March 4, 2025

Anthony Johnson, Marijuana Politics Blogger and Editor

Anthony, a longtime cannabis law reform advocate, was Chief Petitioner and co-author of Measure 91, Oregon's cannabis legalization effort. He served as director of both the New Approach Oregon and Vote Yes on 91 PACs, the political action committees responsible for the state's legalization campaign. As director of New Approach Oregon, Anthony continues to work towards effectively implementing the cannabis legalization system while protecting small business owners and the rights of patients. He sits on the Oregon Marijuana Rules Advisory Committee and fights for sensible rules at the legislature as well as city councils and county commissions across the state. Anthony helps cannabis business comply with Oregon's laws and advises advocates across the country. He also serves as content director of both the International Cannabis Business Conference and the Oregon Marijuana Business Conference, helping share the vision of moving the cannabis industry forward in a way that maintains the focus on keeping people out of prison and protecting patients. He was a member of the Oregon Health Authority Rules Advisory Committee, assisting the drafting of the administrative rules governing Oregon’s state-licensed medical marijuana facilities. He first co-authored and helped pass successful marijuana law reform measures while a law student at the University of Missouri-Columbia School of Law. He passed the Oregon Bar in 2005 and practiced criminal defense for two years before transitioning to working full-time in the political advocacy realm. His blogs on Marijuana Politics are personal in nature and don't speak for or reflect the opinions of any group or organization.

OMMBC Tickets Go Up At Midnight on March 7th!

Born into a working class family and still in a working class family, I understand how tight money can be, especially during tough economic times. The cannabis industry isn’t a get rich quick scheme for most people, but it is a growing industry that will only get bigger, certainly in the near future. The Oregon Medical Marijuana Business Conference (OMMBC) is a great opportunity for anyone in the Oregon marijuana industry or even thinking of getting into the industry to learn about current laws, future regulations and network with some of the top cannabis entrepreneurs and experts in the state. Unlike other business conferences, the OMMBC combines a heavy dose of activism as we all understand that taking care of patients and ending unnecessary arrests and prosecutions are at the heart of cannabis law reform. Get your tickets now as as prices go up at midnight on March 7th.

I am certainly looking forward to many OMMBC speakers, but especially former New Mexico Governor Gary Johnson, a two-term Republican that won elected office after building a successful construction business. The libertarian-minded Johnson should have been a frontrunner for the GOP when he ran for the party’s 2012 presidential nomination, but the Republican Party wasn’t quite ready for a nominee calling for an end to the failed and harmful policy of marijuana prohibition. Johnson went on to win the Libertarian Party’s nomination earning more than 1.2 million votes, the most votes ever for the third-party. He has since joined the cannabis industry, as he was just named CEO of Cannabis Sativa. As polls have shown that Republican millennials overwhelmingly support marijuana legalization, Johnson was simply ahead of his time.

In addition to great information, the opportunity to network with successful entrepreneurs, the OMMBC also offers tremendous entertainment on both nights. Ask anyone that attended Del the Funky Homosapien’s performance at Pier 23 at the International Cannabis Business Conference (ICBC) can attest that OMMBC attendees are in for a treat as the rap legend will certainly put on an amazing hip hop performance at Cosmic Pizza. Also, Monday night’s Cannabis Comedy show featuring renowned cannabis comic Ngaio Bealum will close out the OMMBC right. Marijuana becomes legal throughout Oregon on July 1st and the state will start accepting commercial business license applications at the start of 2016. Jump start your marijuana business and learn how to protect and improve Oregon’s marijuana laws by joining us at the OMMBC.

Oregon Legislators: No to SB 542! Regulate Marijuana to Voters Will

Oregon Measure 91 was a well thought-out proposal to legalize, regulate and tax marijuana. Just over 56% of Oregon voters supported the measure after four previous attempts at legalizing cannabis commerce failed at the ballot (two legalization and two medical). The local control and taxation issues were taken from Oregon alcohol statutes as any new regulated market coming out of the failed policy of prohibition would certainly look to the alcohol laws as a guide.

Just like alcohol, Measure 91 explicitly states that marijuana shall only be taxed by the state and that localities can only opt-out of licensed retail establishments through a vote of the people in a November general election; opting-out will cost localities their share of the 10% of tax revenue allocated to both cities and counties. These taxation and local control provisions are necessary to keep prices as low as possible (while still creating thousands of jobs and generating millions of dollars in new revenue for the state) so regulated businesses can compete with the unregulated, illicit market.

Unfortunately, the League of Oregon Cities and the Association of Oregon Counties are pushing Senate Bill 542, a measure that goes against the will of a majority of voters and undermines the state’s ability to curtail the illegal marijuana market. The Portland Tribune published an oped that I submitted, urging Oregonians and their representatives to oppose SB 542:

Senate Bill 542, now under consideration by the state Legislature, not only goes against the will of Oregon voters but also the priorities of our local, state and federal governments. The bill would exacerbate the illicit market by allowing localities to set their own tax rate, without any limitations. Taxing marijuana an additional 25 percent, 40 percent or even 100 percent would clearly encourage an underground market, as illegal dealers would be able to undercut licensed and regulated stores.

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The people of Oregon have spoken; they want to put an end to the illicit market and want to generate millions of dollars for essential state services. The voice of the people should be heard loud and clear, from the halls of the state Capitol to the governor’s mansion.

