Thursday, November 6, 2014

What 2014 Means For Cannabis

The election is over, the Republicans have taken control of the Senate but our governor is now one of the party of the people. Also noteworthy, Alaska, Oregon, and Washington D.C. have joined Colorado and Washington in legalizing cannabis for recreational use, with Florida’s medical amendment falling just short of the 60% supermajority needed to be the first state in the south to allow medical cannabis. Many other states have taken to the legislature to reform their cannabis laws, and as 2014 wraps up, support for treating cannabis like alcohol is at an all time high.  So what does 2014 mean for cannabis laws?

In Florida, 57.5% of voters said “Yes” to medical cannabis, despite an opposition campaign funded 85% by casino billionaire Sheldon Adelson. Florida requires a supermajority of 60%, so this amendment did not pass. However, famed trial lawyer John Morgan, the face and money behind Florida’s proposed medical marijuana amendment, insisted that he is going to try again in 2016 and lobby members of the legislature. As a result of the support for Amendment 2, a CBD strain was already passed by the radically conservative legislature, and the election results and low turnout should make a convincing case for at least some form of cannabis reform, in a state where possession of any amount of marijuana under 20 grams carries a punishment of up to 1 year in prison.  

Washington D.C. might be the most interesting case due to how their government works.  DC’s legalization has been supported by the mayor and the board, which have said they will write laws to allow for it to be sold and taxed, yet it must survive a veto from Congress and the President.  Some Republicans in congress have already vowed to use any powers necessary to silence the voices of the people living in D.C., making it a possibility to put Congress on the spot of where they stand. Additionally, the President may veto this legislation. If Congress does not approve D.C.’s legalization, this will push the President to make his opinions about legalization of cannabis more transparent.  The unique impact of D.C.’s legalization is that it is the closest hub for many folks in the north east to travel to in order to experience legalized cannabis, which may have ripple effects amongst the east coast.  Additionally, it will be hard for federal lawmakers to ignore the movement to legalize cannabis, since it is now legal in their own backyards. For some congressmen, it may no longer be, “smoke the vote,” but, “vote then smoke,” although hopefully not, “smoke then vote.”

Yet, the Federal government still considers cannabis a schedule one narcotic, meaning that many states are now ignoring federal law. This classification has not changed, though increased pressure, especially from the D.C. vote, may force cannabis to be reclassified.  It shouldn't be hard to push the rhetoric that this is a state’s rights issue to the Republicans, but again, we are talking about Republicans here.

In Pennsylvania, the State Senate earlier passed SB1182 by a 43-7 margin.  Then, Republicans blocked a vote from taking place in the house.  Tom Wolf’s campaign said the Governor-elect would sign SB1182 as written before it was watered down in committee, and with a new legislative session and a blue governor, 2015 may be the year for patients with debilitating conditions to obtain cannabis in Pennsylvania.  Currently, cannabis possession in  Pennsylvania, if under 30 grams, carries up to 30 days in prison.  

2014 was a good year for cannabis, yet the future of cannabis laws is up in smoke.  Perhaps our state and federal governments can act to ensure that these laws are no longer a cloudy haze.

-Luis Rolfo

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