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Mexico top court decriminalizes recreational marijuana use

Mexico top court decriminalizes recreational marijuana use

Mexico cannabis legalization has been passed in the supreme court
Mexico’s Supreme Court on Monday decriminalized recreational marijuana use for adults, drawing a cautious welcome from activists who said users face a “legal vacuum” until lawmakers pass a stalled legalization bill.

“Today is a historic day for liberties,” court president Arturo Zaldivar said, after eight of the 11 judges backed the decision declaring the drug’s prohibition under the health law to be unconstitutional.

The ruling comes after Congress failed to enact legislation allowing recreational marijuana use by an April 30 deadline set by the country’s highest court. The landmark bill was approved by the lower house in March but still needs final approval by the upper house, the Senate.

In April, the ruling majority in the Senate said it was considering postponing the final discussion on the law until September. The Supreme Court urged Congress to issue the necessary legislation “in order to generate legal certainty.”

Legal obstacles

Pro-legalization campaigners said the Supreme Court ruling left cannabis users facing many uncertainties. Mexico United Against Crime, a non-governmental organization, said the decision “does not decriminalize the activities necessary to carry out consumption” such as production, possession and transportation of marijuana.

The ruling “leaves a legal vacuum with respect to the consumption, cultivation and distribution of cannabis,” it added, calling on Congress to issue the necessary legislation. Veteran pot legalization activist Jorge Hernandez Tinajero, who is part of the Mexican Association of Cannabis Studies, was also skeptical about the announcement.

“They do not dare to go further,” he said, adding that recreational users still faced legal obstacles to possessing marijuana.

​Massive market

One consequence of the court ruling is that recreational users will be able to obtain a permit from national health regulator Cofepris more easily, said Adriana Muro, director of rights group Elementa.

“What had happened on previous occasions was that Cofepris denied those permits,” she told AFP.

“Now that permission has to be given automatically,” she added.

But that does not open the door to commercialization or personal possession of more than the five grams already allowed, said Francisco Burgoa, a constitutional lawyer and professor at the National Autonomous University of Mexico.

“Congress urgently needs to legislate, but I think that President Andres Manuel Lopez Obrador is not personally in favor,” he told AFP.

The legislation would make Mexico, home to 126 million people, one of just a few countries, including Uruguay and Canada, to legalize cannabis for recreational use. Cannabis use for medicinal purposes has been decriminalized in Mexico since June 2017. Experts say the legal recreational market could be worth billions of dollars in Mexico, where authorities seized 244 tons of marijuana in 2020.

The legalization push is partly aimed at curbing drug-related violence that claims thousands of lives each year in the Latin American nation. More than 300,000 people have been murdered since the government deployed the army to fight the drug cartels in 2006.

Denver opens applications for cannabis delivery licenses, consumption lounges

Denver opens applications for cannabis delivery licenses, consumption lounges

Denver cannabis delivery licenses are being accepted now

Applications are now open for marijuana delivery and transporter licenses in Denver for the first time in the city’s history, the Department of Excise and Licenses announced.

The city is also accepting applications for new marijuana store locations for the first time since 2016, in addition to applications for marijuana cultivation and manufacturing licenses.

This comes two months after Denver changed its marijuana policy to allow for social equity delivery and hospitality businesses where patrons can consume marijuana on the premises. Applications for the hospitality business licenses are expected to open in November, the department said.

“This is a big part of the biggest overhaul in marijuana rules and regulations since initial legalization that the mayor signed into law on 4/20,” said Eric Escudero, spokesman for the Department of Excise and Licenses.

Under Denver’s new marijuana policy, there is no cap on the number of licenses and permits available, and there is no deadline to apply.

Social equity applicants are defined as Colorado residents who have never had a marijuana license revoked and meet one of the following social equity criteria:

  • Applicant lived in an opportunity zone or a disproportionately impacted area between 1980 and 2010
  • Applicant or immediate family was arrested, convicted or suffered civil asset forfeiture due to a marijuana offense
  • Applicant’s household income doesn’t exceed 50% of the state median income

By providing exclusivity to social equity applicants, Denver officials say they are trying to make up for the damage caused by the War on Drugs and the unequal persecution of disadvantaged communities for marijuana offenses.

House Committee Approves Marijuana Protections For Banking

House Committee Approves Marijuana Protections For Banking

A house appropriations committee has approved a cannabis banking amendment

A House subcommittee on Thursday approved a large-scale funding bill that includes provisions protecting banks from being punished for working with marijuana businesses and allowing Washington, D.C. to legalize cannabis sales.

The move by congressional Democrats to let the District of Columbia set its own marijuana policies is in contrast with a budget released last month by President Joe Biden, which proposed continuing the longstanding Republican-led rider that has prevented the city from spending its own money to regulate adult-use cannabis commerce.

