(KY) (HEMP) New Herbicide Approved by EPA

Kentucky Heligen 24(c) Request Approved; Can Help Control Corn Earworm, Cotton Bollworm, and Tobacco Budworm

Heligen, manufactured by AgBiTech Pty Ltd, can now be used on industrial hemp in Kentucky to aid in control of corn earworm, cotton bollworm and tobacco budworm.

This has been accomplished through a Special Local Needs (SLN) 24(c) request submitted by the Kentucky Department of Agriculture (KDA) to the EPA.

Use of Heligen (EPA Registration No.: 87978-2) is approved through December 31, 2024 unless the SLN is otherwise amended, withdrawn, canceled or suspended.

Hemp producers are responsible for determining which pesticides can be used and in what manner.

KDA encourages growers to work with processors or purchasers on what will be acceptable before applying this or any product. Heligen also will be added to KDA’s online list of Pesticide Products Registered for Industrial Hemp in Kentucky.

Doris Hamilton

Industrial Hemp Program Manager

Department of Agriculture

Office of Marketing

111 Corporate Drive

Frankfort, KY 40601

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China Is Making a Major Play for American Farms and Farmland

Companies backed by the Chinese government are making Big Ag acquisitions in the U.S.

The American farmer is revered in our culture

. He—the mythical American farmer is invariably a man—is in many ways a professional embodiment of values, such as individualism and hard work, that are considered part of the national identity. With their backbreaking work, farmers settled the growing West through the 1862 Homestead Act. It’s not a stretch to say that farmers, riding the wave of manifest destiny, built the United States. Today, they continue to feed it.

But the days when anyone could pick up a pitchfork and become a farmer are long gone. Farmland can cost an average of $4,000 per acre in the United States, and most farms have roughly 1,100 acres. Some of the biggest crops, such as corn and alfalfa, aren’t even grown to feed people. Thanks to globalization, food grown in the Midwest might end up feeding someone half a world away.

In an effort to cut out the middleman, foreign buyers are trying to circumvent the American farmer. Instead of buying food from farmers who work their own land, some foreign buyers want to own and operate these American farms themselves—as well as the livestock barns and slaughterhouses. Between the 2013 purchase of pork processor Smithfield by a Chinese holding company and ChemChina’s pending $43 billion offer for the agrichemical company Syngenta, the world’s most populous country is making a major play to buy the proverbial American farm—and U.S. politicians are lending a helping hand.

On Feb. 11, Nebraska’s Republican Gov. Pete Ricketts signed L.B. 176 into law, reversing a 1999 law that prevented meatpackers from owning livestock for more than five days prior to slaughter. Pork processors like Smithfield, which owns a plant employing more than 2,000 in Crete, Nebraska, will soon be able to vertically integrate their operations. Instead of buying hogs from numerous independent farmers, farmers will contract with processors like Smithfield for the privilege of selling their pork.

It’s a big concern for farmers who worry the pork industry will be swallowed up by contract farming, like the chicken industry. This is one area where pork producers don’t want to be “the other white meat.” Chicken “growers” are paid to raise the birds on their land as well as pay for expensive poultry houses, labor, and maintenance. But it’s the major poultry companies who own the chickens—as well as the hatcheries, slaughterhouses, and feed.

That the Nebraska pork industry is poised for takeover by contract farming isn’t that big of a deal in itself. Most other Midwestern states long ago repealed their own packer bans and have seen pork production climb as Nebraska’s slipped. Nebraska was the last holdout. Though China can benefit from making the state an extension of its food supply, Nebraska legislators are courting China as an important trading partner too. As the executive director of the Nebraska Pork Producers Association noted, the state has the competitive advantage of being the Midwest hog producer closest geographically not just to West Coast markets but to the Pacific Rim as well. But while playing with China could be an economic boon to some in the state, the benefits may not translate to individual farmers. It could also damage U.S. agriculture, food security, and the environment as well.

RELATED: Big Poultry Isn’t Just Terrible for Chickens—It Treats Farmers Poorly Too

China is in dire need of both food and farms. While the country looks huge on a map, only 11 percent of Chinese land can be farmed. Add that to the huge population, and you have a recipe for food-security disaster. “Food security, the ability to ensure ample and affordable supplies of food for all, is a political headache for leaders in Beijing, who are all too aware that staying in power means keeping rice bowls filled,” Keith Johnson wrote recently in Foreign Policy.

More than 40 percent of China’s existing arable land has been degraded by pollution, acidification, and reduced fertility, China’s official news agency, Xinhua, reported in 2014. Chinese researchers have estimated a need for a 30-percent increase in rice-harvest productivity to feed the population. China’s Number One Central Document, an annual policy blueprint of sorts, has focused on agriculture, rural development, and farmers 13 times since 2000, according to Xinhua.

As a result, China is investing in the best agricultural technology and best farmland—regardless of where it lies—to keep its people fed. The United States, with six times more arable land per capita, is the perfect contract farmer.

•••

“An acquisition like Syngenta by ChemChina really allows them [China] to have this major foothold in feed production as well,” said Ted Genoways, author of The Chain: Farm, Factory, and the Fate of Our Food. “Suddenly you’re looking at the Chinese government being one of the largest players in American agriculture.”

The passage of L.B. 176 was not just a happenstance blessing for Smithfield. The company spent $46,222 lobbying Nebraska legislators in the first three quarters of 2015, according to Fortune. Reporter Leah Douglas wrote that in 2015, Smithfield gave more than $12,000 to 19 state senators who were voting on L.B. 176. All but one voted in favor of the bill.

Shaunghui, a private Chinese meat-processing company, purchased Smithfield for 30 percent over its market value. Sen. Debbie Stabenow, D-Mich., who was on the committee that reviewed the deal, noted during the hearings, “I firmly believe that economic security is part of our national security and that it should be considered when our government reviews foreign investment into the United States.” Stabenow called the Smithfield purchase “precedent-setting,” as it was the largest purchase of a U.S. company by a Chinese firm. Furthermore, it was the first acquisition of a major American food company by a Chinese business.

