Pot Smoking Ban Takes Effect In Amsterdam’s Red Light District

A new era kicked off in Amsterdam’s Red Light District on Thursday, with a ban on smoking cannabis on the streets officially taking effect.

The ban is part of a city-wide effort, pushed by Mayor Femke Halsema, to make the famous area more hospitable to its residents and workers.

According to Reuters, signs “were posted in the canal-lined neighbourhood known for its brothels, sex clubs and marijuana cafes, which attract millions of tourists a year, but are a nuisance to residents.”

Those found in violation of the new law will face a €100 (or about $110) fine.

The law was proposed earlier this year by the Amsterdam city council.

“Residents of the old town suffer a lot from mass tourism and alcohol and drug abuse in the streets. Tourists also attract street dealers who in turn cause crime and insecurity. The atmosphere can get grim especially at night. People who are under the influence hang around for a long time. Residents cannot sleep well and the neighborhood becomes unsafe and unlivable,” the city council said in a statement at the time.

“A smoking ban on the street should reduce nuisance. We are also looking at a pick-up ban at certain times for soft drugs. If the nuisance does not decrease enough, we will investigate whether we can ban smoking on terraces at coffee shops,” the council added.

The city council gave final approval to the proposal earlier this month, setting the stage for Thursday.

According to Reuters, people “will still be allowed to smoke inside and on the terraces of coffee shops selling marijuana and hash in the district and other parts of the city.” 

The pot smoking ban is part of an effort led by Halsema, Amsterdam’s first female mayor, to improve conditions in the Red Light District. 

CNN reported in 2019 that Halsema had “presented four options aimed at protecting sex workers from degrading conditions, tackling crime, and reducing the impact of tourism in Amsterdam’s De Wallen red-light district.” 

“Four scenarios have been proposed for discussion including closing the curtains on the windows so sex workers can’t be seen from the street, fewer window-style rooms, moving the brothels to new locations elsewhere in Amsterdam and the possibility of a sex worker “hotel” being created,” according to CNN. The plans aim to protect sex workers from gawking tourists and their camera phones, and also to combat a rise in abuses such as human trafficking. The four proposals will be discussed with sex workers, residents and businesses in July, before being taken to the city council in September. The plans will ultimately be developed into a new policy on sex work, the mayor’s office confirmed.”

The Red Light District, known locally in Amsterdam as the De Wallen neighborhood, has long been a popular destination for tourists visiting the city. 

CNN reported earlier this year that it is “estimated that about 10% to 15% of Amsterdam’s tourist industry is based in the red light district.”

“City officials want the De Wallen neighborhood, as the district is known in Dutch, to draw visitors who can appreciate its unique heritage, architecture and culture rather than sex and drugs,” CNN reported at the time. Over the past few years, there have been multiple initiatives to reduce the impact of mass tourism and nuisance visitors, and to revamp the area’s image.

In 2020, guided tours were prohibited from passing sex workers’ windows, and there was talk of moving the window brothels to a neighborhood outside of the city center—conversations that continue to this day.”

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Colorado Governor Signs Psychedelics Bill

Colorado Gov. Jared Polis signed a bill into law on May 23 that established a regulatory framework for psychedelic substances. 

SB23-290, also called Natural Medicine Regulation and Legalization, was signed just a few weeks after it was approved in the Senate with House amendments. The bill was sponsored by Sen. Steven Fenberg and Rep. Judy Amabile, and is set to take effect starting on July 1.

The Colorado Times Recorder spoke with Tasia Poinsatte, director of the Healing Advocacy Fund of Colorado, last month about the bill’s potential. “Our state is facing a mental health crisis, and our current system has been unable to meet the needs of those who are struggling, including the many veterans in our state who are at a high risk of suicide,” said Poinsatte. “Colorado voters agreed with the passage of Prop. 122 that we need to open new, innovative pathways to healing for those who are struggling with mental health conditions.”

The law doesn’t place limitations on personal possession for any psychedelic substance, ranging from dimethyltryptamine (DMT), mescaline, ibogaine, psilocybin, or psilocin. Psilocybin and psilocin will be administered at “healing centers,” but it does allow other substances to be added later.

