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Virginia Governor Approves Marijuana Decriminalization Bill

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The governor of Virginia announced on Sunday that he approved a bill to decriminalize marijuana possession in the state.The legislation, which would make possessing up to one ounce of cannabis punishable by a $25 fine with no threat of jail time and no criminal record, was in March.Prior Virginia law made simple possession punishable by a maximum $500 fine, up to 30 days in jail and a criminal record.Gov. Ralph Northam (D) approved the legislation— and —with no public signing ceremony amid the coronavirus outbreak, but he’s consistently expressed support for decriminalization and included a in January.I have signed bold new laws to reform criminal justice in Virginia, including measures to raise the felony larceny threshold, permanently eliminate driver’s license suspensions for unpaid court fines and fees, raise the age of juvenile transfer to adult court, and reform parole.— Ralph Northam (@GovernorVA)Every Virginian deserves access to a fair and equitable criminal justice system––these bills combat mass incarceration, increase support for returning citizens, and ensure that those who have paid their debt to society have a meaningful second chance.— Ralph Northam (@GovernorVA)“Virginians have long opposed the criminalization of personal marijuana possession, and Governor Northam’s signature turns that public opinion into public policy,”&nbsp;NORML Development Director Jenn Michelle Pedini, who also serves as the executive director of the state affiliate, .Though reform advocates are pushing for broader reform, many view this development as a necessary step that could set the stage for cannabis legalization to pass sometime over the next few legislative sessions. A provision that requires the formation of a working group to study the policy change was also part of the bill, and insiders say that’s important because the legislature historically prefers such studies before enacting major legislation.Northam the legislature make one amendment to the decriminalization legislation, however, pushing back the due date of the legalization study from November 30 of this year to November, 30, 2021.As such, there is one more step that the bill has to go through before it’s technically enacted. Lawmakers are set to reconvene on April 22 to consider the governor’s recommended changes to this and other legislation. If Northam’s amendment is adopted without changes, the bill will be formally enacted without needing his signature. Otherwise, it will come back to his desk for action.Not all advocates are on board with the decriminalization bill, however. ACLU Virginia has opposed the measure, arguing that the status quo is superior to incremental reform.The chapter sent a letter to the governor last month, requesting that he before signing it. The prospects of that happening were unlikely given that legislators already rejected the proposals during consideration of the bill, including a measure to remove certain penalties against juveniles caught possessing marijuana. Ultimately the group’s requests did not materialize.Virginia NORML, meanwhile, requested that the governor ask lawmakers to add an emergency clause to the bill that would make its provisions effective immediately. That didn’t happen either, however, and so for now it’s expected to take effect on July 1, as written in the text as sent to Northam’s desk.The governor also signed several other cannabis-related bills in recent days. He gave his signature to legislation formally medical marijuana in the state (rather than simply offering patients an affirmative defense as under prior law), access to medical cannabis for out-of-state patients temporarily residing in Virginia and the formation of a separate working group to study the state’s medical marijuana program and issue recommendations, including the possibility of expanding the system and allowing flower rather than oil alone.Last month, he also signed bills that would people from being denied federal assistance over drug-related convictions and a requirement stipulating that school officials must report misdemeanor offenses, including those marijuana-related, to law enforcement.A directing the Joint Legislative Audit and Review Commission to study and issue recommendations on adult-use cannabis legalization was also approved by the legislature in March and does not require any action on the governor’s part to take effect.Attorney General Mark Herring (D), who is running to replace the term-limited governor in 2021, previously said that he’s confident Northam will ultimately embrace more comprehensive reform. He&nbsp; to hear from officials representing states that have already legalized marijuana and said that testimony given there should provide Northam with more evidence to support adult-use legalization.And just like that we're one step closer to decriminalization. But we can't stop there. We need full legalization in Virginia— Mark Herring (@MarkHerringVA)“Our approach to cannabis has needlessly saddled Virginians, especially African Americans and people of color, with criminal records for long enough. It’s a new day in the Commonwealth,” Herring said in a . “Decriminalization is an incredibly important first step, and one that many thought we may never see in Virginia, but we cannot stop until we have legal and regulated adult use. With this legislation, we are moving Virginia forward to an even more fair, just, and equal place. This year, we showed that smart, progressive reform is possible here in the Commonwealth and we must continue on that path.With the enactment of the more modest bill on Saturday, however, Virginia has become 27th state to decriminalize marijuana, and the first to do so in 2020. Last year, three states—,&nbsp;&nbsp;and&nbsp;—also approved the policy change.Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.The U.S. Department of Agriculture (USDA) announced on Thursday that it has approved two additional state hemp regulatory plans, as well as three more tribal proposals.Florida and Kansas are the latest states to have their plans federally accepted, raising the number of state approvals so far to 16. The Blackfeet Nation, the Cayuga Nation and the Sac &amp; Fox Tribe of the Mississippi in Iowa also had their plans signed off on.USDA has been since hemp and its derivatives were federally legalized under the 2018 Farm Bill. Last month, South Carolina and West Virginia for the crop were approved.