During the hearing, both lawmakers and the U.S.-China Economic and Security Review Commission presented concerns that the Chinese government was backing the deal. But Smithfield CEO Larry Pope offered assurances that there was no connection between Shaunghui and the Chinese government. The U.S. Treasury Department allowed the purchase to go forward. Yet, just a year later, the Center for Investigative Reporting discovered that the Chinese government did have a connection to Shaunghui. The Communist Party supported the Smithfield purchase with “preferential policy, as well as investment,” Zhang Taixi, the government-appointed president of WH Group (the corporate name Shaunghui adopted in 2014), told CIR.

•••

But the Syngenta deal is not Smithfield 2.0—not exactly. Syngenta is a Swiss company, and in many ways, the merger may not seem all that different from DuPont and Dow’s recently announced coupling. “The big question around Syngenta and ChemChina is that ChemChina isn’t just a Chinese company—it’s a Chinese-government-owned company,” said Roger Johnson, president of the National Farmers Union. This is not the merger of two companies but the second-most-powerful nation in the world seeking to put its might behind one corporation. Johnson added that it was unclear whether China could be expected to behave in an “economically predictable fashion.” In other words, any effect a corporate monopoly might have on an industry could be multiplied to unforeseen levels should the Chinese government decide to interfere with the market—which it has a track record of doing.

Multinational companies that have collaborated with Chinese state-owned enterprises have found themselves in enviable business positions in the past, international strategy consultant Thomas Hout wrote in 2014 in the Harvard Business Review. For example, a U.S. corporation that partners with the government may be able “to develop products in China faster than it otherwise could have,” and those businesses on the other side may find themselves similarly held back.

Based on past behavior, allowing the deal with Syngenta to go through raises the possibility that China could use its new acquisition to gain an unfair advantage over the global seed market, Johnson said. If more seed companies consolidate (or are pushed out of business), the consequences could be dire for the genetic diversity of seeds sold on the commercial market.

Past mergers between seed companies have allowed them to simplify their total catalog of offerings. Focusing on corn, soybeans, and cotton, the USDA’s Economic Research Service found that new research and development stopped or slowed as the seed industry began to consolidate in the 1990s. “Those companies that survived seed industry consolidation appear to be sponsoring less research relative to the size of their individual markets than when more companies were involved,” agricultural economists Jorge Fernandez-Cornejo and David Schimmelpfennig wrote in a 2004 USDA publication. They added, “Fewer companies developing crops and marketing seeds may translate into fewer varieties offered.”

Consolidation of seed varieties is not a new trend. Throughout the history of agriculture, farmers have selected and saved seed varieties that were best adapted to their specific soil and climate conditions, resulting in thousands of variations of the same plant. But the largest seed companies prefer to sell a lot of just a few varieties of seeds to maximize profits. Over time, this one-size-fits-all approach to food has cut down on the types of commercially grown apples, oranges, and many other foods.

Some less popular varieties are lost for good, and seed varieties that were once perfectly adapted for a location may no longer exist. Those who are worried about seed diversity, especially in the face of climate change, worry that the shrinking choice of genetics could have disastrous consequences.

Johnson noted that mergers also reduce competition, causing the prices of seeds to rise. Consolidation was the highest during the 1990s and—after a brief slowdown—continued again into the late aughts, Philip Howard wrote in Sustainability in 2009. Between 2001 and 2010, according to the USDA, the price of genetically engineered corn and soybean seeds rose by 50 percent.

Another possibility is that the Chinese government could fast-track the approval of new genetic traits developed by Syngenta for use in China while allowing those from other countries and companies to languish, Johnson said. The Chinese market is, in some years, an important importer of corn—enough so that U.S. farmers take note of the type of corn China is buying. (In other years, its corn production is high enough that it has been the source of the second-largest corn exports.) Those farmers who grow corn for the export market could find themselves shut out of the Chinese market unless they grow approved varieties of corn. If Syngenta owned the only approved corn for import to China, it would give the company an effective monopoly over any farmer who hoped to export to that market.

Though WB Group is technically an independent company, many members of its board of directors were appointed by the Chinese government. The company also received preferential treatment and financial backing when proceeding with the Smithfield deal. As a result, there are unanswered questions about just how much distance there is between a corporation like WB Group and the Chinese government. If China decided to grant preferential treatment to Smithfield imports, it would be a huge economic coup, as China is the world’s largest consumer of pork. Thanks to L.B. 176, the WB Group–owned Smithfield could now take steps to own the entire production chain for pork production with the least geographic distance between U.S. pork production and the Chinese market.

•••

There are those who dislike the intrusion of agribusiness into the U.S. food system and figure that any problems facing conventional farmers or agrichemical companies as a result are a win. But there are environmental and public health factors to consider as well.

One of the benefits to owning every aspect of production from feed through packaging is that “you can increase production essentially at will,” said Genoways. That production will lead to more barns being built and, in turn, waste coming out of those barns. “You need more feed for those pigs, so you’re raising more row crops and putting more of that waste onto the fields,” he explained. “It becomes a feedback loop.”

He pointed out that “this isn’t theoretical,” offering Iowa’s pork industry as an example. In early 2006, Hormel sued the government, asserting that Iowa’s packer ban—which, like Nebraska’s law, prevented pork processors from owning pork themselves—violated the U.S. Constitution. The company successfully received an injunction preventing the state from enforcing the existing law, allowing Hormel to begin contract farming in Iowa.

Between 2007 and 2012, Iowa had the largest increase in hog and pig sales of any state in the country—a jump of $1.9 billion. The runner-up, Minnesota, saw increases of only $600 million during the same period.

