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Marijuana Policy:
2022 Lookback
2023 Predictions
Hello!
Thank you for coming
This webinar is available on demand here:
https://youtu.be/P9fcQniUbMs
2
Panelists and Host
3
Tom Angell
Editor
Tom Angell is publisher of Marijuana
Moment, a news outlet that tracks cannabis
policy and politics, and previously worked
for various pro-legalization nonprofits.
Karen O’Keefe
Director of State Policy
Karen has played an instrumental role in
replacing cannabis prohibition with sensible
regulation in U.S. states. Her team has
been crucial to transforming laws and the
narrative about cannabis.
Justin Strekal
Founder
Justin Strekal is an experienced organizer
and advocate and founder of Better
Organizing to Win Legalization and BOWL
PAC.
Karen Suhaka
Founder
Karen founded BillTrack50 to help
people follow what their state
government is up to, for marijuana
and everything else, too
Our Conversation today will cover
What
changed
this year
Current
political
picture
Looking
ahead to
2023
4
‘’
The amount of money and of legal
energy being given to prosecute
hundreds of thousands of Americans
who are caught with a few ounces of
marijuana in their jeans simply makes no
sense —the kindest way to put it. A
sterner way to put it is that it is an
outrage, an imposition on basic civil
liberties and on the reasonable
expenditure of social energy.
— William F. Buckley Jr
5
1.
Current
Political
Landscape
Current laws,
opinions, and
state taxes
6
7
https://www.mpp.org/issues/legalization/map-of-state-marijuana-laws/
8
Also
see:
https://norml.org/marijuana/library/surveys-polls/
https://news.gallup.com/poll/405086/marijuana-views-linked-ideology-
religiosity-age.aspx
Tax Revenues from Sales of Recreational Marijuana in the United States
9
https://www.mpp.org/issues/legalization/cannabis-tax-revenue-states-regulate-cannabis-adult-use/
2.
What
happened
in 2022
Executive,
Congressional,
& State Activity
10
Executive Actions
Pardons
11
Rescheduling Review
Biden’s Evolution
● Just simple possession
offenses
● No one will get freed
● Called on governors to make
similar moves (OR; NC &
others considering)
● People still pushing to
release people in federal
prison for selling
● People with immigration
status issues excluded
● “Expeditiously”
● HHS/FDA/DOJ/DEA process
● If moved to schedule II, III, IV
or V vs. descheduled, what
will FDA do?
● Implications for state-legal
businesses
● Will this cause pause in
legislative activity?
● Senate record as
Judiciary chair
● Democratic response to
Bush’s 1989 drug war
speech
● Cannabis campaign
promises
● Current stance
US HR3617 MORE Act Marijuana Opportunity
Reinvestment and Expungement Act
Bill Summary
AN ACT To decriminalize and deschedule cannabis, to provide for reinvestment in
certain persons adversely impacted by the War on Drugs, to provide for
expungement of certain cannabis offenses, and for other purposes.
Cosponsors (115)
Last Action
Received in the Senate and Read twice and referred to the Committee on Finance.
(on 04/04/2022) (passed for second time)
Official Document
https://www.congress.gov/bill/117th-congress/house-bill/3617/all-info
12
HR5977 States Reform Act
Bill Summary
A BILL To amend the Controlled Substances Act regarding marihuana, and for other purposes.
Subject
Crime and law enforcement
Sponsors (5)
Nancy Mace (R)*, Brian Mast (R), Tom McClintock (R), Peter Meijer (R), Don Young (R)
Last Action
Referred to the Subcommittee on Health. (on 01/06/2022)
Official Document
https://www.congress.gov/bill/117th-congress/house-bill/5977/all-info
13
US S4591 Cannabis Administration and Opportunity Act
Bill Summary
A BILL To decriminalize and deschedule cannabis, to provide for reinvestment in
certain persons adversely impacted by the War on Drugs, to provide for
expungement of certain cannabis offenses, and for other purposes.
Cosponsors (5)
Cory Booker (D)*, Patty Murray (D), Gary Peters (D), Charles Schumer (D), Ron
Wyden (D)
Last Action
Read twice and referred to the Committee on Finance. (on 07/21/2022)
Official Document
https://www.congress.gov/bill/117th-congress/senate-bill/4591/all-info 14
HR1996 / S910 SAFE Banking Act of 2021
Bill Summary
AN ACT To create protections for financial institutions that provide financial services to cannabis-
related legitimate businesses and service providers for such businesses, and for other purposes.
