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In 2018, voters in Missouri made it clear that they wanted access to medical marijuana. But, a year and a half later, they don’t quite have their program up and running yet. Following the timeline provided, the state moved forward with issuing medical marijuana identification cards for registered patients – but the state’s 192 dispensaries that have been approved are still months away from opening. This has left nearly 30,000 patients without a way to access their medicine legally – but that won’t stand in the way of their right to possess it. 

“If individuals are in possession of marijuana and possess a valid and legal prescription we will uphold their constitutional rights and they will not be arrested,” writes department spokeswoman Tracy Panus. “We will not arrest individuals based upon the assumption the marijuana was obtained illegally.”

Though there is no way for patients to legally obtain their medical marijuana – as even purchasing it from a state that allows out-of-state ID cards still means crossing state lines with the product – patients are not going to be penalized if they are found in possession of marijuana. 

This was very clearly spelled out in a recent letter written by Lyndall Franker, who is the Department of Health and Senior Services Director of Medical Marijuana. The January 28th letter was released in the hopes of clearing up any confusion surrounding the issue, at the request of law enforcement and legislators alike. 

The letter by Franker reads as follows: “It is the opinion of DHSS that, pursuant to Article XIV, individuals who hold a valid medical marijuana identification card are currently authorized to possess and use medical marijuana, and the lack of a mechanism by which those individuals may legally come into possession of medical marijuana does not change their right to possess it.”

In the letter, Franker also claims that this situation was “inevitable” with the schedule provided by the state constitution to get things up and running. He made a point to mention that it takes months to cultivate, test and process medical marijuana for it to be ready for sale – citing this as the main reason behind the delay in getting products to patients. 

In the meantime, until products are available for patients to purchase in Missouri, registered patients don’t have to fear being arrested if they’ve been obtaining their medicine elsewhere. However, that doesn’t mean patients in the state are immune to arrest for illegal sale or federal charges for trafficking if they are bringing their cannabis in from another state, which is something else MMJ patients need to keep in mind. The good news is that a few months from now, this should no longer be an issue for Missourians hoping to find relief with medical cannabis.

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Julia Granowicz, KahliBuds, 420GrowLife

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The United States Department of Justice isn’t supposed to be wasting tax dollars prosecuting marijuana crimes that are otherwise legal under state laws. However, it seems that even now if they feel a business operator has stepped out of bounds in some way, they will swoop in and remind us all that federal law is above any law passed by individual state governments. Michigan dispensary owner Danny Trevino (of Lansing) has finally reached sentencing for the charges he faced for the operation of his Hydroworld shops in Lansing, Grand Rapids, Jackson, Flint and Mount Pleasant – and the judge gave him a total of 15 years and 8 months in federal prison. 

“States are changing marijuana laws across the country, certainly that’s true, but federal law has not changed,” U.S. District Judge Paul Maloney said.

Trevino was convicted of 10 felony charges, including conspiracy to manufacture, distribute and possess marijuana and maintaining a drug-involved premises. Throughout the trial, he was not allowed to use the Michigan state marijuana laws as a defense against the federal charges – though he maintains that he was operating within state law. 

While he was arrested in 2014 in Grand Rapids for delivery or manufacturing of marijuana and maintaining a drug house, the charges were dropped a month later. Later, he fought the forfeiture of funds seized by the police. He eventually won that battle, and his money was returned by the state. His businesses saw 16 raids between 2010 and 2016, but each time he was able to provide the state with both store records and tax records. Even with the state’s cloudy medical marijuana regulations at the time, it appears he attempted to remain compliant with those laws. 

Considering the fact that he was cleared of charges at the state level, you would think the federal government would step back. Instead, Assistant U.S. Attorney Daniel McGraw says that Trevino knew he was acting illegally under federal law and basically, that’s all that matters. 

This is a case that didn’t need to be seen by a judge as there are far more important things that the court system needs to worry about. The state didn’t take the time to seek a conviction, and the Department of Justice had no need to step in and get involved. However, this is certainly a reminder that even for state-legal businesses, there remains some risk from federal interference if you don’t comply with state law in every single aspect. 