Based on the events in Iowa, Genoways predicts Nebraska will soon experience increases in surface water pollution. The number of polluted Iowan waterways increased 15 percent between 2012 and 2014, according to the state’s Department of Natural Resources. That’s not all. Not only do the waste pits used to capture manure from large hog operations produce antibiotic-resistant bacteria, but new research is beginning to show that the pathogens can travel miles away.

Despite economic, environmental, and public health concerns, it looks like there is little political inclination to stop mergers like Syngenta’s or Smithfield’s from happening.

As Genoways said, “We haven’t just allowed vertical integration to come in—we’ve handed over a vertically integrated system to a foreign government.” All we can do now is wait and see what the consequences will be.

CONTINUE READING…

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DEA affirms hemp’s new status, sends notice that plant is legal

Published August 26, 2019

More than six months after hemp was made legal in the United States, federal drug authorities have updated their guidance to remind law enforcement that hemp is no longer a controlled substance.

A notice posted Monday by the U.S. Drug Enforcement Administration (DEA) cited the 2018 Farm Bill in noting that “certain forms of cannabis no longer require DEA registration to grow or manufacture.”

The agency went on to say that “hemp, including hemp plants and cannabidiol (CBD) preparations at or below the 0.3 percent delta-9 THC threshold is not a controlled substance.”

The DEA notice didn’t change the law or make hemp legal; that occurred last year.

But because the agency had yet to remind national law enforcement through its regular bulletins that hemp is legal, some hemp businesses found themselves fighting legal confusion about the plant’s status.

Attorneys who represent hemp clients told Hemp Industry Daily that the DEA statement is an overdue affirmation of cannabis legality.

The DEA also announced Monday that it will expand research on higher-THC varieties of cannabis classified as marijuana.

CONTINUE READING…

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DEA Announces Steps Necessary to Improve Access to Marijuana Research

temporary

FOR IMMEDIATE RELEASE

Monday, August 26, 2019

DEA Announces Steps Necessary to Improve Access to Marijuana Research

The Drug Enforcement Administration today announced that it is moving forward to facilitate and expand scientific and medical research for marijuana in the United States. The DEA is providing notice of pending applications from entities applying to be registered to manufacture marijuana for researchers. DEA anticipates that registering additional qualified marijuana growers will increase the variety of marijuana available for these purposes.

Over the last two years, the total number of individuals registered by DEA to conduct research with marijuana, marijuana extracts, derivatives and delta-9-tetrahydrocannabinol (THC) has increased by more than 40 percent from 384 in January 2017 to 542 in January 2019. Similarly, in the last two years, DEA has more than doubled the production quota for marijuana each year based on increased usage projections for federally approved research projects.

“I am pleased that DEA is moving forward with its review of applications for those who seek to grow marijuana legally to support research,” said Attorney General William P. Barr.  “The Department of Justice will continue to work with our colleagues at the Department of Health and Human Services and across the Administration to improve research opportunities wherever we can.”

“DEA is making progress in the program to register additional marijuana growers for federally authorized research, and will work with other relevant federal agencies to expedite the necessary next steps,” said DEA Acting Administrator Uttam Dhillon.  “We support additional research into marijuana and its components, and we believe registering more growers will result in researchers having access to a wider variety for study.”

This notice also announces that, as the result of a recent amendment to federal law, certain forms of cannabis no longer require DEA registration to grow or manufacture. The Agriculture Improvement Act of 2018, which was signed into law on Dec. 20, 2018, changed the definition of marijuana to exclude “hemp”—plant material that contains 0.3 percent or less delta-9 THC on a dry weight basis. Accordingly, hemp, including hemp plants and cannabidiol (CBD) preparations at or below the 0.3 percent delta-9 THC threshold, is not a controlled substance, and a DEA registration is not required to grow or research it.

Before making decisions on these pending applications, DEA intends to propose new regulations that will govern the marijuana growers program for scientific and medical research. The new rules will help ensure DEA can evaluate the applications under the applicable legal standard and conform the program to relevant laws. To ensure transparency and public participation, this process will provide applicants and the general public with an opportunity to comment on the regulations that should govern the program of growing marijuana for scientific and medical research.

The Notice of Application is available here: https://www.federalregister.gov/public-inspection/current.

Component(s):

Drug Enforcement Administration (DEA)

Office of the Attorney General

Press Release Number:

19-895

Updated August 26, 2019

SOURCE LINK

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Wayward Bill is at Seattle Hempfest 2019

American flag and pot plant

This weedend (pun intended), “Where’s Wayward Bill” was attending the Washington State, Seattle Hempfest, now in it’s 28th year, originally began in 1991!

Wayward has attended a number of these events in the past and has always made a great showing for the USMjParty.

The USMjParty in coming up on it’s 17th Anniversary on November 25, 2019,  and this was a great event to attend to mark the occasion.  I only wish I could have had the same experience, in that I’ve never been able to make the trip, however, it will remain on my “bucket-list” to be fulfilled at some point, (I hope)!

Getting back to the task at hand, the following are some links to posts originally made on Facebook that marked the occasion.

Image may contain: 1 person

First of all, it’s technically not a cannabis festival. “It’s a protest festival,” McPeak explained. “The Constitution of the United States says we have the right to peacefully assemble and air disagreements with the government.” That’s how the fest started, back in the summer of 1991 — as an offshoot of the 1990-91 Gulf War protests and peace actions McPeak helped organize. The purpose wasn’t to light up a joint, but to express public outrage over the fact that lighting up a joint could lead to prison.

Seattle Hempfest 2019 Wayward Bill

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Above:  My FAVORITE VIDEO!

Last but not least…

Hempfest6

Please visit the above links and enjoy the Hempfest experience!!

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(KY) Hemp legislation passes House Agriculture panel

For Immediate Release

Feb. 13, 2019

Hemp legislation passes House Agriculture panel

FRANKFORT—Kentucky would expand its definition of industrial hemp to match language in the recently signed 2018 Farm Bill under legislation that today cleared the House Agriculture Committee.

