Cannabis Politics Archives - The Real Dirt with Chip Baker

What the Biden Cannabis Executive Order Means

by Travis C | Oct 10, 2022 | 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Editorial, Industry News, Legalization, Marijuana, Medical Marijuana, Politics

Biden’s cannabis executive order is making waves across the industry and culture, but what does it really mean?

Last week, President Joe Biden signed an executive order that will release those convicted of federal cannabis crimes from prison. There is no doubt that the move is a major step for this administration and the country as a whole.

Many were quick to jump on the excitement of the announcement. Many were under the impression that this order would impact thousands of people wrongfully convicted of minor cannabis crimes. In one sense this is true.

Upon further inspection, however, some are beginning to question the impact that Biden’s cannabis executive order will truly have.

The Biden Cannabis Pardon

Biden’s cannabis executive order will pardon nearly 6,500 people who were convicted of cannabis possession at the federal level. The key word here is “federal”.

For reference, there are over 40,000 individuals currently in prison for cannabis-related crimes across the US. Another comparison would be Colorado, where Governor Jared Polis has pardoned over 4,000 individuals for possession of two ounces or less.

Illinois has cleared nearly 500,000 conviction records for cannabis related crimes since 2019, with over 20,000 individual pardons in the same time period.

In other words, compared to what individual states are already doing, Biden’s cannabis pardon looks relatively minimal. But let’s go back to the word “federal”.

The reason Biden’s cannabis pardon executive order is so huge is actually because it’s only impacting federal cannabis prisoners. This marks the first time that a mass pardon for cannabis-related crime has been announced at the federal level.

Biden’s cannabis pardon, while only applying to a select group of individuals, shows a great step forward toward this administration following through on its campaign promises.

On the campaign trail, Biden supported reclassifying cannabis under the Controlled Substances Act, from Schedule 1 to Schedule 2. In addition to the announcement regarding cannabis pardons, he also asked the Department of Health and Human Services and the Justice Department to review how marijuana is scheduled, or classified, under federal law.

Biden also urged states to consider pardoning individuals for cannabis crimes at the state level.

Biden Cannabis Executive Order Leaves Many Out

Due to the selective nature of Biden’s cannabis pardon executive order, there will still be an additional 3,000 people who have been convicted of higher level federal cannabis crimes who do not get out. And as said earlier, the 40,000+ in state prisons for similar crimes are unaffected by the order.

While Biden encouraged state governors to take action and pardon individuals in their state, some states like Texas have already said that they will not be pardoning anybody.

Switching cannabis from Schedule 1 to Schedule 2 may also not be the positive change many are hoping will move us closer to legalization. Schedule I drugs (where cannabis currently sites) are defined as drugs with no currently accepted medical use and a high potential for abuse.

Schedule II drugs (where cannabis may move) are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are still considered dangerous according to the Drug Enforcement Agency (DEA).

Drugs listed as Schedule II include vicodin, oxycodone (OxyContin), fentanyl, Adderall, and Ritalin. In other words, if the drug is not typically supplied via prescription from a doctor, possession is still illegal.

Cannabis moving to Schedule II may look like a good deal, especially for medical cannabis patients. However the implications that such a move could have on recreational cannabis industries are debated.

The federal government has thus far respected state’s choices to legalize cannabis recreationally, so it is to be expected that it would maintain that discretion even with the changing of federal law. I.e. the federal government will potentially recognize medical cannabis as legal should the scheduling change, while allowing states to keep recreational laws if they so choose.

When the government federally legalized hemp in 2018 under The Farm Bill, states still had the option to set their own laws regarding hemp. Some chose to still ban its production outright, while others made additional restrictions on top of the federal government’s actions.

What Comes Next

Overall the action by President Biden should be viewed positively. While it is not impacting as many people as we would all like, it is a major step for the federal government to acknowledge that simple possession of cannabis should not be a federal crime.

The action marks a step in the right direction for a government that has fought legal access to cannabis for nearly a century. Nobody should expect federally licensed medical cannabis dispensaries in their town anytime soon, however.

Now we wait on the Department of Health and Human Services and Department of Justice to review the scheduling. There has not been any timeline given on how long it may take.

Connecticut tries to crack down on cannabis gifting

by The Real Dirt | Mar 10, 2022 | Blog, Business, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Culture, Legalization, Politics

cannabis gifting to be banned in Connecticut

Hundreds of shoppers filtered through rows of vendors selling novelty art and clothing earlier this year at High Bazaar, a Hamden festival where a “gift” of a marijuana product often accompanied the items they purchased.

But the High Bazaar parties are on hold for now, after the town of Hamden claimed permitting violations. And while a hearing in that civil case is scheduled for later this week, the state legislature is considering a bill that would outlaw such “gifting.”

House Bill 5329 would impose up to a $10,000 fine and a year of jail time on violators. Supporters of the legislation said it would help keep sales in the market regulated, although some hemp and cannabis advocates were wary that it would re-criminalize marijuana.

The bill also includes provisions to cap the number of equity joint ventures for producers and to outlaw billboard advertising. Equity joint ventures allow partnerships between social equity applicants and other cannabis businesses.

“We appreciate that gifting will go on between people in the privacy of their homes,” said Rep. Mike D’Agostino, a Democrat who represents Hamden. “An event that’s organized, that rents space and is really a market just violates the entire intent of the statute that we put in place last year.”

D’Agostino chairs the General Law Committee, which heard public comments on the bill Tuesday.

Cannabis gifting is a practice that’s been used in Washington, D.C., where recreational marijuana sales aren’t allowed but possession of less than 2 ounces has been decriminalized. Vendors sell consumers a product such as a T-shirt, and a cannabis product is included as a gift.

