Half of all U.S. states have fully legalized marijuana and there are only six states where it is fully illegal — Kansas, Idaho, Nebraska, Wyoming, North Carolina and South Carolina (though cannabis is decriminalized in North Carolina and Nebraska).
It’s a cultural shift that has been decades in the making.
California became the first state to experiment with legal cannabis when it made medicinal marijuana legal in 1996. Maine, Hawaii, Nevada and Colorado followed suit over the next five years, allowing their citizens to also purchase medical cannabis.
The U.S. government gives the Drug Enforcement agency over $3 billion a year to fight its war on drugs, so a state openly defying the government’s edict against the plant was extremely radical at the time.
But between then and now, there was nearly two decades on no movement on the issue as the United States’ archaic federal laws against the growth and distribution of cannabis held firm.
But then in 2014 Colorado and Washington took it a step further than California did and became the first states in the union to legalize the recreational use and sale of marijuana.
That year, about 22.2 million Americans aged 12 or older reported current cannabis use, according to a national survey.
It turned out those two states legalizing recreational use represented the start of a newly energized cannabis movement in the United States. Since then, nearly two dozen states have also legalized recreational marijuana.
Washington and Colorado set the example
More than two-thirds of Americans polled by Gallup support legalizing marijuana. The 70% rate of support reached a record-high in October this year. Gallup has been issuing that cannabis poll since 1969.
Back then, just 12% of Americans admitted supporting the legalization of weed.
Gallup’s poll results also show the influence Colorado and Washington’s move to end prohibition in their states in 2014 helped spur the rapid adoption by the next 23 states.
While public support for cannabis legalization crossed the 50% mark for the first time in 2013, jumping up to 58% from 48% in 2012, it fell back down to 51% in 2014.
But since that year, support for legalizing marijuana has ballooned to the levels seen today.
“Although some health organizations and political commentators have raised concerns about the medical risks of marijuana, this hasn’t blunted the public’s desire for legalization thus far,” Gallup said.
“For now, the high level of support among younger adults suggests national backing will only expand in the years ahead, likely resulting in more states, and perhaps the federal government, moving to legalize it.”
Money is a major issue
If you think cannabis legislation moves slowly only at the federal level, you’d be wrong.
It took Hawaii, for instance, 20 years to graduate from legalizing medical marijuana — it was the first state to do so through a state legislature vote — to decriminalizing use of the plant in 2019.
While the journey has been long, the real inflection points for legalization came during the pandemic.
Shutting down the economy for over two years exposed and stressed many of the cracks in local economies that had been able to be hidden previously, and the money from taxes on cannabis (along with gambling) suddenly became more palatable for politicians who objected to legalization on moral grounds (see: John Boehner for reference).
Since 2020, Vermont, Arizona, Montana, New Jersey, South Dakota (later reversed by a circuit court judge) New York, Virginia, New Mexico, Connecticut, Rhode Island, Maryland, Missouri, Delaware, Minnesota, and Ohio have all legalized recreational marijuana.
Alabama, South Dakota, Mississippi (reversed by the Supreme Court of Mississippi) and Kentucky have legalized medical cannabis since then while Louisiana decriminalized the drug.
Maryland launched its adult-use cannabis industry in July this year and is seeing sales of $89.5 million a month. Thanks to the state’s 9% excise tax on adult use cannabis sales, the state has also received tens of millions of tax dollars it did not have access to last year.
So the economic case for legalizing cannabis is apparent for the states that are now participating. But for the rest of the country, it may take the federal government changing its laws in order for them to get on the cannabis train.
#IntheWeedswithSteve
Be patient Florida, this too, shall pass! Steven M Smith InspirationalTech.org CEO since 2013.
This past Monday, the Minnesota Department of Health revealed that the director of the Office of Medical Cannabis is stepping down after five years.
Chris Tholkes, who was appointed as a member of the new board at the government marijuana regulatory coalition Cannabis Regulators Association (CANNRA) in July, has accepted a position with the City of Minneapolis, reported CBS News.
“I’m grateful for the many opportunities and experiences I’ve had during my 14 years with MDH,” Tholkes said. “I’m incredibly proud of our work and will be cheering folks on for the upcoming implementation work.”
Tholkes has begun her new job Friday.
