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The Shady Politics of the MORE Act Vote and Cannabis Legalization [Opinion]

The Shady Politics of the MORE Act Vote and Cannabis Legalization [Opinion]

MORE Act house vote delayed

Has cannabis always been political?

While in most of our lifetimes cannabis has been illegal, it wasn’t always that way. In fact it was the complete opposite until the early 1900s.

Believe it or not, cannabis has been used for thousands of years, with traces of the plant being smoked as far back as 2,500 years. Its first use dates all the way back to 2727 BC in China where it was considered a legitimate medication. Traditional uses of cannabis for medicine might not have been as popular in the west, but that doesn’t mean the cannabis plant wasn’t just as essential.

A very brief prohibitionist history

Not only was cannabis legal prior to the 1930s, it was an essential crop. The ships that brought the colonists to America had sails made entirely from hemp fibers. Colonists were “encouraged” by law from the Queen to grow hemp as one of their staple crops.

In the 1700s and 1800s, extractions from the hemp and cannabis plant were used for medicine all over the country. In 1830, it was used to treat insomnia and migraines, and it acted as a pain reliever. From 1850 to 1942, the United States Pharmacopoeia recognized it as a legal medicine by the name “Extractum Cannabis.”

It wouldn’t be until the 1920s that the United States government would begin to lay restrictions on cannabis cultivation in the form of taxes put on farmers. After a racist, propagandized anti-cannabis movement led by Henry Anslinger, the government eventually created the Marihuana Tax Act of 1937. This made it basically impossible for farmers to buy, sell or profit off of cannabis production.

The rest, as they say, is history.

The rise of the cannabis movement

Cannabis use and production certainly continued in the illicit markets across the country after prohibition in the United States. Almost 40 years after cannabis was made illegal, genetics and cultivation techniques from Europe (Holland specifically) where hydroponics was a rapidly growing industry made their way to the states.

This revolutionized how we cultivated cannabis, creating more potent cannabis with higher yields. An explosion in cannabis consumption during the 60s and 70s when the “hippy” movement took off created a perfect storm that birthed a new and booming, albeit illegal, industry in the U.S..

With a growing interest in cannabis came a renewed desire to look at why it became illegal in the first place. The reality being that the main propaganda used to make cannabis illegal was based on racist ideologies against Latinos and African Americans. A thirst for justice and the knowledge of a shameful past created a movement that continues to this day.

The movement to legalize cannabis.

The politics of cannabis legalization

The United States is a unique beast. It is the collation of 50 different states, all of which can create their own laws as long they abide the federal law put forth by the federal government. This is why half the country has legal cannabis, and the other half will still throw someone in jail for years just for having a little bit of cannabis in the car.

In a way this makes sense, as the people of the state dictate how the politicians vote. This would imply that in states where cannabis is still illegal, the people there must want it that way. But this is rarely the case. In fact, roughly two-thirds of Americans support legalization of cannabis.

So if the majority of people think cannabis should be legal, and over half the states in the country have gone ahead and just done it themselves, why hasn’t the federal government done anything?

Well that answer is easy…politics.

This article was written shortly after the news of the House of Representatives delaying their vote on the MORE Act. This bill would remove cannabis from the controlled substances list (where it is currently listed as Schedule 1 alongside heroin) and expunge criminal records of those convicted of small cannabis-related crimes.

In the United States, Democrats are considered the “progressive” party. Meaning they are the party that would normally push for something like cannabis legalization. The MORE Act itself was drafted with bipartisan efforts from Republicans and Democrats alike. Yet it was moderate democrats that voted to postpone the vote on the bill.

Why would this be? After all, the Democrats hold the majority in the House and could easily vote the bill through to the senate to begin deliberations.

But they didn’t.

Additionally the Democrats didn’t decide to postpone the vote just a few days or a couple weeks, they postponed it until at least after the election in November between now sitting President Donald Trump and Joe Biden. It might seem irrelevant, but there’s a real, shady, shitty reason that they did this.

 

The “BIG” announcement

You see, it just so happens that coincidentally, and totally by chance, that the same day that the House of Representatives (i.e. Democrats) decided to postpone the vote, Joe Biden and his running mate Kamala Harris (the Democrat nominees) pledged to decriminalize cannabis, remove it from the scheduled substances list and expunge criminal records.

Sound familiar?

It’s almost as if the Democrats postponed their House vote until after the election, so that Biden can use it to score points and gain more votes from those who want legal cannabis.

Now, if you haven’t gotten any hints of opinion thus far in this piece, here comes some.

