Testing It Up

As we all know, Colorado and Washington have made history in legalizing the recreational use of marijuana. But given how officials from both states are working on establishing regulations about how marijuana should be grown, sold and taxed, it’s obvious some things aren’t easy to iron out. Take for example, the health and safety standards governing the different marijuana products that will be offered to the public.

Experts agree that marijuana, like other agricultural products, can be susceptible to molds, mites, pesticide residue, E.coli, and salmonella. But since pot remains illegal under federal laws, Colorado and Washington officials are aware they cannot rely on the Food and Drug Administration rules. That means, they have to come up with their own health and safety standards that would ensure hazard-free marijuana offerings.

“It’s important for us to do it because it’s public safety and there’s no U.S. FDA oversight here,” Randy Simmons, the Washington State Liquor Control Board project manager in charge of implementing Initiative 502, told NBC News.

At present, there are no quality control tests required in either state and there’s no mechanism for recalling contaminated pot products. The framework for new rules is still a work in progress.

But while small marijuana producers are taking it upon themselves to guarantee the safety of their products, some larger producers have created and imposed their own health and safety standards.

Tripp Keber, chief executive of Dixie Elixirs & Edibles in Denver, assures his marijuana products adhere to federal standards for quality. He sends samples of raw material and finished products to a medical marijuana testing laboratory to make sure his product lines are free from any contamination.

“Anyone can make a pot brownie, but fewer can make a dozen,” Keber said. “Even fewer can make 5,000 with the same consistency.”

Rep. Steve Cohen (D-Tenn) has recently introduced in the U.S. Congress legislation that would establish a federal commission on marijuana.

HR 1635, which calls for the creation of a National Commission on Federal Marijuana Policy Act of 2013, was inspired from the 1971 National Commission on Marihuana and Drug Abuse, also known as the Shafer Commission.

Part of the responsibilities of the National Commission on Federal Marijuana Policy is to take a comprehensive review of how federal policy should interact with state laws that legalize marijuana for medical or personal use. The Commission will also examine the cost of marijuana prohibition and regulation, as well as the potential revenue generated by taxing marijuana sale. Similarly, it will look at the health impacts related to marijuana use and in comparison to alcohol and tobacco use.

“Regardless of your views on marijuana, it’s important that we understand the impact of current federal policy and address the conflict with those state laws that allow for medicinal or personal use of marijuana,” Cohen said.

According to HR 1635, the Commission will be composed of 13 members — five to be appointed by the President, two to be appointed by the Speaker of the House of Representatives, two to be appointed by the minority leader of the House of Representatives, two to be appointed by the majority leader of the Senate, and another two to be appointed by the minority leader of the Senate.

“This conflict is only going to continue to grow over the next few years and we must provide certainty to the millions of individuals and businesses that remain caught in a web of incompatible laws. A national commission would provide us with the information we need to create sensible policy going forward,” Cohen added.

Marijuana legalization has been usually met with enthusiasm in states where it’s being proposed. In Maine, however, not all medical marijuana proponents are so keen about embracing a bill that seeks to remove criminal penalties from selling and using pot.

LD 1229, submitted by Rep. Diane Russell (D-Portland), has certain provisions that worry the medical marijuana community — one of them is allowing people over 21 to grow a maximum of six marijuana plants. According to Paul McCarrier, Medical Marijuana Caregivers of Maine (MMCM) spokesman, most gardeners sow more than six seeds when growing any other plant, and allowing people to self-grow marijuana may result in many growers breaking the law. He intends to propose allowing six flowering plants and more seedlings, but he is skeptical that the Criminal Justice Committee will support the idea, The Free Press reports.

Under the state’s new marijuana legalization bill, sale of marijuana would be subject to a 5-percent sales tax plus a $50-an-ounce excise tax, but even the excise tax amount poses a concern as being “obscenely high” for consumers. McCarrier reasoned that such an amount could force consumers to purchase off the black market, leading law enforcement to arrest them for tax evasion and unlicensed trafficking.

Later this week, a public hearing will be conducted for LD 1229 and people are encouraged to provide amendment suggestions.

“I think it’s jumping the gun to take a position on this bill before it even gets to the committee for a public hearing. Lots of times the bills get amended,” said Marijuana Policy Project spokesman David Boyer. “Maybe we should be questioning why it’s a bad thing for business to come to Maine.”

A bill recently introduced in the North Carolina General Assembly is appealing to downgrade penalties for individuals caught possessing marijuana, and to give them another chance in life by allowing them to file a petition for expunction of the offense.