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Julia Granowicz, KahliBuds, 420GrowLife

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Alaska was one of the first four states to legalize cannabis for adult-use – and now, it is the first to have state-approved consumption spaces within their dispensaries. The idea of on-site consumption is one that lawmakers around the country have been toying with, but Alaska was the first to say they would do it, and it looks like that time has finally arrived. It took years – even after regulations for such spaces were passed – to get to this point. But, the Marijuana Control Board voted 3-2 in favor, and Cannabis Corner near Ketchikan and GoodSinse in Fairbanks are the first to receive approval. 

“I don’t see it being something that starts proliferating heavily. But it’s definitely something that should exist, and there should be options for social consumption, particularly because public consumption is still illegal,” Morgan Fox, a spokesman for the National Cannabis Industry Association, said Friday.

Requirements for the consumption spaces including being separated from the rest of the property – in the form of a secure door, separate ventilation system, or by being outdoors. People will not be able to bring their own cannabis – it will need to be purchased from the dispensary on-site prior to consumption. It also requires smoke-free areas for employees, where they will be able to monitor consumption. 

While there are other places, like Denver, where a local social use initiative was passed, these are the first state-approved consumption spaces within a dispensary. The expectations as far as what these spaces would look like are anything from a living room style area to something more like a brewery, with TVs for watching sports. Cannabis Corner is aiming for a February launch of the addition to their dispensary, and GoodSinse expects to be open by summer, or potentially sooner.

“This is historic in my mind,” Daniel Peters, a co-owner of GoodSinse, said in an interview, adding that they hope to be open by summer. “This is a really big milestone … when you’re trying to bring normalcy to something in a new industry.”

Most of the business is expected to be local, but Ayme Zantura, co-owner of Cannabis Corner, has already talked with some cruise lines that are interested in bringing their vacationers inland to their shop. Tourism is a primary reason that it is so important that Alaska took this step forward – and that other states soon follow their lead. People that travel to states with a legal cannabis industry and who wish to enjoy some legal bud are currently unable because of the lack of places to smoke legally. On-site consumption spaces are an effective solution to this industry problem.

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Julia Granowicz, KahliBuds, 420GrowLife

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Now that a few states have legalized recreational cannabis through legislature, more and more are considering this path to legal cannabis. In New Mexico, various pieces of legislation have been considered in the past, but never very seriously. Then last year, Governor Lujan Grisham appointed the Cannabis Legalization Working Group, a task force assigned to study potential legalization for the state. Thanks to the work of the task force, House Bill 160 was introduced and is the product of public meetings and 200 pages of comments from citizens of the state – and it has the governor’s full support. 

“The Legislature has the opportunity to pass the largest job-creation program in New Mexico in a decade,” said Gov. Lujan Grisham in a press release. “Skeptics have been right to preach study and patience. I agree with their caution- and that’s why we haven’t’ been rushed into this issue. But if we are clear-eyed about the risks, we have to be clear-eyed about the opportunity.”

The proposed bill would require all cannabis products to be tested, ensuring that they are free of contaminants. Products would need to be clearly labeled with their THC content. The bill would also require that advertisements are not targeted toward youth in any way and would require investment in law enforcement training for identifying impaired driving of all kinds. It would create an initiative for the dismissal of cases involving cannabis-related crimes. 

The legislation also calls for a 20 percent tax rate. The proposed tax rate is lower than many other states, but the intention is to encourage buyers to purchase their cannabis products legally with the intention of eliminating the black market. 

HB 160 exempts residents who are already participants in the medical marijuana program from paying taxes on all cannabis products. It would necessitate growers to serve the medical marijuana market before the recreational market to ensure that patients who rely on cannabis as medicine are kept a priority. 

It is expected that passing the bill and legalizing cannabis would create 11,000 new jobs in agriculture, manufacturing, regulation and retail, according to reports from the New Mexico governor’s office. An independent analyst also estimated the new industry would generate $620 million in sales by the fifth year. 

“Let’s get it done this year and give New Mexicans yet another reason, yet another opportunity to stay here and work and build a fulfilling 21st-century career,” Gov. Grisham said. 

