Canadian Maurice Kevin O'Rourke has been sentenced to life in prison for possession of medical cannabis and CBD oil, after his luggage was searched during a flight layover in Dubai.
November 27, 2024 - "Maurice Kevin O'Rourke, a 64-year-old carpenter from Mississauga, ON, with Addison’s disease, was caught with CBD oil and medical cannabis in Dubai and sentenced to life in prison. O'Rourke was prescribed the CBD oil and cannabis, which are legal in Canada, to manage chronic pain from the disease. While travelling from Canada to South Africa, he had a layover in Dubai — where the CBD and cannabis were discovered in his luggage.
"O’Rourke was detained and taken to prison in Al Awir, United Arab Emirates on July 3, where he was handed down a life sentence. He is appealing the sentence and has a trial scheduled to start on Christmas Day.
O'Rourke before and after arrest. Western Standard.
“'Our world fell apart. Our daughter Maegan and I are shattered. We're in disbelief,” said his wife Pamela O'Rourke after the ruling, according to the Daily Mail. 'Kevin accepts that he shouldn't have travelled while on medication but he doesn't deserve to spend the rest of his life in prison'....
"Mrs. O'Rourke said her husband developed an 'open wound' in prison. 'In three months he went from being strong and healthy to being in a wheelchair. It's been incredibly distressing and life threatening for him,' she said.
"The O’Rourke family has some help from Radha Stirling, crisis manager and CEO of human rights organization Detained in Dubai, but she worries 'Kevin will not survive.... Dubai's prison system will not provide adequate medical care and he will be deprived of necessary medication and care,' Stirling told the Mail. 'The suffering of prisoners is not of concern to authorities in the UAE'....
"Stirling called on the Canadian government and Mississauga MP Peter Fonseca to help get O’Rourke home, noting neither country would want a foreign death while in custody. 'We have seen rapists and murderers sentenced to just a few years in jail. How can the courts sentence an older man to life in prison for possessing medication for personal use?'...
'“Dubai needs to be sensible here. He was just in transit and did not intentionally put himself in harm's way. He is ill and in need of ongoing and constant medical care.... [W]e hope the government of Dubai will understand and allow him to come home.'”
April 1, 2024 - German cannabis campaigners and aficionados lit celebratory joints at Berlin’s Brandenburg Gate at midnight early Monday, gathering for a legal “smoke-in” to mark the nation’s newly liberalized law on marijuana coming into effect. Germany’s government passed legislation allowing adults to possess small amounts of the drug, making it the largest European Union country to legalize possession for recreational use.
"The purchase and sale of cannabis is still prohibited and can lead to fines and imprisonment. Adults can now carry up to 25 grams (nearly an ounce) of marijuana and keep up to 50 grams at home. They can also grow up to three plants for personal use under the law that was passed by Germany’s federal council last month and took effect Monday.
"Adults who don’t want to grow their own plants ... can join 'cannabis clubs' starting in July. They are licensed nonprofit growing cooperatives capped at 500 members who must 'actively participate in the cultivation' to access the club’s cannabis. 'The law does not provide for passive membership that is aimed solely at purchasing cannabis,” the Bundesrat, effectively Germany’s upper house, said in its announcement of the law.
"Marijuana has slightly more restrictions for young adults between ages 18 and 21, and it is still illegal for minors....
"Though the amounts permitted in Germany are relatively small — adults are allowed to possess up to three ounces of cannabis flower in New York, for example — the new law still makes Germany one of the most lenient countries on marijuana in the European Union."
November 8, 2023 - "Ohio voters have approved a measure to legalise adult recreational marijuana use. It will take effect in 30 days. Voters supporting the new law, known as Issue 2, defied the will of the state's Republican controlled legislature. The measure was first introduced in 2022, but was stalled by Republican lawmakers, triggering a lawsuit to get legalisation on the ballot....
"'Marijuana is no longer a controversial issue,' said Tom Haren, spokesman for the Coalition to Regulate Marijuana Like Alcohol. 'Ohioans demonstrated this by passing State Issue 2 in a landslide.'
"The new law will allow adults over 21 to purchase and possess up to 2.5oz (70g) of cannabis and to grow up to six marijuana plants at home. Buyers will pay a 10% tax imposed on sales going mostly toward addiction services, communities with cannabis facilities and social equity and jobs programmes.
"The drug is illegal at the federal level despite a number of US states having passed laws legalising its use in some form. Cannabis is legal for adult recreational use in 23 other states, including all west coast states and in Washington DC. It is permitted for medical use in 38 states.