I have a prediction.

Call me crazy, but I think there’s just a slim chance (that’s sarcasm) that if Biden is elected, the House will pass the bill through to the Senate the same week. But if Biden loses, the bill will sit dead in the House for eternity, while Democrats blame Republicans for not letting it pass.

That, my friends, is the true politics of cannabis legalization. It isn’t about figuring out if it’s safe, or can be taxed, or if it’s profitable. We know all of that is true already.

It’s about who gets to take credit, and the letter (D or R) next to their name. For politicians, legalization isn’t about the people. It isn’t about the hundreds of thousands of people in jail for small-time cannabis crimes.

It’s about them!

Virginia Marijuana Laws Might Be Changing

Virginia Marijuana Laws Might Be Changing

When you think of cannabis friendly, Virginia definitely isn’t one of the states that comes to mind. But that could be changing.

The state House on Monday passed HB 972, a decriminalization bill, with bipartisan support. Delegates voted 64-34 for the measure, with a number of Republicans joining Democrats in favor. The state Senate is expected to pass its own version shortly.

If passed, the legislation would scrap criminal charges for possessing marijuana and replace them with small fines. Supporters have argued the measure is needed in part because African Americans are disproportionately charged with drug crimes.

Virginia Marijuana Laws

Virginia marijuana laws have always been strict, with the most minor offense having the potential of jail time for possession of a half ounce. Right now, a person who is found with half an ounce of the drug can be jailed for up to 30 days and/or be fined $500. The second time it happens, jail time is increased up to a year and the fine increases up to $2,500.

To make matters worse, the state has a proven track record of negatively impacting minority communities with Virginia marijuana laws, specifically people of color. In fact, people of color are currently three times more likely to be arrested for cannabis possession than white people. But the reality is that no matter their skin color, people arrested for cannabis in Virginia are less likely to find jobs and housing.

If the new bill passes through the State Senate, it will be a big step in the right direction for the state after killing a full-blown legalization bill in 2019.

What is HB972?

House Bill 972 is a very simple bill. All it would do is decriminalize possession of a half ounce of cannabis, resulting in just a $25 fine if caught. With a simple, straight forward goal, it’s easy to see why the bill was able to garner bipartisan support.

Of course there are those who are against the bill, some of whom are surprisingly pro-legalization groups. The ACLU for example claims the bill doesn’t do enough, and that more people will be incarcerated for not being able to pay the $25 fine. Frankly this is asinine. If you can afford to buy a half ounce of cannabis, you can afford a $25 fine, or you shouldn’t be buying cannabis because you don’t have your priorities straight.

So the question that is being asked now that decriminalization seems likely is, when can we expect legalization?

Virginia Cannabis Legalization

It’s probably safe to say right now that Virginia marijuana laws won’t be moving toward legalization in 2020. Right now, Virginia lawmakers sent the idea of legalization to a non-partisan committee to study, they say that the study could take a year. The results may give lawmakers guidance on whether they want to re-visit legalization in 2021.

In the meantime, Virginians trying to access cannabis medically are in for quite a struggle. Virginia technically doesn’t even have a functioning medical marijuana program. What they do offer is an Affirmative Defense clause for patients who given permission by their physician to use cannabis.

However, not many doctors are prescribing cannabis because of the legal risk and lack of incentive. Not that patients would really benefit from permission anyway.

All Virginia marijuana laws allow currently are CBD oil and THC-A oil, neither of which are psychoactive or regulated. This leaves patients who are given permission very few options, including traveling across state lines to states like Maryland to obtain medical cannabis with the risk of getting arrested upon re-entry to Virginia.

Suffice to say Virginia won’t be turning into a cannabis haven any time soon, but residents can hopefully rest easy soon knowing they’ll no longer risk jail time for half a little bit of cannabis.

New York Cannabis in 2020: Will the state legalize?

New York Cannabis in 2020: Will the state legalize?

New York cannabis legalization could be bigger than California. But it all depends if the state Governor’s promise holds true.

New York tried and failed to legalize cannabis in 2019 even with broad support for legalization in the state. But now Governor Andrew Cuomo is promising 2020 will be the year it finally happens.

New York cannabis legalization would change the entire cannabis industry landscape, with such a huge population there’s no doubt a legal industry would succeed. But it all depends on the laws that pass, regulations and restrictions that the state puts on the new market that could damage it before it takes off.