While Governor Grisham is clearly set on seeing cannabis reform legislation, there might be only a slim chance it gets the attention it deserves in the current session. Not only is it a short 30-day session, but legislators have already said they intend to focus on the budget this time around. On the other hand, perhaps public support will push lawmakers into considering this bill sooner rather than later. 

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Julia Granowicz, KahliBuds, 420GrowLife

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It sometimes seems that lawmakers will never give up on their quest to trample all over the will of voters by doing what they can to keep cannabis sales as restricted as possible. In 2012, Washington became the second state to legalize cannabis for adult-use, paving the way for other states to follow their lead. Yet here we are, six years later, and legislators in Washington are attempting to pass a bill that would restrict cannabis products to 10 percent THC or less – when the average strain typically surpasses that amount. 

The “logic” behind HB 2546 is to reduce high THC products like concentrates, citing a study that suggests a connection between cannabis and psychosis. While that study may end up being something that merits closer examination, it is certainly not a reason to immediately cut production of almost half the cannabis products sold in the state. After six years, Washington has a thriving legal market and a dwindling black market – but that would likely change if lawmakers imposed a 10 percent THC cap. 

“There may well be rationale for eliminating some portion of the riskiest products on the market if there’s evidence to support that, but doing that with 40% off the products would make very little sense,” Beletsky said. “If 40% of the market is toward these products and then you ban them, you’d definitely be creating a push towards the black market.”

Considering the problems that have arisen from black market products in the last year – including deaths related to black market vape cartridges – now is not the time to push people back toward illegal dealers. The legislation’s chosen 10 percent cut-off seems based on a single study where the researchers used 10 percent as their marker for “high-potency” cannabis, but anyone who knows the plant can tell you that’s not a very strong strain. Not only would the bill eliminate a number of strains from being available in the state, it would almost entirely remove concentrates from availability. 

“We’re trying to preserve the chemistry that’s in the flower and just make a concentration of it,” Luebke said. “To cater to the [new 10% THC] legal demand, we would have to be making an inferior product, essentially, and going away from the method we’ve developed, that our customers love.”

Since 2012, there has been a handful of other states that have also legalized recreational cannabis, and one would think that would be enough to show lawmakers they are doing the right thing. Why push people back toward an illegal market and away from contributing to state revenue and job security for thousands? Only time will tell if lawmakers in Washington realize this bill is far more harmful than helpful.

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Earlier this week, Florida lawmakers introduced legislation that would provide protections to medical marijuana patients when it comes to drug testing in the workforce. These protections won’t be passed soon enough to help Mike Hickman, a former U.S. Marine, save his job at Belleview High School. Hickman had been working as the Student Services Manager for the school and obtained his master’s degree in the hopes of becoming an assistant principal. After testing positive for cannabinoids, the school board made the decision to let him go. 

This all started at the beginning of November 2019, when Hickman injured his shoulder while breaking up a student fight. Naturally, he went to the district’s workers’ compensation doctor, where drug testing is a part of the requirements. After testing positive for cannabis, the Superintendent of Schools Heidi Maier recommended he be fired for breaking the zero-tolerance drug and alcohol policy. 

Hickman, a marine during Operations Desert Shield and Desert Storm in the 90s, is a licensed medical marijuana user in the state of Florida. He consumes cannabis as recommended by his doctor to treat Post-Traumatic Stress Disorder (PTSD) – and because of it, he has now lost his job.

“To alleviate the effects of PTSD, (Hickman) was prescribed medical marijuana by a licensed physician in accordance with the laws of the State of Florida,” the veteran’s attorney Mark Herdman wrote, explaining that his “use of the legally prescribed medication had no effect on his ability to perform his job duties and responsibilities.”

There will still be a hearing, which will likely be heard by an administrative law judge to allow an impartial opinion. However, even after the hearing, the judge’s recommendation to the board will be taken into consideration, but the board will make the final decision. 

“I have no job,” said Hickman, adding that his plan was to retire with a decent pension earned during military service and his time with the district. “I can no longer work in the School District.”