The banking-related provision is less far-reaching than more robust standalone bills the House has passed on four occasions, but would still provide some protections to banks that work with state-legal marijuana operators.

Both measures are attached to a bill to fund various federal agencies for Fiscal Year 2022 that was approved by the House Appropriations Financial Services and General Government (FSGG) Subcommittee in a voice vote. The full House Appropriations Committee is scheduled to take up the legislation on Tuesday.

In a press release, the panel called the rider blocking local D.C. marijuana policymaking an “objectionable” measure that “undermine[s] home rule.”

Rep. Eleanor Holmes Norton (D-DC) said in a press release that she’s “very pleased the bill respects D.C.’s right to self-government by allowing D.C. to spend its local funds as it sees fit, including on…recreational marijuana commercialization.”

“With Democrats controlling the White House, House and Senate,” she said, “we have the best opportunity in over a decade to enact a spending bill with no anti-home-rule riders, as this D.C. appropriations bill does and as I requested.”

After the Biden budget was released, Norton told Marijuana Moment that she was “very disappointed” over the decision, especially considering that fact that he’s voiced support for D.C. statehood.

The exclusion of the D.C. provision from the Fiscal Year 2022 FSGG appropriations bill could set the stage for conflict between lawmakers and the president. The Biden administration has already disappointed advocates by declining to take meaningful action on cannabis reform as promised on the campaign trail, and his inclusion of the D.C. rider was seen as an outright hostile act.

The District’s mayor said in April that local officials are prepared to move forward with implementing a legal system of recreational cannabis sales in the nation’s capital just as soon as they can get over the final “hurdle” of congressional interference.

The ongoing blockade is the result of an amendment that was first added by Rep. Andy Harris (R-MD) when Republicans controlled the House and has since been continued in annual appropriations legislation. The House on several occasions has since passed spending bills that do not include the cannabis ban, but it has been included in final enacted legislation because the Senate under GOP control insisted on reinserting it.

United Nations calls for global ban on cannabis advertising

United Nations calls for global ban on cannabis advertising

United Nations cannabis advertising law

The United Nations on Thursday called for a global ban on all advertising that promotes cannabis products, in a move that it said could mimic its efforts to lead a global effort to limit tobacco marketing and use.

The UN can only recommend such a move, and it would be up to member nations to implement and enforce any kind of advertising ban.

A comprehensive ban on advertising, promoting and sponsoring cannabis would ensure that public health interests prevail over business interests,” the UN’s Office on Drugs and Crime wrote in its annual World Drug Report.

“Such a ban would need to apply across all jurisdictions,” the global agency added.

The agency noted in its report that pot products “have almost quadrupled in strength in the United States of America and have doubled in Europe in the last two decades.”

Even as the products have become more potent over the last 20 years, the percentage of adolescents who view the drug as harmful has decreased by as much as 40 percent over the past 20 years, the UNODC said.

It added that marijuana can lead to mental health disorders in long-term, heavy users.

“Aggressive marketing of cannabis products with a high THC content by private firms and promotion through social-media channels; can make the problem worse,” the UN officials wrote in their report.

The UNODC did not specify how such a ban would work, but noted that “the measures could work in a way similar to the provisions of the WHO Framework Convention on Tobacco Control.”

Rhode Island Cannabis Legalization Bill Passed by Senate

Rhode Island Cannabis Legalization Bill Passed by Senate

Rhode Island cannabis legalization bill passed in Senate

The Rhode Island Senate approved legalizing recreational cannabis use for adults on Tuesday, marking the first time either chamber of the state Legislature has voted on a bill to legalize cannabis.

The proposal was introduced by longtime proponent Sen. Joshua Miller, a Cranston Democrat who chairs the chamber’s Health and Human Services Committee. It now heads to the state House of Representatives.

House Speaker Joe Shekarchi, a Warwick Democrat, has said the Democratic-controlled Legislature will likely end up taking up the question on how to structure a legal cannabis industry in a special session later this year.

Gov. Daniel McKee has his own plan for legalizing, taxing and regulating cannabis, but legislative leaders didn’t include it in their proposed $13.1 billion state budget for the coming fiscal year.

Miller’s proposal would impose a 20% tax on cannabis sales, create an independent cannabis control commission to license and oversee cannabis operations, and allow for home cultivation. It would also create a “Cannabis Equity Fund” to help cannabis businesses from disadvantaged communities.

McKee’s proposal would have the state Department of Business Regulation oversee the industry and ban home growing cannabis, among other differences.

Eighteen states and Washington, D.C. have legalized cannabis for adults over the age of 21, according to the National Conference of State Legislatures.

 
Everything to Know about Connecticut Cannabis Legalization

Everything to Know about Connecticut Cannabis Legalization

Connecticut cannabis legalization starts July 1st

Connecticut cannabis legalization has been signed into law by Governor Ned Lamont, setting the date for the law to take effect on July 1, 2021.