"The Ohio law is a citizen-initiated statute and not a constitutional amendment, which means state lawmakers have the power to easily adjust or even repeal the law. Ohio Republicans who remain opposed to Issue 2 are already calling for changes.... Smart Approaches to Marijuana Action President Kevin Sabet ... called on state legislators to remove parts of the law that enable commercial and advertising sales. Others have voiced their concerns regarding the limits of THC, the psychoactive compound that gives marijuana users a high.
"Since voters approved the law, it will be tricky political ground for Republican lawmakers looking to make tweaks without upsetting their constituents."
The U.S. Department of Health and Human Services is recommending that cannabis be moved from Schedule I of the Controlled Substances Act, a classification for drugs with a high potential for abuse and no recognized medicinal value, to the less restrictive Schedule III.
Aug 31, 2023 - " A top Department of Health and Human Services official just made one of the most consequential federal announcements ever concerning cannabis prohibition. The agency formally recommended cannabis be moved from Schedule I of the Controlled Substances Act, a classification for drugs that have a high potential for abuse and no recognized medicinal value, to the much less restrictive Schedule III.... [T]his is a truly historic announcement, marking the first time that a major government agency has recognized cannabis’ misclassification as a dangerous substance of abuse.
"The Schedule III decision was the result of a nearly yearlong investigation — one of the most comprehensive reviews ever conducted by the federal government on the issue. In the near term, this likely will not have a major impact on the cannabis industry because the Drug Enforcement Agency now will have to conduct its own review and decide whether to follow the HHS recommendation. It also does not legalize marijuana. State-licensed cannabis businesses will still be operating in violation of federal law. But given this HHS review was called for by President Biden himself, it seems probable that cannabis will be moved to Schedule III sometime in the next year, quite possibly before the 2024 presidential election....
"[O]ne major and immediate impact, assuming the DEA follows HHS’ recommendation, will be Section 280e of the IRS tax code will no longer apply to cannabis businesses. The 280e provision treats state-licensed cannabis businesses as if they are drug traffickers under federal law and prohibits these businesses from claiming standard business deductions available to every other business in America.... But Section 280e only applies to Schedule I and II substances. Moving cannabis to Schedule III would eliminate one of its businesses’ largest hindrances to profitability....
"While rescheduling would not explicitly open up access to institutional banking and lending in cannabis, something Congress has attempted but failed to do through the SAFE Banking Act, the elimination of 280e may well lead to new sources of capital entering the space, particularly new lenders. First, moving cannabis to the less restrictive Schedule III is a clear signal to cautious investors that the federal government is easing its stance and the risk for them has lowered.... More importantly, simply eliminating 280e should stir up new lending in a market where access is so difficult to come by. Most cannabis loans currently come with a 20% – 40% cost of capital, rates considered predatory and usurious in any other industry.... Eliminating 280e will provide massive cash flow relief, allowing companies to take in debt for new projects and expansion that is not currently available. And with more lenders willing to loan to the cannabis industry, interest rates on those loans will likely fall as well....
"Rescheduling could potentially have additional benefits for publicly traded cannabis companies and their shareholders.... Nearly all U.S. cannabis companies trade on the Canadian Securities Exchange, and trading volume there has slowed to a molasses-like crawl.... But moving cannabis to a less restrictive schedule could entice a higher volume exchange, like the Toronto Stock Exchange, to take on U.S.-based cannabis companies.... It is also possible this recommendation prompts Congress to take further action on the issue. Armed with the federal government’s top health agency’s recommendation, Congress now has more political cover to pass bills like SAFE Banking and possibly further comprehensive reform.... [T]hese bills have passed the House of Representatives multiple times and fell just short in the Senate’s last session....
"While there will be much speculation ... about exactly what rescheduling will look like and its real-world implications for the cannabis industry, it is clear HHS’ announcement is being welcomed by industry participants and advocates alike and takes the United States one step closer to a post-prohibition reality. That is truly something to celebrate."
July 25, 2023 - "Mastercard has said financial payment companies must stop allowing US customers to buy legal marijuana in shops with its debit cards. Because marijuana remains illegal at a federal level in the US, customers in the 38 states where it is allowed are usually forced to pay in cash. Mastercard said the move comes after it found some shops accepted debit payments despite the federal ban....
"'As we were made aware of this matter, we quickly investigated it. In accordance with our policies, we instructed the financial institutions that offer payment services to cannabis merchants and connects them to Mastercard to terminate the activity,'" Mastercard said in a statement on Wednesday. '"The federal government considers cannabis sales illegal, so these purchases are not allowed on our systems'....
"The crackdown aims to stop marijuana businesses, known as dispensaries, from offering the option to customers of paying with a debit card after entering their account's PIN number.