Minnesota’s Marijuana Czar Quits After One Day
The news comes some two months following Gov. Tim Walz’ (D) failed attempt to name the first executive director of the new Office of Cannabis Management.
In September Walz named Erin DuPree to the role, saying that she “is a proven and effective leader, who will be successful in standing up Minnesota’s new adult-use cannabis market and helping Minnesotans succeed in the industry.”
However, after allegations of selling illegal cannabis products through her company, Erin DuPree resigned the next day.
“I have become a distraction that would stand in the way of the important work that needs to be done,” DuPree wrote in a letter to local media outlets at the time.
DuPree had advertised certain products on the Loonacy Cannabis Co. website that were later flagged and removed due to their non-compliance with state regulations. DuPree, who founded Loonacy in Apple Valley in July 2022, said she took swift action to remove the products from the inventory.
Charlene Briner is serving as interim director at OCM.
Minnesota’s Cannabis Efforts
Meanwhile, Minnesota kicked off its adult-use cannabis program this past August, while continuously amending and improving its medical marijuana program.
The Office of Cannabis Management is soliciting public input on regulations for the burgeoning marijuana industry, with a focus on cultivation, processing and product manufacturing.
Last month, the Minnesota Department of Health confirmed it would add dry herb vaporization to the list of approved delivery methods in the state’s medical marijuana program.
#IntheWeedswithSteve
Be patient Florida, this too, shall pass! Steven M Smith InspirationalTech.org CEO since 2013.
The year is nearly coming to a close and little federal progress has been made regarding the legalized cannabis industry. In August, the U.S. Department of Health and Human Services (HHS) formally recommended reclassifying cannabis as a Schedule III controlled substance. Four months later, it is unclear if the Drug Enforcement Agency (DEA)
will heed the advice of the HHS or wait until the first quarter of the new year to reschedule cannabis under the Controlled Substance Act. However, there is a group of six governors who want to see cannabis rescheduled by year’s end. “We hope that [the] DEA will follow suit and reschedule cannabis to Schedule III this year, given that 88 percent of Americans are in favor of legalization for medical or recreational use. Rescheduling cannabis aligns with a safe, regulated product that Americans can trust,” a five-page letter signed by Governors Jared Polis (Colorado), JB Pritzker (Illinois), John Bel Edwards (Louisiana), Kathy Hochul (New York), Phil Murphy (New Jersey) and Wes Moore (Maryland) reads.
It is great to see state leaders acknowledge the benefits of cannabis and hold President Joe Biden accountable for his promises to decriminalize the plant. Reclassifying cannabis as a Schedule III substance under the Controlled Substance Act is an “overdue step” in the right direction. Though we are not expecting it until next year, it would be incredible if the DEA doesn’t wait until the ball drops and the calendar turns. The time is now.
GOP pushes back as recreational marijuana use begins in Ohio
At the direction and will of the voters, Ohio will enter the world of legalized adult-use cannabis in December. Adults over 21 years of age can possess up to 2.5 ounces of marijuana in plant form or up to 15 grams in extract form and grow up to six marijuana plants per adult.
“Marijuana is no longer a controversial issue,” Tom Haren, a spokesperson for the Coalition to Regulate Marijuana Like Alcohol, said. “Ohioans demonstrated this by passing State Issue 2 in a landslide. Ohioans are being extremely clear on the future they want for our state: Adult-use marijuana legal and regulated.”
Despite Ohioans voting to legalize of adult-use cannabis in November, state lawmakers are threatening to make significant changes to the state’s adult-use landscape. Most notably, the Republican-controlled Ohio Senate voted 28-2 to approve a measure that would tax cannabis sales at 15% and cut the number of cannabis plants residents can own in half.
“Ohioans will remember blatant disregard for the voters on marijuana. I have been a Republican my entire adult life, but I have never felt as disrespected or disenfranchised by my own party and my legislature as I do right now,” Ohio resident Tyler Ward wrote in a letter to the editors of The Columbus Dispatch.
The latest measure pushed through the Ohio Senate must be approved by the Ohio House of Representatives before it can be signed into law. In the meantime, the voters of Ohio and those in the other 49 states will be watching and hoping the lawmakers abide by the will of the people. That is what’s right for Democracy and for basic economics.
