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Deputy cites Minnesota speedster for cannabis

Driver travelling 55 km/h over the posted limit initially denied having cannabis in the vehicle before fessing up.

A Minnesota man apparently decided it was best to fess up to the illegal cannabis inside his vehicle after getting pulled over for driving 160 kilometres per hour in a 105 km/h zone.

After witnessing the clear breach, a deputy with the Osceola County Sheriff’s Office stopped the 26-year-old speedster from Mendota Heights at about 5:25 p.m. on Jan. 23, according to NWest Iowa. The stop occurred on the Highway 60 expressway about eight kilometres from Sibley.
 
Citing the police incident report, the publication reports that upon approaching the Kia Sportage, the deputy smelled cannabis. Although the driver initially said “no” when asked if there was weed in his vehicle, he seemed to change his mind after consenting to a vehicle search.

Although the police do not specify the amount, some cannabis was discovered after the man admitted he had some on-board and, in fact, showed the deputy where it was.

While medicinal marijuana is legal in Minnesota, recreational cannabis is not. According to Minnesota Lawyer Referral, possessing or selling 42.5 grams or less of cannabis in the state is a misdemeanour carrying a maximum fine of US$200 ($252). Above that amount, however, and a person will face a felony charge punishable by as long as five years in prison and a fine of up to US$10,000 ($12,600).

The driver has been cited on charges of first-offence possession of a controlled substance and speeding.

The need for speed has been an issue for many a driver subsequently found with illegal cannabis.

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Thailand becomes first country in Asia to decriminalize marijuana

Thailand on Tuesday became the first country in Asia to approve the de facto decriminalization of marijuana, though authorities have left a grey area around its recreational use.

Health Minister Anutin Charnvirakul announced that the Narcotics Control Board had approved the dropping cannabis from the ministry’s list of controlled drugs. The delisting by the ministry’s Food and Drug Administration will now need to be formally signed by the health minister and enters into effect 120 days after its publication in the government gazette. It follows the removal of cannabis — a plant species to which both marijuana and hemp belong — last month from the list of illegal drugs under Thailand’s Narcotics Law.

Police and lawyers contacted by The Associated Press said it was unclear if possession of marijuana would no longer be an offense subject to arrest. A tangle of related laws means that production and possession of marijuana remains regulated for the time being, leaving the legal status of recreational marijuana use in a grey area.

The Health Ministry measure retains on its list of controlled drugs parts from the cannabis plant that contain more than 0.2% by weight of tetrahydrocannabinol, or THC, the psychoactive ingredient that gives users a high.

Thailand in 2020 became the first Asian nation to decriminalize the production and use of marijuana for medicinal purposes.

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Drug Task Force finds handgun, cash, marijuana during drug-dealing arrest

The Wayne County Drug Task Force caught a Richmond man again. Kenton Ray Bennett Jr., 33, was arrested Tuesday during a traffic stop made by first-shift Richmond Police Department patrol officers, according to a Drug Task Force news release. Bennett was convicted and sentenced in March 2016 after a previous arrest by the Drug Task Force.

On Tuesday, Bennett was arrested on a warrant that resulted from a lengthy Drug Task Force investigation into the sale of illegal narcotics, the release said. The warrant charged Bennett with two Level 4 felony counts of dealing heroin and fentanyl.

During the stop, officers located a handgun, cash and marijuana inside the vehicle. That resulted in additional preliminary charges of Level 4 felony possession of a firearm by a serious violent felon and misdemeanor possession of marijuana.
 

Bennett was lodged in the Wayne County Jail with bonds totaling $38,000. A bond of $17,500 was set when the arrest warrant was issued; the new charges carry bonds of $20,000 and $500.

The 2016 convictions for Level 5 felony dealing heroin and Level 5 felony dealing cocaine qualify Bennett as a serious violent felon. He was sentenced to two years of incarceration and one year of probation for those convictions, which resulted after he sold cocaine and heroin to a confidential informant.

Bennett also has a previous misdemeanor conviction for possession of marijuana.