House Bill 197, sponsored by House Agriculture Chair Rep. Richard Heath, R-Mayfield, would expand the definition to include the seeds of industrial hemp—formally called Cannabis sativa L.—derivatives, extracts, cannabinoids and isomers, among other components. That is the same definition found in the new U.S. Farm Bill, signed into law late last year, which removed hemp from the federal Controlled Substances Act.

Until last year hemp was outlawed nationwide since 1970 under the federal Controlled Substances Act. The 2014 federal Farm Bill, however, allowed states to engage in hemp research pilot programs under certain conditions. Industrial hemp has been grown in Kentucky since 2014 under a state-regulated research pilot program.

The committee today also approved House Concurrent Resolution 43, also sponsored by Rep. Heath, which asks social media sites Facebook and YouTube and web marketplaces eBay and Amazon to revisit policies that some users say interfere with marketing of hemp-based products.

“Multiple industrial hemp business owners across the Commonwealth encountered an unnecessary obstruction in marketing efforts when their key marketing platforms, such as Facebook, unpublished their web pages” even through production and marketing of industrial hemp and hemp products are legal, the resolution states.

If passed by both chambers and signed by the governor, HCR 43 would formally request that the four internet companies “quickly reexamine their policies relating to industrial hemp businesses.”

Both pieces of legislation now go to the full House for consideration.

–END–

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Veterans Medical Marijuana Access Legislation Introduced In House and Senate

Today, Senator Brian Schatz (D-HI) and Representative Barbara Lee (D-CA) introduced legislation, The Veterans Medical Marijuana Safe Harbor Act, to expand and facilitate medical cannabis access to military veterans suffering from chronic pain, PTSD, and other serious medical conditions.

Under existing regulations, VA doctors are not permitted to fill out the mandatory paperwork necessary to recommend cannabis therapy in those 33 states that regulate it. Passage of The Veterans Medical Marijuana Safe Harbor Act ends this discrimination against veterans and prevents sanctions against VA doctors who wish to recommend medical cannabis treatment to their patients.

Click here to send a message to your federal lawmakers now!

“The Veterans Medical Marijuana Safe Harbor Act would provide crucial medical and civil protections for the men and women who put their lives on the line to serve this country. It is unconscionable that these brave individuals who protect our nation’s freedoms would be treated as criminals when they return home just for treating their medical ailments with a safe and effective option,” said Justin Strekal, NORML Political Director. “We applaud and appreciate the leadership by Senator Schatz and Rep. Lee in putting forward this legislation.”

“Historically, veteran and military communities have long been at the forefront of American social change, catalyzing the widespread acceptance of evolving cultural norms and perceptions surrounding racial, gender, and sexual equality. The therapeutic use of cannabis by veterans follows this trend and members of Congress should follow their lead and pass the Veterans Medical Marijuana Safe Harbor Act,” Strekal concluded.

“In 33 states, doctors and their patients have the option to use medical marijuana to manage pain—unless those doctors work for the VA and their patients are veterans,” Senator Schatz said. “This bill gives VA doctors in these states the option to prescribe medical marijuana to veterans, and it also promises to shed light on how medical marijuana can help with the nation’s opioid epidemic.”

“As the daughter of a veteran, I am committed to ensuring that our veterans have access to the quality and comprehensive medical care they deserve – including medical marijuana. The current federal prohibitions on cannabis are unnecessary, harmful, and counterproductive,” said Congresswoman Lee. “The federal government should never stand between our veterans and their medicine. This critical legislation is a long overdue step to empower veterans and their doctors to make informed health care decisions, without political interference.”

You can read NORML’s Fact Sheet on Marijuana and Veterans Issues HERE.

A copy of the bill is available here.

A recent American Legion poll found that nearly one in four veterans use marijuana to alleviate a medical condition. A 2017 review of over 10,000 studies by the National Academy of Sciences concluded, “There is conclusive or substantial evidence that cannabis and cannabinoids are effective for the treatment for chronic pain in adults.”

Send a message to your federal lawmakers in support of the Veterans Medical Marijuana Safe Harbor Act by clicking here now.

NORML Blog, Marijuana Law Reform

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The State of Cannabis Reform in Indiana

During the 2018 legislative session, state representative Jim Lucas (R-69) introduced his first medical cannabis bill, HB 1106, which quickly gained three co-authors after being assigned to the House Public Health committee. Fellow Republican Sean Eberhart (district 57) joined Lucas along with Democrats Sue Errington (district 34) and Chuck Moseley (district 10) on the bill, offering bipartisan for the reform.

Citing the short session and limited time for hearings, public health chairwoman Representative Cindy Kirchhofer (R-89) opted instead to hold a hearing for House Resolution 2, authored by Representative Math Lehman (R-79) along with co-authors including herself, Representative Chris Judy (R-83), and Representative Vanessa Summers (D-99), which called for the legislative council to assign the topic of medical marijuana to the interim Public Health committee as well as requesting that the federal government remove cannabis from the Schedule I category in the Controlled Substances Act. Lehman’s interest in advancing the conversation originates in part from his friendship with his mentor and former state representative Tom Knollman, who refuses opioids in the treatment of his multiple sclerosis and is an advocate for legalizing cannabis. Citing the diametric opinions involved in this topic, from individuals such as Knollman citing their personal experience of the benefit on one hand to law enforcement and other organizations warning against going down the route of legalization on the other, Lehman explained that he thought it was time for our state to begin looking into the evidence as well as the experiences of other states and the overall impact on society.

HR 2 passed out of committee and was adopted by the House in a unanimous 94-0 vote, leading to the interim Public Health hearing that took place on October 18th of 2018. Numerous individuals testified in favor, including I.U. oncologist Dr. Alan Greenspan, Illinois state representative Tim Butler, as well as Marshall county prosecutor Nelson Chipman, who testified in a break from the official stance of the Indiana Prosecuting Attorney Council (IPAC), an organization that has maintained a persistent presence at hearings involving any potential legalization of cannabis including agricultural hemp and low-THC hemp extracts.