Legislators should just say “no” to Senate Bill 542 and any and all proposals that go against the text of Measure 91 and the will of the voters. We won a better approach to marijuana. Now it’s time to finish the job and implement that better approach. Help us at: www.NewApproachOregon.com.

Oregonians have already spoken loud and clear on the failure of cannabis prohibition, passing a legalization measure by the greatest margin in any state. Oregon voters need to continue to make their voices heard and let their legislators know that elections have consequences and that voters want their will implemented before any unnecessary, drastic changes are made.

One of the benefits of the Oregon initiative system is that changes can be made if necessary, but clearly it hasn’t been proven that Measure 91 needs major changes that go against the text of the measure, such as allowing cities and counties to tax marijuana sales at any amount or undemocratically giving the power to opt-out of licensed businesses (and tax revenue) with the votes of just four or five council members or commissioners. If you want the Oregon Legislature to follow the will of the voters, contact the Committee on Measure 91 Implementation and make your voices heard.

Oregonian Marijuana Beat Reporter, Noelle Crombie, at the OMMBC

Noelle Crombie

After working on cannabis law reform for over 15 years, I have seen a sea change in the way that the media covers marijuana. For those that go back even further with the movement, the change is even greater. Marijuana is in the media every single day across all formats and types of media; on the radio; in print; on TV; of course, on the internet; on alternative media sources; and on mainstream media outlets. Not that long ago, we could expect relatively favorable coverage of the issue from alternative weeklies, albeit with snarky headlines that made some joke or pun, while the mainstream news source would sensationalize the issue and blow issues out of proportion.

The times have changed, for the better in my opinion, where more and more media outlets are taking more of a neutral look at the issue. Alternative weeklies, while overall supportive, aren’t afraid to ask tough questions. Many mainstream news outlooks have gotten past the dramatic, over-the-top sensational stories and are reporting on new scientific studies demonstrating that marijuana isn’t as harmful as previously declared. Of course, decades of Reefer Madness media coverage hasn’t gone away immediately and it is important that we continue holding the media accountable.

In 2010, I helped organize a protest of The Oregonian because its coverage of medical marijuana was offensive, going so far to put quotes around “medical” as if there weren’t any medicinal benefits to cannabis. I am not a fan of protests usually as I think that the time, energy and resources are best utilized elsewhere, but in this case the protest was warranted and ultimately successful as the quotes around medical ended. Fast forward to 2014, and The Oregonian endorsed the Measure 91 legalization measure.

Likely due to the demographics of their readers, The San Francisco Chronicle and The Denver Post have blogs devoted to marijuana news and culture, Smell the Truth and The Cannabist, respectively. While The Oregonian hasn’t launched a separate blog (yet), the Northwest’s largest paper does have an experienced reporter, Noelle Crombie, covering marijuana news and you can see the latest marijuana news pertaining both to Oregon and the world at large at www.oregonlive.com/marijuana (I certainly read it every day). The Cannabist’s Ricardo Baca and Smell the Truth’s Dean Arbit and David Downs spoke about marijuana and the media at the recent International Cannabis Business Conference (ICBC) and I am so pleased that Noelle Crombie will be speaking about the media’s marijuana coverage at the upcoming Oregon Medical Marijuana Business Conference (OMMBC) on March 15th in Eugene on a panel along with Doug McVay and 420Radio.org’s Russ Belville (who also blogs here at Marijuana Politics.)

Noelle Crombie, who worked for The Day in New London, Connecticut previously, has covered cannabis issues the last three years at The Oregonian. Before marijuana issues became her beat, she covered crime and federal courts. Crombie has also hosted marijuana-related events for The Oregonian’s Speaker Series. She and cannabis business attorney Hilary Bricken tackled Washington State’s legal marijuana system and its implications for Oregon last August. I was fortunate to be a panelist on a marijuana legalization forum that she hosted following the passage of Measure 91 last November. Crombie and I shared the small screen as guests on KATU’s Your Voice, Your Vote last November to discuss Oregon’s next steps after 56% of voters voted to legalize, regulate and tax marijuana.

I am often asked what I think about Noelle Crombie’s coverage of marijuana, and while I don’t necessarily agree with everything she prints, I honestly answer that I feel she is doing her best to be unbiased and fair (you can’t really ask for anything more than a staff reporter). I am looking forward to her take on marijuana and the media at the OMMBC and advocates and entrepreneurs alike can certainly learn a lot of valuable information about how the media covers marijuana at this conference. The media shapes how consumers and voters see the world while sometimes reflecting the world and I don’t think that it’s a coincidence that media coverage has gotten more fair when marijuana is becoming more mainstream. Whether the media is shaping public opinion or public opinion is shaping the media, it is important to understand the work they do and the decision making process that goes into the news stories published.

Wichita, Kansas, To Vote On Marijuana Decriminalization In April

In the fight to end cannabis prohibition, local decriminalization measures can be an effective tool to move the issue forward while improving people’s lives in a local community. Often, statewide reforms aren’t feasible due to cost or politics. A local city or county initiative can be accomplished for a fraction of the cost and a local city council or county commission may just be more responsive to sensible cannabis law reform than a state legislature. Seattle, Washington, passed an influential lowest law enforcement priority measure in 2003 that helped build momentum for further marijuana law reforms and the Evergreen State actually became the first state to enact legal marijuana possession through a popular vote on December 6, 2012*.