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Wisconsin Senate Republicans vote against recreational cannabis

Republicans in the Wisconsin Senate stopped an effort by Sen. Melissa Agard (D-Madison) to force a vote on legalizing the recreational use of cannabis. The Senate took up a bill Tuesday that would increase penalties for a person who uses a butane torch to extract resin from a cannabis plant. Agard introduced an amendment to the bill that, instead of making penalties harsher, would have completely legalized all uses of cannabis. 

Agard said she was introducing the amendment because if the goal of the bill is to increase public safety, then increased criminalization is not the direction to go — especially since most of Wisconsin’s neighboring states have legalized either medicinal or recreational use. Republicans in the Senate killed Agard’s effort by voting that the amendment was out of order and not “germane” to the initial bill.  The original bill, without Agard’s amendment, passed on a 20-12 party line vote.

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Man charged with growing marijuana, having weapons of mass destruction

A man was arrested after police allegedly busted a marijuana growing operation and found weapons of mass destruction. George Costas Skouras, 44, allegedly grew and sold marijuana at his Springettsbury Township home. Springettsbury Township Police served a search warrant Thursday and discovered "a large marijuana growing operation," according to court documents. Police also found mushrooms and powder that was being compressed into pill form, according to a criminal complaint.

Skouras is facing a felony charge of possessing weapons of mass destruction after officers found several firearms in his residence, police said. It's unclear what those weapons were. He's also charged with three counts of felony manufacture, delivery or possession of drugs. He was arraigned Thursday before District Judge Thomas J. Reilly and released on $25,000 bail. A preliminary hearing is scheduled Feb. 3 before District Judge Barry L. Bloss Jr.

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What's the state of cannabis in the Empire State?

A candid conversation with a local cannabis consultant about what's going on in New York.

The race for New York has begun. All types of entrepreneurs looking to enter the state's cannabis marketplace are busy preparing for the soon-to-be-released application process. Hemp farmers are poised to switch to marijuana crops, legacy entrepreneurs are operating in the open, regulators are shaping the laws, and no one is excited about opening the borders.

I spoke to Kalean Castetter, a long-time upstate resident, son of a legacy grower, owner of a hemp-infused wine company, and now cannabis consultant, to get his insights into how things are shaping up in New York.

Please share your background.

I've always had a passion for policy and helping entrepreneurs understand the regulatory frameworks of legislation. Towards the end of last year, I decided to completely step away from the hemp wine business and focus on my consulting practice, The Castetter Cannabis Group. We're a boutique firm. We do government relations lobbying advocacy. We help entrepreneurs understand the legislation, forecast regulations, and develop a business plan around it. 

Who are the entrepreneurs you work with who are looking to enter the New York marketplace? 

I've developed a reputation for working with small players like social equity applicants, people of color, and legacy operators—New Yorkers who are hungry for an opportunity and have unique and innovative ideas. I have clients in Niagara Falls, and I have clients in Harlem. We hold a summit in December, where our clients come together to meet and share their expertise and experience. Because of prohibition at the federal level, we're going to develop supply chains and relationships from upstate and downstate where people have not been connected for a long time. I think that's going to be a huge cultural change in bringing communities together.

But many private equity-backed entrepreneurs, MSOs, and ROs are all looking at this opportunity from a dollars and cents perspective. And a lot of the money they make will leave the state, and we won't create wealth in this community. So, I think they should move to the back of the line.

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As Missouri looks to legalize recreational marijuana, expungement gets renewed attention

Legal experts worry expungement proposals currently being considered might cause more harm than good

The push to legalize recreational marijuana use in Missouri is coming from multiple directions, with a handful of proposed initiative petitions and at least one bill, and potentially more, backed by Republican lawmakers. 

Each hopes to place the issue on the 2022 ballot for voter approval.

And each proposal also includes a provision that, while often overlooked in the marijuana debate, is considered a transformative piece of the legalization puzzle — the expungement of nonviolent marijuana offenses from criminal records. 

The proposals differ on how they handle expungement. 

Some propose an “automatic” system that would have the courts identify the old offenses and seal them on people’s records. Others would require people to submit a petition and pay a fee.

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Florida’s roadmap to cannabis legalization

The wait for legal cannabis in Florida may continue longer than proponents planned, but if everything goes accordingly from a planning and preparation standpoint, the wait may be worthwhile for consumers.