The bill also states that anyone under 21 who possesses or consumes a natural medicine product will only be subject to a fine of $100 or less, and a maximum of four hours of “substance use education or counseling.” More than one offense results in the same fine and education requirement, with an added 24 hours of “useful public service.”

The cultivation of natural medicine is permitted if it’s happening on a person’s private property within a 12-by-12-foot space. However, anyone who is not licensed and “knowingly manufactures [a] natural medicine product using an inherently hazardous substance” is committing a level 2 drug felony. An “inherently hazardous substance” refers to solvents such as butane, propane, and diethyl ether.

The bill also includes protections for consumers, stating that a person using a natural medicine doesn’t solely constitute as child abuse or neglect, is not grounds for being denied health coverage, doesn’t disqualify a person to be discriminated against if they’re eligible for organ donation, and “must not be considered for public assistance benefits eligibility.”

A person with a natural medicine conviction is also eligible to have the conviction record sealed “immediately after the later date of final disposition or release from supervision.”

The bill calls for the creation of a natural medicine advisory board to examine “issues related to natural medicine and natural medicine product, and making recommendations to the director of the division of professions and occupations and the executive director of the state licensing authority.” It also requires the creation of a division of natural medicine to be established within the department of revenue to regulate licensing for “cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of natural medicine or natural medicine product between natural medicine licensees.”

Colorado voters passed Proposition 122, also referred to as the Natural Medicine Health Act, by 52.64% last November to decriminalize psychedelics. “This is a historic moment for both the people of Colorado and our country,” said Natural Medicine Colorado coalition director Kevin Matthews. “I think this demonstrates that voters here in Colorado are ready for new options and another choice for healing, especially when it comes to their mental and behavioral health.”

The initiative took effect in December 2022. “Coloradans voted last November and participated in our democracy,” said Polis. “Officially validating the results of the citizen and referred initiatives is the next formal step in our work to follow the will of the voters and implement these voter-approved measures.”

Coverage from Westword shows that advocates aren’t happy with the law, stating that it’s too restrictive. According to sponsor Amabile, the bill is solid but won’t make everyone happy. “My takeaway from the testimony is that ballot measure 122 is controversial,” Amabile said at a meeting in late April. “It has a lot of aspects that some people like. It has aspects that the people who like some parts of it don’t like. It has parts that nobody likes.”

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Pennsylvania House Members Introduce Bill To Protect Medical Cannabis Users From DUIs

If a bill passes in Pennsylvania, medical cannabis patients will no longer be at risk of being charged with a DUI just because drug tests show the presence of THC in their system, the Pittsburgh Post-Gazette reports. However, that doesn’t mean you can drive while impaired if you have a card, nor does it apply to anyone who uses cannabis without a medical card. 

Rather, the introduced legislation attempts to address a long-standing problem since cannabis legalization. As many readers know, THC can show up in your urine 30 days after you consume it and up to 90 days for heavier users. Therefore, arresting people for DUIs because their drug test shows the presence of THC would be like issuing out DUIs to a driver who hasn’t had a drink in a month. The bias in drug testing against cannabis, one of the safest drugs, doesn’t only come up regarding alcohol. Cocaine leaves your urine after about three days, as does heroin. Meth can hang around for six days. When a person fails a drug test for any reason, it’s often just because they smoked some weed. 

We know that cannabis is generally safe to consume, and a recent Canadian study even found that weed legalization does not lead to more car crashes. However, it’s understandable that folks are concerned about impaired drivers. But, under current Pennsylvania law, police can charge drivers with a DUI when marijuana use is detected, regardless of the level of impairment or time of consumption. 

“In 2016, the PA General Assembly voted to legalize medicinal use of cannabis. Sadly, the legislature failed to provide these patients the same privileges afforded to others who have legal prescriptions for a scheduled medication,” reads a cosponsor and bipartite memo from Rep. Chris Rabb, D-Philadelphia, and Rep. Aaron Kaufer, R-Luzerne. “Medicinal cannabis patients regularly contact our offices concerned that state law makes it illegal for them to drive,” they continue. 