It’s these sorts of situations that the newly introduced state legislation is expected to prevent. If there were proper guidelines on how to handle positive drug screenings when the employee is legally medicating with cannabis, this might not have happened. Since Hickman only medicated at home, when he wasn’t working, it should have had no effect on his employment situation – and no one would’ve known if he hadn’t gotten hurt at his job while ending a student fight. Hopefully, state lawmakers will consider this situation and ensure that the proposed protections are passed this year. 

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Julia Granowicz, KahliBuds, 420GrowLife

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With more and more states legalizing cannabis, many run into the issue of how to handle employment drug testing. Overall, many areas – especially those where cannabis is legal for adult-use – have decided to leave the plant off of their drug screens, or at least ensure a positive test for marijuana doesn’t adversely affect employees. Since Florida legalized medical marijuana in 2016, the number of people using medical marijuana has significantly increased – meaning many people in the workforce are medical marijuana users. 

A few lawmakers in the state have decided that it is time to make it clear where marijuana should and shouldn’t be allowed to negatively impact patients in pre-employment or post-employment drug screening. Senator Lori Berman filed HB 595 in the state senate while Representative Tina Polsky filed SB 962 – both of which aim to protect workers from losing their jobs, or being denied jobs, over legal medical marijuana use. 

“We must do our part to ensure that their use of safe and effective medicine will not impede their right to work,” Berman stated in a press release regarding the Medical Marijuana Employee Protection Act.

Both pieces of legislation would require employers provide a written notice within five days of a positive test result for THC, providing applicants or employees a chance to explain their results. In most cases, if the individual is licensed to use medical marijuana there will be no further action taken. There would be an exception, allowing employers to continue a “zero-tolerance” policy for “safety-sensitive” positions. 

Safety-sensitive is defined as “tasks or duties of a job which the employer reasonably believes could affect the safety and health of the employee performing the tasks for duties.” 

“We think these bills are a vital and great first step, we do think there is going to have to be a fair amount of robust discussion about how to fully flesh it out and hope that the Republican leadership in both chambers will realize the importance of these bills and give them a priority.”

It’s good to see lawmakers in Florida working to protect medical marijuana patients, rather than fight against them as they did throughout the implementation of Amendment 2. The hope is that these bills will be passed quickly and legislators will provide a clear set of guidelines for when and where medical marijuana patients are able to test positive for THC without it negatively impacting their employment.

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Julia Granowicz, KahliBuds, 420GrowLife

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In September 2019, cannabis activists in South Dakota started circulating two separate petitions – one to legalize medical marijuana and one to legalize recreational marijuana. While the state’s governor vetoed a hemp bill and Republican lawmakers encouraged people not to sign the petitions, activists didn’t give up and submitted far more than the needed number of signatures to get on the ballot. This is yet another sign of the clear truth that Americans are tired of the failed war on drugs, especially the prohibition of cannabis. 

“South Dakota will become the first state in American history to vote on both medical marijuana and adult-use legalization initiatives on the same ballot,” Matthew Schweich, deputy director of the Marijuana Policy Project, told Marijuana Moment.

Both initiatives are being backed by two national advocacy groups, the Marijuana Policy Project and New Approach PAC, so their success thus far shouldn’t be too surprising. The proposed ballot initiative to legalize medical cannabis is a statutory measure, which only required 16,961 signatures. The group behind the measure surpassed that number. The recreational marijuana initiative, on the other hand, is being proposed as a constitutional amendment and required at least 33,921 signatures, which was still surpassed by more than 3,000 signatures. 

 “The adult-use legalization initiative will greatly benefit the people of South Dakota by ending the injustice of arresting otherwise law-abiding adults for marijuana offenses. It will focus law enforcement resources on fighting serious crime, generate new tax revenue for the state, and create jobs.”

If the recreational cannabis initiative is passed by voters, it would legalize the possession and sale of cannabis – taxing it at 15 percent to cover costs, public education and contribute to the state’s general fund. It would also require the legislature to pass bills providing access to medical marijuana for patients who need it and allow the sale of hemp by April 1, 2022. However, if both initiatives pass, there would be no need for the state legislature to pass bills to allow medical marijuana access, as the initiative specific to medical cannabis would outline how that program would move forward in the state. 