Ever since Colorado and Washington became the first states to legalize recreational cannabis use about a decade ago, dozens of other states have followed in their footsteps. In fact, nearly half of the states in the country have recreational cannabis laws on the books now, which makes one curious as to where Florida is on cannabis legalization.

There is medical marijuana available in the state, which leads one to believe that the legalization of recreational cannabis isn’t too far away. Cannabis legalization could be an economic driver for Florida that’s tough to rival. Here are some key insights about the path to cannabis legalization in the Sunshine State.

Status of Medical Marijuana  

Medical marijuana was initially introduced to Floridians back in 2019. Florida SB 186 signed into action by Florida Governor Ron DeSantis allows Florida residents to possess and consume up to 2.5 ounces of dry herb cannabis every five weeks. Physical possession of a medical marijuana card is necessary for avoiding prosecution from police.

While Florida medical marijuana patients aren’t allowed to grow their own cannabis, there are numerous dispensaries throughout the state they can purchase from. The amendment allowing for the medical marijuana bill to be signed into law was placed on the ballot of the 2016 election. It passed by an overwhelming majority of 71.3% to 28.7. Some of the conditions that allow Florida residents access to medical marijuana include Lupus, Migraines, Arthritis, HIV along with a handful of others.
 

Biggest Obstacles to Legal Recreational Marijuana  

Florida voters demonstrated glaring support for medical marijuana sales in the state. Taking that into consideration, it’s fair to question what barriers cannabis advocates face when it comes to getting it legalized recreationally in the state.

According to Deputy Director of the Center for Effective Public Management for The Brookings Institution, John Hudak, there’s no bigger obstacle for cannabis legalization in Florida than the Governor himself.

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New York predicts $1.25 billion in pot tax revenue over six years

New York is looking at major revenue from cannabis sales over the next six years according to Governor Kathy Hochul.

New York is poised to collect $1.25 billion in revenue from taxes on legal cannabis sales, according to a budget projection from Democratic Governor Kathy Hochul released on Tuesday. The revenue projections are included in the state budget for next year, which includes significant investment in projects designed to continue the economic and social recovery from the ongoing coronavirus pandemic.

“We have the means to immediately respond to the COVID-19 pandemic as well as embrace this once-in-a-generation opportunity for the future with a historic level of funding that is both socially responsible and fiscally prudent,” Hochul said in a statement from the governor’s office.

New York’s state budget for the 2023 fiscal year, which is detailed in an 85-page briefing book from the governor’s office, anticipates $56 million in cannabis revenue, including $40 million collected from license fees on cannabis businesses. State lawmakers legalized recreational cannabis last year, and since taking office in August Hochul has vowed to expedite the regulation of adult-use cannabis stalled by Andrew Cuomo, the former governor who resigned last summer because of a sexual harassment scandal.

Over the next six years, the governor’s office predicts that the state will collect more than $1.25 billion in revenue from taxes and fees on recreational cannabis, with the annual total increasing as more producers, processors and retailers launch their operations. Cannabis tax revenue is expected to increase to $95 million in fiscal year 2024 and reach an estimated $363 million in 2028.

New York Budget Projections Include Revenue from Cannabis ‘Potency Tax’

The taxes on New York’s cannabis industry include a nine percent excise tax and another four percent tax for local governments. The state’s regulations also include a separate tax on THC, with the amount of tax collected rising as the potency of a product rises.

David C. Holland, a New York attorney with extensive experience in cannabis policy and law, says that the “THC potency tax at first seems like the state gouging revenue but, in fact, some view it as being an ingenious, recession-proof tax for the state to receive predictable revenue.”
 
Holland explained that the tax on THC is levied at a rate ranging from $0.005 (one-half of a penny) per milligram of THC up $0.01 (one cent) per milligram, depending on the form of the cannabis product (i.e. dried flower, extracts or edibles). For example, an edible with 10 mg of THC would be assessed a tax of 10 cents, while a 100mg edible would be taxed one dollar. The THC tax is levied on wholesale transactions, when products are transferred from distributors to retailers.
 
Holland, who is also the co-founder and president of the NYC Cannabis Industry Association, noted that the tax on THC provides the state government with a revenue stream that is not dependent on the ups and downs of the economy.
 
