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Kentucky lawmaker proposes decriminalizing cannabis possession and use

by The Real Dirt | Dec 3, 2021 | Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Politics

Kentucky cannabis decriminalization proposed by legislator

Kentucky adults would be able to use, possess and grow small amounts of cannabis under a pair of bills proposed for the upcoming legislative session.

The measures—one of which would amend the state Constitution—seek to decriminalize the personal use of cannabis, but wouldn’t create the system of licensed growers and retailers seen in other states that have legalized it.

Rep. Nima Kulkarni, a Democrat from Louisville and sponsor of the bills, said Kentucky is in a “confused place” because polling shows most voters are in favor of legalizing cannabis but lawmakers still won’t do it.

“We are in a shrinking minority of states that have no provisions for adult cannabis use. I think given the momentum it has nationally and statewide, I think we need to do something, and I think our voters want us to do something,” Kulkarni said.

According to a 2020 poll by the Foundation For A Healthy Kentucky, 59% of Kentuckians support legalizing cannabis for adults and 90% support legalizing it for medical use.

One of Kulkarni’s proposals would:

Eliminate criminal penalties for possessing or selling up to an ounce of cannabis and possessing cannabis paraphernalia
Allow people to grow up to five cannabis plants
Allow people to expunge their criminal records if they were convicted for possessing cannabis in the past.
Change the wording in state law from “marijuana” to “cannabis,” the scientific moniker for the plant.

Kulkarni’s other proposal would amend the state Constitution to give people the right to possess, use and grow cannabis as long as they are at least 21 years old.

Read Full Story on WKMS

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.

Is Weed Legal in Italy? Yes and No.

by Travis C | Sep 10, 2021 | 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Culture, Hemp, Legalization

Like a lot of European countries, Italy has a complex history with cannabis.

Since 1990, Italy has had a relatively relaxed stance on cannabis use and possession. It was that year that the country passed a Consolidated Law which basically decriminalized cannabis use, but kept possession illegal. This made the question, is weed legal in Italy, seemingly less clear.

As confusing as this adjustment was, it wasn’t until 2014 that the Italian government clarified their position on cannabis. Law 79 was introduced, which essentially granted the Italian Medicines Agency (AIFA) the power to authorize off-label use of medicinal products (under certain conditions) if warranted by public interest (including for financial reasons) even where a valid therapeutic alternative was available.

Included in those medicinal products is cannabis. However the new law only legalized medical marijuana and clarified punishments for non-medical cannabis possession. First-time offenders for cannabis possession would just get a warning, while a follow-up offense leads to suspension of a driver’s license for one to three months.

After legalizing medical cannabis production in Italy, only the Ministry of Defence were permitted to grow it. As a result, the military-owned Institute of Pharmaceuticals in Florence is the only place that cultivates cannabis for medicinal use. Astonishing as it may seem, the Italian military are responsible for growing cannabis!

So you’re probably still asking, “is weed legal in Italy?” The short answer would appear to still be no. But in 2016, there we some big changes.

Italian hemp legalization

While hemp is actually native to certain regions in Europe, few countries have really regulated its production. In 2016, Italy decided to do just that.

In the United States, the Farm Bill was passed in 2018, which legalized industrial hemp on the federal level. The government defined industrial hemp as any part of the cannabis plant containing less than .3% THC, the main psychoactive compound in cannabis.

When Italy passed their hemp production law in 2016, they set the limit at .6% THC. This created a new booming grey market industry of hemp flower in Italy.

In shops across the country, jars of hemp flower are sold as “collectibles” that are meant to be used for “technical purposes”, not to be consumed by humans (wink, wink). While the hemp flower being sold was not psychoactive due to its low THC levels, many still sought the hemp flower for its high CBD levels which provide some therapeutic effects.

In the same year that Italy legalized hemp production, the country’s parliament threw out the idea of allowing the cultivation of 5 cannabis plants for personal use. This idea was quickly shot down by Catholic lawmakers and right-wing politicians.

However just recently in September of 2021, Italy decided to move forward with a slightly adjusted version of this idea.

Is weed legal in Italy?

As of today, cannabis possession and consumption is more or less legal. This reform decriminalizes the cultivation of four cannabis plants at home. Since consumption is already decriminalized, private possession has more or less been decriminalized as a result.

However, the parliament also increased the penalties for trafficking and distribution. In other words, the sale of cannabis in Italy still remains illegal (except for hemp flower). This is why the question, is weed legal in Italy, is tough to answer.

Italians won’t be buying recreational cannabis in dispensaries any time soon, however it is likely that a strong grey market will develop with the new lax restrictions.

To use Washington D.C. as an example; the District of Columbia legalized cannabis recreationally in 2014, however a rider in the bill prohibited any district funds from being used to implement a retail industry. In other words, it was legal to grow and possess cannabis, but there was nowhere to buy or sell it recreationally.

This created a grey market in which consumers would “gift” cannabis to each other in exchange for a “donation”, skirting around the law prohibiting the sale of cannabis. If we can assume anything following the rise in popularity of hemp flower, it is that there will likely be a similar grey market that develops in Italy.

Mexico top court decriminalizes recreational marijuana use

by The Real Dirt | Jun 29, 2021 | 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Legalization, Politics

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.

Original Story from Yahoo News

Louisiana Marijuana Decriminalization Signed into Law by Governor

by The Real Dirt | Jun 16, 2021 | 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News

A bill to decriminalize the possession of small amounts of marijuana for personal use in Louisiana will become law after Gov. John Bel Edwards signed the legislation from Democratic Rep. Cedric Glover Tuesday.

“This is not a decision I took lightly,” Edwards said. “The state of Louisiana should no longer incarcerate people for minor legal infractions, especially those that are legal in many states, that can ruin lives and destroy families, as well as cost taxpayers.”

Although Edwards said the bill won’t technically “decriminalize” possession of small amounts of pot, the penalty would be less than most speeding tickets.

The bill would make possession of 14 grams or less — about half an ounce — a misdemeanor in all cases and limit the fine to $100 with no jail time. It takes effect Aug. 1.

Glover said he believes House Bill 652, which is based on a local ordinance passed in Shreveport, found a sweet spot with those whose attitudes about weed are evolving but who don’t yet support full legalization.

“One thing I think we can find common ground on is the belief that the possession of small amounts of marijuana should not lead you to jail or to become a felon,” Glover has said repeatedly. Glover formed a rare alliance with conservative Shreveport Republican Rep. Alan Seabaugh, whose amendment in the House set the parameters for penalties.

“It essentially provides for the officer to write a ticket with no jail time,” Seabaugh said then. Louisiana had been one of 19 states that haven’t either legalized pot or decriminalized it.

The bill does not alter the penalties for someone who is distributing marijuana, only for possession. A bill from Republican state Rep. Richard Nelson that would have legalized the sale and use of marijuana died in the House earlier in the session.

But a bill from Republican Houma Rep. Tanner Magee adding smokable cannabis to the state’s medical pot program options has already won final passage and also has the governor’s support.