In Columbia, Missouri, I was happy to be apart of an effort that ultimately led to the college town decriminalizing up to 35 grams of marijuana with 61% of the vote while allowing medical patients to legally possess 35 grams with 69% of the vote in 2004. Show-Me Cannabis recently successfully lobbied the St. Louis Board of Alderman to decriminalize small amounts of marijuana. Show-Me Cannabis also helped lead an effort to decriminalize personal amounts of marijuana in Springfield, Missouri, but the Springfield City Council decided to subvert democracy and settle a federal lawsuit for doing so. While statewide reform has been out of the reach of Missouri advocates, local measures have been a way to create momentum for change and the state is now a dark horse candidate to legalize marijuana in 2016.

There are many American cities that are taking a hard look at decriminalizing cannabis possession. Philadelphia and New York City did it last year, and cannabis arrests have dropped 88% and 75% respectively. That has saved a lot of money, and has freed up law enforcement resources so they can be focused towards fighting real crime. Wichita, Kansas, America’s 49th largest city, with over 380,000 residents, is considering a similar move. Per Kansas.com:

The Wichita City Council voted 6-1 Tuesday to put the measure on the ballot after backers presented a petition with thousands of signatures supporting it. Council member Pete Meitzner voted no.

The proposal seeks to amend the city code and make a first-offense marijuana possession a criminal infraction with a $50 fine. The conviction would be expunged after 12 months if an offender kept a clean record.

Enforcement would be handled through a summons or citation, similar to a traffic ticket, rather than an arrest. The change would apply only to those 21 or older carrying 32 grams or less of marijuana and/or the paraphernalia to use it.

As a Missouri Tiger, I rarely wish Kansas the best, but I’ll put aside my admitted irrational sports rivalry aside and wholeheartedly support positive change in the Sunflower State. I’m hopeful that this initiative passes for the sake of Wichita residents and the entire state. Kansas is far from a progressive cannabis state, so a victory in its largest city would be a tremendous win for the reform movement there. If you live in Wichita, Kansas, make sure to tell everyone you know to vote for the initiative. All Kansas cannabis law reformers should do all that they can to support the effort because victory can only help build momentum for a statewide victory down the road. I encourage cannabis law reform advocates from across the country to support Kansas for Change and contribute if you can as well, as success in such a conservative state can prove very influential in other conservative locales across the nation.

*Alaska became the first state to legalize personal possession in the home thanks to a state Supreme Court case named Ravin v. State. Coloradans successfully voted to legalize marijuana an hour before Washington thanks to an earlier time zone in 2012 and were the first to initiate regulated cannabis commerce on January 1, 2014, but the state enacted legalized personal possession on December 10, 2012, just four days after Washington State.  

ICYMI: The DEA Has Been Tracking License Plates Since 2008

There has always been a tug of war when it comes to the government’s responsibility to ensure public safety and privacy concerns. We can all agree that ‘bad guys’ need to be caught, but at the same time that doesn’t give the government the right to do whatever it wants to achieve that goal. If someone is a law abiding citizen, they shouldn’t have to look over their shoulder wondering if they are constantly being watched.

Waging a War on Marijuana, and the Drug War in general, has led to many infringements of civil liberties. An example of surveillance gone wrong, the DEA has been collecting license plate information since 2008. Per the Pacific Standard:

The DEA program collects data about vehicle movements, including time, direction and location, from high-tech cameras placed strategically on major highways. Many devices also record visual images of drivers and passengers, which are sometimes clear enough for investigators to confirm identities, according to DEA documents and people familiar with the program.

The documents show that the DEA also uses license-plate readers operated by state, local and federal law-enforcement agencies to feed into its own network and create a far-reaching, constantly updating database of electronic eyes scanning traffic on the roads to steer police toward suspects.

One of my all time favorite quotes comes from a Supreme Court case dealing with privacy. The case is Olmstead v. U.S. (1928) and the quote is from Justice Brandeis, “The right to be left alone—the most comprehensive of rights, and the right most valued by a free people.” Every American deserves to live their lives without big brother, whether it involves the scanning of license plates or otherwise.

Visiting Dr. Phil Leveque, Oregon Medical Marijuana Doctor and Visionary

In the marijuana movement, there are visionary and prophets that have been shouting about the many benefits of cannabis and the ills of prohibition for decades. If there were a “Marijuana Mount Rushmore,” most people would put the late Jack Herer up there first and foremost. These visionary prophets aren’t necessarily right about everything and their tactics may not be always the very most effective (particularly with the gift of hindsight), however, someone has to be brave and push the envelope to move a cause forward. One of Oregon’s visionary prophets is Dr. Phillip Leveque, a World War II veteran who went on to be one of Oregon’s most prolific medical marijuana doctors. It is safe to say that the Oregon cannabis community wouldn’t be where it is today if it weren’t for Dr. Leveque standing up for the medical benefits of cannabis and his willingness to push the envelope for patients’ rights.

I first met Dr. Leveque several years ago when we were both speaking at a Portland Hempstalk festival where he was wearing a shirt that read “Most Dangerous Man in Oregon.” Coincidentally, Dr. Leveque gave the preceding speech right before Jack Herer suffered a heart attack at the 2009 Portland Hempstalk. Dr. Leveque stated that Herer gave a real “Hell-raiser” of a speech that year. Leveque was dubbed the “Most Dangerous Man in Oregon” after The Oregonian and the Oregon Medical Board deemed him a danger to his patients. Dr. Leveque was eventually stripped of his medical license for violations that included signing authorization forms for patients that he didn’t see in person, although the doctor would contend that he only signed for qualified patients and he had patients’ livelihood in mind when he didn’t want to force them to travel to see him in person, many of whom it have had to have traveled several hours across the state.