Read Full Story on The Connecticut Mirror

Republicans aim to restrict Oklahoma medical marijuana industry

by The Real Dirt | Mar 9, 2022 | Blog, Business, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Industry News, Medical Marijuana, Politics

Oklahoma medical marijuana industry would be restricted under new legislation

Republicans in the Oklahoma House are unveiling a package of new restrictions on the medical marijuana industry.

OKLAHOMA CITY — Republicans in the Oklahoma House on Monday unveiled a package of new restrictions on the state’s booming medical marijuana industry, designed to crack down on illegal growers who sell cannabis on the black market.

The 12-point plan includes a standardization of lab testing and equipment, more inspections of grow facilities, separate licenses for marijuana wholesalers and stringent new reporting requirements for electric and water usage by growers. One proposal would also make the Oklahoma Medical Marijuana Authority a stand-alone agency, not a division of the Oklahoma State Department of Health.

“If you’re an illegal operator in Oklahoma, you’re time is up,” said Rep. Scott Fetgatter, an Okmulgee Republican and a member of the House Republican working group on medical marijuana.

The marijuana industry has been booming in Oklahoma since voters in 2018 approved one of the most liberal medical programs in the nation. It’s easy for patients to obtain a two-year medical license, and nearly 10% of the state’s population is now authorized to buy and use marijuana. Unlike other states, there also are no restrictions on the number of dispensary or grow licenses, and the low cost for entry into the industry has led to a flood of out-of-state pot entrepreneurs seeking to capitalize on the boom.

But the low barriers for entry and the loose regulatory environment also has led to a huge increase in the number of illegal operators, according to law enforcement.

Read Full Story on ABC News

Biden Admin warns applicants about investing in cannabis stocks

by The Real Dirt | Mar 4, 2022 | Blog, Business, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Culture, Legalization, Medical Marijuana, Politics

Smoking weed may no longer be the only potential impediment to getting a job with security clearance in the Biden administration. Investing in cannabis companies could now trip up applicants, too.

The Biden administration has expanded its employee conduct guidelines to potentially deny security clearance to individuals who have invested in companies that are involved in the marijuana business, according to an internal executive branch presentation shared with POLITICO.

“Eligibility may be negatively impacted if an individual knowingly and directly invests in stocks or business ventures that specifically pertain to marijuana growers and retailers,” according to the document. “Decisions to willfully invest in such activity could reflect questionable judgment and an unwillingness to comply with laws, rules, and regulations.”

The recently updated guidance is the latest illustration of the federal government trying to grapple with its cannabis-related HR policies as the product has become an accepted legal business, medication and recreational substance in states across the country. All told, 37 states, the District of Columbia and some territories have legalized cannabis for medical or recreational use.

The White House has adopted a more forgiving posture than its predecessors. Early on in his tenure, President Joe Biden issued a memo that stated prior marijuana use would not automatically disqualify applicants — the most lenient policy of any administration since before President Ronald Reagan.

But he hasn’t been altogether forgiving. Last year, the White House did fire some employees and rescinded employment offers due to prior marijuana use in the early days of the administration. According to the internal presentation, the White House has not changed its position, despite calls from House Democrats to do so.

Read Full Story on Politico

Could Virginia cannabis legalization be overturned in 2022?

by Travis C | Oct 4, 2021 | Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Legalization, Politics

virginia cannabis legalization could be flipped in 2022

Virginia legalized the home cultivation of cannabis July 1, 2021, with plans for a retail industry set in place for 2024. However with the 2022 gubernatorial race quickly approaching, that could all be overturned.

The retail market set to begin in 2024 still needs to be organized and approved down the road by legislators. This means that there’s still plenty of time for those that oppose legalization to try and overturn it. Should the Republican candidate win the race, it might be easy to do.

NORML, a national organization that has been fighting for cannabis legalization for decades, uses a rating system in gubernatorial races across the country to grade the candidates for their likelihood to support cannabis legalization.

NORML has given the race’s Democratic candidate, former Gov. Terry McAuliffe, an A grade, noting his public statements calling for legalization. The Republican candidate, Glenn Youngkin, a private equity executive, has a D grade from NORML, noting that Youngkin supports only limited cannabis decriminalization.

And it isn’t just the governor’s seat that is up for grabs in 2022. The Virginia House of Delegates is nearly split down the middle on partisan lines, with multiple seats up for re-election in 2022. Advocates are concerned that without a Democrat majority in both chambers of government in the state, the path to full legalization may be blocked indefinitely.

Similarly to the gubernatorial race, the race for Virginia Attorney General is just as important. The Democratic candidate for attorney general, incumbent Mark Herring, has called for cannabis legalization in the commonwealth, while GOP challenger Jason Miyares has only expressed limited support for medical marijuana.

Additionally the lieutenant governor race falls into the same judgement from NORML, with the democrat receiving and A grade and the Republican getting a D grade. Long story short, if Democrats lose these races, the future of cannabis legalization in Virginia is hazy to say the least.

Over 60% of Virginians have expressed their support for cannabis legalization, with just over 30% being opposed. One would like to think that no matter who wins these races, the voice of the people will be respected. If the majority supported legalization enough to pass it, then it is the will of the people of Virginia that cannabis should remain legal.

While traditionally the party of smaller government, less intervention and following the will of the people, one should be very hesitant to believe that a republican governor and republican controlled House of Delegates would not try to impede legalization in Virginia. Suffice to say, Virginians will be waiting with bated breath to see who comes out on top, as it would seem the future of cannabis legalization literally depends on it.