"Marijuana is currently legal for medical use in 38 states. It is also legal for adults over 21 years old to buy for recreational use in 23 states, including Washington DC and the entire US West Coast.
"In Canada, where cannabis was legalised on the national level in 2018, customers are often permitted to make payments with credit or debit cards.
"Sunburn Cannabis CEO Brady Cobb criticised Mastercard's decision, saying 'this move is another blow to the state-legal cannabis industry and patients/consumers who want to access this budding category'.
"The Democrat-controlled US Senate is hoping to pass a law that would make it easier for cannabis businesses to interact with financial institutions. But earlier this month, top Republican Senator John Cornyn described the bill's passage as "wishful thinking".
May 22, 2023 - "Minnesota's Democratic governor, Tim Walz, today reiterated his promise to sign a marijuana legalization bill that arrived at his desk on Saturday. That will make Minnesota, which legalized medical marijuana in 2014, the 23rd state to allow recreational use. The Minnesota House and Senate, both of which are controlled by Democrats, had previously approved slightly different legalization bills. H.F. 100, which both chambers passed last week, reconciles those differences.
"Adults 21 or older will be allowed to possess two ounces or less of marijuana in public, share that amount with other adults, keep two pounds or less at home, and grow up to eight plants, four of which are mature. Those provisions take effect on August 1.
"The bill also establishes an Office of Cannabis Management to license and regulate commercial production and distribution. Marijuana products will be subject to a 10 percent retail tax, in addition to standard state and local sales taxes (which total about 8 percent in Minneapolis, for example). Local governments will be allowed to regulate retailers and cap their number but will not be allowed to ban them entirely. Rep. Zack Stephenson (DFL–Coon Rapids), a co-author of the bill, said licensed sales should begin in 12 to 18 months.
"Cannabis consumption initially will be limited to private residences. But the law eventually will allow marijuana use at specially licensed businesses and events. Driving under the influence of marijuana will remain illegal. But Minnesota does not have a per se standard that makes a driver automatically guilty based on THC in his blood. Its law requires evidence of impairment.
"H.F. 100 eliminates some marijuana offenses and downgrades others. It requires automatic expungement of misdemeanor marijuana possession records, ... [which] a process that the Minnesota Bureau of Criminal Apprehension says may take until August 2024 to complete. The bill creates a review board to consider resentencing of people with marijuana felony records.
"A recent SurveyUSA poll found that 64 percent of Minnesota voters support marijuana legalization, including 81 percent of Democrats and 49 percent of Republicans. That is similar to the national breakdown among American adults that Gallup reported last fall."
Two U.S. federal District Court judges have ruled that the national ban on gun possession by cannabis users violates the Second Amendment of the Constitution.
April 11, 2023 - "A federal judge in Texas recently agreed with a federal judge in Oklahoma that the national ban on gun possession by cannabis consumers violates the Second Amendment. Kathleen Cardone, a judge on the U.S. District Court for the Western District of Texas, also concluded that the federal ban on transferring firearms to an 'unlawful user' of a 'controlled substance,' first imposed by the Gun Control Act of 1968, is unconstitutional. The case involves Paola Connelly, who was charged with illegal possession of firearms under 18 USC 922(g)(3) after El Paso police found marijuana and guns in her home while responding to a domestic disturbance in December 2021.... Both gun offenses are punishable by up to 15 years in prison....
"Cardone held that Connelly's Second Amendment claims were not precluded by prior decisions in which the U.S. Court of Appeals for the 5th Circuit, which includes Texas, upheld Section 922(g)(3). Those decisions, she noted, preceded the Supreme Court's June 2022 ruling in New York State Rifle & Pistol Association v. Bruen.... Last February in United States v. Rahimi, the 5th Circuit concluded that Bruen required it to reconsider decisions upholding the federal ban on gun possession by people subject to domestic violence restraining orders. By the same logic, Cardone says in an order published last week, the 5th Circuit's precedents regarding Section 922(g)(3) are no longer binding.
"[T]he Biden administration argued that the gun ban for marijuana users meets the Bruen test because it is 'relevantly similar' to colonial and state laws forbidding people to publicly use or carry guns while intoxicated. Like U.S. District Judge Patrick Wyrick, who deemed that ban unconstitutional in an Oklahoma case last February [see video], Cardone was unpersuaded by that analogy.... A 1655 Virginia law, for example, prohibited 'shoot[ing] any gunns at drinkeing (marriages and ffuneralls onely excepted)'... State laws enacted in the 19th century likewise were aimed at people who publicly carried or fired guns when they were drunk. By contrast, Section 922(g)(3) covers all cannabis consumers, including those who live in states that have legalized marijuana, even when they are not intoxicated, and it applies to private as well as public possession....