During the discussion following testimony, state senator Mark Stoops (D-40) proposed a recommendation to create a state regulatory agency or commission to asses the impact and effectiveness of various regulatory schemes for a medical cannabis program, given the evidence and potential of cannabis for a variety of conditions and the number of states that have already instituted medical cannabis programs. His original language was amended to only specifically mention conditions for which there is a high level of evidence, based on a list of evidence levels provided by lay committee member Dr. Richard Feldman, although this motion was voted down by committee members and instead a statement claiming that the committee failed to reach a consensus and recommended further study was agreed upon by the committee.

There were varying reasons for opposition to Stoops’ motion, from wanting to hear from constituents before voting in favor (Senator Vaneta Becker), to concerns about creating a new commission to evaluate regulatory options. “I am opposed to creating another government bureaucratic agency and believe that it is not taxpayer friendly,” explained state representative Steven Davvisson (R-73) to constituents in the Facebook group Concerned Taxpayers of Washington County, defending his vote against Senator Stoops’ proposed recommendation to constituents. “It doesn’t matter what the committee recommends because a bill still must be brought forward in the General Assembly and I’m sure there will be many bills addressing this topic.” True to his prediction, a record number of cannabis bills have been introduced for consideration during the 2019 session, including a total of 13 that pertain to either medical or decriminalization.

“I understand many people have concerns about this issue,” Representative Davisson added, “but ultimately any recommendation from the committee would have only been exactly that, a recommendation. It could have been accepted by the General Assembly or ignored. By not reaching a consensus on the topic neither positive or negative, it will still be open for discussion in the General Assembly.”

With what amounted to a neutral recommendation and a call for further legislative discussion, one might have thought that when the House Public Health committee convened in January for the start of the 2019 session that they might have heeded that call by scheduling a hearing for one of the several medical cannabis bills assigned to the committee. While a hearing might not lead to the passage of a bill, it would have at minimum provided the opportunity for the type of detailed discussion requested by some interim committee members.

Senator John Ruckelshaus (R-30), who served on the interim Public Health committee and is the ranking member of the Senate Health and Provider Services committee, commented on the summer study process at a Hamilton County town hall on January 26th. “I must admit that that committee was not a robust committee. It was not a committee where we really got (I’m not going to say ‘into the weeds’) into the true depth of the issue because one of the things we really didn’t get into was to study about the other states, whose doing this right, whose doing it safe. I want say from my heart with this issue that I am open to this issue because some of you know the story about my son, who is a quadriplegic. I know how families suffer, I have seen families suffer, I have seen individuals suffer, so this is very important to me and I know this is sweeping the country right now.”

While Senator Ruckelshaus was not satisfied with the breadth of the testimony at the interim hearing, the summer study process was originally billed as a comprehensive look at the issue. “Study committees are a great tool for the legislature to fully review issues. While the federal government has yet to recognize the use of medical cannabis, we plan to fully review the issue,” Representative Cindy Kirchhoffer claimed in the lead-up to the hearing. “There is no guarantee that legislation or policy changes will come from study committee, however this is a great chance for citizens to actively engage in the legislative process and share their thoughts on this complex topic.”

With the number of speakers both supportive and opposed scheduled into a several hour hearing, many speakers rushed through their presentations in order to allow time for everyone to speak. In a phone conversation, Senator Ruckelshaus explained that the type of discussion he would like to see on this issue would involve several days of hearings where legislators can really dive into the details of how other states are implementing medical programs and which ones have the best practices that could be implemented in Indiana.

“In Indiana we must do it right, we must do it safe,” Ruckelshaus stated in his final comments at the Hamilton County town hall. “So again, I am open to this concept, but we need to have more discussion.” Unfortunately, it doesn’t seem like there will be any further discussion at all this session, at least not in a manner which allows public participation or the possibility, however faint, of advancing legislation. Representative Kirchhoffer explained that in lieu of hearing any of the medical cannabis bills assigned to her committee, she wants the Senate to take up the issue this year because the Senate Democrats made medical cannabis part of their 2019 legislative priorities. The Democrats, being the minority political party, do not hold any committee chair positions and therefore do not have any further ability to advance this conversation beyond the bills they have introduced.

The fate of non-hemp cannabis in the Senate rests in the hands of two individuals: Senator Ed Charbonneau (R-5) and Senator Mike Young (R-35). Senator Charbonneau is the chair of the Health and Provider Services committee, which was assigned two cannabis bills: S 357, Karen Tallian’s bill establishing a medical cannabis program, and S 287, introduced by Senator Mark Stoops, which would create a defense-to-possession for those whose doctors certify in writing that they have a terminal illness or serious untreatable disease. Karen Tallian also filed a decriminalization bill, S 213, which was assigned to Senator Mike Young’s Corrections & Criminal Law committee.

In a recent interview with Fox59, Senator Charbonneau told reporters that he was unwilling to consider allowing use while it is still illegal under federal law, offering little hope for a hearing in his committee this year. While Tallian’s bill would offer a more complete medical program, Stoops’ bill stops short of legalizing use per se or even setting up a legal or regulated supply chain, instead merely offering a defense to possession for those with terminal or untreatable conditions. This reform would circumvent any perceived or real concerns with state legalization in spite of federal law, although Senator Charbonneau has not yet responded to any queries asking if he would consider hearing this bill.

Senator Mike Young, who authored the 2018 bill legalizing low-THC hemp extract, would not commit to a hearing for the decriminalization bill assigned to his committee, however he did make the following statement on the Indiana NORML Facebook page in response to a question about whether or not he would be willing to comment on the possibility of hearing S 213 in his committee: “Only to say that I have 70 or so bills assigned to my committee. I have only 7 possible hearing dates available and have already had three meeting totaling 13 bills heard with one carryover. Which means I only have four dates left where I can hear 12 bills of the 57 that remain.”