Dr. Leveque, who just turned 92 years of age, first started studying the pharmacology of cannabis in 1950, just a few years home from the World War II battlefield. At that time, Dr. Leveque explained to me that he was a skeptic about medical cannabis because the way it was portrayed in medical books at the time (the initial skepticism of the medical benefits of cannabis is something the doctor and I have in common). The doctor kept an open mind and eventually became educated about cannabis’ medical properties. As a war veteran he suffered from post-traumatic stress, particularly from reliving the horror of the day that his combat unit lost 150 soldiers crossing the Rhine River. Of course, Dr. Leveque was ahead of his time in understanding the ability of cannabis to help alleviate post-traumatic stress as Oregon didn’t approve of post-traumatic stress disorder as a qualifying condition in 2013.

When I saw a KOIN 6 news report that Dr. Leveque was currently in hospice care, I reached out to his dear friend, Bonnie King of Salem-News.com, and asked if there was any way that I could see him to pay my respects. I was honored to get word back that the doctor would see me. It was great to spend some time with him, see that he still has a good sense of humor despite his pain and health issues and to have the opportunity to thank him on behalf of all Oregon cannabis law reform advocates as so many people have shared publicly and privately with me that they want to send their love and appreciation to the doctor.

While I have been given lots of credit for the success of Measure 91 and finally legalizing cannabis in Oregon, I will always remind people that legalization was decades in the making and the accomplishment of many, many people. To show my gratitude towards Dr. Leveque, I left him with my notes from my Measure 91 victory speech. He thanked me and wanted to make sure that the notes would be preserved for historical purposes.

We need our prophets like Dr. Leveque and Jack Herer trail blazing a path for all of us to follow. They may support different measures or be overzealous at times in the minds of many, but that doesn’t change the fact that they are heroes to the movement and that there wouldn’t be medical marijuana states or full legalization states without them. I tend to be a moderate compromiser that negotiates a path between the prophets, activists, politicians, professionals and voters, but I know that many people have their roles to fulfill and I will always appreciate those that have helped us get to a more humane cannabis policy. I will always appreciate, Dr. Leveque and I hope that future generations of Oregonians don’t take marijuana legalization for granted and forget the sacrifices that Dr. Leveque and others have made for the cannabis community.

A heartfelt thanks to Bonnie King of Salem-News.com for arranging my visit with Dr. Leveque. Please check out her coverage of this meeting and all things related to the Oregon cannabis community. Below are a couple of pictures that were snapped from our visit.  

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Bonnie King of Salem-News.com and Dr. Leveque
I was glad to thank Dr. Leveque on behalf of all Oregon cannabis law reform advocates for his tireless work on behalf of the cannabis community.

 

My Measure 91 victory speech notes along with picture of Jack Herer & Dr. Leveque, two cannabis visionaries.

A photo posted by Anthony Johnson (@anthonyj1977) on

Marijuana Possession and Cultivation Legal in Washington, D.C.

Washington DC legal marijuana

The United States’ nonsensical federal marijuana policy hit another milestone as the possession and cultivation of cannabis just became legal in our nation’s capital. Washington, D.C., first passed a medical marijuana law in 1998, joining Oregon and Washington in passing medical laws, while California was the pioneer in 1996. However, US Representative Bob Barr (R-Georgia) attached an amendment to the District’s appropriations bill that prevented the enactment of the medical marijuana law passed overwhelmingly by the people.

Congress eventually stripped the Barr Amendment from an appropriations bill that President Barack Obama signed into law in 2009, over a decade after the vote to legalize medical cannabis. While D.C.’s personal possession and cultivation law has undergone its own attacks from a misguided Republicans in Congress, fortunately, residents won’t have to wait a full decade to live under a legalized regime.

Several congressional Republicans went so far as to threaten the residents of our nation’s capital, 7 out of 10 of whom supported the legalization measure. While the push to override the will of the voters has been led by Republicans, other Republicans have stood up for states’ rights and personal liberty, including Dana Rohrabacher (who spoke at the recent International Cannabis Business Conference) and former New Mexico Governor Gary Johnson (who not only debated this issue at the Conservative Political Action Conference, but will be keynoting the Oregon Medical Marijuana Business Conference next month).  From The Washington Post:

At the Conservative Political Action Conference on Thursday just outside the district, several dozen people attended a panel on marijuana legalization, where former Gov. Gary E. Johnson of New Mexico debated Anne Marie Buerkle, the commissioner of the Consumer Product Safety Commission. While Ms. Buerkle stressed the impact of a drug she said would “stupefy our youth,” Mr. Johnson emphatically disagreed, saying the debate was akin to arguing “over whether the sun is going to come up tomorrow.”

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Legal marijuana Washington DCThe push by congressional Republicans notwithstanding, the Justice Department has made clear that it is not interested in interfering. “The U.S. Attorney’s Office for the District of Columbia has jurisdiction,” said William Miller, a spokesman for that office. “We are following developments and have no further comment at this time.”

A few weeks after the marijuana ballot initiative passed, House Republicans placed a provision into a large federal spending bill prohibiting the city, which is overwhelmingly Democratic, from spending tax dollars to enact the initiative. But district officials argue that the marijuana law had already been enacted and certified by the Board of Elections before Congress passed the spending bill, so there was no “enacting” for the House to prevent.