“What makes it recession-proof is that the price per pound of cannabis, whether $1,000 in times of shortage, or $200 in times of surplus is irrelevant—the tax on potency remains a constant due to the THC concentration of the raw or processed product, and that tax is uniform across all product lines,” Holland wrote in an email to High Times.
 
“As such, the tax is really a more predictable revenue source for the state and insulates it against the boom-and-bust cycles of crop cultivation and the idiosyncrasies of market consumers in the forms of cannabis they choose.”
 
Revenue raised by the nine percent state excise tax will be divided among several social programs, with 40 percent going to education, 40 percent to community reinvestment, and the remaining 20 percent devoted to substance abuse treatment. Income from the additional four percent tax will be shared by local governments, with counties receiving 25 percent and 75 percent going to cities, towns and villages. 
 
The launch date for legal sales of adult-use cannabis in New York has not yet been determined, but is expected to come later this year or in early 2023.
 
 
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Austin, Texas cannabis decriminalization initiative set for ballot in May

The Austin Freedom Act of 2021 also aims to ban dangerous ‘no knock’ warrants.

Officials in Austin, Texas have officially given the green light to a cannabis decriminalization initiative now set to appear in an upcoming ballot. On January 18, the Austin City Council in Texas voted to allow the ballot initiative known as the “Austin Freedom Act of 2021” on the upcoming special election on May 7. The Act will stop local law enforcement from convicting residents of low-level cannabis offenses, and will prohibit “no knock” warrants by police as well.

The initiative is supported by an organization called Ground Game Texas (GGT).

“Thanks to the tireless efforts of the on-the-ground organizers from Ground Game Texas and partner organizations, Austin residents will soon have the ability to make lasting change to our antiquated and racist criminal justice laws,” said Ground Game Texas Political Director Mike Siegel when the organization first received approval from the City Clerk in December 2021.

“With successful campaigns like these, Ground Game Texas will continue to empower and excite communities around progressive change—and deliver for the marginalized communities that too often get left behind.”

The group collected 33,332 signatures, although only 20,000 was necessary. State law requires that 25 percent of randomly selected signatures needs to be verified, which came up to 8,334 of the signatures. Of those, 2,455 were disqualified (due to duplicates, missing signature or other reasons), but the remaining 5,879 passed the test.

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Mississippi House approves amended medical marijuana bill — here’s what’s in it

When, or if, the Senate approves the changes and Gov. Reeves signs the bill, the program regulating and selling cannabis to registered patients will kick off later this year.

The Mississippi House of Representatives passed an amended version of the Senate’s medical marijuana bill on Wednesday, lowering the amount of cannabis a patient can purchase each month.

What Happened

The measure was approved on a 104–14 vote. The changes addressed concerns raised by Gov. Tate Reeves (R), who repeatedly called for lawmakers to lower the amount, Marijuana Moment reported.

The legislation allows patients to purchase the equivalent of 3.5 grams of marijuana (or 1 gram of cannabis concentrate) daily, with a maximum monthly limit of 3 ounces. The maximum monthly amount of cannabis that can be purchased passed by the Senate was 3.5-ounces.

Rep. Lee Yancey (R), who chairs the House Drug Policy Committee, and who has been working with the bill’s lead sponsor, Sen. Kevin Blackwell (R), expects that the legislature will increase the amount in the future.

“When I got involved in this bill, I said, ‘How can we build a wall around this program, so the people who get it are the people who need it the most, and only the people who need it the most?'” Yancey said.

“This is not for everybody out on the street. This is not for a bunch of kids. This is for hurting people with debilitating conditions.”

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Marijuana legalization is an uphill battle

Weed isn’t going away.

This leafy green plant has been popular in the US since the 17th century. Demand for rope, clothing and sails resulted in a thriving hemp industry for over two centuries. Eventually, imports met this demand, but tetrahydrocannabinol (THC), the main psychoactive ingredient in cannabis, remained in over-the-counter medication well into the 19th century.

As you may already know, pot’s fall from grace came after the Mexican Revolution, when Mexican immigrants flooded into the southern U.S., bringing recreational cannabis use with them. Dubbed “the Marijuana Menace,” anti-drug campaigns did their best to associate cannabis with the distrusted immigrant population. By the 1920s, over half of the U.S. had banned its use.