“He has said that he will hear certain bills as time allows,” his legislative aide, Andrianna Hji-Avgouti, stated in an email. “As of right now, he has them prioritized and that is how he chooses what to hear in committee.” It is unclear how far down the list of bills assigned to his committee that S 213 is prioritized, although this offers the slight possibility that Senator Young has at least not completely ruled out the possibility of giving it a hearing.

Meanwhile in the House, several bills offering different iterations of cannabis decriminalization have been assigned to the Corrections and Criminal Law committee chaired by Representative Wendy McNamara (R-76). Bills assigned  were introduced by both Republicans and Democrats, including Jim Lucas (HB 1283), John Young (HB 1460), Heath VanNetter and Mara Reardon (HB 1658), Ragen Hatcher (HB 1540) and Dan Forestal (HB 1658).  When Representative McNamara’s press secretary was asked if McNamara would be willing to provide a quote for this article on whether or not she planned to schedule any of these bills for a hearing, the request was responded to with a simple, “Rep. McNamara is unavailable for an interview”. While full legalization and even the implementation of a medical access program are still the source of contention in the Statehouse, considering some form of decriminalization is not completely anathema to legislators. Representative Lehman, while stating up front that he will likely never support full legalization in Indiana, said that the topic of decriminalization in some form has merit and is worth reviewing.

From outside the Statehouse, it can seem as though the issue is in a gridlock that might never be broken until it is too late for some Hoosier to access the therapeutic uses of cannabis or to avoid the criminal consequences of possession, but legislators familiar with Indiana politics behind the scenes are noting an increasing willingness to see this as a serious rather than fringe issue. “I think that there is momentum building, just not as fast as some of us would like,” Representative Shane Lindauer (R-63) told us. Lindauer is Vice Chair of the Public Health committee and co-author of Representative Lucas’ medical bill, HB 1384. “Please continue to encourage members to contact their state Representatives and Senators,” he said, offering advice on how to continue to move this issue forward. “I understand that sometimes it feels like that doesn’t get us anywhere, but I can assure you that if done respectfully, it will register.”

While the decision not to hear bills exists in a political environment that includes lack of support from Governor Holcomb, the current state of cannabis reform in Indiana and the potential progress that could be made this session rests largely on the shoulders of a few committee chairs, none of whom have thus far opted to schedule hearings for the cannabis bills assigned to their committee. 2019 might not be the year of measurable progress (although it is certainly not out of the question), but it is absolutely the year that the General Assembly becomes aware of the fact that this issue can’t be shuffled around forever without adequately addressing it.

Marijuana policy should be evidence based. Dispel the myths with the NORML Fact Sheets. Follow Indiana NORML on Facebook and Twitter and become a member today!

 

 

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S. 420 Introduced To End Federal Prohibition And Regulate Marijuana Nationwide

Senator Ron Wyden has introduced legislation in the Senate — The Marijuana Revenue and Regulation Act — to permit states to establish their own marijuana regulatory policies free from federal interference. In addition to removing marijuana from the United States Controlled Substances Act, this legislation also removes enforcement power from the US Drug Enforcement Administration in matters concerning marijuana possession, production, and sales — thus permitting state governments to regulate these activities as they see fit.

Click here to send a message to your lawmakers in support of Senate Bill 420 now!

“Senate Bill 420 is another sign that the growing public support for ending our failed war on cannabis consumers nationwide is continuing to translate into political support amongst federal officials,” said NORML Political Director Justin Strekal. “If we are truly going to move our nation towards sensible marijuana policies, the removal of marijuana from the Controlled Substances Act is paramount. Annually, 650,000 Americans are arrested for nothing more than the possession of small amounts of marijuana and now is the time for Congress to once and for all end put an end to the national embarrassment that is cannabis prohibition. With marijuana legalization being supported by a supermajority of Americans while Congress’ approval rating hovers around 20 percent, ending our country’s disastrous prohibition against marijuana would not just be good policy, but good politics.”

Upon introduction, Senator Wyden said, “The federal prohibition of marijuana is wrong, plain and simple. Too many lives have been wasted, and too many economic opportunities have been missed. It’s time Congress make the changes Oregonians and Americans across the country are demanding.”

Representative Earl Blumenauer, who will carry the House companion legislation, said, “Oregon has been and continues to be a leader in commonsense marijuana policies and the federal government must catch up,” said Blumenauer. “The American people have elected the most pro-cannabis Congress in American history and significant pieces of legislation are being introduced. The House is doing its work and with the help of Senator Wyden’s leadership in the Senate, we will break through.”

Legislative text for the Marijuana Revenue and Regulation Act can be found here.

Thirty-three states, Washington, D.C. and the U.S. territories of Guam and Puerto Rico have enacted legislation specific to the physician-authorized use of cannabis. Moreover, an estimated 73 million Americans now reside in the ten states where anyone over the age of 21 may possess cannabis legally. An additional fifteen states have passed laws specific to the possession of cannabidiol (CBD) oil for therapeutic purposes.

Sixty-eight percent of registered voters “support the legalization of marijuana,” according to national polling data compiled by the Center for American Progress. The percentage is the highest level of support for legalization ever reported in a nationwide, scientific poll.

Majorities of Democrats (77 percent), Independents (62 percent), and Republicans (57 percent) back legalization. The results of a 2017 nationwide Gallup poll similarly found majority support among all three groups.

To date, these statewide regulatory programs are operating largely as voters and politicians intended. The enactment of these policies have not negatively impacted workplace safety, crime rates, traffic safety, or youth use patterns. Instead, they have stimulated economic development and created hundreds of millions of dollars in new tax revenue.

Specifically, a 2017 report estimates that over 149,000 Americans are now working full-time in the cannabis industry. Tax revenues from states like Colorado, Oregon, and Washington now exceed initial projections. Further, numerous studies have identified an association between cannabis access and lower rates of opioid use, abuse, hospitalizations, and mortality.