Not only is South Dakota the first state to get to vote on medical and recreational marijuana simultaneously, but they have a good shot at being the first to pass both at the same time as well. Exceeding their needed signatures was a great start for both campaigns. But, with the strong pushback from politicians, they will need to work hard to encourage voters to go to the polls and show their support in November to make legal cannabis a reality for their state.

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Julia Granowicz, KahliBuds, 420GrowLife

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Those in Maine who voted for legalization in 2016 might finally be able to purchase their legal marijuana in 2020. Since voters approved Question 1 four years ago, it has been an uphill battle in the legislature to “hash out all the details”, and the start of sales has repeatedly been delayed by both lawmakers and former Governor Paul LePage. Last month, regulators finally began accepting applications for recreational retailers that are expected to be operational by spring 2020. If the Maine Office of Marijuana Policy is efficient enough, that could mean by this March, or even possibly sooner.

While there are bound to be big brands and farms, the state is hoping that the cannabis industry will be home to more small businesses. Local businesses that are already operating as medical marijuana retailers are putting in their bid to sell to recreational consumers as well. If regulators approve existing businesses first, then consumers will have access significantly sooner, as those locations would only need to increase stock to meet local demand. 

“What we’re hoping to see is that this be a Maine-based system much like a lot of our small breweries and we’ve seen that be very successful, so we’re hoping the state will be willing to work hand in hand with us,” said Paul McCarrier, who owns 1 Mill in Belfast.

After four long years of people waiting to make a legal cannabis purchase, there’s bound to be a high demand. If businesses aren’t careful, they may find themselves in the same boat as many states before them – with shelves running bare only a week or two after legal sales begin. However, states that have given medical marijuana businesses priority in licensing have also tended to see less shortages. 

In comparison, the other states that legalized marijuana in 2016 include California, Nevada and Massachusetts – all of which already have recreational sales up and running. Since then, Michigan (by voters in 2018) and Illinois (by legislature in 2019) both legalized recreational marijuana, and both states also have legal sales underway.

Hopefully, Maine can stick to their expected timeline of spring 2020 without any further delays. Voters were clear in 2016 that they wanted to be able to purchase marijuana legally – and from the looks of it, 2020 will finally be the year that the law is implemented the way it was intended.

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Julia Granowicz, KahliBuds, 420GrowLife

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In 2019 lawmakers in Illinois passed a law making them the 11^th state to legalize cannabis and end prohibition. That law took effect January 1^st, 2020, but before everyone started lining up in hopes of being some of the first in the state to legally buy marijuana, Governor JB Pritzker was taking advantage of another part of the new law to pardon over 11,000 people of their past marijuana convictions. State officials are estimating that there are at least 116,000 convictions involving 30 grams or less of marijuana that are now eligible for pardons – so this is only the start of what’s to come. 

“We are ending the 50-year-long war on cannabis,” Pritzker said in a statement. “We are restoring rights to many tens of thousands of Illinoisans. We are bringing regulation and safety to a previously unsafe and illegal market. And we are creating a new industry that puts equity at its very core.”

The pardons were announced at a church on Chicago’s South Side on Tuesday. While other states have made an easier path to getting marijuana records expunged after legalization, Illinois didn’t want their residents to have to do anything at all. The state is required to go through years of cannabis-related convictions and ensure that people with non-violent marijuana arrests or convictions for 30 grams or less will see their records cleared. 

On the other hand, if the conviction involved 30 to 500 grams of cannabis, individuals will need to file a petition with the court to have their record expunged. Officials have estimated that there are around 572,000 arrest records that fall into this category. If a marijuana arrest was paired with violent charges, however, then the offense is not eligible to be expunged. 

“The war on cannabis has destroyed families. It has filled jails and prisons with nonviolent offenders. It has disproportionately affected black and brown communities,” Pritzker said at a press conference on Chicago’s South Side.