House Bill 637, sponsored by Democrat Rep. Kelly Alexander Jr., proposes to reduce the penalty for marijuana possession as follows:

• If the quantity is less than 1 ounce, the violation is an infraction.
• If the quantity is 1 ounce or more, but less than 1 1/2 ounces, the violation is a Class 3 misdemeanor.
• If the quantity is 1 1/2 ounces or more, but less than two ounces, the violation is a Class 1 misdemeanor.
• If the quantity is 2 ounces or more, the violation is a Class I felony.

Additionally, the bill seeks expunction of certain possession of marijuana offenses, as long as the individual filing the petition has not been previously convicted of another felony or misdemeanor.

“You have a growing number of people who, in their youth, may have had some indiscretion and essentially have not had any other problems,” Alexander told WNCT.

Under the state’s current law, personal possession of 1/2 ounce or less of marijuana is a Class 3 misdemeanor and an individual will have to pay a fine of $200. Possession of more than a half ounce but 1 and a half ounces or less is a Class 1 misdemeanor punishable by 1 to 45 days imprisonment and a discretionary fine for a first offense, and maximum fine of $1000. Possession of over 1 and a half ounces but less than or equal to 10 pounds is a Class I felony punishable by 3 to 8 months imprisonment and a discretionary fine for a first offense.

If Alexander’s marijuana decriminalization bill is approved, it will become effective December 1, 2013.

President Barack Obama’s drug czar said legalizing marijuana won’t solve the nation’s drug problem.

R. Gil Kerlikowske, Director of the Office of National Drug Control Policy, spoke at the National Press Club in Washington on April 17 to clear up some issues surrounding America’s drug policy. As expected, his speech highlighted the topic of marijuana legalization which some lawmakers are pushing in various states.

Kerlikowske said even though Colorado and Washington have already legalized recreational marijuana, it must not be forgotten that the “Justice Department’s responsibility to enforce the Controlled Substances Act remains unchanged.” That means, the federal government will continue to go after serious crimes of drug dealing, violent crime, and drug trafficking.

“… Discussions about marijuana dwell on the issue of legalization and whether making the drug more widely and easily available would make the problem go away,” Kerlikowske noted. ” But the legal status of marijuana, including enforcement of existing laws, is a matter for the Department of Justice, and DOJ’s enforcement of the Controlled Substances Act remains unchanged.”

According to Kerlikowske, what the country needs to do is equip health care professionals with the necessary intervention tools to help individuals get treatment and sustain recovery. He also stressed the importance of providing drug offenders treatment rather than sending them to jail.

“So today I’m proud to announce that ONDCP is awarding a $1.4 million grant to the National Association of Drug Court Professionals, the country’s leading drug court organization, to train drug court professionals who work to divert non-violent drug offenders into treatment instead of prison,” Kerlikowske added.

A group of Alaskans has taken the first step towards putting a recreational marijuana legalization initiative in the 2014 ballot.

Tim Hinterberger, an associate professor at the University of Alaska Anchorage, and two other primary sponsors of the group filed on April 16 their application for an initiative petition that would allow for the possession and cultivation of marijuana for personal use, the Anchorage Daily News reports.

Under the proposed measure, Alaskans aged 21 and older could legally possess up to 1 ounce of pot. It also calls for the regulation of marijuana sales and authorization to grow cannabis for personal use. The initiative clearly states, though, that marijuana will still be prohibited in public and pot growers would have to keep the plants out of public view.

The group’s application includes the signatures of at least 100 people who are in favor of recreational marijuana legalization. State officials have 60 days to review the proposal, and if all things fall into place, Hinterberger and colleagues will be given until mid-January to gather signatures from another 30, 169 — 10 percent of the voting population in the previous general election.

According to Steve Fox, the national political director of the Marijuana Policy Project, the signatures should come from at least 30 of the state’s 40 House districts.

In 1998, Alaska voters approved a ballot measure that sought to legalize marijuana for medical use. However, Alaskans rejected Measure 5 in 2000 and again Measure 2 in 2004 by 60–40 percent and 56–44 percent, respectively. Both initiatives were geared at legalizing and decriminalizing the recreational use of marijuana in the state.

Alabama is hoping to become the next state to legalize marijuana for recreational and medical use with the recent introduction of House Bill 550, also known as the Alabama Cannabis and Hemp Reform Act.

Sponsored by Rep. Patricia Todd (D-Birmingham), the bill seeks to allow the possession, use, cultivation, and sale of marijuana by adults in Alabama. Currently, the state has some of the harshest marijuana penalties in the country. But if HB 550 is passed, adults aged 21 and older can use and posses up to one ounce of marijuana, as well as grow up to twelve mature cannabis plants in an enclosed, locked space. It would also allow adults to share, but not sell, cannabis among other adults without the fear of going to jail, The Daily Chronic reports.