"The government also argued that Section 922(g)(3) is consistent with a purported tradition of disarming 'unvirtuous' people.... Cardone ... notes colonial-era jurist William Blackstone's distinction between 'public and private vices': While the former are subject to the 'punishments of human tribunals,' he said, the latter are subject only to 'eternal justice.' Blackstone explicitly applied that distinction to drunkenness. 'Connelly's alleged drug use more resembles private drinking than public drunkenness, casting doubt on the idea that history supports criminalizing or disarming her for this behavior,' Cardone writes....
"Cardone was equally unimpressed by the government's argument that Connelly was disqualified from owning guns because she was not 'law-abiding'.... [M]arijuana use ... is a nonviolent misdemeanor, and 'no one even today reads [Second Amendment history] to support the disarmament of literally all criminals, even nonviolent misdemeanants'.... Cardone is quoting a 2019 dissent that Supreme Court Justice Amy Coney Barrett wrote as a judge on the U.S. Court of Appeals for the 7th Circuit. Barrett argued that the federal ban on gun possession by people with nonviolent felony records sweeps too broadly. In making that case, she took it for granted that a nonviolent misdemeanor is not nough to justify depriving someone of his Second Amendment rights....
"Cardone also notes that Section 922(g)(3), unlike restrictions that hinge on a conviction or a judicial order, deprives people of their Second Amendment rights 'without a hearing or any preliminary showing from the Government.' They 'must choose to either stop their marijuana use, forgo possession of a firearm, or ... face up to fifteen years in federal prison'....
"[C]ases challenging the constitutionality of Section 922(g)(3) will soon be considered by three federal appeals courts: the 5th Circuit, the 10th Circuit, and the 11th Circuit. Assuming they reach different conclusions, the Supreme Court is apt to intervene, decisively settling the question of whether the right to keep and bear arms includes an exception for people who dare to consume a psychoactive substance that legislators deemed intolerable more than two centuries after the Second Amendment was ratified."
October 06, 2022 - "U.S. President Joe Biden is pardoning thousands of Americans convicted of 'simple possession' of marijuana under federal U.S. law.... Biden's move also covers thousands convicted of the crime in the District of Columbia. He is also calling on governors to issue similar pardons for those convicted of state marijuana offences, which reflect the vast majority of marijuana possession cases....
"According to the White House, no one is currently in federal prison solely for 'simple possession' of the drug, but the pardon could help thousands overcome obstacles related to renting a home or finding a job. 'There are thousands of people who have prior federal convictions for marijuana possession, who may be denied employment, housing or educational opportunities as a result,' he said. 'My action will help relieve the collateral consequences arising from these convictions.'
"The pardon does not cover convictions for possession of other drugs, nor charges relating to producing or possessing marijuana with an intent to distribute. Biden is also not pardoning non-citizens who were in the U.S. without legal status at the time of their arrest....
"The U.S. Department of Justice is working to devise a process for those covered by Biden's pardon to receive a certificate of pardon, which they can show to potential employers and others as needed. 'The Justice Department will expeditiously administer the president's proclamation, which pardons individuals who engaged in simple possession of marijuana, restoring political, civil, and other rights to those convicted of that offence,' the department said in a statement. 'In coming days, the Office of the Pardon Attorney will begin implementing a process to provide impacted individuals with certificates of pardon.'
"Biden is also directing the secretary of health and human services and the U.S. attorney general to review how marijuana is scheduled under federal law. Rescheduling the drug would reduce or potentially eliminate criminal penalties for possession. Marijuana is currently classified as a Schedule I drug, alongside heroin and LSD, but ahead of fentanyl and methamphetamine. The White House did not set a timeline for the review....
"It remains to be seen whether governors follow Biden's lead. Erik Altieri, executive director of the National Organization for the Reform of Marijuana Laws, said extending the action to states could help millions of Americans. 'Since 1965, nearly 29 million Americans have been arrested for marijuana-related violations — for activities that the majority of voters no longer believe ought to be a crime,' he said."
U.S. voters have been signing petitions to put cannabis legalization on more state ballots this fall; but in at least one state, votes may not be counted.
August 12, 2022 - "Missourians can expect to see marijuana back on the ballot in November, this time as a constitutional amendment that would legalize recreational use and clear cannabis-related convictions. Missouri Secretary of State Jay Ashcroft announced Tuesday morning that ... a minimum number of valid signatures were obtained from six of the eight congressional districts, putting it on the Nov. 8 ballot.