Congress passed an amendment prohibiting funds from being utilized to enact marijuana legalization, but while that amendment failed to derail the legalization of personal possession and cultivation, it has successfully hindered efforts to sensibly regulate and tax marijuana in the District.

It seems unlikely that Congress can force Washington D.C. to arrest, prosecute and imprison people for personal possession and cultivation of cannabis. Of course, federal agents are always free to enforce federal law, but there aren’t many federal prosecutions of people possessing under two ounces or growing a few marijuana plants in their backyard that are merely for personal use.

Nevada County At Odds With State Over Medical Cannabis Business Licenses

Medical cannabis dispensaries are coming to Nevada very soon. Nevada patients have been waiting a long time for legal, safe access. The stakes in Nevada are very high due to the fact that Nevada dispensaries will be allowed to sell to out of state patients.

There is a battle brewing in Nevada between the state officials and Clark County officials. Per Marijuana Business Daily:

A Nevada judge has ruled that the process state officials used to select businesses to dispense marijuana in unincorporated Clark County was fair, paving the way for dispensaries to open as early as next month.

Five prospective dispensary owners filed a lawsuit after receiving approval to operate by the county but not the state, asking for an injunction that would delay the opening of MMJ centers in unincorporated areas of Clark County. But District Court Judge Kathleen Delaney said that the state followed all regulations when selecting 18 applicants that received preliminary permits, according to KLAS TV in Las Vegas.

The county, however, is firing back. On Monday, the Clark County Commission denied 58 applications for dispensary licenses, including a handful the state had already approved.

I have seen many would be dispensary owners cry foul when they don’t get approved for a license. However, I have never seen a showdown between a county and state due to licensing dispensaries. I’m curious to see how far Clark County will go to defend the dispensaries that they approved, and disrupt efforts by dispensaries that they denied. Hopefully for the sake of patients, this issue gets resolved sooner than later.

Two Federal Marijuana Legalization Bills Introduced

VA Medical Marijuana

While I, like many Americans, tire of partisan politics, I am always proud to cast my vote every two years for Democratic Congressman Earl Blumenauer. I may not agree with the good congressman on everything, I am very appreciative of his willingness to work towards ending the failed and harmful policy of marijuana prohibition. He looks for innovative ways to appeal to his fellow members of Congress, including reaching across the aisle to Republicans. He is willing to listen to and to learn and he provides sensible, pragmatic ideas to move our country forward towards a day when we finally end this senseless War on Marijuana.

At one time, it seemed that Representative Blumenauer was shouting about the evils of prohibition all alone, but he has kept working to appeal to as many elected officials as possible. He has helped garner more and more votes for sensible amendments that have ended federal funding of medical marijuana prosecutions in medical marijuana states as well as easing restrictions that have prohibited states from implementing industrial hemp regulations. He and Grover Norquist don’t agree on much, but he’s worked with the conservative anti-tax icon to fight against the unfair taxation of cannabis businesses. Banking remains a major obstacle for the cannabis industry, so of course, Congressman Blumenauer is there to stand up for reasonable banking regulations.

Congressman Blumenauer was recently joined by Colorado Congressman Jared Polis in announcing the filing of two marijuana legalization measures. While neither is likely to pass and I’ll quibble a bit with the notion that a 25% federal excise tax is needed (as such a tax could very well hinder the ability to fully regulate the market), these two proposals move the debate forward at a time when we are seeing the momentum for legalization continue to swell across the country. Thanks to Representatives Blumenauer and Polis, we can be sure that we have allies in Congress that understand the horrible consequences marijuana prohibition has on our country, especially on people of color and those battling poverty. I encourage supporters of cannabis law reform to whole-heartedly support the efforts of these two great Congressman who are no longer being just brave, they are merely representing the will of the voters.

Below is the official press release announcing the federal legalization bills.

HouseRepSeal

UNITED STATES HOUSE OF REPRESENTATIVES

***PRESS RELEASE***

Rep. Blumenauer and Rep. Polis Introduce Bills to End the Federal Prohibition and Tax Marijuana

Washington, DC – Today, Representative Earl Blumenauer (D-OR) and Representative Jared Polis (D-CO) introduced two bills that together would legalize and tax marijuana at the federal level. Representative Blumenauer’s legislation, H.R. 1014, the Marijuana Tax Revenue Act of 2015, creates a federal excise tax on non-medical marijuana sales and moves this quickly growing industry out of the shadows. Representative Polis’s legislation, H.R. 1013, the Regulate Marijuana Like Alcohol Act, removes marijuana from the schedule set by the Controlled Substances Act; transitions marijuana oversight from the jurisdiction of the Drug Enforcement Agency to the Bureau of Alcohol, Tobacco, Firearms and Explosives; and regulates marijuana like alcohol by inserting into the section of the U.S. Code governing “intoxicating liquors.”

More than 213 million people live in a state or jurisdiction that allows the some form of legal use of marijuana. Twenty-three states currently allow for medical marijuana, while four states–Colorado, Washington, Oregon, and Alaska–and the District of Columbia recently legalized the recreational use of small amounts of marijuana. Eleven additional states have passed laws allowing the use of low-THC forms of marijuana to treat certain medical conditions.

Following federal legalization, the Marijuana Tax Revenue Act would impose a federal excise tax on the sale of marijuana for non-medical purposes as well as apply an occupational tax for marijuana businesses. The bill would establish civil and criminal penalties for those who fail to comply, like those in place for the tobacco industry.  The bill also requires the IRS to produce periodic studies of the marijuana industry and to issue recommendations to Congress. It phases in an excise tax on the sale by a producer (generally the grower) to the next stage of production (generally the processor creating the useable product).  This tax is initially set at 10% and rises over time to 25% as the legal market displaces the black market.  Medical marijuana is exempt from this tax.

