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New York State Officially Legalizes Cannabis For Adult Use

The State of New York has officially legalized cannabis for adult use after a long, hard-fought battle by cannabis advocates. New York is a very, very big domino to fall, and will hopefully lead to more reform not only in the United States but also in other countries.

Below is more information about today’s historic event courtesy of a press release from our friends at NORML:

New York Governor Andrew Cuomo today signed The Marijuana Revenue and Taxation Act (MRTA) into law, which legalizes and regulates an adult-use commercial marijuana market in New York State, and also permits those over the age of 21 to cultivate personal-use quantities of cannabis in their own homes.

The provisions specific to the personal possession of marijuana took effect upon signing.

“I just signed legislation legalizing adult-use cannabis,” Governor Cuomo said in a statement. “The bill creates automatic expungement of previous marijuana convictions that would now be legal. This is a historic day. I thank the Leader and Speaker and the tireless advocacy of so many.”

NORML Executive Director Erik Altieri stated, “This signals an end to the racially discriminatory policies that have long made the Empire State the marijuana arrest capital of the United States, if not the world. This stops police from annually arresting tens-of-thousands of New Yorkers for low-level marijuana offenses, the majority of whom are overwhelmingly young, poor, and people of color.”

NORML Deputy Director Paul Armentano added, “The passage of this legislation will not only have serious economic and social justice ramifications for its nearly 20 million residents, but it no doubt will have ripple effects across the nation and arguably also within the halls of Congress — providing further pressure on federal lawmakers to amend federal law in a manner that eliminates the existing inconsistencies between state and federal cannabis policies.”

Six percent of US House members represent New York State, and seven percent of all Congressional House Committee and Subcommittee Chairs are from New York.

Empire State NORML Deputy Director Troy Smit said, “It’s taken a great amount of work and perseverance by activists, patients, and consumers, to go from being the cannabis arrest capital of the world, to lead the world with a legalized market dedicated to equity, diversity, and inclusion. This might not be the perfect piece of legislation, but today, cannabis consumers can hold their heads high and smell the flowers.”

The Act established a process for the licensed production and retail sale of marijuana to adults. Regulators would license delivery services and on-site consumption facilities. Retail sales will be taxed at nine percent, plus up to a four percent local tax, as well as an additional tax based upon THC content. Localities that do not wish to have cannabis retailers in their neighborhoods can opt out, but they will not receive tax revenues if they choose to do so. The Act also provides expungement relief for millions of residents with past cannabis convictions on their records.

Forty percent of tax revenue will be directed toward communities disproportionately impacted by cannabis prohibition. Provisions in the MRTA seek to award half of all business licenses to social equity applicants.

Cannabis Stop And Searches To Be Examined In London

The UK may be having a Black Lives Matter moment on the issue of stop and search by the police looking for “illegal drugs” including cannabis.

Move over Meghan and Harry! The Mayor of London is doing his part to further race equality in the UK and even more, where the same intersects with cannabis. Namely, Sadik Khan has drawn up plans to eliminate the practice of the Metropolitan Police of stop and search on the suspicion of the same.

Much like the U.S., more attention is being paid to how minorities are treated by the police right now in the UK. This includes the fact that minorities are stopped and charged more often. And suspicion of drug possession is the most common reason given by British police officers for the search in the first place.

In addition, as broken by the Guardian newspaper, there is apparently at least one other major police force outside of London which is considering curbing the reason for a stop and search in the first place.

Time for A Change on Minorities and Cannabis Everywhere?

No matter how much times change, they still seem to stay the same. In the 1930s, cannabis use (including of the medical kind) was used to stigmatize both black people (in the United States) and Jews (in Germany). Ever since the association with race and cannabis use has blotted an issue that is again finally rising to public awareness.

The review by Khan follows a report by the police inspectorate that revealed that almost half of all stop and searches in England and Wales have been carried out by the Met police. The question now firmly in front of lawmakers in cash-strapped times is whether this is really an effective use of the police force’s time.