Currently (and thankfully), Pennsylvania is an outlier and only one of a handful of states which have zero tolerance for controlled substances. Thirty-three states (even somewhere cannabis is still mostly outlawed) require proof of actual impairment at the time of being pulled over. Last session, Pennsylvania representatives introduced similar legislation but got stuck in the government’s quicksand and didn’t make it out of the Transportation Committee. Additional attempts to solve this issue arose in the state Senate. The Senate Transportation Committee approved Senate Bill 167 last June. However (more government quicksand) the bill didn’t even get a vote in the full Senate before the 2021-22 legislative session closed.

“During a Senate Transportation Committee meeting last September, representatives of the Pennsylvania State Police testified that the bill would not adversely impact their mission to keep the highways and byways of the Commonwealth free of impaired drivers,” Sen. Camera Bartolotta, R-Washington, the prime sponsor of SB 167, said in a statement at the time of that committee vote, the Pittsburgh Post-Gazette reports. Considering more than 425,000 Pennsylvania residents have active patient certifications allowing them to use medical marijuana in Pennsylvania, let’s hope this issue resolves sooner rather than later. 

Reasonable Pennsylvania officials are currently trying to make cannabis laws more rational in other ways. Sen. Mike Regan, R-Cumberland, and Sen. James Brewster, D-McKeesport announced plans earlier this year for legislation allowing doctors to certify patients to use medical cannabis for any condition rather than the state’s current limited medical list. On a map of which states have legalized adult-use, Pennsylvania sticks out like a sore thumb that hasn’t.

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Minnesota Senate Casts Final Votes To Legalize Adult-Use Cannabis

Early Saturday, the Minnesota Senate voted in favor of legalizing adult-use cannabis. The bill has been passed to the desk of Democratic Gov. Tim Walz for final approval.

The bill allows Minnesota residents 21 and older to purchase up to two ounces of cannabis flower, eight grams of concentrate, and 800 milligrams worth of edible products at a time. And it isn’t confined to their homes. Adults can possess those amounts while in public. However, within the comfort of their own home, residents 21 years old and older can grow up to eight cannabis plants at one time, although, in ever-particular marijuana laws, only four of those eight plants are allowed to be mature and flowering at one time. The tax rate for cannabis products will be 10 percent.

The Minnesota House approved the bill last Thursday.

The Democrats are already celebrating the victory. “The day has finally arrived. Today is the day that we are going to vote here in the House for the last time to legalize cannabis and bring the change that many Minnesotans have wanted for a very long time,” says state Democrat Rep. Zack Stephenson, the Coon Rapids representative who sponsored the bill. 

Even some Republicans see the bill’s benefit, making Minnesota the 23rd state in the U.S. to legalize adult-use cannabis and the 11th state to allow home-growing. Republican Rep. Nolan West of Blaine, Minnesota, says he’s glad they included the GOP in the conference committee that finalized the bill. “While it’s not the perfect bill, it is much better than when it [first] left the House,” West says, who voted in favor of it. However, he adds that he was happy that cities could limit the number of cannabis retailers, which is good news for the black market, and intimidating news for those looking to enter the legal market, which due to taxes, red tape, and banking restrictions among other issues, is becoming harder and harder to turn a profit in. 

However, not all Minnesota Republicans are so accepting. For instance, Republican Rep. Jeff Backer of Browns Valley made it clear that he’s against the provision allowing people to possess two pounds of cannabis flower in their homes. (Most states that have legalized adult-use cannabis have at-home possession limits that are much lower. For instance, in California, you can only have one ounce of dried cannabis flower.) “Folks, that’s 2,724 joints. That is going to get in the hands of the kids,” Backer says, an opponent who voted against the measure. “If we do not protect our next generation, kids, then why are we here?” 

Republicans also expressed concern about more people driving under the influence of cannabis, even though a recent Canadian study found that legalizing marijuana does not lead to an uptick in car crashes. 

If the bill passes, it automatically expunges misdemeanor marijuana convictions and creates a committee considering expunging felony-level cannabis offenses. But, according to the state’s Bureau of Criminal Apprehension, it could take the agency up to a year to erase all of the misdemeanor records, so those most affected by the War on Drugs can’t break out their legal joints and celebrate just yet. Additionally, it could take up to a year or even longer before Minnesota sees any legal dispensaries up and running. Should the bill pass, there will also be a new state agency, the Office of Cannabis Management, which will oversee licensing of both adult-use and medical cannabis, in addition to hemp-derived products already legal in the state. 