Cosponsors (181) House / (43) Senate
Last Action
House: Received in the Senate and Read twice and referred to the Committee on Banking,
Housing, and Urban Affairs. (on 04/20/2021)
Senate: Committee on Banking, Housing, and Urban Affairs. Hearings held. (on 09/08/2022)
Official Document
https://www.congress.gov/bill/117th-congress/house-bill/1996/all-info
https://www.congress.gov/bill/117th-congress/senate-bill/910/all-info
15
HR8454 Medical Marijuana and Cannabidiol Research Expansion Act
Bill Summary
AN ACT To expand research on cannabidiol and marijuana, and for other purposes.
Sponsors (11)
Earl Blumenauer (D)*, Steve Cohen (D), Deborah Dingell (D), Morgan Griffith (R), Andy Harris (R), David Joyce (R),
Barbara Lee (D), Nancy Mace (R), Eleanor Norton (D), Christopher Pappas (D), Ed Perlmutter (D),
Last Action
Presented to President. (on 11/29/2022)
Official Document
https://www.congress.gov/bill/117th-congress/house-bill/8454/all-info
16
Marijuana Midterm
● MD and MO just voted to legalize marijuana.
● AR, ND and SD defeated legalization measures.
● CO voted to legalize psychedelics (possession & growing) and
license psilocybin “healing centers.”
● OH and TX cities passed local decrim measures.
● WI counties and cities passed nonbinding marijuana
referendums (also done in past cycles and other states like MA).
17
… Also court challenges were resolved in MO, AR, OK
2022 State Legislation
● MD contingent legislation, partial implementation (and legislative referral)
● RI legalized via legislature
● Lots of bills passed at least one chamber last session but weren't enacted
○ Medical: KY, KS, NC, SC
○ Recreational: DE, NH, MN, HI
● States where serious attempts were made to get reform on the ballot: NE (two
measures), OH (full recreational, missed timing so have to try again next year can use
the signatures they already have)
● Psychedelics: CA senate passed, stalled in Assembly
18
Other State Bills of Interest
HF4065 Health Omnibus
Legalizes THC edibles
(read more here:
https://www.marijuanamom
ent.net/minnesota-law-
legalizing-thc-cannabis-
edibles-takes-effect-
prompting-pushback-from-
key-gop-senator-who-
voted-for-it/)
SB2095 Mississippi
Medical Cannabis Act
Legalizes medical
marijuana after voter-
approved ballot measure
was overturned.
B24-0887 Medical
Marijuana Self-Certification
Temporary Amendment Act
of 2022
Allows people to self-certify
as medical marijuana
patients without any doctor
recommendation
(workaround to Congress's
block on recreational sales)
19
DC
AB2188 Discrimination in
Employment: Use of
Cannabis
Makes it unlawful for an
employer based upon the
person’s use of cannabis
off the job and away from
the workplace
20
CA passed SB1326 which lets the Governor
negotiate for interstate marijuana commerce
based on various triggers, NJ Senate president
filed similar bill, OR enacted something similar
in 2021.
Being able to grow where marijuana grows best
could have positive environmental impact, plus
increase choice and decrease prices.
Dormant Commerce Clause
A federal court ruling overturning Maine's
residency requirements for medical marijuana
business owners could have broad implications for
licensing restrictions, equity programs and
interstate commerce.
21
https://my.vanderbilt.edu/marijuanalaw/2022/08/federal-appeals-court-agrees-using-residency-to-
award-commercial-marijuana-licenses-violates-the-dormant-commerce-clause/
3.
Looking
Ahead
to 2023
Federal
Actions, State
Ballot Measures
and Legislation
22
Federal Legislation
What might Congress do next?
Lame duck? Next Congress?
23
Potential State Activity in 2023
● State Ballots expected next year:
● OK on ballot in March
● OH could consider in November
● Potential Legalization Targets: HI, MN, NH; PA worth watching
● Potential Medical Marijuana Targets: KS, KY, NC, SC
● Other legislative trends to watch
24
Thanks!
Any questions?