The Met is also setting a target to recruit 30% of its new officers from minority populations, rising to 40% as of next year. According to Khan, “It is crucial that our communities feel they are properly listened to and concerns about the disproportionate use of police powers acted upon if we are to improve the trust and confidence among all Londoners.”

Make sure you get your International Cannabis Business Conference tickets now for the upcoming investor conference in Austin and the return of the International Cannabis Business Conference to Berlin this summer!

European Cannabis Association Is Working Towards A Harmonized Regulatory Framework

Cannabis is medicine. That is a phrase that has always been true, yet was not always reflected in public policy. The cannabis plant was prohibited across the globe for many years and subjected to a tremendous amount of negative propaganda and stigma.

Fortunately, the truth about the cannabis plant and its wellness properties could not be contained forever. Activists across the planet worked extremely hard to cut through the propaganda and get the facts out to society regarding medical cannabis.

Myth after myth was debunked. As public awareness about medical cannabis spread, so too did cannabis reform victories and compassion and healing as patients started to gain safe access to medical cannabis.

Few if any medications are as dynamic as cannabis-based medicines. As tens of thousands of peer-reviewed studies have found, the cannabis plant can be used to successfully treat a number of conditions. Those studies are also backed up by the personal experiences and testimonials of countless patients.

Medical cannabis is now, thankfully, being embraced by more and more countries throughout the world, including and especially in Europe. The medical cannabis industry is booming on the European continent, with domestic markets ramping up, as well as imports and exports.

With that being said, Europe’s medical cannabis industry is still in its infancy by many measures. As of right now, policies across the continent are a bit of a patchwork of sorts and there is not a balanced framework in place for medical cannabis products like there is with other legal medicines.

Getting the right Europe-wide medical cannabis framework of policies, rules, and regulations in place is vital to the future success of Europe’s medical cannabis industry. Europe is home to roughly 750 million people, many of which will benefit from safe access to medical cannabis. Those suffering patients deserve to have a medical cannabis industry that helps them as much as possible, and that will only happen if entrepreneurs are operating in a business environment that is conducive to helping them succeed.

That’s where the European Cannabis Association (ECA) comes in. ECA recently launched and will focus on consulting and helping European lawmakers and regulators craft standards for the production of medicinal cannabis, among other things.

“The use of medical cannabis has a very high potential and it has become one of the most important economic topics in recent years. Nevertheless, there is still no harmonized regulatory framework that governs the trade in medical cannabis at the EU level.” stated ECA member Peter Homberg. Homberg is the Head of German Life Sciences Practice at Dentons, as well as Head of the European Cannabis Sector Group at Dentons.

“The ECA addresses exactly this area and offers support in consulting and developing uniform standards for the production of medical cannabis. In particular, the ECA informs its members about the current EU framework conditions in the field of medical cannabis, stays in contact with and influences on policymakers and regulatory bodies with the aim of achieving appropriate framework conditions in particular on a European level, represents the European medical cannabis industry in an international environment, develops and supports international networks and organizes and realizes industry conferences.” Homberg went on to say.

Getting the right medical cannabis framework in place in Europe is vital because it will steer the young industry well into the future. Initial rules and regulations will inevitably change, however, those changes will presumably be incremental and a future complete overhaul will be unlikely. Lawmakers and regulators need to get it right the first time.

A collective industry voice will be key to the ongoing regulatory framework process. Cannabis opponents and uneducated skeptics will no doubt have a seat at any regulatory table, and they will certainly have collective voices lobbying all over Europe. That lobby presence has to be met with a credible collective voice representing the medical cannabis industry.

Membership to the European Cannabis Association is open to all stakeholders in the medical cannabis industry, whether they are large companies or small and medium-sized enterprises, including start-ups. Interested parties can find out more, including how to join ECA, at EuropeanCannabisAssociation.com.