News broke this week that the initiative is now being fast tracked, with recreational marijuana sales now expected to commence within 90 days. It seems the compromise included a 15% excise tax and caps on potency, which are both illogical. We expect some serious unintended consequences around the potency cap with vape as just an initial example. The positive is that the market will quickly open with existing medical doors being able to sell adult use.
Most Floridians support legalizing adult-use cannabis
Less than four weeks stand between American voters and another eventful election year. Aside from the high-profile federal races, many will be watching the Sunshine State as state-level initiatives bring the topic of legalized adult-use cannabis to the forefront.
Florida has entertained the idea of adult-use weed legalization before, but each attempt has missed the mark for one reason or another. However, Florida has changed quite a bit since the most recent failed attempt at legalizing recreational cannabis use.
A recent survey conducted by the UNF Public Opinion Research Lab (PORL) found that 67% of Floridians would vote for an initiative that legalizes the possession and regulates sales of small amounts of cannabis for personal use among adults. Support was highest (77%) among adults between 18 and 24 years old, followed by Floridians between 55 and 64 (70%). While the survey sample size was limited to 716 respondents, it was surprising to see support among 35 to 44-year-olds sit below 60% and no data was presented about adults between 25 and 34.
“Unlike previous surveys when we simply asked if folks support or oppose [the] legalization of recreational marijuana, this time we gave respondents the specifics of the proposed amendment,” PORL Faculty Director Dr. Michael Binder said. “Yet again, it looks like (the amendment) has a good chance of passing, if it makes it through the courts, and that is a very big ‘if.'”
The results of the survey are consistent with the prevailing notion that young Americans nationally are very much in favor of ending cannabis prohibition. The future leaders of this country will bring about change despite efforts from the old guard who continues to hang on to their political positions.
More improvement could be made on California’s cannabis tax revenue
California, despite its many known challenges, remains the largest legal cannabis market in the world. Industry projections estimate California will make up 20% of the U.S. market by 2025 and be worth $5.4 billion by 2030.
This year, California’s cannabis market produced $285.1 million in tax revenue during the second quarter and $269.3 million during the third quarter. The market should be more desirable and implementing the following strategies could result in a more significant legal industry.
Access: Incentivize the many jurisdictions that have yet to allow for legal cannabis to open immediately.
Taxes: Cut the state’s excise tax down to 10%, as seen in many other adult-use legal states. It would also be beneficial to cap the tax rate that cities are also adding in.
Enforcement: Address the burning distribution license matter, that is currently allowing massive diversion to the illicit market and undercuts the legal market. The state is aware of this issue and public officials should address it immediately.
The state has our support as it takes steps toward enhancing its significant cannabis program. Some progress has been made, but there is always room for improvement, as no market is perfect. The state and its cannabis industry can tackle these issues, find solutions and provide citizens and legal industry participants with the healthy and thriving program they deserve.
#IntheWeedswithSteve
Be patient Florida, this too, shall pass! Steven M Smith InspirationalTech.org CEO since 2013.
Illinois’ adult-use cannabis retailers reached a historic high in November, setting a record for the most legal cannabis sold primarily to in-state residents in a single month. Overall sales, including purchases made by out-of-state customers, ranked fifth-highest monthly total since weed shops opened in January 2020.
Breakdown of November’s Cannabis Sales
The Illinois Department of Financial and Professional Regulation reported total recreational cannabis sales amounting to $139.1 million for the month. According to Marijuana Moment, this figure includes $105.5 million in sales to Illinois residents and $33.6 million by visitors, exclusive of taxes.
Moreover, state-licensed retailers sold more individual adult-use cannabis products in November than ever before, with a total of 3.77 million items.
Medical Cannabis Sales and Market Trends
While the latest figures for medical cannabis sales in November are still pending, October’s sales reached $26.2 million, including $12.4 million in dry flower and $13.8 million in concentrates and infused products. This data comes from the Medical Cannabis Patient Program.
Despite these impressive numbers, Illinois consumers are facing higher cannabis prices compared to many other states with legal markets. Governor J.B. Pritzker acknowledged the high prices but emphasized the industry’s consistent expansion and the substantial sales to out-of-state customers.