"The ballot measure proposes an amendment to the Missouri Constitution that would:
Remove state prohibitions on purchasing, possessing, consuming, using, delivering, manufacturing and selling marijuana for personal use for adults over 21;
Require a registration card for personal cultivation with prescribed limits;
Allow persons with certain marijuana-related non-violent offenses to petition for release from incarceration or parole and probation and have records cleared;
Establish a lottery selection process to award licenses and certificates;
Issue equally distributed licenses to each congressional district;
Impose a 6% tax on the retail price of marijuana to benefit various programs.
"Legal Missouri 2022, the campaign backing the ballot measure, says they earned more than 214,000 verified signatures across all eight congressional districts, outpacing the 184,720 minimum needed to make the ballot."
August 12, 2022 - "On Aug. 11, the Arkansas Supreme Court ordered the Secretary of State to certify a marijuana legalization initiative for the election on Nov. 8. Votes on the initiative may not be counted pending a court ruling on the initiative’s ballot language. Responsible Growth Arkansas, the campaign behind the marijuana legalization initiative, submitted more than 190,000 signatures on July 8. The Arkansas secretary of state announced on July 29 that the campaign had submitted more than the required number of valid signatures (89,151) and would qualify for the ballot if the Arkansas State Board of Election Commissioners certified the ballot language.
"On Aug. 3, 2022, the election commissioners declined to certify the ballot title and popular names for the initiative, stating that the language was misleading. The next day, Responsible Growth Arkansas filed a lawsuit in the state Supreme Court [and] requested an expedited review because the deadline for the secretary of state to certify measures for the 2022 ballot is August 25. On August 11, the state Supreme Court ordered the secretary of state to certify the measure for the ballot. Votes on the initiative may not be counted, however, if the supreme court rules that the ballot language is misleading....
"The measure would legalize marijuana use for individuals 21 years of age and older and authorize the commercial sale of marijuana with a 10% sales tax. Adults could possess up to one ounce of marijuana. Under the amendment, businesses that already hold licenses under the state’s medical marijuana program would be authorized to sell marijuana for personal use. An additional 40 licenses would be given to businesses chosen by a lottery. The Alcoholic Beverage Control (ABC) Division of the Department of Finance and Administration would regulate the program and provide for cannabis business licensing.
"Marijuana legalization measures are certified to appear on the 2022 ballot in Maryland, Missouri, and South Dakota. Marijuana legalization measures could also appear on the ballot in Oklahoma and North Dakota. Currently, 19 states and Washington, D.C., have legalized the possession and personal use of marijuana for recreational purposes. Eleven states and D.C. had legalized marijuana through the ballot initiative process."
May 26, 2022 - "Rhode Island yesterday became the 19th state to legalize marijuana for recreational use. Gov. Dan McKee, a Democrat, signed a bill that immediately allows adults 21 or older to possess up to an ounce of cannabis in public and grow up to three plants at home. State-licensed recreational sales are supposed to start on December 1, beginning with the state's three existing medical marijuana dispensaries. The law also requires automatic expungement of marijuana possession convictions.
"'Rhode Island now joins the growing list of states that have prioritized common sense and justice over the status quo of a failed and nonsensical prohibition," said Erik Altieri, executive director of the National Organization for the Reform of Marijuana Laws. 'The approval of legalization in Rhode Island is just the latest sign that the overwhelming majority of Americans want marijuana to be legalized and that their lawmakers are becoming more responsive to this growing public sentiment.' Rhode Island legalized medical marijuana in 2006, and legislators have been trying to go further for a decade....
"As of now, public consumption of marijuana will be legal in any place where cigarette smoking is allowed. But the new law authorizes local governments to restrict or ban the 'smoking or vaporizing of cannabis in public places.'
"The law caps the number of retailers at 33, which amounts to about one store per 32,000 people.... By comparison, according to a recent report from Reason Foundation ... Colorado has one licensed retailer per 13,838 residents, and Oregon has one per 6,145. Rhode Islanders may find it easier to buy pot from black-market dealers or from stores in Massachusetts or Connecticut, both of which have legalized recreational use. Like California, Rhode Island will allow local governments to ban pot shops, but only through referendums and not in the three cities (Providence, Warwick, and Portsmouth) where medical marijuana is already being sold.
"Recreational marijuana sales will be subject to taxes totaling 20 percent: a 10 percent cannabis-specific state tax and a 3 percent local tax, plus the standard 7 percent sales tax.... Rhode Island's combined 20 percent rate is somewhat higher than the 17 percent tax in Oregon, which has had notably more success than California in displacing the black market. But Rhode Island's total tax is substantially lower than California's combined levies and the 37 percent retail excise tax in Washington.