Greek Parliament Considers New Cannabis Investment Bill

A draft law proposes to ensure the regulation of a safe medical cannabis market at home and for exports.

Greece is steadily moving forward on improving both its investment and regulatory climate to encourage more production of cannabis in the country for export and to normalize cannabis medications from elsewhere.

The draft law of the Ministry of Development and Investment seeks to ensure a regulatory schema for the medical industry. This will include accepting European-wide marketing authorization (so producers do not have to seek individual approval in Greece if approved elsewhere). The restriction on the state monopoly control of products is also coming to an end.

National Distribution

The implications of the bill start with domestic distribution. Producers will be able to distribute domestically through a normalized pharmaceutical channel. This means that they can distribute directly to pharmacies, treatment centres and hospitals.

It also means that Greek producers finally will be able to meet international requirements to export internationally – namely the medical program domestically will fall under the rubric of the national medicines’ agency, which is a first, big requirement for export.

The Export Market Is Calling

The bill stipulates that the production of finished products in 30-gram packets will be permitted. This is a clear bid to enter the European medical market elsewhere (including Germany). The production of such product will also be allowed, regardless of how such products are used in the export country – either as a raw, intermediary, or finished product.

One of the more interesting aspects of this approach, of course, is that it also sets Greece up as a potential producer for not only medical markets but of course, the recreational ones that are now beginning to plan for on-the-ground rollout. See Luxembourg and Switzerland in particular.

The Nevada of Europe?

Greece represents an interesting turn of events for the industry across Europe. Not only is the investment and other climate right for this kind of industry, but the tourist potential from abroad, especially from Europe, is high. Health insurance “travels” here. That means that a German patient-tourist living in Greece, could get a medical cannabis prescription written by a local doctor and get it covered by an insurer at home.

As the Pandemic restrictions continue to lift, and the major issues with access at home continue, it is not unrealistic to expect to see longer-term tourists or even regular, quarterly visits for patients looking for ways to treat their condition more cheaply than they can at home.

For the most up to date information on investment opportunities across Europe, be sure to book your tickets now for the return of the International Cannabis Business Conference to Europe this July!

Lawmakers In Mexico Advance Cannabis Legalization Measure

In late 2018 Mexico’s Supreme Court issued a ruling striking down cannabis prohibition. Mexico’s highest court (no pun intended) deemed Mexico’s cannabis prohibition policy to be unconstitutional.

Initially, Mexico’s Supreme Court gave lawmakers a one-year deadline to pass legislation to implement the Court’s decision. Unfortunately, that initial deadline was not met and lawmakers requested an extension, which the Court granted.

The second deadline could not be met due to the start of the coronavirus pandemic, and another extension was granted, this time with a deadline of the end of 2020.

With the pandemic failing to subside, yet another extension was granted, this time for April 2021. Unlike previous pushes for a legalization measure by lawmakers in Mexico, it appears that the third time could be the charm. Below is more information about it via a news release sent to us from our friends at NORML:

Lawmakers in Mexico’s lower chamber voted 316 to 129 on Wednesday in favor of amended legislation to legalize and license the adult-use marijuana market. Because House lawmakers made changes to the language of the bill, it must now go back to the Senate for reconsideration.

“We applaud lawmakers in Mexico for advancing a more just and sensible marijuana policy in their country,” commented NORML Executive Director Erik Altieri, “By legalizing the possession and personal cultivation of marijuana by adults, and regulating its commercial sale, our neighbors to the south are implementing marijuana laws that represent common sense, sound public policy, and popular opinion. Our own elected officials should learn from their Mexican counterparts, in addition to those governing our northern neighbor Canada, and finally end our failed federal prohibition of marijuana.”

Under the proposal, those ages 18 and older would be permitted to legally possess personal use quantities of cannabis (up to 28 grams). Home cultivation of up to six plants is also permitted. Corporate production and retail sales will be allowed under a commercial licensing scheme.