2023: A Year Of Record-Breaking Growth
State officials also highlighted the “unprecedented” surge of state-legal cannabis sales in fiscal year 2023. This growth is partly attributed to the opening of 28 new retailers and total retail sales surpassing $1.5 billion.
The fiscal year 2023 brought approximately $451.9 million in revenue from legal cannabis to Illinois, outperforming alcohol revenue, which was around $316.3 million.
Advancing Social Equity in Cannabis Licensing
To address the impact of the War on Drugs, Illinois issued 200 conditional licenses and established a Social Equity Criteria Lottery. This initiative aims to prioritize individuals disproportionately affected by drug laws, with over 2,600 applicants for 55 new social equity dispensary licenses. Most of these new licenses were allocated in Cook County, the state’s most populous region.
A Boost to Diversity and Challenges for Small Growers
The industry has also seen a notable increase in minority and women-owned businesses since 2020. Black-owned companies now account for 27% of the market, Latino/a or Hispanic-owned companies for 5%, Asian-owned companies for 3%, and women-owned businesses make up 16%.
However, small cannabis growers are facing challenges, struggling to thrive even with state aid.
#IntheWeedswithSteve
Be patient Florida, this too, shall pass! Steven M Smith InspirationalTech.org CEO since 2013.
Thank you for consideration.
Sen. John Fetterman (D-PA), one of the most vociferous cannabis supporters among U.S. senators, recently said he was honored to vote for the SAFER Banking Act.
Commenting on recent Ohio’s cannabis legalization, Fetterman told City & State in an exclusive interview that “it’s absolutely absurd – how many states around Pennsylvania are we failing behind?”
“It just makes it more silly. It’s just so simple and so easy – just give people what they want,” he said. “And again, make it safe, make it pure and make jobs. All the benefits are going to the cartels, but now, it should be going to the state.”
Fetterman said though he doesn’t consume cannabis he believes sales should be allowed and taxed, just like alcohol. “I don’t remember the last time I even drank hard alcohol, but you should be able to buy it because we all realize what bathtub gin does to people. There are things that are so much more lethal and dangerous and addictive – you don’t have any of those issues with cannabis.”
The senator undertook expungement of minor drug charges, saying no one’s life should be ruined “because they had some stupid, silly weed charge.” As lieutenant governor and head of the pardoning process, “we got that process started. It’s always astonishing when you have people in front of you who can’t be a volunteer at their child’s school, can’t get a better job, can’t get a loan because 12 years ago they got caught with a joint.”
Fetterman said that because cannabis is illegal its value is distorted and is often the cause of violence and robberies.
No-Brainer
“There’s no medically documented THC overdose, and marijuana is not lethal at all. It’s a no-brainer,” he said.
He called President Joe Biden a man of his word because, on the first anniversary, he recommended marijuana de-scheduling. Furthermore, he added that it’s “always Republicans going against something that should be common sense and that a majority of people really want, whether it’s abortion or weed,” and that legalization is inevitable.
#IntheWeedswithSteve
Be patient Florida, this too, shall pass! Steven M Smith InspirationalTech.org CEO since 2013.
Federal authorities are weighing whether to stop classifying marijuana among the riskiest drugs, a move that cannabis advocates have long hoped would result in more research on its health effects, businesses having an easier time selling it and fewer people going to jail.
But experts warn the August recommendation by the Department of Health and Human Services to strip marijuana’s designation as a Schedule I drug may not fulfill those hopes.
The proposal before the Drug Enforcement Administration to reclassify marijuana as a Schedule III substance — in the same category as prescription drugs such as anabolic steroids, ketamine and testosterone — would free marijuana from some of the restrictions that apply to Schedule 1 drugs such as heroin and LSD. A decision is expected in coming months.
While marijuana advocates have cast the proposal as a step forward, some contend it doesn’t go far enough and would like to see the drug removed from the schedule system entirely, treated like tobacco and alcohol, and eventually legalized at the federal level.
Rescheduling marijuana would amount to a symbolic win in the quest to normalize the drug.
“A recognition from the federal government after all these years that marijuana is safe and effective as a therapeutic agent for patients is significant because obviously that would be a reversal of a very long-standing and very public position,” said Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML), an advocacy group. “When it comes to the practical elements, I don’t think anyone knows because we have never gone down this road before.”