25
26
Tom Angell
https://www.marijuanamoment.net/
news@marijuanamoment.net
@MarijuanaMoment
Karen O’Keefe
https://www.mpp.org/
kokeefe@mpp.org
@MarijuanaPolicy
Justin Strekal
https://thebowlpac.org/
Justin@thebowlpac.org
@TheBOWLPAC
Karen Suhaka
https://www.billtrack50.com/
Karen@LegiNation.com
@BillTrack50
Credits
Special thanks to all the people who made and
released these awesome resources for free:
▣ Presentation template by SlidesCarnival
▣ Photographs by Unsplash and Pexels
27

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Marijauna Policy Webinar 2022.pptx

  • 2. Hello! Thank you for coming This webinar is available on demand here: https://youtu.be/P9fcQniUbMs 2
  • 3. Panelists and Host 3 Tom Angell Editor Tom Angell is publisher of Marijuana Moment, a news outlet that tracks cannabis policy and politics, and previously worked for various pro-legalization nonprofits. Karen O’Keefe Director of State Policy Karen has played an instrumental role in replacing cannabis prohibition with sensible regulation in U.S. states. Her team has been crucial to transforming laws and the narrative about cannabis. Justin Strekal Founder Justin Strekal is an experienced organizer and advocate and founder of Better Organizing to Win Legalization and BOWL PAC. Karen Suhaka Founder Karen founded BillTrack50 to help people follow what their state government is up to, for marijuana and everything else, too
  • 4. Our Conversation today will cover What changed this year Current political picture Looking ahead to 2023 4
  • 5. ‘’ The amount of money and of legal energy being given to prosecute hundreds of thousands of Americans who are caught with a few ounces of marijuana in their jeans simply makes no sense —the kindest way to put it. A sterner way to put it is that it is an outrage, an imposition on basic civil liberties and on the reasonable expenditure of social energy. — William F. Buckley Jr 5
  • 9. Tax Revenues from Sales of Recreational Marijuana in the United States 9 https://www.mpp.org/issues/legalization/cannabis-tax-revenue-states-regulate-cannabis-adult-use/
  • 11. Executive Actions Pardons 11 Rescheduling Review Biden’s Evolution ● Just simple possession offenses ● No one will get freed ● Called on governors to make similar moves (OR; NC & others considering) ● People still pushing to release people in federal prison for selling ● People with immigration status issues excluded ● “Expeditiously” ● HHS/FDA/DOJ/DEA process ● If moved to schedule II, III, IV or V vs. descheduled, what will FDA do? ● Implications for state-legal businesses ● Will this cause pause in legislative activity? ● Senate record as Judiciary chair ● Democratic response to Bush’s 1989 drug war speech ● Cannabis campaign promises ● Current stance
  • 12. US HR3617 MORE Act Marijuana Opportunity Reinvestment and Expungement Act Bill Summary AN ACT To decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes. Cosponsors (115) Last Action Received in the Senate and Read twice and referred to the Committee on Finance. (on 04/04/2022) (passed for second time) Official Document https://www.congress.gov/bill/117th-congress/house-bill/3617/all-info 12
  • 13. HR5977 States Reform Act Bill Summary A BILL To amend the Controlled Substances Act regarding marihuana, and for other purposes. Subject Crime and law enforcement Sponsors (5) Nancy Mace (R)*, Brian Mast (R), Tom McClintock (R), Peter Meijer (R), Don Young (R) Last Action Referred to the Subcommittee on Health. (on 01/06/2022) Official Document https://www.congress.gov/bill/117th-congress/house-bill/5977/all-info 13
  • 14. US S4591 Cannabis Administration and Opportunity Act Bill Summary A BILL To decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes. Cosponsors (5) Cory Booker (D)*, Patty Murray (D), Gary Peters (D), Charles Schumer (D), Ron Wyden (D) Last Action Read twice and referred to the Committee on Finance. (on 07/21/2022) Official Document https://www.congress.gov/bill/117th-congress/senate-bill/4591/all-info 14
  • 15. HR1996 / S910 SAFE Banking Act of 2021 Bill Summary AN ACT To create protections for financial institutions that provide financial services to cannabis- related legitimate businesses and service providers for such businesses, and for other purposes. Cosponsors (181) House / (43) Senate Last Action House: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (on 04/20/2021) Senate: Committee on Banking, Housing, and Urban Affairs. Hearings held. (on 09/08/2022) Official Document https://www.congress.gov/bill/117th-congress/house-bill/1996/all-info https://www.congress.gov/bill/117th-congress/senate-bill/910/all-info 15