New York Cannabis History

New York has always had a patchy relationship with cannabis and crime in general. The state received national backlash when the police department’s Stop-and-Frisk program was revealed to target minority communities, with most busts being for small amounts of cannabis possession, typically an eighth or less. Despite the state decriminalizing small amounts of cannabis possession in 1977, a loophole in the law allowed police to still unfairly arrest people.

In 2013, the Stop-and-Frisk law was found unconstitutional and was ended. Ever since then, the underground cannabis culture and industry has been slowly building in New York. Similarly to D.C. which legalized cannabis in 2017 but banned any dispensaries from opening, the decriminalization of cannabis in New York has led to rise in discreet delivery service, corner shops and other services for New Yorkers to get their cannabis with ease.

Not to mention that New York already has a medical cannabis program that could easily expand into a recreational market. In other words, the state is ripe for a legal market to explode.

Will 2020 Be The Year?

In early January of 2020, Governor Cuomo highlighted adult-use cannabis legalization as one of his 2020 priorities. His proposal includes forming an Office of Cannabis Management to regulate medical, adult-use and hemp programs; ensuring that social equity and social justice needs are met; working in concert with neighboring states; and creating a cannabis and hemp research center at the State University of New York.

New York is already a very expensive state, especially for those living in the city. It’s possible New York follows in the foot steps of California or Illinois and puts exorbitant taxes on cannabis goods while also allowing local municipalities to add their own taxes on top. If this happens, a legal industry could be extremely hindered (just look at California’s first year of legal cannabis).

The light at the end of the tunnel

One of the main reasons New York has put so much urgency into legalization is because of the so-called “vape epidemic” that struck the country in 2019. In case you missed it, hundreds of people became very sick from using private market vape cartridges that contained dangerous chemicals not typically found in legal products. The epidemic winded down at the end of 2019, but not until close to 50 people died from the illness.

While some states took the opportunity to use this epidemic as an excuse not to legalize, New York recognized that legalizing would open up a safe-access market for consumers that could prevent another epidemic. The Governor has already been meeting with fellow governors from Pennsylvania and Connecticut to discuss ideas as all three states move closer to legalization in 2020.

Cuomo said he wanted to legalize in 2019, and even with strong public support, wasn’t able to get it done. 2020 might just be another broken promise to try and stay in office, or a legal New York cannabis market could come and change the whole industry in a span of 12 months. We all have to stay tuned to see.

Illinois Recreational Cannabis: What to know for January 1st

Illinois Recreational Cannabis: What to know for January 1st

As soon as the clock hits midnight on January 1st, Illinois recreational cannabis sales are set to begin.

Illinois has been setting up regulations and requirements for recreational cannabis businesses over the last year, and it is all leading up to the first day of legal sales on January 1, 2020. The people are excited, and the state is ready to start pulling in those tax dollars.

However there are plenty of differences in the Illinois recreational cannabis laws and regulations for consumers that any would be dispensary-goer should know.

Who can buy Illinois recreational cannabis?

Just like every other recreational cannabis state, you must be 21 to purchase cannabis legally in Illinois. Out-of-state visitors will also be more limited in how much they can purchase compared to state residents, however there is no difference in price for in and out of state customers.

Illinois residents age 21 and over may possess 30 grams of cannabis flower, 500 mg of THC in a cannabis-infused product like edibles, and 5 grams of cannabis concentrate in total. These amounts are halved for non-residents. 

The totals are cumulative, so an Illinois resident could have 30 grams of flower, 500 mg of infused product and 5 grams of concentrate all at the same time. The same goes for nonresidents and their limits.

Where can I buy legal cannabis?

On January 1st, there are only going to be 37 Illinois recreational cannabis dispensaries open for business. If you’re in Chicago or the surrounding area you’re in luck, because that is where 24 of the dispensaries are located.

Champaign-Urbana, Peoria and Springfield all have two dispensaries nearby, and Carbondale, Effingham, Ottawa, the Quad Cities, Quincy and Rockford will each have one dispensary. Unfortunately, the state won’t begin reviewing applications for more dispensaries until March 15. Once approved, licenses will be distributed starting May 1st. On July 1st, up to 40 grower and infuser licenses will be issued along with an unlimited number of transportation licenses for in-state transport.

In other words, it’s going to be a slow start with limited access to Illinois recreational cannabis for most residents. The state will examine the progress through 2020 to determine whether or not more licenses need to be issued.

What about the taxes?

Like any recreational cannabis industry, Illinois is collecting some hefty taxes off the sale of legal cannabis. A good way to put it is, the higher you get, the higher the tax. For example, cannabis products with a THC level of 35% or less will only have a tax of 10%, and products over 35% will have a 25% tax. Basically, flower will have a 10% tax and concentrates will have a 25% tax. All infused products including edibles will have a 20% tax.