"The day before McKee signed the Rhode Island bill, Delaware Gov. John Carney, a fellow Democrat, said he would veto a bill taking the more tentative step of eliminating civil penalties for possessing an ounce or less of marijuana.... Judging from the overwhelming support for that bill in the Delaware legislature, there are enough votes to override Carney's veto, although it's not clear whether that will happen.
"In South Dakota, meanwhile, a legalization initiative has qualified for the November 2022 ballot. Voters in that state approved legalization of recreational use in 2020, but the initiative never took effect because of a lawsuit backed by Kristi Noem, South Dakota's Republican governor. Last November, the South Dakota Supreme Court agreed that the 2020 initiative violated the state constitution's 'single subject' rule."
October 22, 2021 - "Adults in Luxembourg will be permitted to grow up to four cannabis plants in their homes or gardens under laws that will make it the first country in Europe to legalise production and consumption of the drug. The announcement on Friday by Luxembourg’s government was said to deliver fundamental changes in the country’s approach to recreational cannabis use and cultivation in light of the failure of prohibition to deter use.
"Under the legislation, people aged 18 and over will be able to legally grow up to four cannabis plants per household for personal use. Trade in seeds will also be permitted without any limit on the quantity or levels of Tetrahydrocannabinol (THC), the principal psychoactive constituent. The government said it would be possible to buy seeds in shops, to import them or buy them online....
"Justice minister Sam Tanson described the change to the law on domestic production and consumption as a first step. 'We thought we had to act, we have an issue with drugs and cannabis is the drug that is most used and is a large part of the illegal market,' she said. 'We want to start by allowing people to grow it at home. The idea is that a consumer is not in an illegal situation if he consumes cannabis and that we don’t support the whole illegal chain from production to transportation to selling where there is a lot of misery attached. We want to do everything we can to get more and more away from the illegal black market.'"
"For home-growers, the place of cultivation of their four plants will be limited to the usual place of residence, indoors or outdoors, on a balcony, terrace or garden. A legal prohibition of the consumption and transport of cannabis or cannabis products in public will be maintained and trade in cannabis or cannabis products other than seeds, whether free of charge or in return for payment, remains prohibited. Under a softening of the law, however, the consumption and transport of a quantity of up to 3 grams will no longer be considered a criminal offence, but classified as misdemeanour. Fines would be reduced to as little as €25 for possession of under 3 grams, down from €251 to €2,500 today. 'Above three grams, nothing changes, you will be considered a dealer,' Tanson said. 'Nothing changes for car drivers either: there is still zero tolerance.'"
December 13, 2021 - "Malta will this week become the first European country to legalise the cultivation and possession of cannabis for personal use, pipping Luxembourg to the post, as the continent undergoes a wave of change to its drug laws. Possession of up to seven grams of the drug will be legal for those aged 18 and above, and it will permissible to grow up to four cannabis plants at home, with up to 50g of the dried product storable.
"A vote in favour of the legislation in the Maltese parliament on Tuesday will be followed by the law being signed by the president in order for it to be enacted by the weekend, Owen Bonnici, the minister responsible, told the Guardian.
"The move by Malta, the EU’s smallest member state, is likely to be followed by reform across Europe in 2022. Germany recently announced a move to establish a legally regulated market, following announcements from the governments of Switzerland, Luxembourg and the Netherlands. A referendum in Italy is planned.... The change in approach by a number of European governments follows a decision by the UN last December to remove cannabis from a listing of drugs designated as potentially addictive and dangerous, and having little or no therapeutic use.
"The Maltese approach seeks to avoid criminalising any cannabis use while regulating to ensure harm reduction, Bonnici said. Possession of up to 28 grams will lead to a fine of €50-€100 but with no criminal record. Those under the age of 18 who are found in possession will go before a commission for justice for the recommendation of a care plan rather than face arrest. Those who consume cannabis in front of a child face fines of between €300 and €500. Beyond allowing people to grow plants at home, albeit out of sight of the public, it will be legal for non-profit cannabis clubs to cultivate the drug for distribution among their members, similar to organisations tolerated in Spain and the Netherlands. Club membership will be limited to 500 people and only up to 7 grams a day may be distributed to each person, with a maximum of 50 grams a month."
November 4, 2020 - " Marijuana and drug policy reform swept across the board in Tuesday’s elections, giving advocates a major boost as they push to end federal prohibition. Five more states legalized cannabis in some form and Oregon became the first state to legalize psilocybin mushrooms for therapy and also more broadly decriminalize drug possession. Meanwhile, voters in Washington, D.C. also approved a measure to decriminalize psychedelics in the nation’s capital....