Medical cannabis production and distribution, which is already permitted on a limited basis, will continue to be regulated separately by Mexico’s health ministry.

In 2018, justices on Mexico’s Supreme Court struck down Mexico’s marijuana criminalization laws and ordered lawmakers to enact legislation regulating the plant’s production, sale, and use.

If approved, Mexico will join Canada and Uruguay as the only other countries to have formally adopted marijuana legalization nationwide.

Legalization Works As Demonstrated By US/Mexico Cannabis Seizure Data

The war on cannabis has always been a war on people. The harms of cannabis prohibition have caused havoc and suffering all over the globe, including in North America.

For many decades cannabis was completely prohibited in Canada, the United States, and Mexico. Cannabis is still prohibited at the federal level in the United States, and in Mexico it’s still prohibited for adult use, however, cannabis is legal nationwide in Canada now.

At the local level cannabis is legal for adult use in a growing list of states in the US despite federal prohibition. Virginia recently announced that it will legalize cannabis for adult use in the coming years, making it the 16th state to do so. Washington D.C. has also legalized cannabis for adult use.

All of that legalization is coupled with medical cannabis reform. Medical cannabis is now legal almost everywhere in North America in one form or another, from limited CBD laws all the way up to robust medical cannabis programs.

Reform victories have led to the creation of numerous legal cannabis markets throughout the North American continent, including in the United States where the demand for cannabis is tremendous.

One of the biggest selling points for cannabis legalization is that it transfers cannabis sales from an unregulated system that has a large organized crime and cartel presence to a regulated system that provides for the sale of tested, regulated, and taxed products, with taxes benefitting all of society.

There’s new data out regarding seizures of cannabis at the US/Mexico border, which is insightful given how much unregulated cannabis has been smuggled from Mexico into the US over the course of many decades.

As expected, border seizures have diminished with more consumers opting to shop within a regulated system, which is detailed in a news release below via our friends at NORML:

Marijuana seizures along the southern border have fallen over 80 percent since 2013, according to data published this week by the US Drug Enforcement Administration.

In the agency’s 2020 National Drug Threat Assessment publication, author’s write: “In US markets, Mexican marijuana has largely been supplanted by domestic-produced marijuana. In 2019, CBP [US Customs and Border Protection] seized nearly 249,000 kilograms of marijuana along the SWB [southwest border], a decline from over 287,000 kilograms in 2018. CBP marijuana seizures along the SWB have decreased more than 81 percent since 2013, when almost 1.3 million kilograms were seized.”

Marijuana seizures at the southern border reached an all-time high in 2009, when nearly four million pounds of cannabis were confiscated by federal agents.

Colorado and Washington became the first two states to legalize the commercial production of marijuana for adults in 2012. Thirteen additional US states have since passed similar laws.

Commenting on the sharp decrease in US demand for Mexican-produced cannabis, NORML’s Political Director Justin Strekal said: “This dramatic shift in the cannabis supply chain is a welcome development. As reformers predicted, when given the option, consumers choose their cannabis to be grown in America. States’ decisions to legally regulate cannabis has, as expected, led to a precipitous drop in demand for imported cannabis and has significantly disrupted the illicit cannabis trade in Mexico. These are important developments to emphasize as additional states continue to discuss replacing cannabis criminalization policies with those that seek to legalize and regulate the marijuana marketplace.”

The full text of the DEA’s 2020 National Drug Threat Assessment is available for download.

New Zealand’s Justice Minister: No Plans To Decriminalize Cannabis

Cannabis reform supporters across the globe had huge hopes in 2020 that New Zealand would legalize cannabis for adult use via a measure that was placed on the ballot by lawmakers.

Only two countries had legalized cannabis for adult use prior to the 2020 election in New Zealand (Uruguay and Canada), and with legalization stalling in Mexico, New Zealand was poised to become the third country to legalize.

Unfortunately, voters in New Zealand struck down the legalization measure, and cannabis prohibition remained in place. It was a lost opportunity for sure, but still a significant milestone with voters at least getting a chance to weigh in.