Additionally, state and local taxes will also apply, and the state law allows for municipalities to tax up to 3%. And if that isn’t enough taxes for you, local sales taxes also apply. The Illinois sales tax is currently 6.25%.

With limited access and extremely high taxes, it’s safe to say that Illinois recreational cannabis is not going to be cheap. But if there’s anything we can take away from other legal markets with high taxes, it’s that people are willing to pay for safe, legal access to cannabis.

Lastly, consumption

One thing that Illinois holds over other recreational cannabis states is its consumption laws. While public consumption is still prohibited, and smoking indoors was banned in the states in 2008, the Illinois cannabis laws allows on-site consumption at dispensaries, as well as cannabis smoking lounges. While no lounges have yet to open, some dispensaries and growers have applied to have lounges built in their existing facilities or separately attached for consumers.

An issue that will remain prevalent in every state that bans public consumption of cannabis is the impact it has on those in public housing or those living under a landlord that does not permit cannabis consumption. While a private homeowner can do whatever they please in the house they own, a renter is limited by what their landlord allows. This will continue to be problematic, especially for medical patients that need cannabis for serious ailments.

Since repetition is key, like any recreational cannabis state, Illinois has done some stuff well and some other stuff not so well (looking at those 37 dispensaries for the first year). But the trend of starting small and slow isn’t anything new when it comes to cannabis. States want to get their feet wet before diving into the deep end and that typically means more strict regulations that will ease up over time. For now, if you’re in one of the towns with a dispensary, check it out! And if not, plan a New Year’s trip to Chicago and check out a lot more options, and probably cheaper prices.

Michigan Cannabis Off to a Green Start

Michigan Cannabis Off to a Green Start

The first few recreational dispensaries have begun legal sales in Michigan, and the numbers are starting to roll in.

Michigan legalized cannabis in 2018, but took an entire year to plan and establish a legal marketplace. On December 1, 2019 the first recreational dispensaries were allowed to begin sales. Suffice to say the people of Michigan were ready.

While Michigan’s first day of legal sales was pretty different from other legal states there’s no way to deny that it was a success.

First Day of Legal Michigan Cannabis

Michigan cannabis consumers were definitely a little worried when December 1st rolled around, mainly because of the lack of locations to visit. The entire state had only five dispensaries for the entire population, three of which were in Ann Arbor.

But that didn’t stop the people of Michigan from lining up around the block and buying every last gram of cannabis that was available. Over 2,200 people spent over $220,000 at the three Ann Arbor stores alone, each averaging over $100. For only three stores in one day, that’s pretty good.

With over 200 people still waiting out in the cold until the stores closed at 9 PM, there were high expectations the following days as well. It’s safe to say those expectations were met.

Michigan Cannabis Makes Big Money

In the first eight days of recreational cannabis sales in Michigan, the state pulled in over $1.6 million, with over $162,000 being collected from the 10% sales excise tax and another $106,000 from the 6% state sales tax. The numbers are pretty big, especially for only five stores across the whole state, but keep in mind that’s over the first week of sales.

To put that in perspective, when Colorado legalized began recreational cannabis sales in 2014 the state sold over $1 million in cannabis just on the first day. However keep in mind that Colorado also had 24 dispensaries open on the first day of sales compared to Michigan’s 5. And taking tax dollars into account, Michigan is on a good track right now.

The state is projected to pull in close to $300 million in total tax dollars by 2023, with most of the money going to roads, schools and the state’s general fund.

Are More Dispensaries Coming?

The short answer is yes. But like any legal cannabis market, it won’t be without its roadblocks. The state began accepting applications for recreational marijuana business licenses on November 1 and has since awarded 21 licenses and pre-qualified another 73 applications.

But more than 1,400 of the state’s 1,771 communities have said they don’t want marijuana businesses in their towns, so finding a city that’s amenable to legal weed has been a challenge for businesses. With just a little more than 300 towns so far accepting legal cannabis businesses, it might be some time before there is a dispensary in close driving range for every Michigan resident.

Nevertheless by the end of 2020 there should be close to 100 dispensaries in Michigan. While still not a great amount compared to other states, it has become a common tactic among new legal cannabis states to start out slow and avoid a market crash from too many dispensaries and cannabis supply. It may mean overpriced cannabis and cannabis products for now, but it also means more quality products and prices that will drop in the future.