The thought behind clearing these records is to reverse some of the damage done by prohibition while transitioning to a legal market. Restoring people’s ability to find work, housing and college aid without having to mark an arrest or conviction on their record that would no longer be a crime will go a long way for these individuals. While it’s important to prevent further damage by legalizing the plant, it’s good to see such focus on also reversing some of the harm that was already done.

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Julia Granowicz, KahliBuds, 420GrowLife

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Earlier in December, a group of activists in Oklahoma filed a petition to legalize recreational marijuana. The initiative was filed suddenly, without warning to other groups that might have wanted to be involved in such a venture. After hearing of concerns over the ballot initiative’s language and how the new law could affect the current medical marijuana program, Michelle Tilley and Ryan Kiesel pulled State Question 806 and submitted revised language, resulting in State Question 807, which is now pending signature gathering approval. 

“The new ballot initiative strengthens the language of the previously filed initiative to ensure that we are crystal clear that this program does not adversely affect the current Oklahoma medical marijuana industry or its patients,” campaign spokesperson Michelle Tilley said in a press release.

The measure is backed by various local reform organizations, as well as the national group New Approach PAC. After careful revisions, the measure now includes very specific protections – and benefits – for the medical marijuana businesses and patients that already exist. For the first two years after the law goes into effect, it would give medical marijuana businesses the exclusive right to recreational licenses.  

“While we did not foresee any issues with our original language, we are strong supporters of Oklahoma’s medical marijuana programs and we felt it was worthwhile to eliminate any uncertainty.”

Aside from amending the initiative to include language specific to protecting the existing medical industry, little has changed. The bill will still legalize marijuana for adults 21 and older, allowing for the possession of up to an ounce and the right to cultivate up to six mature plants and six seedlings at once. The excise tax expected is still 15 percent – specifying that it would not apply to medical marijuana – with revenue going toward implementation costs, public schools, drug treatment programs and other public services. 

The activists working on the petition seem confident in their ability to gather the needed 178,000 signatures within the allotted 90-day window once they receive approval from the Secretary of State. This was not the only petition filed recently,  though it does appear to be the one with the best shot at reaching the needed number of signatures in time. If they can meet that goal, then there does seem to be potential for enough support from voters to see adult-use legalization passing only 2 short years after voters legalized medical marijuana.

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In April of this year, New Mexico legislators approved a law that requires all schools to allow patients medicating legally with medical marijuana to be able to take their medicine at school. Of course, there are restrictions, such as it can’t be administered via smoke or vapor, and it can’t be in the possession of the student. Aztec District School Board adopted their own policy, and recently approved their own set of restrictions for medicating on campus. 

“I know this is very controversial, but that’s why we brought this forward in the way we did,” said Aztec Superintendent Kirk Carpenter, “We might not feel like we want to drive 55, but that’s the law, and this is the law.”

The policy passed by the school board will require parents to bring the medicine to school, and they must administer the medication and then take anything extra home with them. Before this policy is put into effect, parents were uncertain on how to go about getting their child their medicine during school hours – a problem that plagues many parents who rely on medical marijuana to treat their child.

“When thinking about the policy as it stands and thinking about the different laws that are competing with it, I think that it is a policy that does right by those kids and our community,” said Arcai on Dec. 18 during a phone call.

Now, patients who are registered with New Mexico’s medical marijuana program will be able to go to school and medicate – assuming their parent is able to take the time out of their day to personally administer the medication. Other states have similar laws, and one consistent problem that remains is the fact that the medicine cannot be stored on campus and administered by a nurse, like any other medication. However, some parents are just happy to have a clear understanding of what they need to do to make sure their child can attend school while medicating with cannabis.

Any state that has medical marijuana and allows patients under 18 years old to be registered will run into this problem eventually. Some students have conditions that are so severe that without being able to medicate regularly, their parents must choose between a medicine that works and an education. The newly enacted policy in New Mexico intends to make it possible for these children to attend school, rather than forcing parents into homeschooling and tutors. Hopefully other New Mexico school districts – and cities and states across the country – will implement similar policies to give these patients a fair shot at a public education.

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