Cannabis Politics Across the Country This Week
By Rick Schettino
JAN 25, 2018
California Growers File Suit Over Large-Scale Grows
According to a report in The Sacramento Bee, the California Growers Association has filed a lawsuit in Sacramento County Superior Court, alleging that the California Department of Food and Agriculture has defied the will of voters by allowing large-scale marijuana farms. According to Hezekiah Allen, executive director of the California Growers Association, the caps on farm-size are essential to “stop the industry from becoming ‘Big Tobacco 2.0,’” the Bee reports.
The suit attempts to protect the small growers which CGA represents, arguing that Proposition 64, which was approved in November 2016, intended to “ensure the non-medical marijuana industry in California will be built around small and medium-sized businesses by prohibiting large-scale cultivation licenses for the first five years.”
State regulations released last year restrict licenses for grows one acre or larger for five years. However, back in November, the Department of Food and Agriculture released emergency regulations which allowed for a single entity to apply for an unlimited number of small-grow licenses, essentially creating a loophole for larger grows.
The lawsuit states:
Approving large cultivation operations in 2018 will significantly reduce the ability of small and medium businesses to compete economically in the regulated market. As a result, more small and medium cultivators will choose not to enter the regulated market and will instead stay in the illegal market.
New Mexico Lawmaker Floats Decriminalization Proposal
According to an AP report published by Leafly, New Mexico Democrat, Sen. Joseph Cervantes of Las Cruces has proposed eliminating criminal penalties for possession of small amounts of marijuana and replacing them with a meager $50 fine. The Senate approved a similar bill last year which died in the House.
As with most decriminalization proposals, the hope is that removing criminal penalties will free law enforcement and judicial resources and let them focus on more serious issues.
New Mexico already has a medical marijuana program in place. Recently, three Democratic candidates for governor, including Cervantes himself, have come out in favor of legalizing recreational marijuana. Republican gubernatorial candidate Congressman Steve Pearce and outgoing Republican Gov. Susana Martinez are both opposed to legalization.
Arizona Considering Multiple Marijuana Measures For 2018
Weed News reports that the Arizona Legislature, which began its 2018 legislative session last week, has several marijuana bills under consideration, some of which, the report claims, might undermine the state’s current medical program.
One bill being considered would allow prosecutors to determine whether individuals on parole or probation can access medical marijuana. A 2015 state Supreme Court decision ruled that medical marijuana could not be withheld from patients in this position.
Another bill would make anyone who publishes the address of a dispensary that is different from that on file pay a $10,000 fine - even if it’s just a typo.
And another would reduce the penalty for possession of less than an ounce of marijuana to $100, essentially decriminalizing marijuana.
Arizona Burns Through 43 Tons of Cannabis in 2017
According to the Phoenix New Times, Arizonans Consumed a record 43 tons of marijuana in 2017. That figure is 50% higher than in 2016, when residents burned through a ‘mere’ 29 tons of cannabis.
At the end of December 2017, the state counted 153,000 registered patients, a 34% increase over the same month in 2016. Many attribute the sudden rise to the defeat of the state recreational initiative, making marijuana consumers impatient.
Illinois Lawmakers Hold Hearings on Legalization
State lawmakers in Illinois held their fourth public hearing on the legalization of marijuana Monday morning. The hearings are meant to legislators with input to help them create a bill which is expected to be proposed in early February.
According to a local ABC News report, Democratic Sen. Heather Steans said the bill’s goal will be “to reduce black market, keep teens away, and bring in revenue to a safe and secure environment,” pointing to the up to $700 million in tax revenue that could be generated.
Cook County Board President Toni Preckwinkle sees the bill as a means of ending racial disparities in the criminal justice system, saying, "Rarely do we see white college students or young professionals, suburban high school students or their prosperous parents arrested or detained for the use or possession of marijuana.”
Massachusetts Bill Aims To Protects Marijuana Businesses From Feds
Legislators in Massachusetts have responded Jeff Sessions’ recent trashing of the Cole Memo by introducing a bill that would prohibit state and local police from participating in federal cases against licensed operators who follow state marijuana laws, making it much more difficult for federal agents to harass them, according to a report in Weed News.
Shortly after the Cole Memo was revoked, the U.S. Attorney for Massachusetts, Andrew Lelling, calling marijuana a “dangerous drug,” refused to promise to limit prosecution to illicit dealers.
The “Refusal of Complicity Act,” as it’s called, was introduced by Representatives Dave Rogers and Mike Connolly. “We have a state law, it’s valid, and we think it should be respected,” said Connolly. “If federal law enforcement has something different in mind, they can use their own resources, because Massachusetts taxpayers shouldn’t have to pay to do something that goes against our laws.”
The State Police and the Boston and Worcester Police Departments have already indicated that they will not participate in federal interdiction.