In 2015, almost a century later, North Carolina lawmakers finally rescinded their prohibition on commercial hemp production. While the NC hemp sector is still relatively new and relies on farming subsidies to compete with cotton in the textile industry, new farms crop up every year.

Unfortunately, THC-rich cannabis hasn’t received such amnesty, despite a wealth of bills proposing its legalization.

Last summer, I attended an event hosted by the Wake Libertarian Party. During this well-attended seminar, NC House Democrat Alison Dahle answered questions regarding her recently proposed House Bill 617, which would provide sweeping legalization for adults at least 21 years of age to own and use marijuana in NC. It also included an outline for regulating a commercial cannabis market and criminal justice reform, including expunging criminal records for drug crimes made legal by the bill.

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DSPD uncovers pounds of marijuana and thousands of dollars during traffic stop

A late night traffic stop by the Denham Springs Police Department led to the seizure of 5.35 pounds of marijuana and more.

A little before 10:30 p.m., on Tuesday, January 18, officers stopped an SUV. Along with marijuana, officers found a “‘dab’ pen, two THC Cartridges and $4,060,” according to the Denham Springs Police Department.

DSPD apprehended the driver who now faces these charges: (create list below)

Possession with the intent to distribute sch.1 drugsLicense plate light required
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Maricopa community colleges get $17.1M from cannabis tax in first year of legality

Taxes from the sale of recreational cannabis during the first year of legality in Arizona resulted in millions of dollars for local community colleges, officials said Tuesday.

Maricopa County Community College District received $17.1 million from the imposed 16% excise tax on the drug, with the money being used to improve student offerings, the district said in a press release.

The district said it has earmarked $7.6 million of the funds toward 35 career-specific training programs, with focuses including beauty and wellness, healthcare, and trades and technology.

Voters passed the legal use of recreational marijuana in 2020, with the sale beginning in mid-January last year, according to the release.
 
Consumers spent approximately $513.5 million in Arizona on marijuana during the 2021 calendar year, the district said, with projections estimating the community colleges could receive $16 million annually from the tax for the first few years with gradual increase.

The district said community colleges get the most funding from the tax at 33%, followed by municipal police and fire districts (31.4%), the Highway User Fund (25.4%), the Justice Reinvestment Fund (10%) and 0.2% to the attorney general.

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Kentucky marijuana legalization 2022: Kulkarni pushes to decriminalize cannabis

The decriminalization and legalization of marijuana in Kentucky will improve the state's criminal justice system, Kentucky Rep. Nima Kulkarni said.

The lawmaker gathered with other proponents of the initiative Monday to push for action on the issue during this year's legislative session, WLKY reported.

Kulkarni, who noted that Kentucky is currently among the 14 states that have neither decriminalized nor approved the adult use of marijuana, introduced House Bills 224 and 225 on Jan. 5.

The former would decriminalize marijuana and expunge certain previous convictions related to the substance, while the latter would allow anyone aged 21 or older to possess, use, buy or sell up to an ounce of cannabis without criminal penalties.

"You can't have one without the other, and I have been very clear that I am not going to sign onto legalization legislation if we don't include decriminalization," Kulkarni explained.

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Kansas and California cops used civil forfeiture to stage armored car heists, stealing money earned by licensed marijuana businesses

The Institute for Justice argues that the seizures violated state law, federal law, and the U.S. Constitution.

Because the continued federal prohibition of marijuana makes banks and payment processors leery of serving state-licensed cannabis suppliers, many of those businesses rely heavily on cash, which exposes them to a heightened risk of robbery. As a new federal lawsuit shows, that danger is not limited to garden-variety criminals. It includes cops who use federal civil forfeiture laws to steal money earned by state-legal marijuana businesses.

Five times since last May, sheriff's deputies in Kansas and California have stopped armored cars operated by Empyreal Logistics, a Pennsylvania-based company that serves marijuana businesses and financial institutions that work with them. The cops made off with cash after three of those stops, seizing a total of $1.2 million, but did not issue any citations or file any criminal charges, which are not necessary to confiscate property through civil forfeiture. That process allows police to pad their budgets by seizing assets they allege are connected to criminal activity, even when the owner is never charged, let alone convicted.