  • 16. HR8454 Medical Marijuana and Cannabidiol Research Expansion Act Bill Summary AN ACT To expand research on cannabidiol and marijuana, and for other purposes. Sponsors (11) Earl Blumenauer (D)*, Steve Cohen (D), Deborah Dingell (D), Morgan Griffith (R), Andy Harris (R), David Joyce (R), Barbara Lee (D), Nancy Mace (R), Eleanor Norton (D), Christopher Pappas (D), Ed Perlmutter (D), Last Action Presented to President. (on 11/29/2022) Official Document https://www.congress.gov/bill/117th-congress/house-bill/8454/all-info 16
  • 17. Marijuana Midterm ● MD and MO just voted to legalize marijuana. ● AR, ND and SD defeated legalization measures. ● CO voted to legalize psychedelics (possession & growing) and license psilocybin “healing centers.” ● OH and TX cities passed local decrim measures. ● WI counties and cities passed nonbinding marijuana referendums (also done in past cycles and other states like MA). 17 … Also court challenges were resolved in MO, AR, OK
  • 18. 2022 State Legislation ● MD contingent legislation, partial implementation (and legislative referral) ● RI legalized via legislature ● Lots of bills passed at least one chamber last session but weren't enacted ○ Medical: KY, KS, NC, SC ○ Recreational: DE, NH, MN, HI ● States where serious attempts were made to get reform on the ballot: NE (two measures), OH (full recreational, missed timing so have to try again next year can use the signatures they already have) ● Psychedelics: CA senate passed, stalled in Assembly 18
  • 19. Other State Bills of Interest HF4065 Health Omnibus Legalizes THC edibles (read more here: https://www.marijuanamom ent.net/minnesota-law- legalizing-thc-cannabis- edibles-takes-effect- prompting-pushback-from- key-gop-senator-who- voted-for-it/) SB2095 Mississippi Medical Cannabis Act Legalizes medical marijuana after voter- approved ballot measure was overturned. B24-0887 Medical Marijuana Self-Certification Temporary Amendment Act of 2022 Allows people to self-certify as medical marijuana patients without any doctor recommendation (workaround to Congress's block on recreational sales) 19 DC AB2188 Discrimination in Employment: Use of Cannabis Makes it unlawful for an employer based upon the person’s use of cannabis off the job and away from the workplace
  • 20. 20 CA passed SB1326 which lets the Governor negotiate for interstate marijuana commerce based on various triggers, NJ Senate president filed similar bill, OR enacted something similar in 2021. Being able to grow where marijuana grows best could have positive environmental impact, plus increase choice and decrease prices.
  • 21. Dormant Commerce Clause A federal court ruling overturning Maine's residency requirements for medical marijuana business owners could have broad implications for licensing restrictions, equity programs and interstate commerce. 21 https://my.vanderbilt.edu/marijuanalaw/2022/08/federal-appeals-court-agrees-using-residency-to- award-commercial-marijuana-licenses-violates-the-dormant-commerce-clause/
  • 23. Federal Legislation What might Congress do next? Lame duck? Next Congress? 23
  • 24. Potential State Activity in 2023 ● State Ballots expected next year: ● OK on ballot in March ● OH could consider in November ● Potential Legalization Targets: HI, MN, NH; PA worth watching ● Potential Medical Marijuana Targets: KS, KY, NC, SC ● Other legislative trends to watch 24
  • 26. 26 Tom Angell https://www.marijuanamoment.net/ news@marijuanamoment.net @MarijuanaMoment Karen O’Keefe https://www.mpp.org/ kokeefe@mpp.org @MarijuanaPolicy Justin Strekal https://thebowlpac.org/ Justin@thebowlpac.org @TheBOWLPAC Karen Suhaka https://www.billtrack50.com/ Karen@LegiNation.com @BillTrack50
  • 27. Credits Special thanks to all the people who made and released these awesome resources for free: ▣ Presentation template by SlidesCarnival ▣ Photographs by Unsplash and Pexels 27

Editor's Notes

  1. Karen big picture
  2. Karen mention trends
  3. Karen quick discussion of revenue
  4. Justin
  5. Justin, and then say there are some others listed you can review if you are interested
  6. Justin briefly
  7. Justin briefly
  8. Justin briefly and optimistically
  9. Justin briefly and optimistically
  10. Tom - what the people decided to do
  11. Karen, Tom will take court challenges at the end
  12. Karen, briefly
  13. Tom from state point of view, Justin some federal points
  14. Karen will take a shot at explanation
  15. Justin based on recent events
  16. Tom for ballot initiatives, mentioning court cases resolutions, Karen will take legialization