“After months of incorporating feedback from the public, growers, and industry stakeholders, we are thrilled that Florida’s hemp industry officially begins now,” Florida Agriculture Commissioner Nikki Fried said in a press release. ” I thank the USDA for their swift review and approval of our state hemp program.”“By working closely with our farmers, processors, retailers, and consumers, Florida’s state hemp program will become a model for the nation, will set a gold standard for this emerging industry, and will create billions in economic opportunity for Florida,” she . “As our economy deals with the impacts of COVID-19, this approval will give our agriculture industry a new alternative crop for many years to come.”We are excited that today formally approved Florida’s state program.On April 27, will begin accepting applications to grow hemp. By working closely with growers, processors, retailers, and consumers, Florida will be the hemp gold standard.Get the details ❇️— Commissioner Nikki Fried (@NikkiFriedFL)Jeff Ochampaugh of the Kansas Department of Agriculture in a release that the development is “great news for Kansas, as it moves us one step closer to establishing a commercial program for industrial hemp.” He added that it’s “important for Kansans to understand, though, that our program won’t be active until the regulations are adopted.”USDA in a notice that it “continues to receive and review hemp production plans from states and Indian tribes.”While the agency released an interim final rule for a domestic hemp production program last year, industry stakeholders and lawmakers have expressed concerns about certain policies it views as excessively restrictive.The department announced in February that it will&nbsp;. Those policies primarily concern testing and disposal requirements. The department declined to revise the THC limit, however, arguing that it’s a statutory matter that can’t be dealt with administratively.Agriculture Secretary Sonny Perdue has said on several occasions that , adding that the narcotics agency&nbsp;.Meanwhile, the Food and Drug Administration (FDA) is still in the process of developing regulations for CBD. It , explaining that the agency is actively exploring pathways to allow for the marketing of the cannabis compound as a dietary supplement and is developing enforcement discretion guidance.An FDA public comment period was reopened indefinitely for individuals to .Amid the coronavirus pandemic, hemp industry associations sent a letter to the head of the federal Small Business Administration (SBA) on Monday, urging the agency to who cultivate the crop.Photo courtesy of Brendan Cleak.Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.A bill that would require the U.S. Department of Veterans Affairs (VA) to conduct clinical trials into the therapeutic benefits of marijuana for veterans would have minimal fiscal impact, according to a new analysis from the Congressional Budget Office (CBO). However, the report seems to contain erroneous interpretations of the legislation’s provisions.CBO said in its report, which was released on Wednesday, that a VA study into the potential impact of CBD that launched in February 2019 “would satisfy the bill’s requirement for research.” Thus, the bill wouldn’t create significant additional costs.But text of the legislation itself indicates that the ongoing study would not satisfy its research requirements, for several reasons.First, the cited only covers post-traumatic stress disorder (PTSD). The , as last month by the House Veterans’ Affairs Committee, mandates that VA shall conduct clinical trials not just into PTSD, but also specifically on chronic pain as well as “other conditions.”Second, the bill calls for studies that look into “varying forms of cannabis,” including full plant and extracts. Further, it requires an investigation into at least three marijuana varieties “with significant variants in phenotypic traits and various ratios of tetrahydrocannabinol and cannabidiol in chemical composition.” Again, the study CBO pointed to looks exclusively at synthetic CBD.Another issue: the bill, sponsored by Rep. Lou Correa (D-CA), says the studies should involve different modes of consumption, including “topical application, combustible and non-combustible inhalation, and ingestion.” The CBD-only study does not appear to satisfy that requirement either.Finally, while it stands to reason that a study like the one VA is currently carrying out could be a part of the broader research initiative described in the bill, it’s also the case that the VA secretary is supposed to develop an implementation plan for complying with the legislation and submit it to the House and Senate Veterans’ Affairs Committees before conducting the research.H.R. 712, a bill to direct the Secretary of Veterans Affairs to carry out a clinical trial of the effects of cannabis on certain health outcomes of adults with chronic pain and post-traumatic stress disorder, and for other purposes— CBO Cost Estimates (@USCBOcostest)All of that is to say, it’s not clear that CBO’s aligns with the intent of the VA Medicinal Cannabis Research Act, which was in March. And that could mean that its report on the fiscal impact is flawed.Marijuana Moment reached out to CBO for comment, but a representative was not immediately available.CBO also seemed to misinterpret another section of the bill concerning the ability of VA doctors to discuss medical cannabis with their veteran patients. The research office wrote that it “would require VA to authorize physicians and other health care providers employed by the department to provide recommendations and opinions on the use of medical marijuana to veterans who live where its use is legal under state law.”This appears to be in reference to an approved by voice vote during last month’s committee markup. But that measure, from Rep. Greg Steube (R-FL), simply protects veterans from losing federal benefits for participating in a state-legal marijuana program and stipulates that VA doctors can “discuss cannabis use” and “record such use in the medical records of the veteran,” rather than issue recommendations.A separate bill sponsored by Rep. Earl Blumenauer (D-OR), which was also approved by the committee last month, would actually allow VA doctors to issue written recommendations for medical cannabis. CBO scored that legislation and .VA officials said during a hearing last year that they oppose both proposals.On a related note, seven members of Massachusetts’s congressional delegation, led by Sen. Elizabeth Warren (D-MA), sent a letter to the VA secretary on Wednesday, urging him to issue a directive during the coronavirus pandemic—and then, ideally, extend that policy permanently.The reason for the urgency, they said, is because but left medical cannabis dispensaries open as essential services. Some veterans may be wary of registering as medical patients, however, out of concern that they’d lose federal benefits—so the verbal recommendations would help assuage that concern.Photo by .Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.“There will be many policy lessons that emerge from the COVID-19 pandemic. One should be that we can achieve better health, safety, and economic outcomes if we replace cannabis prohibition with a thoughtfully regulated system of sales to adults and take other steps to reduce the number of low-risk offenders who become entrapped in our criminal justice system.”By Steve Hawkins, Marijuana Policy Project executive directorThe coronavirus crisis has abruptly forced all Americans to reexamine our priorities. Entire sectors of the economy have been shuttered as we reduce contact between people to flatten the curve and reduce the death toll. Elected officials and regulators, in particular, must reevaluate a wide range of government policies to ensure a swift, coordinated and appropriate response to the pandemic.One public policy that offers no benefit whatsoever during this time of crisis is our nation’s failed prohibition of cannabis. As governments work to minimize the negative impacts of COVID-19, it’s clear that punitive cannabis laws and unnecessarily strict regulations serve as far more of a hindrance than a help.Some police departments and prosecutors have already determined that prosecuting low-level offenses such as cannabis possession is counterproductive and puts police, prosecutors and the public at risk. For example, Baltimore State’s Attorney Marilyn Mosby ordered her staff to and several other nonviolent offenses.Meanwhile, news reports from other jurisdictions indicate that arrests for cannabis possession have continued, increasing the risk of exposure to coronavirus both for cannabis consumers and enforcement personnel and undermining health experts’ advice regarding the need for social distancing.It would be a disaster if the coronavirus becomes prevalent in America’s overcrowded jails and prisons. Criminal justice reform organizations have called for the release of low-risk inmates such as those convicted of cannabis offenses. This step should be taken as swiftly as possible to protect all staff and inmates at correctional facilities.In the 11 states where cannabis is already legal for adults, interaction among law enforcement and consumers has already dropped considerably, so fewer steps are likely to be needed. The other 39 states should immediately suspend enforcement and prosecution of cannabis laws for the duration of the national emergency. Not only does it protect public health, it also avoids wasting limited law enforcement and court resources during a crisis.We must also consider the challenge faced by roughly three million medical cannabis patients across the U.S. Many have vulnerable immune systems due to age or a serious medical condition, putting them in the high-risk category with regard to COVID-19.Although medical cannabis is legal in 33 states, many states have restrictive policies that frustrate patients who are seeking to avoid exposure to the coronavirus. For example, some states forbid deliveries of medical cannabis and others maintain criminal penalties against home cultivation.Fortunately, several states have already . New York, Iowa and other states have designated medical cannabis dispensaries as essential services to ensure their continued operation during the crisis. Louisiana took swift action to allow deliveries, and Michigan is allowing curbside pickup at dispensaries so patients do not have to enter the building. A few states have begun allowing patients to renew their certifications via telemedicine rather than continuing to require a visit to a doctor. These are all worthy reforms that should be enacted in all states that have legalized medical cannabis.Finally, as we dare to look beyond the crisis, it seems clear that states with legal cannabis markets will have a significant advantage over other states as the economy recovers from this pandemic. More than 200,000 Americans already , demonstrating that cannabis can be an important job creator and driver of economic development in addition to being sensible public policy and a source of substantial tax revenue.As we all take time to re-evaluate our nation’s public policy priorities, cannabis and criminal justice should be important parts of the conversation. Policymakers, including state legislators, governors and members of Congress, should take advantage of this opportunity to acknowledge that cannabis prohibition does not protect public health and safety, and they should support enacting reasonable policy alternatives on both a temporary and permanent basis.There will be many policy lessons that emerge from the COVID-19 pandemic. One should be that we can achieve better health, safety, and economic outcomes if we replace cannabis prohibition with a thoughtfully regulated system of sales to adults and take other steps to reduce the number of low-risk offenders who become entrapped in our criminal justice system.Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

The governor of Virginia announced on Sunday that he approved a bill to decriminalize marijuana possession in the state.The legislation, which would make possessing up to one ounce of cannabis punishable by a $25 fine with no threat of jail time and no criminal record, was in March.Prior Virginia law made simple possession punishable by a maximum $500 fine, up to 30 days in jail and a criminal record.Gov. Ralph Northam (D) approved the legislation— and —with no public signing ceremony amid the coronavirus outbreak, but he’s consistently expressed support for decriminalization and included a...

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Kyle Jaeger

Your top source for updates on the most important marijuana & cannabis news. Federal, state, international, business, science & culture. Editor: @tomangell

Virginia Governor Approves Marijuana Decriminalization Bill

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