Empyreal, which is represented by the Institute for Justice, argues that the seizure of its clients' money violated state law, federal law, and the U.S. Constitution. In a complaint it filed last Friday in the U.S. District Court for the Central District of California, Empyreal says it is "entitled to protection from highway robberies, regardless of whether they are conducted by criminals or by the Sheriff and federal law-enforcement agencies acting under color of law."

On May 17, Dickinson County Sheriff's Deputy Kalen Robinson pulled over one of Empyreal's vans on Interstate 70, ostensibly because the Colorado tag number was partially obstructed by the license plate frame. Robinson grilled the driver, who explained that she planned to pick up cash from licensed medical marijuana dispensaries in Kansas City, Missouri, the next day, then take it to a credit union in Colorado, which would entail traveling through Kansas again on the same highway. Robinson let the driver proceed on her way without issuing a citation, but the federal Drug Enforcement Administration (DEA) kept an eye on the van the following morning as it visited the Missouri dispensaries.

Later that day, Robinson stopped the van again as it traveled west on Interstate 70, seizing more than $165,000 in cash from its vault. In September, the Justice Department filed a civil forfeiture complaint seeking to keep the money. If the government prevails, the Dickinson County Sheriff's Department will get up to 80 percent of the loot under the Justice Department's "equitable sharing" program.

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Illegal marijuana winning out in California 5 years after Proposition 64

On an isolated farm, greenhouses stand in regimental order, sheltered by a fringe of trees. Inside are hundreds of head-high cannabis plants in precise rows, each rising from a pot nourished by coils of irrigation tubing. Lights powerful enough to turn night into day blaze overhead.

In the five years since California voters approved a broad legal marketplace for marijuana, thousands of greenhouses have sprouted across the state. But these, under their plastic canopies, conceal a secret.

The cultivator who operates the grow north of Sacramento holds a coveted state-issued license, permitting the business to produce and sell its plants. But it’s been virtually impossible for the grower to turn a profit in a struggling legal industry where wholesale prices for cannabis buds have plunged as much as 70% from a year ago, taxes approach 50% in some areas and customers find far better deals in the thriving underground marketplace.

So the company has two identities — one legal, the other illicit.

“We basically subsidize our white market with our black market,” said the cultivator, who agreed to speak with The Associated Press only on condition of anonymity to avoid possible prosecution.

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Democratic Senate candidate smokes marijuana in new ad highlighting disparity and reform

Gary Chambers is running for a Senate seat in Louisiana.

Progressive activist and Democratic U.S. Senate candidate Gary Chambers Jr. smokes marijuana in a field in New Orleans while talking about marijuana reform in his first campaign ad.

On Jan. 1, smokeable medical marijuana became legal in Louisiana under certain conditions. But the use of cannabis has been a question asked of politicians for decades.

The Democrat Party's position on marijuana use has shifted over the years.
 
President Joe Biden has publicly promised to automatically expunge all prior cannabis use convictions as well as decriminalize the use of cannabis. He said he supports the legalization of medicinal marijuana.
 
Five White House staffers, however, have been fired due to past drug use which included marijuana.
 
The Office of Personnel Management in 2021 released a memo stating past marijuana use should not be the sole reason a candidate for a government position should be deemed unfit.
 
The government’s shift on marijuana use follows the change in Americans' views on the drug. A Pew Research Center survey in April found that 91% of Americans believed marijuana should be legalized. Sixty percent told Pew that legalization should be for both recreational and medicinal usage.
 
Only 8% of respondents said it should not be legal for any adult use.
 
Chambers, who is Black, opens the new ad titled "37 Seconds" by lighting and smoking a joint as a stopwatch clicks in the background.
 
He says someone is arrested for possession of marijuana every 37 seconds.
 
“Black people are four times more likely to be arrested for marijuana laws than white people. States waste $3.7 billion enforcing marijuana laws every year,” he goes on.
 
In 2021, a Louisiana law decriminalized the possession of up to 14 grams of marijuana. The fine is now $100 or less and no jail time.

Also last year, the New Orleans City Council pardoned 10,000 cases of marijuana possession for anyone convicted after 2010.

Chambers, who has never been arrested, ended the ad saying, “Most of the people police are arresting aren't dealers, but rather people with small amounts of pot, just like me.”

