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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.

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.

Biden’s proposed budget keeps a block on recreational weed sales in Washington, DC

Biden’s proposed budget keeps a block on recreational weed sales in Washington, DC

A rider that has effectively blocked recreational cannabis for years in Washington, DC appears in President Joe Biden’s proposed 2022 budget, which may keep weed on the back burner yet again.

Even though residents of DC voted to legalize possession of recreational marijuana in 2014, the measure has been in limbo since then, derailed by a rider to DC’s appropriations bill first introduced by Rep. Andy Harris (R-MD), that prohibits the District from spending its local funds on commercialization of recreational cannabis, such as dispensaries. And Biden’s proposed 2022 budget includes the rider’s language yet again.

Del. Eleanor Holmes Norton (D-DC) said in a statement she was having a hard time reconciling the Biden administration’s support for DC statehood with its budget that would prevent DC from commercializing recreational cannabis. “With Democrats controlling the White House, House and Senate, we have the best opportunity in over a decade to enact a D.C. appropriations bill that does not contain any anti-home-rule riders,” Norton said.

Asked if the president plans to remove the language from the proposed budget, a Biden administration official said in an email to The Verge that the president “continues to strongly support DC statehood, under which the people of DC could make policy choices just like other states.”

DC has long had a so-called “gray market” for marijuana, with medical cannabis legal, and recreational cannabis technically legal, but unable to be taxed or regulated because of the Harris rider. DC voters first approved medical marijuana in 1998, but it too was initially blocked, by the Barr Amendment, legislation that Congress finally overturned in 2009.

Biden, once a leading voice in the “War on Drugs” of the 1980s and ’90s, said during the 2020 presidential campaign that it was “time to decriminalize” marijuana use, but so far during his administration there’s been little action to do so at the federal level. Dozens of US states have legalized medical marijuana, recreational marijuana, or both, and public opinion supporting legal weed is at an all-time high. And Senate Majority Leader Chuck Schumer (D-NY), and Sens. Cory Booker (D-NJ) and Ron Wyden (D-OR), have said they would work together to advance comprehensive cannabis reform.

In February, DC Mayor Muriel Bowser proposed legislation “to create an equitable adult-use cannabis program” in DC, which would impose a 17 percent tax on cannabis sales. But it’s unlikely to take effect if the rider remains in Biden’s proposed 2022 budget.

Alabama governor signs medical marijuana legislation

Alabama governor signs medical marijuana legislation

Alabama medical marijuana signed by Governor

MONTGOMERY, Ala. — Alabama Gov. Kay Ivey signed medical marijuana legislation Monday as conservative opposition to the issue gradually faded after decades of debate.

The program will allow people with one of 16 qualifying medical conditions, including cancer, a terminal illness and depression, to purchase medical marijuana with the recommendation of a doctor. The approval came eight years after a medical marijuana bill in 2013 won that year’s so-called “Shroud Award” for the “deadest” bill of the year in the House of Representatives.

 

Ivey called signing the bill an “important first step” and thanked the sponsors, of the bill for their work. While the bill takes effect immediately, the bill sponsor estimated it will be about 15 months or so before medical marijuana is available in the state.

“This is certainly a sensitive and emotional issue and something that is continually being studied. On the state level, we have had a study group that has looked closely at this issue, and I am interested in the potential good medical cannabis can have for those with chronic illnesses or what it can do to improve the quality of life of those in their final days,” Ivey said.

The bill was sponsored by Republican Sen. Tim Melson, an anesthesiologist. It was handled in the House of Representatives by Republican Rep. Mike Ball, a former state trooper and state investigator. The approval came after a number of lawmakers shared stories of loved ones and their illnesses.

“Hopefully, we are going to help some people,” Melson said Monday night.

Melson said for people who have tried other treatments without success, that people will have “another option to treat themselves and get some relief.” The state Senate approved the bill in February by a 21-8 vote after just 15 minutes of debate. But the House of Representatives had traditionally been more skeptical of medical marijuana proposals and sent the bill through two committees before approving it 68-34.

The bill would allow the marijuana in forms such as pills, skin patches and creams but not in smoking or vaping products.

The program authorizes use of medical marijuana to treat for conditions including cancer-related nausea or vomiting, or chronic pain; Crohn’s disease; depression; epilepsy, HIV/AIDS-related nausea or weight loss; panic disorder, Parkinson’s disease; persistent nausea; post-traumatic stress disorder; sickle cell anemia; spasticity associated with multiple sclerosis, spinal cord injury and Tourette’s syndrome.

Representatives voted to name the bill after the son of a state Democratic representative, Laura Hall. She had first introduced a medical marijuana bill over a decade ago after her son Wesley ‘Ato’ Hall had died of AIDS.

Ball, who shepherded the bill through the House, said last week that “hearts and minds” were slowly changed on the issue.

“I think we just educated them as much as anything. This wasn’t done on emotion. This was done on science,” Melson said.