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Weekly Legislative Roundup 2/8/19

Legalize MarijuanaWelcome to the latest edition of NORML’s Weekly Legislative Roundup!

This week, U.S. Senator Ron Wyden introduced legislation in the Senate — The Marijuana Revenue and Regulation Act — to permit states to establish their own marijuana regulatory policies free from federal interference.

A subcommittee of the U.S. House Financial Services Committee is scheduled to hold a hearing on cannabis business banking issues next week.

At the state level, activists in Texas, Maryland, and Kentucky gathered in their state capitols alongside state and local NORML chapters to lobby for sensible marijuana policy reform legislation.

Activists in Mississippi have already collected thousands of signatures in hopes of qualifying a medical cannabis ballot initiative for the 2020 ballot.

A Georgia bill to reduce marijuana possession penalties was defeated in a senate committee this week. So was a Mississippi medical cannabis proposal.

At a more local level, efforts are underway in Ann Arbor, Michigan to put a cannabis social use question before voters on the 2020 ballot. Clark County, Nevada officials deferred consideration of a proposal to allow social cannabis lounges in the county.

Following are the bills that we’ve tracked this week and as always, check NORML’s Action Center for legislation pending in your state.

Don’t forget to sign up for our email list, and we will keep you posted as these bills and more move through your home state legislature and U.S. Congress. Another great way to stay up to date is Marijuana Moment’s daily newsletter, which you can subscribe to HERE.

Your Highness,
Carly

Actions to Take

Federal

Regulate Nationally: The Regulate Marijuana Like Alcohol Act of 2019 (HR 420) seeks to deschedule cannabis from the Controlled Substances Act, thus permitting state governments to regulate these activities as they see fit.

Click here to email your Representative and urge them to support this important legislation

Arizona

Legislation is pending, House Bill 2362, to allow those with certain past cannabis-related arrests or convictions to petition the court to have their records expunged.

AZ resident? Click here to email your lawmakers in support of expungement

Legislation is pending, House Bill 2400, to provide courts the discretion to depart from the mandatory minimum sentence for those convicted of certain crimes.

Under existing state law, marijuana possession (of two pounds or less) carries a mandatory minimum sentence of four months in jail and/or a $ 1,000 fine.

AZ resident? Click here to email your lawmakers in support of removing mandatory minimum sentences

Colorado

Senate Bill 19-013 would permit physicians to recommend cannabis therapy for any condition for which an opiate would otherwise be prescribed.

Update: The Senate Health & Human Services committee recommended the bill be passed with amendments on 2/6. The bill will now go to the Senate floor for consideration by the full chamber.

House Bill 19-1028 would permit physicians to recommend cannabis therapy to those diagnosed with an autism spectrum disorder.

Update: The bill was approved unanimously by the full House, and will now be transmitted to the Senate.

CO resident? Click here to email your lawmakers in support of medical expansion

 

Connecticut

Legislation is pending, Proposed Bill 350, to limit patients who use medical cannabis in compliance with state law from seeking civil actions if they are discriminated against by their employer. NORML opposes this legislation.

CT resident? Click here to email your lawmakers in opposition to restricting patients’ employment rights

Legislation is pending, House Bill 5442, to expand the pool of individuals eligible for medical cannabis by allowing physicians to recommend it to those with generalized chronic pain.

Update: HB 5442 is scheduled for a hearing in the Joint Committee on Public Health on 2/11.

CT resident? Click here to email your lawmakers in support of medical expansion

Legislation is pending, Senate Bill 45, to permit physicians to recommend cannabis therapy to those struggling with opioid withdrawal.

Update: SB 45 was heard by the Joint Committee on Public Health on 2/4, but no action was taken on the bill.

CT resident? Click here to email your lawmakers in support of cannabis as a substitute for opioids

Florida

Legislation is pending, Senate Bill 182, to re-legalize the inhalation of herbal cannabis formulations for medical purposes.

Update: SB 182 was approved by the Health Policy Committee on 2/6 with some more restrictive amendments, of which include requiring patients to get a second opinion from an unrelated physician in order to be authorized to smoke medical cannabis. The bill is scheduled for a hearing in the Innovation, Industry, and Technology Committee on 2/12/19 at 4:00 pm, 110 Senate Building.

FL resident? Click here to email your lawmakers and urge them to pass a bill without arbitrary restrictions

Democratic State Senator Bill Montford re-introduced Senate Bill 384, which would allow qualified patients to be administered medical marijuana in schools.

FL resident? Click here to email your lawmakers in support of medical cannabis access in school

Hawaii

Legislation is pending, House Bill 708 / Senate Bill 686, to legalize the use, possession, cultivation, and retail sale of small amounts of marijuana for adults.

Update: SB 686 was unanimously approved by the Judiciary Committee on 2/7.

HI resident? Click here to email your lawmakers in support of legalization

Legislation is pending, House Bill 673 / Senate Bill 1430, to expand medical cannabis access.

The proposed changes:

  • Expands the pool of medical professionals who are eligible to recommend medical cannabis by permitting physician assistants to issue recommendations to their patients;
  • Allows licensed dispensaries to possess up to two additional manufacturing or processing facilities separate from their production facilities; and
  • Allows licensed dispensaries to sell edible cannabis and cannabidiol products

Update: HB 673 was approved by the Committees on Health on 2/8, and now awaits action from the Judiciary Committee.

HI resident? Click here to email your lawmakers in support of medical expansion

Legislation is pending, Senate Bill 1524, to protect registered medical cannabis patients from employment discrimination.

The measure would prohibit employers from arbitrarily discriminating against employees who legally consume medical cannabis off-the-job in accordance with state law.