The Regulate Marijuana Like Alcohol Act would remove marijuana from the schedule set by the Controlled Substances Act; transition marijuana oversight from the jurisdiction of the Drug Enforcement Agency to the Bureau of Alcohol, Tobacco, Firearms and Explosives; and regulate marijuana like alcohol by inserting into the section of the U.S. Code that governs “intoxicating liquors.”

“It’s time for the federal government to chart a new path forward for marijuana.” said Mr. Blumenauer.  “Together these bills create a federal framework to legalize, regulate and tax marijuana, much like we treat alcohol and tobacco. The federal prohibition of marijuana has been a failure, wasting tax dollars and ruining countless lives. As more states move to legalize marijuana as Oregon, Colorado, Washington and Alaska have done, it’s imperative the federal government become a full partner in building a workable and safe framework.”

“Over the past year, Colorado has demonstrated that regulating marijuana like alcohol takes money away from criminals and cartels, grows our economy, and keeps marijuana out of the hands of children,” said Mr. Polis. “While President Obama and the Justice Department have allowed the will of voters in states like Colorado and 22 other jurisdictions to move forward, small business owners, medical  marijuana patients, and others who follow state laws still live with the fear that a new administration – or this one—could reverse course and turn them into criminals. It is time for us to replace the failed prohibition with a regulatory system that works and let states and municipalities decide for themselves if they want, or don’t want, to have legal marijuana within their borders.”

National trends reflect state efforts.  More than 46% of people 18 and older have tried marijuana at least once and public opinion research reveals more than half of the U.S. population supports legalization. Yet even as states and local governments have taken the lead in finding legal arrangements for marijuana, federal law classifies it among the most dangerous illegal drugs. The enforcement of these laws wastes federal resources and ruins lives. Individuals, states, and marijuana businesses are trapped in a patchwork of conflicting state and federal laws.

It is time for Congress to end the federal prohibition on marijuana, remove it from the Controlled Substances Act, and create a sensible tax and regulatory framework. This represents a unique opportunity to save ruined lives, wasted enforcement and prison costs, while simultaneously helping to create a new industry, with new jobs and revenues that will improve the federal budget outlook.

 

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Alaska Becomes the 3rd State to Legalize Marijuana

During law school, my favorite case was Ravin v. State, an Alaska Supreme Court decision declaring that the possession and cultivation of personal amounts of marijuana was legal under the Alaska Constitution. The court determined that Alaskans were a different breed, individualistic and supporting more privacy rights than other state citizens. The Alaska Constitution, contrary to the United States Constitution, explicitly included a right to privacy in the text. The text of the state constitution, along with the unique nature of Alaskans, allowed the court to conclude that the state hadn’t met the burden of proof to show that the state’s interest in outlawing marijuana should override Alaskans right to privacy in their own homes.

Alaskans have taken that right to privacy laid out in Ravin, one step further, legalizing marijuana for all adults over 21 and establishing a licensed and regulated system to create jobs and generate revenue for the state. While Oregon was the third state to vote for marijuana legalization, Alaska earned the right to be the third state to actually legalize marijuana as February 24, 2015, marks the day Alaska’s personal possession limits went into effect, while Oregonians must wait until July 1st (although four county district attorneys, including the state’s most populous county, (Multnomah) have determined to treat marijuana as if July 1st is already here.)

Alaska also has the distinction of being the first “red” Republican state to legalize marijuana. While the state certainly has a libertarian streak, it is a safe state for the Republican Party while Oregon and Washington are “blue” Democratic states and Colorado is more of a “purple” state that can swing red or blue. Alaska helps demonstrate that marijuana legalization is a bipartisan issue that cuts across party and ideological lines. This red state provides hope that states such as Arizona, Nevada, Missouri, Florida and Ohio may very well be joining the next wave of legalization states that includes California, Massachusetts, Maine and New Mexico. So congratulations and thank you to all of the Alaskan advocates and voters that made history and helped move marijuana legalization more mainstream.

Industrial Hemp Could Be Coming To Pennsylvania

Hemp for Victory

Hemp reform has been a hot topic of discussion amongst lawmakers all over the United States, and Pennsylvania is no exception. There is a bipartisan effort to legalize hemp in Pennsylvania during this legislative session. If successful, Pennsylvania would join a growing list of states that have passed hemp reform. Per PennLive.com:

Senate Bill 50 would allow the cultivation of hemp through research programs at colleges and universities. It’s sponsored by Sens. Judy Schwank, D-Berks, and Mike Folmer, R-Lebanon, two of the supporters of medical marijuana legislation that itself may see passage this year.

“From paper to fuel, clothing to biodegradable plastics, the return of industrial hemp would give Pennsylvania’s farmers the opportunity to grow an in-demand crop that benefits tens of millions of people all over the world,” Schwank said, in a written statement.

Hemp, a member of the cannabis species, contains very low levels of tetrahydrocannabinol, the substance that leads to the high smokers feel from marijuana.

Whether it be at the local level, or better yet state level, hemp reform is a growing topic in Pennsylvania. Pennsylvania farmers are hardworking, honest people that deserve to help their families by growing a harmless crop that can be used in thousands of ways.