With legalization off the table in New Zealand for now, the focus amongst some activists shifted to decriminalizing cannabis, which does not seem to have the support of New Zealand’s government.

No Government Plans For Decriminalization

The bad news is that New Zealand’s Justice Minister Kris Faafoi made it clear that the government has no current plans to decriminalize cannabis right now.

However, the good news is that the Justice Minister also stated that his party would not oppose MPs voting for a decriminalization measure if it was part of a legislative measure.

With all of that being said, it’s not likely that a decriminalization measure will be introduced any time soon. It’s unlikely that a Labour Party member will introduce a bill because the party has made it clear that its position is ‘to respect the vote’ from 2020.

It is also unlikely that a Green Party member will introduce a decriminalization measure because the party clearly wants full legalization to happen as soon as possible, which is why it pushed the 2020 legalization measure.

Support For Decriminalization Is Significant

A poll was recently conducted by Labour Party pollster UMR for the Helen Clark Foundation. The poll found that 49% of respondents supported adult-use cannabis legalization, which is similar to other polls released prior to the 2020 legalization vote.

While 49% is obviously not a majority, let alone a super-majority, when the support for legalization is combined with decriminalization the number jumps to 69%.

A cannabis decriminalization referendum is not politically viable from a political will standpoint for whatever reason, however, a decriminalization measure is clearly popular among constituents and that’s something that lawmakers in New Zealand need to take note of.

Legalization will always be better than decriminalization, but decriminalization will always be better than criminalization. Currently possessing a personal amount of cannabis carries a potential fine of $500 and up to 3 months in jail in New Zealand.

Should Free Cannabis Be Distributed In British Prisons?

All sorts of people are lining up to support an idea proposed by a Welsh police commissioner to give free cannabis to the incarcerated.

Arfon Jones, the police and crime commissioner for North Wales, has a radical idea. He believes that free cannabis should be distributed to British prisoners – and for several reasons.

The first is to target prisoners who are taking other kinds of drugs illicitly as well as those prescribed by the prison system. The second is to lower violence.

Jones, along with others directly involved in the welfare of prisoners is raising this idea in part because of the prevalence of other, more dangerous, and highly addictive if not deadly drugs taken routinely by those behind bars. This includes drugs prisoners are prescribed as well as illicit ones smuggled into prisons. 

Generally, Jones also falls into the camp of those who wish the drug to be regulated to remove organized crime from the equation. He is also a supporter of home-grow for limited personal use. But he is far from the only member of the police who sees a need for a formal policy about cannabis – both in and outside of lockup.

In 2019, an inquest into drug smuggling into a single British prison – HMP Berwyn – found that organized efforts to stop the same by authorities and prison staff had systematically failed after a 22-year-old inmate died in his cell from ingesting Spice. About 13% of male British prisoners have reported becoming addicted to illegal drugs while in prison.

Opioids are obviously a concern, but so is Spice – a so-called “cannabis substitute.” Spice is in fact made from a chemical, synthetic cannabinoid, but its effects can be deadly.

According to Professor David Nutt, former UK government drugs advisor and currently working in the industry, this is a great idea. Indeed, he is considering a study to see whether cannabis could reduce drug dependence by the incarcerated

Do No Harm

While political arguments on both sides of the aisle (from both Labour and Tory ministers) have also skewed to the prohibition side of the equation, there is a growing interest in this discussion from a public health perspective.

Indeed, as medical cannabis becomes more accepted as medicine, its role in helping to treat those who struggle with other kinds of dependency, from other drugs to alcohol, will become far more standard. 

Where better to test this idea than prisoners?

Be sure to book your seats at the International Cannabis Business Conference when it returns to Germany in July 2021.

New Jersey Finally Passes Cannabis Legalization Implementation Legislation

The road to adult-use cannabis legalization in New Jersey has been a long, winding path riddled with hurdles and setbacks. After New Jersey failed to legalize cannabis via the legislative process for many years lawmakers referred the issue to voters.