"Arizona [v]oters passed an initiative to legalize recreational marijuana for adults 21 and older. This comes four years after voters in the state rejected a similar measure, signaling that support for the policy change continues to grow as the reform movement spreads. Under the new legalization law, adults will be able to possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use.
"Mississippi [a]ctivists overcame numerous obstacles both to qualify their now-passed medical cannabis legalization measure for the ballot.... The proposal will allow patients with debilitating medical issues to legally obtain marijuana after getting a doctor’s recommendation ... and patients would be allowed to possess up to 2.5 ounces of marijuana per 14-day period.
"Montana ... approved a measure to legalize marijuana for adult use. They also passed a separate constitutional amendment stipulating that only those 21 and older can participate in the market. The main statutory reform measure will establish a legal system of cannabis production and sales.
"New Jersey ... voters overwhelmingly approved a referendum to legalize recreational marijuana. The legislature will still have to pass enabling legislation to set up regulations for the program, but a top lawmaker recently said that a bill to accomplish that could be introduced as early as Thursday....
"Oregon ... became the first in the nation to pass separate initiatives to legalize psilocybin mushrooms for therapeutic purposes and decriminalize possession of all currently illicit drugs. Under the psilocybin measure, adults will be able to access the psychedelic in a medically supervised environment.... The decriminalization proposal will remove criminal penalties for low-level drug possession offenses. Instead, those caught possessing a controlled substance will be subject to a $100 fine or be required to complete a health assessment within 45 days.
"South Dakota on Tuesday became the first state in the U.S. to go from strictly prohibitionist to legalizing both medical and recreational marijuana. The recreational measure, which is a constitutional amendment, will make it so people 21 and older will be able to possess and distribute up to one ounce of marijuana, and they will also be allowed to cultivate up to three cannabis plants. The medical cannabis initiative will make a statutory change to allow patients suffering from debilitating conditions to possess and purchase up to three ounces of marijuana from a licensed dispensary.
"Washington, D.C. [v]oters approved a local initiative to decriminalize possession of a wide range of psychedelics, including psilocybin, ayahuasca and ibogaine.... Under the new law, possession and use of the psychedelics will be among the District’s lowest law enforcement priorities."
August 11, 2020 - "The Democratic 2020 veepstakes are over, and Sen. Kamala Harris (D–Calif.) is the winner. Joe Biden announced Tuesday afternoon that he had picked Harris to be his running mate as he seeks to become the next president of the United States.
"The good news is that it keeps Harris — who has a long and authoritarian history on criminal justice issues — far from the Department of Justice. There was some speculation that should Biden win, he would name Harris as attorney general. As American's top cop, Harris would have the potential to do much more damage than as vice president. The bad news is that it puts Harris next in line for the presidency should anything happen to Biden and sets her up nicely for a future presidential run....
"Harris — who served as a district attorney in San Francisco and attorney general of California before becoming a senator in 2016 — has a troubling history when it comes to law-and-order issues and is despised for it by many young left-of-center voters; she consistently chose to protect law enforcement prerogatives and to stonewall reform in California, beyond the minimum demands of her role as the state's top cop. That's a particular liability as Americans streets are still erupting with protests over police violence and calls for criminal justice reform."
August 3, 2020 - "By all accounts, Sean Worsley is a war hero. He earned a Purple Heart, along with a laundry list of additional military accolades, for clearing roadside bombs in Iraq. He also earned a lifetime of post-service ailments, including post-traumatic stress disorder (PTSD) and a traumatic brain injury (TBI). As a result of his injuries, Worsley was given a 100 percent disability rating from the Department of Veteran’s Affairs. He treated the worst symptoms of both injuries with medical marijuana prescribed to him legally in Arizona.
"Now, Worsley sits in an Alabama jail facing five years in the state’s notoriously violent prison system after admitting to an officer he was in possession of medical marijuana while driving through Alabama and a subsequent probation violation for missing a court date....
"Worsley's ordeal began in 2016 when he and his wife, Eboni, were arrested late one night after stopping for gas. They were traveling through the state on their way to North Carolina, where they were planning on helping Sean’s grandmother repair extensive damage to her home after Hurricane Matthew flooded her community.... District Attorney Andy Hamlin, the prosecutor in charge of Sean’s case ... said Worsley was arrested with numerous containers of marijuana, two grinders and a digital scale. The Worsleys consented to a search of their vehicle, Sean provided the officer his medical marijuana ID card and let the officer know there was pot in the car.