Marijuana legalization faces tough odds in holdout red states despite Ohio win.
The implications are mired in legal complications, especially because cannabis is caught in a convoluted system for regulating the drug across different levels of government as both medicinal and intoxicating. Here’s a rundown of what we know about rescheduling and the concerns swirling around different aspects of marijuana reform.
What does drug scheduling mean?
The Controlled Substances Act regulates drugs and categorizes them into one of five “schedules” depending on their medical benefits and potential for abuse.
The schedules aren’t a ranking of how bad the drugs are for you or society, but instead are a guide for how limited access to the drug should be for doctors, pharmacists and patients. (For example, LSD, which rarely kills users, is scheduled higher than opioid painkillers, which causes tens of thousands of fatal overdoses, because painkillers are routinely used in treating patients.)
Marijuana’s designation as a Schedule I substance means the federal government thinks there is no accepted medical use and a high potential for abuse. Federal law prohibits the cultivation and possession of Schedule I drugs, except for approved research studies.
Possible easing of marijuana restrictions could have major implications.
A Schedule III designation under consideration for marijuana means the drug has moderate to low potential for physical and psychological dependence. Federal health officials have declined to answer questions about how they have assessed marijuana’s potential for abuse and dependence.
Here’s where things get really tricky: Federal officials have previously said they are obligated to classify marijuana as a Schedule I or II substance under an international treaty to fight drug trafficking by tightly controlling narcotics. That’s one of the issues the DEA would have to sort out before deciding whether to reschedule the drug.
Effects on health research
All controlled substances come with restrictions on research, but marijuana and other Schedule I substances have the toughest requirements. Experts say it’s imperative to conduct more research on marijuana to understand its benefits and risks as legal markets flourish and consumer use soars.
To gain access to pot, researchers need to register with the DEA under rules that would not apply if they studied Schedule II substances like cocaine and fentanyl. They must submit research protocols to the DEA that need to be reviewed by the Food and Drug Administration. And they must meet stringent requirements for drug storage in electronic safes or vaults that some researchers say are too expensive and burdensome to follow.
“It’s incredibly excessive and totally unnecessary,” said Ryan Vandrey, a cannabis researcher at Johns Hopkins Medicine. “I can run an entire study with an amount of cannabis that’s less than $100 in street value and bought by an adult in the state of Maryland at any of the different dispensaries.”
Researchers have to obtain marijuana from growers that follow federal restrictions. But they say such restrictions on growing marijuana for studies make it harder to examine the effects of high potency products and other forms of cannabis now popular among consumers.
Marijuana addiction is real. Those struggling often face skepticism.
Some researchers have found ways to get around these rules, but their studies have limitations.
For example, Washington State University researchers studying the cognitive effects of cannabis had to use Zoom to observe participants who just used marijuana they bought at dispensaries. The ideal study would involve researchers providing high-potency cannabis from dispensaries, including a placebo to a control group, and participants coming to a lab to provide blood samples and record physiological data points such as heart rate variability and cortisol levels that cannot be measured over Zoom.
The university risks losing federal funding if researchers administer cannabis themselves even though marijuana is legal in Washington, said Carrie Cuttler, an associate professor of psychology who directs The Health & Cognition (THC) Lab at Washington State.
“It’s absurd, absolutely absurd,” she said, “to treat cannabis as pretty much the most dangerous narcotic available in the world.”
Despite these restrictions, there is still plenty of research done on marijuana without ever handling the physical drug.
And experts caution there would still be hurdles in conducting the kind of research that’s now off-limits even if marijuana is reclassified as a Schedule III substance. That’s because the drug would still be treated as a therapeutic rather than an increasingly popular recreational product. It would still be difficult to study all the new marijuana products flooding the market, particularly edibles, vape cartridges and highly concentrated forms such as waxes and shatter.
Kevin Sabet, president of Smart Approaches to Marijuana, which opposes marijuana legalization, said his organization has proposed creating a new schedule category that would relax research restrictions on marijuana while maintaining other restrictions from its Schedule I status.
Unclear future for the cannabis industry
One of the toughest questions to answer about rescheduling is what it would do to the thousands of marijuana companies operating in a legal gray zone.
It is expected they would be able to deduct business expenses from their tax obligations for the first time, boosting their bottom lines. Beyond that, it gets complicated.