Voters approved the cannabis legalization measure in a resounding fashion during the 2020 general election. While the vote legalized cannabis in New Jersey, implementation legislation was still required.

After a lot of back and forth, New Jersey lawmakers finally passed the necessary legislation and Governor Phil Murphy has signed it. Below is more information about it via a news release from our friends at NORML:

Democratic Governor Phil Murphy signed enabling legislation into law on Monday realizing voters’ Election Day demands to legalize adult-use marijuana possession and license retail marijuana sales.

Three bills were signed by the Governor. A21/S21 licenses the commercial production and retail sale of cannabis to adults. Under the new law, those age 21 or older may legally purchase and possess up to one ounce of cannabis. Retail sales are subject to state sales tax. Seventy percent of the revenue derived from sales taxes will be directed toward reinvestment in designated, lower-income communities. An additional excise tax will also be imposed on commercial sales.

The new law caps the number of state-licensed cultivators at 37 for the first two years. Existing state-licensed medical cannabis producers will be among those eligible to provide to the retail market. It has been estimated that adult-use retailers may be operational within six months.

Murphy also signed A1897, which removes criminal and civil penalties for the private possession of up to six ounces of cannabis by adults, as well as for the possession of personal use amounts of hashish (up to 170 grams). It also depenalizes activities involving the transfer of up to one ounce of cannabis, and reduces criminal penalties for activities involving larger quantities (distribution of more than one ounce, but less than five pounds) of the substance.

Provisions in the law also seek to facilitate the expungement of criminal records involving low-level marijuana crimes. Said Gov. Murphy in a statement, “Starting immediately, those who had been subject to an arrest for petty marijuana possession will be able to get relief and move forward.”

Gov. Murphy also signed a third piece of legislation into law, A5342. It provides for a series of written warnings, rather than the imposition of either criminal penalties or fines, for those under the age of 21 who are caught with cannabis. The Governor lobbied for the measure, which was passed by lawmakers just hours before being signed into law. Under the measure, third-time juvenile offenders could receive community service. Provisions in the law also restrict police from conducting searches of juveniles based solely on the odor of marijuana and include punitive measures if law enforcement intentionally do so anyway.

“The enactment of these laws is long overdue,” said NORML State Policies Manager Carly Wolf — who emphasized that state and local police have made over 6,000 arrests for marijuana-related violations in the months since New Jersey voters overwhelmingly decided in favor of legalization at the ballot box. Newly issued guidance from the state’s attorney general’s office has requested that local prosecutors drop those cases. “Now, going forward, tens of thousands of otherwise law-abiding New Jerseyans will no longer be subject to arrest and a criminal record for their personal use of marijuana, and the commercial market will be regulated in a fair and inclusive manner.”

An analysis of nationwide arrest data published in 2018 reported that New Jersey ranked third in the nation in total marijuana arrests and second only to Wyoming in per capita arrests.

Provisions in the bill allowing the use and possession of marijuana take immediate effect.

“While we are pleased to see the will of New Jersey voters finally enshrined into approved legislation, it was a grotesque failure on the part of elected leadership that it took so long to do so,” stated NORML Executive Director Erik Altieri, “Despite nearly seven in ten New Jersey residents voting in favor of legalization on Election Day, it took lawmakers 111 days following that vote to achieve consensus to enact enabling legislation into law. During this undue delay, over 6,000 citizens faced charges for activities most New Jerseyans demanded be legalized. It is our hope that lawmakers and regulators going forward implement these laws with a renewed sense of urgency.”

Governor Murphy acknowledged the delay, stating, “Although this process has taken longer than anticipated, I believe it is ending in the right place and will ultimately serve as a national model.”

New Jersey is among the fifteen states where either voters or lawmakers have enacted legislation legalizing the possession and distribution of marijuana to adults.