Update: The Committee on Labor, Culture, and Arts approved SB 1524 on 2/6

HI resident? Click here to email your lawmakers in support of employment protections

Iowa

Legislation is pending, SF 104 / HF 221, to expand Iowa’s narrow medical cannabidiol (CBD) law.

If passed, this bill would establish a comprehensive medical cannabis program that provides qualified patients access to physician-authorized medical cannabis via licensed providers.

IA resident? Click here to email your lawmakers in support of medical access

Indiana

Legislation is pending to decriminalize the possession of small amounts of marijuana.

House Bill 1540 would impose a class C infraction for the possession of up to 10 grams of marijuana, which translates to a civil penalty punishable by a fine between $ 100 and $ 200.

Separately, House Bill 1283 would impose a class D infraction for the possession of up to 30 grams of marijuana, which translates to a civil penalty punishable by a fine of up to $ 25.

A third measure, House Bill 1658, would decriminalize the possession of up to two ounces of marijuana.

IN resident? Click here to email your lawmakers in support of decriminalization

Kentucky

State Sen. Jimmy Higdon introduced Senate Bill 82 / House Bill 265, to decriminalize the possession of small amounts of marijuana.

The measure would impose a civil penalty for any “personal use quantity”of cannabis, punishable by a $ 100 fine.

KY resident? Click here to email your lawmakers in support of decriminalization

Maryland

Legislation is pending to legalize and regulate adult marijuana use in Maryland.

House Bill 656 would permit adults 21 and over to possess up to one ounce of marijuana and to cultivate up to four marijuana plants in their home.

House Bill 632 would amend the state’s constitution by putting a question before voters on the 2020 ballot regarding whether or not the state should regulate marijuana sales. If approved by voters, adults 21 and over would be allowed to possess up to one ounce of marijuana and cultivate up to six marijuana plants in their home.

MD resident? Click here to email your lawmakers in support of legalization

Legislation is pending, Senate Bill 862, to protect state-sanctioned medical cannabis patients and their caregivers from housing discrimination.

The measure would prohibit landlords from arbitrarily refusing to provide housing access to an individual based solely on their possession or consumption of medical cannabis.

MD resident? Click here to email your lawmakers in support of housing protections

Legislation is pending, Senate Bill 864, to protect registered medical cannabis patients and their caregivers from employment discrimination.

If passed, this measure would prohibit employers from arbitrarily discriminating against qualifying patients who legally consume cannabis off-the-job.

MD resident? Click here to email your lawmakers in support of employment protections

New Hampshire

Legislation is pending, House Bill 481, to allow for the use, possession, and retail sale of marijuana by adults.

The pending measure permits adults 21 and over to possess up to one ounce of marijuana and/or up to five grams of concentrate, and to grow up to six marijuana plants. The bill would also establish a Cannabis Control Commission to oversee the regulated market.

Update: The bill is scheduled for a full Committee Work Session on 2/12/2019 at 10:00am in LOB 204

NH resident? Click here to email your lawmakers in support of legalization

New Mexico

Legislation is pending, House Bill 356, to permit the use, possession, and retail sale of cannabis for adults 21 and over.

NM resident? Click here to email your lawmakers in support of legalization

Oregon

Legislation is pending, Senate Bill 420, to expand upon Oregon’s expungement law.

The measure would direct the Department of Justice to automatically conduct a review of past misdemeanor cannabis convictions, and to “set aside” offenses that are no longer a crime under state law.

OR resident? Click here to email your lawmakers in support of automatic expungement

Legislation is pending, House Bill 2687, to protect medical cannabis patients who require organ transplants from being deprived treatment solely due to their status as a medical cannabis patient.

OR resident? Click here to email your lawmakers in support of protections for patients needing organ transplants

Rhode Island

Legislation is pending, H. 5290, to protect registered medical cannabis patients from employment discrimination.

The measure would prohibit employers from arbitrarily discriminating against employees who legally consume medical cannabis off-the-job in accordance with state law.

RI resident? Click here to email your lawmakers in support of employment protections

Tennessee

Legislation is pending, SB 256/HB 235, to decriminalize the possession small amounts of marijuana in Tennessee.

The measure would decriminalize criminal penalties for the possession of up to one ounce of marijuana.

TN resident? Click here to email your lawmakers in support of decriminalization

Legislation is pending, SB 486/HB 637, to provide qualifying patients access to medical cannabis via licensed retailers.

The measure would allow registered patients to use, possess, and consume medical cannabis for therapeutic purposes.

TN resident? Click here to email your lawmakers in support of medical cannabis access

Legislation is pending, HB 883/SB 686, to allow individuals convicted of certain cannabis-related offenses, upon the completion of their sentence, to petition the court to have their records sealed.

TN resident? Click here to email your lawmakers in support of record sealing

Virginia

Legislation is pending, Senate Bill 1557, to expand the state’s low-THC medical cannabis oil program.

The measure would allow Virginia’s licensed practitioners to recommend and pharmaceutical processors to dispense full therapeutic-strength medical cannabis oil. The bill was already approved by the Senate.

Update: SB 1557 was approved by a subcommittee of the House Committee on Health, Welfare and Institutions on 2/7.

VA resident? Click here to email your lawmakers in support of medical expansion

Legislation is pending, Senate Bill 1719, to allow “registered agents” for those patients physically unable to pick up or receive delivery of their medical cannabis, like those in hospice, assisted living facilities and those who rely on home healthcare providers. The bill was already approved by the Senate.

Update: SB 1719 was approved by a subcommittee of the House Committee on Health, Welfare and Institutions on 2/7.

VA resident? Click here to email your lawmakers in support of allowing registered agents

Wyoming

Legislation is pending, House Bill 278, to regulate medical marijuana access to qualified patients.

The measure would allow state-registered patients who possess a recommendation from their physician to use, possess, and access medical cannabis via licensed providers.

WY resident? Click here to email your lawmakers in support of medical cannabis access

That’s all for this week!

NORML Blog, Marijuana Law Reform

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