A person literally would have to smoke a hemp joint the size of a telephone pole in order to become intoxicated. Hemp cannot be used to hide marijuana plants because cross pollination would ruin the marijuana plants. So what is the big deal Pennsylvania lawmakers, and what are you waiting for?

Congressman Dana Rohrabacher Brings Marijuana Legalization to GOP

Too often, marijuana legalization is seen as a liberal, Democratic policy ideal that is opposed by conservative Republicans. Congressman Dana Rohrabacher, who worked as a speechwriter for conservative icon Ronald Reagan, is doing his part to educate the public and his fellow Republican colleagues, that ending cannabis prohibition includes the conservative ideals of personal liberty, states’ rights and limited government. At the International Cannabis Business Conference, the Orange County Republican was even willing to sit down for Marijuana Politics with convicted drug dealer “Freeway” Ricky Ross to both listen to the felon-turned-author as well as promote the need to reform our marijuana nation’s marijuana laws.

Representative Rohrabacher chastised his GOP colleagues to support the Farr-Rohrabacher Amendment added to the Justice Department spending bill that prohibits any federal funds from being utilized to investigate, prosecute or convict citizens for medical marijuana if they are acting legally under state law. Rohrabacher told his conservative allies that he didn’t want to hear them proclaim their support for states’ rights, personal liberty or the sanctity of the doctor-patient relationship if they didn’t support the medical marijuana amendment. Eventually, Rep. Rohrabacher was joined by about 50 of his fellow GOP representatives, while nearly all Democratic House members supported the amendment. Despite the disparity among the parties, Rohrabacher’s efforts are gaining votes and publicity for the legalization cause, making him one of the most important marijuana law reformers in the country.

From SFGate.com:

Politicians don’t get much more conservative than Orange County Rep. Dana Rohrabacher. He was Ronald Reagan’s speechwriter, an inspiration behind California’s anti-immigration Proposition 187, a Cold War hardliner, and a man who self-deprecatingly calls himself a “Neanderthal Republican.”

But now, Rohrabacher has emerged as a national leader in one not-so-conservative issue: legalizing marijuana.

“The marijuana laws have been used to expand the power of government over people’s lives more than just anything else I can think of,” Rohrabacher said recently in San Francisco, shortly after a prime speaking slot at the International Cannabis Business Conference. “I would like marijuana to be treated the same way we treat alcohol.”

As marijuana legalization continues its mainstream march away from the coasts and into America’s Heartland, the support of conservatives and Republicans will become even more important to convince voters and politicians across the country. Two-term Republican Governor Gary Johnson is also a prominent GOP member (he will be keynoting the Oregon Medical Marijuana Business Conference on March 15-16) while Rand Paul has shown a willingness to be sensible on the issue, although not as supportive as his father Ron. However, as the Republican Party looks to expand its base, cannabis legalization may very well prove to be a key issue as it appeals to libertarians and Millenials, two groups that can easily find their way into the GOP tent. Thanks in large party to Dana Rohrabacher, legalization certainly has the potential to be a bipartisan issue not beholden to any one party or ideology and that is a great development in the fight to bring more freedom and prosperity to the cannabis community, and all Americans.

Minnesota’s Medical Marijuana Industry Unionizes, Needs to Expand

The United Food & Commercial Workers (UFCW) Union has been one of the strongest political forces working to end cannabis prohibition across the country. The UFCW has unionized medical cannabis workers in California and the union put its considerable political clout into the successful Oregon Measure 91 legalization measure. The UFCW has just announced that they have unionized one of Minnesota’s medical production facilities and is in talks to unionize the other facility.

From KIMT.com:

Bernie Hesse, an organizer with UFCW Local 1189, says his union is also talking to LeafLine about organizing staff at its facility in Cottage Grove.

The contract at Minnesota Medical Solutions calls for the head cultivator to earn $2,200 a week. Pharmacy, horticultural and laboratory technicians will make $22 an hour. Custodians will make $18 an hour.

July 1st is the first day medical cannabis can be dispensed in Minnesota.

While it is great to see medical marijuana law reforms across the country, Minnesota’s law needs to expand to adequately benefit patients. Minnesota’s Legislature passed a bill last year to legalize medical cannabis in certain limited forms. The bill created one of the most strict medical marijuana programs in the country. Smoking medical cannabis is prohibition. Patients can only vaporize cannabis, or ingest via edibles or other non-smokable means. All cannabis will have to be purchased through licensed outlets, which will be limited to a small handful which likely won’t open until 2016.

The list of qualifying conditions is very low compared to some older programs in America. But it sounds like Minnesota’s Governor is open to the idea of expanding the list, but isn’t willing to allow smokable flower. Per the Albert Lea Tribune:

Dayton said he’s willing to consider expanding the list of qualifying health conditions for patients looking to access medical marijuana, but he won’t budge on the prohibition against smoking the drug for medicine or otherwise. “If there are people with medical needs that could be helped with what we will be producing next year then I am certainly willing to consider that in the coming session,” he said.

Minnesota’s medical marijuana program is too young right now to know what level of success it will experience. However, it’s safe to say that the program’s success will never reach it’s full potential until more patients can qualify for the program via added conditions, and be able to grow medical cannabis on their own. There are currently only two entities licensed to grow cannabis in Minnesota, which means if one or both don’t do it right, it will cripple safe access, which is obviously harmful to patients.

DNC Chair Debbie Wasserman Schultz Offers to Flip on Marijuana?