Industry advocates hope rescheduling might encourage more banks to work with marijuana companies, but a bill in Congress to shield fnancial institutions from punishment is the more direct path for achieving that goal.
There is no precedent for reclassifying a drug that is legal in states, and the booming marijuana industry, and its broad network of direct-to-consumer sales, is nothing like the markets for other Schedule III drugs such as ketamine and testosterone, which require a prescription.
In some ways, the status quo of treating marijuana as one of the riskiest drugs may actually be better for business.
Because marijuana is a Schedule I substance, the FDA has punted to the DEA to regulate it, and the DEA is not in the business of overseeing industries and markets.
A group of marijuana organizations raised concerns that treating marijuana as a Schedule III substance meant for medicinal purposes could upend the industry. They fear the FDA would prohibit recreational marijuana and hold therapeutic products to the high bar needed to sell medicine — requirements only large pharmaceutical companies may realistically be able to overcome — but leading experts dismiss that concern as unfounded.
Some experts argue that it is unlikely the FDA will suddenly crack down on marijuana after taking a largely hands-off approach for years, given the disruption it would cause and the resources it would take. Advocates counter that there’s no guarantee the winds won’t shift — for example, if Florida’s Republican governor, Ron DeSantis, wins the presidency after railing against marijuana.
“There is no way anyone could know or predict in our current political climate what the risk of FDA enforcement is,” said Shaleen Title, a former Massachusetts marijuana regulator who runs a cannabis think tank. “What I worry about is by trying to relax marijuana laws, we would inadvertently end up in a situation where we would be criminalizing existing state operators in a new way.”
Limited impact on federal pot prosecutions
Marijuana is illegal at the federal level regardless of how it’s classified, and rescheduling alone would not change penalties for major federal marijuana cases.
Possession of Schedule I substances is a federal crime, but few people go to federal prison just for having marijuana. Federal marijuana trafficking charges have plunged 90 percent in a decade as authorities make fentanyl their top priority. Under federal law, rescheduling would not affect penalties for trafficking convictions, said Shane Pennington, a D.C. attorney who specializes in cannabis law.
“It’s going to be a lot less of a boon for criminal justice reform than people think,” Pennington said.
Marijuana prosecutions tend to happen in state courts, and there were at least 209,000 arrests for possession last year, according to FBI statistics.
Along the Interstate 40 corridor that cuts across the Texas Panhandle between New Mexico and Oklahoma, local police officers routinely arrest motorists transporting marijuana loads from illegal grow operations in California, said Texas defense attorney Adam Tisdale, who specializes in marijuana cases. The loads are typically headed to Florida, and the drivers are charged in state court with possession of marijuana, which becomes a felony depending on the weight of the marijuana. Tisdale predicts local officers won’t stop making those arrests, which usually result in hefty fines, not jail time.
President Biden grants mass pardons for those convicted of simple marijuana possession.
“It won’t make any difference in my neck of the woods,” Tisdale said of rescheduling.
Proponents of rescheduling, such as the U.S. Cannabis Council, say it would send a powerful signal to law enforcement agencies that marijuana cases should be a low priority.
Critics, including the former DEA and White House officials who signed a letter organized by the anti-marijuana organization Smart Approaches to Marijuana, argue that rescheduling removes a “key tool” that federal agents have in prosecuting cartels.
Experts are split on what impact rescheduling would have on the nation’s criminal justice systems, which for decades have punitively targeted people — particularly Black and Latino people — for possessing or trafficking in a drug that is now legal for recreational use in 23 states. The Minority Cannabis Business Association and other advocates for racial equity in marijuana policy contend rescheduling alone continues the war on drugs.
“I don’t know if it’s worth the trade-off to be stuck in this murky middle,” said Kaliko Castille, board president of the Minority Cannabis Business Association. “You are still going to have business owners making millions of dollars and others in prison for a plant.”
Steven M Smith InspirationalTech.org CEO since 2013.
InspirationalTech.org for your Health Wellness Beauty and Inspirational Goals
1st Hemp USA News is a resource of Inspirational Technologies (2023)
Continue reading US States legalizing recreational use represents the Restart of a Newly Energized Cannabis Movement in the United States.
You must be logged in to post a comment.