However, starting August 1st, Minnesota will decriminalize cannabis possession, legalize home-growing, and begin expunging past marijuana convictions.

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Tennessee Governor Signs Bill to Regulate Delta-8 THC

While medical and adult-use cannabis remain illegal in Tennessee, it’s pretty easy to find hemp-derived delta-8 THC products that are marketed as psychoactive including vape carts and dabs. But a new bill will regulate delta-8 THC products for adults 21 and over with testing and tax requirements.

State House Majority Leader William Lamberth (R-Portland) and Sen. Richard Briggs, (R-Knoxville) introduced a bill on Jan. 25 to regulate products containing hemp-derived cannabinoids, such as delta-8 and delta-10 THC, the second time such a bill was introduced.

Gov. Bill Lee (R-Tennessee) signed the bill to regulate delta-8 THC products in a similar manner to cannabis products. Senate Bill 0378 and its companion bill in the lower chamber House Bill 0403 will implement a tax and regulate cannabinoids derived from hemp via what some describe as synthetic processes. 

The bill will ensure that delta-8 THC products and other hemp-derived products are inspected by the Department of Agriculture.

While in the wild, cannabis has trace levels of delta-8 THC, in order to get high from the compound, “high levels of delta-8 THC are produced artificially by chemically converting CBD or delta-9 THC through a process known as isomerization,” NORML’s Dale Gieringer explains

Often the concern is potentially dangerous residuals that could be avoided if the products are regulated in a similar manner as products made with cannabis-derived cannabinoids.

“Delta-8’s been completely unregulated up to this point, and what the bill is trying to do is trying to assure the public and the consumer that the product they’re buying is what it says it is, that it doesn’t have contaminants,” Sen. Briggs said. “We’re not going to sell it to people under 21 years of age.”

“We started off to where we have one side that says, ‘Let’s do nothing.’ You have the other side that says to ban it,” Sen. Briggs said. “By working together, we were able to meet in the middle.”

Brigg’s co-sponsor simply wanted delta-8 THC products to be out of reach for minors.

“Delta-8 is a legal substance that can be sold and packaged in the form of candy or gummies; it often has a very high concentration of THC,” Rep. Lamberth stated. “There are no regulations and no legitimate way for anyone to know exactly what they are buying. Nothing in our current law prohibits a child from purchasing delta-8.”

New Rules for Hemp-Derived Cannabinoids in Tennessee

The bill will ban the sale of hemp-derived cannabinoid products to people under the age of 21; add a 5% additional sales tax to any product sold at a store; and create a licensing, quality testing, regulatory, and enforcement process through the Tennessee Department of Agriculture.

The bill will establish regulations to ensure inspection and packaging requirements. Companies will be subject to testing from a third-party lab and be required to put their product in child-resistant packaging.

“Basic food-grade things,” Devin Aracena, co-founder and CEO of CANVAST Supply Co., told WKRN. “The same standard you would want to see your packaged food in a grocery store be held to, we’re going to hold these products to it, as well.”

Some hemp sellers in the state support the new law.

Aracena joined forces with Cultivate Tennessee, a coalition of cannabis and hemp-promoting businesses and professionals, to help draft the legislation.

Tennessee House Rep. G.A. Hardaway is a sponsor of the bill on the House side, and told ABC 24 that this is what hemp companies need to do if they want to be taken seriously.

“This gives us a chance to take a serious approach to hemp and CBD oil, and in doing so, to kind of get our foot in the door to start a real discussion—[an] intelligent discussion—about marijuana,” Hardaway said.

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Singapore Hangs Second Man in Three Weeks on Cannabis-Related Charges

For the second time in three weeks, Singapore officials executed a man by hanging for a nonviolent cannabis-related charge in what critics are calling a “killing spree.”