Democratic National Committee Chair Debbie Wasserman Schultz, a Florida US representative, has long been a thorn in the side of the marijuana law reform movement. While more and more Democrats have joined the movement to enact sensible cannabis laws, Ms. Schultz has remained an opponent, siding with Republican backers such as billionaire Sheldon Adelson who dumped millions into Florida to defeat last year’s medical marijuana measure.

A vast majority of Democrats across the country understand that the War on Marijuana has unfairly hurt people of color and of low income, two constituencies that the Democratic Party have traditionally understood as their base supporters. Not only does reforming marijuana laws show compassion for poor minorities disproportionately targeted for draconian punishments, but also sick and disabled patients battling severe and debilitating medical conditions. Further, in cold, hard political calculations, Democratic political operatives have concluded that marijuana measures bring out young voters more likely to support Democratic candidates. The Democratic Party of Oregon endorsed the state’s Measure 91 marijuana legalization initiative last election and Oregon became the only state to see Democratic majorities in the state legislature increase as legalization was supported by just over 56% of all Oregon voters and CNN exit polling found that 77% Oregon Democrats supported Measure 91.

The DNC Chair seems to be going against the tide of her party and the nation, but was alledelly willing to change positions if prominent Florida attorney and medical marijuana supporter John Morgan took back statements he made against her. Morgan’s support could be key if Ms. Schultz decides to run for a US Senate Seat in Florida. Per Politico:

Democratic National Committee Chair Debbie Wasserman Schultz’s office offered to change her position on medical marijuana if a major Florida donor recanted his withering criticism of her, according to emails obtained by POLITICO.

The proposal to Orlando trial lawyer John Morgan was straightforward: retract critical statements he made to a reporter in return for Wasserman Schultz publicly backing his cannabis initiative that she had trashed just months earlier. Morgan declined the offer with a sharp email reply sent to a go-between, who described the congresswoman as being in a “tizzy.”

“No,” Morgan responded. “She is a bully. I beat bullies up for a living.”

The DNC Chair has since fired back, refuting Morgan’s claim. From the Sun Sentinel:

Wasserman Schultz called the allegation “outrageous” and said the purported deal, reported by Politico is false.

“I wouldn’t change my position in exchange for support under any circumstances – ever. I stand on principle. I’m always very proud to stand in front of my constituents and explain when I have a difference of opinion with them,” she told the Sun Sentinel.

Her accuser, the prominent Orlando-based trial lawyer John Morgan, responded in a statement Friday afternoon that Wasserman Schultz’s suggestion of a quid pro quo was “crystal clear.”

It appears that Ms. Wasserman Schultz will be damaged among Florida Democrats regardless of how this dispute plays out. While the Florida medical marijuana measure didn’t garner the 60% needed for passage, 58% of Florida voters did support the legalization of medical cannabis. It would behoove the Florida representative to both educate herself on the science of medical cannabis, maybe catch a Dr. Sanjay Gupta special, and talk to some patients that are suffering through chemotherapy or from glaucoma. Wasserman Schultz should then “evolve” on the issue and support a new medical marijuana policy that contains a few revisions from last year’s ballot measure. While she has been a formidable politician and fund raiser, she will only be able to go against the will of the voters for so long. Changing her stance on medical cannabis will be both a compassionate and politically pragmatic decision that is long overdue.

Oregon Medical Marijuana Business Conference Features Gary Johnson, Former New Mexico Governor

Fresh off the heels of the International Cannabis Business Conference (ICBC) in San Francisco that featured long-time California Congressman Dana Rohrabacher calling for an end to cannabis prohibition and declaring federal medical marijuana prosecutions illegal, the Oregon Medical Marijuana Business Conference (OMMBC) on March 15-16 will feature a keynote address by Gary Johnson, a former 2-term governor of New Mexico. While cannabis legalization is often seen as a liberal policy most often associated with Democrats, it’s very notable that both Rohrabacher and Johnson were elected Republicans.

Johnson, a self-made millionaire business man rose up the political ranks in New Mexico after creating a successful construction business that started as as a one-man venture that grew into one of the state’s largest construction companies. As a dark horse candidate that stressed fiscal responsibility and personal liberty, he left office with balanced budgets and thousands of more jobs created. During his second term, Johnson became much more vocal about the need for marijuana law reform and civil liberties issues became a foundation of his eventual campaigns for president, both as a Republican and then as the Libertarian Party nominee.

The former governor has since became a much more outspoken proponent for marijuana legalization, even joining the industry as CEO of Cannabis Sativa, a Nevada-based company. According to CBS News, Johnson agreed to get paid in stocks, only earning money if the shareholders profit as his salary is merely $1 per year. Former Alaska US Senator Mike Gravel has also accepted a position with a subsidiary of Cannabis Sativa, showing the that business venture, and the fight to legalize marijuana itself, is a bipartisan effort.

I’ll certainly have more to blog about Gary Johnson and the rest of the OMMBC over the next month, and full disclosure, I help organize both the ICBC and the OMMBC. Both efforts I am extremely proud of as they bring together both industry entrepreneurs and activists so that we can all network and learn from one another, as we keep in mind the importance of protecting medical cannabis patients while ending the arrests, prosecutions, persecutions and imprisonment of the cannabis community. The regulation, legalization and taxation of marijuana will of course create jobs and revenue, but our cause will always be about freedom and civil liberties first and foremost. The OMMBC will focus on Oregon’s current medical law while providing insight into the future of legalized cannabis for all adults, providing opportunities to network and learn, whether you are doing business in Oregon or another state. You can learn more at www.ommbc.com.