefit “individuals who have been arrested or incarcerated due to drug laws, and those who have resided in areas of high poverty, suffer long-lasting adverse consequences, including impacts to employment, business ownership, housing, health, and long term financial well-being.”

The program is set to last for eight years, spanning from December 1, 2020 to July 1, 2028, and will cost applicants a total of $1,480 for new social equity licenses.

Prior to the approval, The House originally passed an earlier version of the bill in February this year, with the intention to address racial inequity within the cannabis industry.

Democratic Rep. Eric Pettigrew, the one who sponsored the bill, described the road towards the final bill as a long yet worthwhile struggle.

“I had a chance to meet with some proponents and opponents a little more … and really came to understand that this is beyond the issue of licenses,” Pettigrew said. “This is potentially a different distribution of wealth as we move forward in this industry.”

He, along with the help of stakeholders including Paula Sardinas of the Commission on African American Affairs drafted the proposal.

“We believe we need an LCB that is more reflective of the community it serves,” she said. “It should also have a culture that mirrors the Department of Financial Institutions where education, compliance, and training are priorities along with enforcement,” Sardinas commented.

In 2012, Washington became the first U.S. state to legalized recreational use of marijuana. However, eight years after, the state’s cannabis industry is still struggling with diversity. In a report from the Washington State Commission on African American Affairs, less than 1% of the state’s over 500 recreational cannabis licenses were owned by African Americans.

“Initiative 502 missed an opportunity to incorporate a focus on social equity,” said Rick Garza, the director of the LCB, at the time the bill made its way through the legislature. “The history of cannabis prohibition shows abundant evidence there was disproportionate harm in communities of color, and that those harmful effects remain with us today.”

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Cannabis Legalization

ACT Legalizes the Adult-Use of Recreational Cannabis

Stacey Wellington

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Adult-Use of Recreational Cannabis

After months of waiting, residents of the Australian Capital Territory (ACT) now have access to legal adult-use cannabis, said SBS News. This legalization came after the ACT Legislative Assembly voted for the then-proposed bill back in September 2019, according to a report by The Guardian.

Last  January 31, 2020, residents of legal age will be able to carry a maximum of 50 grams. This new law will also allow them to grow up to two cannabis plants. Adults will also be able to carry up to 150 grams of “wet” cannabis. As the law legalizes marijuana for private and adult-use only, users are urged to keep the plant away from the public eye and children.

ACT citizens have expressed optimism about this development. One resident was pleased with this development and is hopeful about the benefits of the plant.

‘Opposed to the legalization of Recreational Cannabis in ACT’

This development was frowned upon by the Federal Government, which issued a warning to ACT residents. According to SBS News, the government said that residents “would still be breaking Commonwealth law” when they consume recreational cannabis, despite its legalization in the Australian capital.

During a speech to the National Press Club, Prime Minister Scott Morrison states that “states will make their own decisions according to priorities and complexions of their own government.” However, he emphasized that he “would expect the federal law enforcement agencies to press the law.”

ACT Chief Minister Andrew Barr noted that this development is progress when it comes to drug reform. Barr said that state law enforcement would be focusing on organized crime and large-scale production of illegal drugs. Moreover, this action seeks to make it clear that the state government does not want to penalize or stigmatize users.

Meanwhile, Dr. Nicole Lee from the National Drug Research Institute is optimistic about this decision. She criticized the stigma created by the war on drugs, saying that this campaign has pegged marijuana issues as a criminal justice matter.

By legalizing the plant, Lee said that cannabis will become a health and human rights issue. She emphasized that the negative effects of long-term excessive use will still persist even without legalization. According to her, legalization will make it easier for users to get the help they need.

In light of this move by the capital, New Zealand is also mulling on the legalization of the plant. It will hold a referendum in September.

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