A Malay man in Singapore, 37, whose family asked for him not to be named, was executed at Changi Prison Complex in the eastern part of the city for allegedly trafficking 1.5 kilograms (3.3 pounds) of cannabis. That would be considered a commercial delivery in one of the U.S. legal markets.

He was executed despite a last-minute attempt to appeal his case, which was rejected by the court without a hearing. Al Jazeera reports that ​​Singapore officials hanged 11 people last year—all for drug-related charges—after a brief pause of killing during the COVID pandemic.

Just over one pound of pot warrants a death sentence: Under Singapore’s abnormally strict drug laws, trafficking more than 500 grams (1.1 pounds) of cannabis can result in the death penalty. “Drug traffickers are less likely to traffic drugs and reduce the amount of drugs trafficked if they are aware of the penalties involved,” the Singapore Ministry of Home Affairs (MHA) claims, referring to its use of capital punishment by hanging. 

Kokila Annamalai of the Transformative Justice Collective said was convicted in 2019 of trafficking about 1.5 kilograms of cannabis.

“If we don’t come together to stop it, we fear that this killing spree will continue in the weeks and months to come,” Annamalai told The Associated Press.

According to the man, authorities lied about the amount of cannabis involved, and that it was actually a smaller amount than they claimed. The man appealed to reopen the case, based on DNA evidence and fingerprints that linked him to a much smaller amount of pot—which he admitted to possessing—but the court rejected it.

Tangaraju Suppiah, 46, was executed at dawn on April 26, rejecting a growing number of anti-death penalty campaigners to end the country’s cruel use of capital punishment.

Tangaraju was originally sentenced to death on October 9, 2018 for attempting to traffic more than 1 kilogram of cannabis to Singapore. He was originally detained in 2014 for drug consumption and failure to report for a drug test. 

Tangaraju was also held at Singapore’s Changi Prison Complex.

British billionaire Sir Richard Branson, a long opponent of the death penalty, and a group of world leaders called for action for what they describe as a disturbing case of what may be an innocent man.

The hanging took place in a country that canes people for tagging walls with punishments much harsher than you’d see in the U.S.

Nagaenthran Dharmalingam, a Malaysian with learning disabilities, was executed on a drug charge last year, but his case prompted protests, which is a rarity in Singapore. Through the years, Singapore has dealt with “Malayophobia,” another factor that complicates cases such as this.

In a report in March, Harm Reduction International (HRI) found that despite a worldwide shift towards abolishing capital punishment, there were at least 285 executions for drug-related charges last year, more than double the number the year prior.

Singapore isn’t the only country employing medieval punishments for drugs. HRI reminds readers that China, Vietnam, and North Korea also execute people for nonviolent drug charges.

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Ban on Outdoor Pot Smoking in Amsterdam’s Red Light District To Begin This Month

A new ordinance banning cannabis use on the streets in Amsterdam’s Red Light District is slated to take effect later this month. 

The ban, officially approved by Amsterdam’s city council last week, will “come into effect from May 25 and will be enforced by police and local officials,” according to Bloomberg, which noted that violation of the new law will result in a €100 (or $109) fine.

The law was offered up by the Amsterdam city council in February, with local officials decrying the “nuisance” and “grim” atmosphere of the famous district at night.

“Residents of the old town suffer a lot from mass tourism and alcohol and drug abuse in the streets. Tourists also attract street dealers who in turn cause crime and insecurity. The atmosphere can get grim especially at night. People who are under the influence hang around for a long time. Residents cannot sleep well and the neighborhood becomes unsafe and unlivable,” the city council said in a statement at the time.

“A smoking ban on the street should reduce nuisance. We are also looking at a pick-up ban at certain times for soft drugs. If the nuisance does not decrease enough, we will investigate whether we can ban smoking on terraces at coffee shops,” the council continued.

CNN reported at the time that if the outdoor smoking ban failed to achieve the desired results, the “municipality said it would also consider banning take-out purchases of soft drugs at certain times, and banning smoking marijuana at coffee shops’ outdoor seating areas.”

“It is estimated that about 10% to 15% of Amsterdam’s tourist industry is based in the red light district,” according to CNN. “City officials want the De Wallen neighborhood, as the district is known in Dutch, to draw visitors who can appreciate its unique heritage, architecture and culture rather than sex and drugs. Over the past few years, there have been multiple initiatives to reduce the impact of mass tourism and nuisance visitors, and to revamp the area’s image.