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Bill to combat marijuana-related impaired driving should be rejected

There is no blood, saliva, or breathalyzer analysis that can ascertain whether a person who has used marijuana is actually impaired.

Prompted by the Commonwealth’s legalization of marijuana and growing concerns about an increase in impaired driving, Governor Charlie Baker has refiled the Trooper Thomas Clardy Law, which states that the presence of any intoxicating substance or its metabolites in a driver’s system, as indicated by breath analysis or a chemical test of blood or “oral fluid,” shall be admissible as evidence of that individual being under the influence. Mitigating marijuana-impaired driving is a public safety priority, but testing for marijuana use rather than actual impairment is a wasteful and scientifically invalid approach that would be successfully challenged in the courts.

These tests can indeed detect THC, the primary psychoactive chemical in marijuana, but in fact, there is no blood, saliva, or breathalyzer analysis that can ascertain whether a person who has used marijuana is actually impaired, and there is no level of THC in blood or oral fluid that can discriminate between an impaired and unimpaired person. As reported in a 2017 US Department of Transportation report to Congress, “the level of THC in the blood and the degree of impairment do not appear to be closely related.” Moreover, THC collects in fat and other body tissues, but then slowly reenters the bloodstream. Thus, even after a few weeks of non-use, a drug test for THC may still show evidence of past marijuana use, long after any impairment has passed.

Notably, courts in Oklahoma (Rose v. Berry Plastics Corp.) and Arizona (Whitmire v. Wal-Mart Stores Inc.), persuaded by the scientific evidence, have ruled that a positive drug test does not justify firing an employee who is a medical marijuana patient unless there is also evidence of impairment. It seems inevitable that judges will apply this same line of reasoning to roadside testing of suspected impaired drivers.
 
Should law enforcement officers instead use the Standardized Field Sobriety Test, as they do with drivers suspected of being alcohol-impaired? No, because researchers have shown that this method does not reliably measure impairment from marijuana. Its key component is the horizontal gaze nystagmus test, a procedure approved by the National Highway Traffic Safety Administration for observing whether drivers have jerky, uncontrollable eye movements as they try to track a small object that is moved from side to side. Based on research, the proposed law’s acceptance of the horizontal gaze nystagmus test as a reliable field sobriety test is badly misinformed.

But what would be better to address impaired driving — whatever the cause — is a fast, reliable, and objective measure of impairment that can be used during a traffic stop. In short, effective law enforcement requires assessing impairment, not substance use. This is why our company, Impairment Science Inc., developed an app to assess impairment. Used on a smartphone or tablet and taking only three minutes, the Druid app features four game-like tasks that measure reaction time, decision-making accuracy, eye-hand coordination, balance, and the ability to perform divided-attention tasks. Independent researchers have validated Druid’s ability to detect impairment due to alcohol and marijuana. Presently, Druid can be used by employers with workers in safety-sensitive jobs, but work to adapt the app for use during roadside stops is only now underway.

Developing a reliable and objective measure of impairment for roadside stops is essential, but calls to use the mere presence of THC in a driver’s system to define legal impairment must be resisted. The Legislature should reject Baker’s bill.

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NJ legal weed: Home grow is a no-go, but advocates push to change that

New Jersey is unlikely to allow its marijuana users or medical marijuana patients to grow their own cannabis plants at home, the new president of the state Senate said this month. 

State Sen. Nick Scutari, D-Union, was the main proponent of New Jersey marijuana legalization in the state Senate and was elected by his colleagues as the body's president this year. But speaking to a virtual webinar of cannabis industry entrepreneurs and experts, he said he "did not see (home grow) happening right now," repeated a common refrain that allowing "home grow" would only contribute to the black market and hold back the legal industry from taking off. 

"I'm not against marijuana being grown at home for medical purposes and maybe even just recreational purposes," Scutari said at the event, hosted by the New Jersey CannaBusiness Association, a trade group for the cannabis industry.

"But we've got to let this industry … it's not even off the ground yet."

What's the hold up? 

The push to legalize home grow has largely been led by patient advocates in the state's medical marijuana program, who argue that allowing a limited number of marijuana plants would help patients avoid the exorbitant costs charged by legal medical marijuana dispensaries — and keeps them from turning to the black market.

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