Other provisions stipulated in Rep. Todd’s proposal include allowing the cultivation of industrial hemp by Alabama farmers; authorizing the Department of Revenue authorization to regulate the cultivation, processing, packaging, testing, transportation, display, and sale of marijuana and marijuana accessories; and imposing penalties for supplying marijuana to minors under 21 years of age, except those with medical marijuana authorizations.

On April 4, the bill was read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security.

The clamor for marijuana legalization is getting louder and the results of the latest Pew Research Center poll prove just that.

Of the 1,501 American adults surveyed last month, 52 percent are in favor of legalizing marijuana, an 11 percent increase since 2010. Young people, aged 18-32, are found to be the most supportive of any measure that calls for decriminalizing marijuana sale and possession.

Boomers are also more accepting of marijuana legalization now compared to the previous years. In 1978, 47 percent of Boomers wanted to legalize pot, but support declined during the 1980s, reaching a low of 17 percent in 1990. In 1994, Boomers who support marijuana had increased to 24 percent climbing to 50 percent in the latest survey.

As expected, there is far less support for legalization among those 65 and older; still, there has been an 11-point rise in support among older Americans since 2010.

In general though, men are somewhat more likely than women to support marijuana legalization.

Meanwhile, as support for the legalization of pot grows fewer Americans are viewing marijuana as a  ”gateway drug.” Currently, just 38 percent agree that “for most people the use of marijuana leads to the use of hard drugs,” compared to 60 percent in 1977.

The March 13-17 survey results also showed a significant change in attitudes on whether it is immoral to smoke marijuana. Currently, 50 percent of the surveyed Americans say smoking marijuana is not a moral issue, compared to 35 percent in 2006.

An international monitoring group is putting pressure on the United States in terms of how the country should deal with marijuana, especially now that two of its fifty states have already legalized recreational use of pot.

In November 2012, Colorado and Washington voters approved measures that would allow personal possession of marijuana by people aged 21 and older.

But even though the Obama administration maintained that growing, selling or possessing of marijuana remained illegal under federal laws, the International Narcotics Control Board (INCB) said the nation’s assurances are not sufficient.

Raymond Yans, president of INCB told the U.N. Commission on Narcotic Drugs on March 13 that legalizing recreational marijuana violates the U.N. Single Convention on Narcotic Drugs of 1961, to which the United States is a party. The Commission  is the central U.N. policy-making body for drug-related matters, Reuters reports.

Yans stated that the United States’ has a legal obligation to ensure the treaties are upheld across the country.

Last year, Obama told Barbara Walters in an exclusive interview that his administration won’t be focusing on marijuana users as they have “bigger fish to fry,” though he acknowledged that one of the biggest considerations in dealing with Colorado and Washington’s new recreational marijuana laws is the country’s treaty obligations with other nations.

Colorado’s Amendment 64 Task Force issued 58 recommendations on Wednesday, March 13, on how recreational marijuana should be grown, sold and taxed.

According to the 165-page report obtained by 7News, one suggestion is to set the sales tax at no more than 25 percent. But some members of the Task Force believe that figure would be too high, encouraging the survival of the illegal market and increasing the incidence of home cultivation among private citizens. The Task Force said there needs to be a special marijuana sales tax, but left it up to the legislature to set the taxation rate.

The Task Force also recommended that for the first year of licensing, only entities with valid medical marijuana licenses and those who applied for medical marijuana licenses before December 10, 2012 should be given licenses to grow, process and sell to people aged 21 and older.

Other recommendation highlights include:

• A new Marijuana Enforcement Division (MED) should be created in the Colorado Department of Revenue, funded by General Fund revenue for at least the next five years, to provide regulatory oversight of Colorado’s marijuana industries.
• Only Colorado residents should be allowed to hold licenses to grow, process, and sell adult-use marijuana, but sales to both residents and visitors should be permitted (with stricter quantity limits for out-of-state purchasers).
• There should be limits on the number of licenses that can be owned by one individual or group, the size of licensed premises, and the size of cultivation facilities.
• All types of marijuana sold from adult-use marijuana retail facilities should be in child-proof packaging and have warning labels that disclose THC content and list all pesticides, herbicides, fungicides, and solvents used in cultivation and processing.

The Task Force’s report now goes to the governor and state legislature, which will craft laws on the regulation of weed. Furthermore, the legislature will have to go back to voters for approval of sales and excise tax rates for marijuana.