In 2020, guided tours were prohibited from passing sex workers’ windows, and there was talk of moving the window brothels to a neighborhood outside of the city center—conversations that continue to this day.” 

Amsterdam Mayor Femke Halsema has prioritized cleaning up the Red Light District since becoming mayor nearly five years ago.

In 2019, Halsema, who is Amsterdam’s first female mayor, “presented four options aimed at protecting sex workers from degrading conditions, tackling crime, and reducing the impact of tourism in Amsterdam’s De Wallen red-light district,” CNN reported at the time.

“For many visitors, the sex workers have become no more than an attraction to look at. In some cases this is accompanied by disruptive behavior and a disrespectful attitude to the sex workers in the windows,” Halsema’s office said, as quoted by CNN, which outlined some of the mayor’s proposed reforms:

“Four scenarios have been proposed for discussion including closing the curtains on the windows so sex workers can’t be seen from the street, fewer window-style rooms, moving the brothels to new locations elsewhere in Amsterdam and the possibility of a sex worker “hotel” being created. The plans aim to protect sex workers from gawking tourists and their camera phones, and also to combat a rise in abuses such as human trafficking. The four proposals will be discussed with sex workers, residents and businesses in July, before being taken to the city council in September. The plans will ultimately be developed into a new policy on sex work, the mayor’s office confirmed.”

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New Hampshire Senate Votes Down Cannabis Legalization Bill

The New Hampshire state Senate on Thursday voted down a bill to legalize recreational marijuana, with senators on both sides of the aisle citing concerns for children’s safety. The measure, which was passed by the New Hampshire House of Representatives last month, was rejected in the Senate by a vote of 14-10 on May 11.

Republican Senator Jeb Bradley, the president of the New Hampshire Senate, said that as the state combats a drug addiction and overdose crisis, it is not the right time to legalize marijuana.

“Recreationalizing marijuana at this critical juncture would send a confusing message, potentially exacerbating the already perilous drug landscape and placing more lives at risk,” Bradley said in a written statement cited by the Coast Reporter.

Had the measure been passed by the state Senate and signed into law by Republican Governor Chris Sununu, House Bill 639 would have legalized the possession and use of small amounts of marijuana for adults aged 21 and older. If adopted, New Hampshire would have been the 22nd state in the nation to legalize recreational marijuana, making it the last in New England to end the prohibition of cannabis.

The legislation would have renamed the New Hampshire Liquor Commission as the Liquor and Cannabis Commission, which would have been tasked with regulating the commercial cultivation, processing, safety testing and distribution of cannabis. The measure also included a 12.5% tax on cannabis cultivation, with revenue raised by the tax dedicated largely to the state’s pension liability and New Hampshire’s education trust fund. Revenue raised from cannabis taxes would also have been used to fund substance misuse programs and law enforcement training.

Under current New Hampshire law, simple possession of up to ¾ of an ounce of cannabis is a civil offense subject to a fine of up to $100. Possession of cannabis in amounts greater than ¾ of an ounce is a misdemeanor punishable by up to one year in jail and a fine of up to $350.

Opponents Cite Youth Safety in New Hampshire

Senator Lou D’Allesando, the lone Democrat in the Senate to vote against the legalization bill, noted that he spent 50 years of his life as a teacher and coach. Also a grandparent, he said that he was opposing the bill to protect kids.

“It would say to our children that marijuana is safe and could be used without harmful consequences,” D’Allesandro said, “and nothing could be further from the truth.”

With the exception of D’Allesandro, all Democratic senators voted in favor of the bill, while all but one Republican voted against the measure. Democratic Senator Becky Whitley refuted claims that legalizing marijuana for adults would cause the rate of use by young people to rise dramatically.

“Youth already use marijuana right now in our state; it’s undeniable,” said Whitley. “What I want to see is a decrease in that use, and if we legalize, that’s what I’m hearing will happen.”

House Democratic Leader Matt Wilhelm said that legalizing marijuana has significant public support in New Hampshire, adding that regulating cannabis could have a positive impact on public health.