Connecticut joins 19 other states plus the District of Columbia in legalizing adult use recreational cannabis after the state legislature passed multiple revised versions of the Connecticut cannabis legalization bill, finally sitting at over 300 pages.

While Connecticut will follow in the steps of other states in regards to some popular aspects of cannabis legalization, such as expungement of criminal records for cannabis and setting up enforcement for intoxicated driving, they are also adding some of their own changes.

Cannabis may be officially legal in Connecticut starting July 1st, but that doesn’t mean dispensaries will be open by then, or that consumers will even be able to purchase cannabis legally. Here’s everything to know about what actually changes when Connecticut cannabis legalization takes effect on July 1st.

When Connecticut cannabis legalization takes effect

Cannabis legalization takes effect in Connecticut on July 1st, 2021. This means that all rules and regulations proposed in the legislation signed by the governor will be official on that date.

Cannabis possession limits

The new law will allow and individual to possess up to 1.5 ounces on their person, and up to 5 ounces in a locked container, glove box or trunk of a car.

Home growing

Home growing is permitted in the Connecticut cannabis legalization bill, however it will not be allowed immediately. The bill says anyone 21 and older can grow up to six plants in their home (three mature and three immature plants) as of July 1, 2023. Households can grow no more than 12 cannabis plants at any given time.

In other words, while cannabis use and possession will be legal in 2021, home growing will not be allowed until 2023.

Cannabis consumption

Smoking cannabis would generally not be allowed in places where cigarette smoke is already prohibited, including restaurants, health care facilities, state or municipal buildings and most workplaces.

The use of cannabis is banned in state parks, with $250 fines for offenders. Hotels are also required to prohibit guests from smoking cannabis, but they cannot ban possession and use of other forms of the drug in nonpublic areas. Cannabis use is illegal in motor vehicles by both drivers and passengers as well.

When dispensaries will open

The Connecticut cannabis legalization bill does not include a specific date in which dispensaries will be permitted to open. Legislators have said that May 2022 is the current deadline for allowing dispensaries to being operations. However due to the legislation being delayed and approved late in the legislative session, this deadline could end up being pushed further.

Connecticut cannabis business licensing

Business licensing for dispensaries or grow operations will be given out in a lottery system. Fees to enter the lottery for a license range from $250 for a food and beverage manufacturer or delivery license to $1,000 for a cultivator license.

If an applicant is selected, additional licensing fees must be paid. Half of the licenses would be reserved for “social equity applicants” that come from economically disadvantaged areas that have been most harmed by the war on drugs. Those applicants would pay reduced licensing fees.

Businesses involved in the state’s existing medical marijuana program could pay to enter the recreational market, with fees ranging between $1 million and $3 million.

Cannabis taxes

Connecticut expects to pull in over $26 million in tax revenue in its first full year of operation, which will start July 1, 2022 and end June 30, 2023. Currently cannabis sales will be subject to the state sales tax of 6.35%, with additional state and municipal cannabis taxes that have yet to be finalized.

The state anticipates over $76 million in revenue by the end of 2026.

Resolving prior cannabis convictions

Who is eligible to have a prior conviction expunged depends on the specific charge and when the individual was charged. People charged with possession of 4 ounces or less of cannabis before Jan. 1, 2000, or from Oct. 1, 2015 through June 30, 2021, can petition a court beginning July 1, 2022, to have their criminal record erased.

Those charged with that same offense from Jan. 1, 2000, through Sept. 30, 2015, will have their records automatically erased on Jan. 1, 2023. More serious marijuana charges would not be eligible for erasure.

Conclusion

Connecticut cannabis legalization follows in the footsteps of other legal states when it comes to some of their regulations, while making their own rules in regards to other aspects of the industry. The final bill approved by the governor went through numerous revisions, which is can be seen as a sign that the legislators does not have a hardened, solid plan for implementing a legal industry.

Setting a deadline for 2023 will allow the state to thoroughly plan and establish an adult use cannabis industry, giving more time to focus on the application and licensing process, one of the most common roadblocks that cause issues in a new cannabis industry. Issues will likely arise when individuals can possess cannabis, but cannot grow it themselves or buy it from a licensed dispensary for two years. With no access to legal cannabis many will resort to the black market to obtain their cannabis, which is completely unregulated, and potentially harmful to consumers.

The District of Columbia resolved this same issue by creating a gift/donation grey market for cannabis. Due to a rider in the District’s legalization bill, no government funds can be used to establish a recreational cannabis industry, leaving consumers to “gift” cannabis to each other in exchange for a “donation”, skirting around the legal language of the bill.

It is likely that we see a similar trend develop over the next year in Connecticut as consumers seek out reliable cannabis without access to legal dispensaries.