“Every day that New Hampshire remains an island of prohibition, more voluntary tax revenue from our residents flows to surrounding states to fund programs and services benefitting their residents,” Wilhelm said in a press release.

Frank Knaack, policy director at the American Civil Liberties Union of New Hampshire, criticized senators who failed to vote in favor of the legalization bill.

“These lawmakers are willing to ignore the will of their own constituents and are okay with continuing to needlessly ensnare over a thousand people — disproportionately Black people — in New Hampshire’s criminal justice system every year,” said Knaack.

The New Hampshire House of Representatives passed the legislation on April 7, but approval became unlikely in the Senate after a key committee recommended against passing the measure. Previous attempts to legalize recreational marijuana in New Hampshire have also seen success in the House of Representatives but failed to gain approval in the state Senate. Supporters of HB 639 had hoped that legalization efforts would finally see success in 2023.

“New Hampshire remains the only state in New England that has failed to legalize cannabis, while our neighbors benefit from increased revenue and their cannabis users benefit from safer testing and regulation of the product,” Democratic Representative Matt Wilhelm, a co-sponsor of the bipartisan bill in the House of Representatives, said in a statement after the bill succeeded in the lower chamber of the legislature last month. “Legalization of adult possession of small amounts of cannabis is the right thing to do for New Hampshire and we must get it done in 2023.”

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Oklahoma Moratorium on New Cannabis Businesses Extended to 2026

Oklahoma Gov. Kevin Stitt recently renewed a moratorium on new medical cannabis businesses. Stitt originally signed legislation for the ban in May 2022, which took effect in August 2022 and was set to expire in August 2024. However, upon signing HB-2095 earlier this month, the moratorium was updated with an extension until August 1, 2026.

The bill gives authority to the Oklahoma Attorney General’s Office, the Oklahoma Bureau of Narcotics and Dangers Drugs Control, and the Oklahoma State Bureau of Investigation to manage the state’s medical cannabis regulation, according to a news report from Oklahoma News4. These agencies will have power to investigate law violations in regards to any commercial cannabis cultivators, processors, researchers, and more.

HB-2095 also states that it’s illegal for medical cannabis growers to employ undocumented immigrants, and establishes a new rule stating that only one cultivation license may be used for a single address or property.

Oklahoma Attorney General Getner Drummond praised the governor for taking action against illegal cannabis activity. “I want to thank Gov. Stitt, as well as Rep. Echols and Sen. Paxton, for this tremendous step forward in Oklahoma’s efforts to stamp out illegal marijuana grow operations,” said Drummond. “The illegal marijuana industry is crawling with Mexican cartels and Chinese crime syndicates that pose a serious threat to public safety, particularly in our rural communities. Gov. Stitt’s approval of HB-2095 ensures the Attorney General’s Office and our excellent law enforcement partners have the tools and authority to shut down these dangerous criminal enterprises.”

Oklahoma’s medical cannabis program has grown rapidly since it’s first licenses were issued in August 2018. On the first day that licenses were available for application submissions, the Oklahoma Medical Marijuana Authority (OMMA) received approximately 1,600 applications. By January 2022, an estimated 400,000 medical cannabis licenses were issued by the OMMA. 

This year in March, Oklahoma voters went to the ballot to decide on recreational cannabis initiative State Question 820. Only 38% voted in favor of the measure, but supporters remain determined. Brian Vicente of Vicente LLP told High Times that “there is still more work to be done” in regard to legalization.

Just after the ballot results, Gov. Stitt discussed the results of the measure with reporters. “I don’t think anybody expected it to be defeated that bad, but as I was traveling the state, I knew Oklahomans didn’t want it,” said Stitt. “They were so tired of a dispensary on every single corner.”

Stitt stated that while he wants to allow patients to use medical cannabis if it can benefit them, but he doesn’t believe that “anybody with a hangnail should be able to get a medical card.”

He also shared that there’s enough cannabis in Oklahoma to supply demand across the country. “That is not what this is supposed to be,” said Stitt. “This was supposed to be medical use in the state of Oklahoma, and it has gotten way out of control. So we have to get rid of the bad actors. We have got to get control over that industry.”

Other legislation introduced after the defeat of State Question 820 have also targeted the illegal industry and some of its common problems.

Recently, Senate Bill 913 was introduced earlier this month, which would require a $50,000 bond for those who obtain a grow license. Should a cultivation property be abandoned, it provides funds to clean up the area. “Ultimately, this will help clean up valuable farmland that has been harmed by illegal operations and allows OMMA or any other appropriate state agency to recoup costs associated with the cleanup,” said one of the bill’s sponsors, Sen. Darcy Jech. SB-913 was signed by Gov. Stitt on April 20.

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New Jersey Governor Signs Bill Extending Tax Deductions to Cannabis Companies

New Jersey Governor Phil Murphy this week signed legislation to grant standard business tax deductions to licensed cannabis companies in a move designed to improve the viability of the state’s regulated marijuana industry. The measure, which decouples New Jersey’s tax laws from Section 280E of the federal tax code, was signed by Murphy on Monday following passage of the bill by the state legislature in February.

In many states that have legalized cannabis for recreational or medical use, tax laws follow the lead of Section 280E of the federal tax code, which denies most standard business tax deductions for cannabis businesses. Under the rule, cannabis operators are only allowed to deduct the cost of goods sold, while deductions for other standard business expenses such as rent, payroll and utilities are not allowed for most businesses.

The bill from Democratic Assemblymembers Annette Quijano, Clinton Calabrese and Linda Carter was passed by the New Jersey General Assembly on February 27. An identical companion measure, sponsored by Democratic state Senators Troy Singleton and Shirley Turner, also passed in the state Senate on the same day by a vote of 32-3.

Under the new legislation, which goes into effect immediately and applies to tax years beginning on January 1, 2023, cannabis companies will be permitted to deduct certain business expenses on their state tax returns. The bill does not affect the federal tax liability owed by the businesses. The sponsors of the legislation say that the bill will help improve diversity in the regulated cannabis industry, which faces steep barriers to entry and high taxes and regulatory fees.

“We have seen here in New Jersey, and around the country, that legal cannabis businesses tend to lack diversity both in gender and race amongst its ownership ranks,” Singleton said in a statement quoted by local media. “This law aims to level the playing field for all cannabis businesses.”

“It will ensure that dispensaries are paying a fair amount of taxes by taking into account critical business expenditures and allowing these deductions from their income,” he added.

“New Jersey’s cannabis industry is still in its infancy, and we need to act early to provide equal opportunity for all businesses to succeed,” Turner said. “Supporting dispensaries while promoting diversity within the cannabis industry is better for our local economy and also helps to ensure that the profits from recreational cannabis are being funneled back into the communities that need it most.”

The legislation to grant standard business tax deductions to New Jersey cannabis companies is also supported by representatives of the regulated cannabis industry, including the New Jersey Cannabis Trade Association (NJCTA), a trade group that said the legislation “will provide a more economically viable landscape for our young industry and those wishing to enter it.”

“The continued implementation of 280E placed several financial constraints on cannabis operators, big and small, by prohibiting them from deducting common business expenses from their taxes,” the NJCTA said in a statement. “Now, New Jersey’s licensed cannabis operators will be treated like any other legal enterprise operating in New Jersey, a sense of normalcy that our industry will cherish.”

James Leventis, executive vice president of legal, compliance & government affairs for Verano, a company that operates three Zen Leaf dispensaries in New Jersey, applauded the passage of the new legislation, saying it eliminates “a key barrier that has impeded entrepreneurship and the growth of the cannabis industry across the nation.”

“It’s inspiring to see New Jersey take this bold step to support one of the fastest-growing industries in the nation,” Levetis wrote in an email to High Times. “I hope to see similar courageous action by leaders across additional states – and, most importantly, at the federal level – to deliver further cannabis reforms that will allow our industry to finally reach its full potential as a catalyst for positive economic and social progress across the U.S.”

Other states that have legalized marijuana including New York, California, Hawaii, Michigan, Colorado and Oregon have passed legislation to separate their state tax laws from Section 280E. Similar legislation is pending in Connecticut.

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