"He entered a guilty plea in October, 2017 and was sentenced to 60 months on probation, ordered to complete a drug treatment program and pay thousands in fees and fines. By the time he was sentenced, the Worsleys had moved from Arizona to Nevada. Sean was ordered to find drug treatment in Arizona, and he and his wife moved back to the state and lived in a month-to-month rental. His probation officer in Arizona said their housing situation did not meet the requirements of stable housing and Worsley would have to contact the courts in Alabama to come to an agreement. While they waited on that, Sean attempted to comply with the rest of his conditions.
"In February 2018, while attempting to comply with his court-ordered drug treatment, Worsley sought a drug treatment assessment from the VA. The agency denied that he needed drug treatment. Fox News was provided with a copy of the VA’s assessment, which said that Worlsey 'has legal documentation to support his use and therefore does not meet criteria for a substance use disorder or meet need for substance abuse treatment.'
"The Worsleys struggled to maintain housing and jobs as a result of the felonies they had been charged with in Alabama. Eboni lost her vehicle, and Sean had to use a program that helps homeless veterans. The VA warned Worsley that they were going to end his monthly benefits in 2019 because, unbeknownst to him, Sean had missed a February court date....
"During this time, Eboni had open heart surgery, and due to the status of his case and warrants issued for his arrest, Sean had lost job opportunities. On Sept. 8, 2019, Worsley emailed his lawyer and said he had been evicted and lost his vehicle due to the warrants against him. He said he didn’t have the money to return to Alabama at the moment.
"It was early 2020 when Sean was pulled over by police in Arizona while he was driving to Eboni’s sisters to help with some home repairs. He had marijuana with him, however, due to his job loss and lapsed VA benefits, he couldn’t afford to update his expired medical marijuana card. Arizona police didn’t think Alabama would extradite him over marijuana, according to the Appleseed’s reporting. Pickens County did want him extradited, and added the cost of his transport to his already substantial fines and fees.... Now, Worsley has been held in Pickens County jail since early 2020 awaiting transport to the state’s prison system.
"Eric Goepel, co-founder of the Veterans’ Cannabis Coalition, said. '… Sean was literally just arrested for possession of cannabis while in the state of Alabama. And they used the presence of paraphernalia to essentially enhance his charge from possession to possession with intent to sell.'"
January 24, 2020 - "Fresno may soon join the rest of California in making cannabis commercially available. So let’s reconsider the morality of marijuana.
"The basic argument for legalization ... is libertarian. The legalization of marijuana is part of a rising tide of libertarianism with regard to issues such as abortion, physician assisted suicide, pornography, and gay marriage. Libertarians allow adults to do whatever they want, as long as they are not harming others. Marijuana use can harm others: through second-hand smoke, driving under the influence, and ... Libertarians should want to find ways to minimize those harms. But for the most part libertarians want to leave people alone, even if this means allowing people to make their own mistakes.
"Paternalists disagree. Paternalists want to prevent people from harming themselves. They worry that people are not virtuous enough to choose well. They think people can be profoundly mistaken about what is good for them — and should be prevented from misusing their liberty.
"Libertarians reject this as nosy and intrusive. The libertarian argument has prevailed in California with regard to marijuana legalization. But the question still remains as to whether cannabis consumption is a wise use of freedom or a mistake. Said differently, is there anything wrong with getting high?...
"The Catholic Church teaches that recreational drug use is a 'grave offense' that 'inflicts very grave damage on human health and life.' This argument has been made in philosophical terms by Robert P. George and Patrick Lee, who argue that ... when people masturbate or get high, the body is used as an instrument to be manipulated in order to obtain pleasure. They say that masturbators and drug users express 'contempt' for their bodies. Hedonists see things differently. The hedonist’s goal is to maximize pleasure and minimize pain. This means that hedonists will want to avoid the downside of getting high.... But defenders of marijuana often argue that marijuana has less of a downside than alcohol.
"Lee and George allow alcohol use ... if used as a social lubricant to enhance social interactions. But there is a difference, they argue, between social drinking and getting drunk. Of course, ... marijuana is also a social drug. And there is a cannabis culture that includes Bob Marley, Snoop Dogg and Willie Nelson. This reminds us that culture matters. Alcohol is the drug of choice for mainstream culture, which takes the consumption of beer and wine for granted. But marijuana is (or was until recently) counter cultural, a drug for Rastafarians, rappers and hippie cowboys. A cultural analysis of marijuana shows how competing views of the drug reflect our thinking about race, culture, and class.
"This cultural divide cuts into our thinking about consciousness.... Philosophers, scientists, lawyers, and mathematicians celebrate rational thought, logic, and problem-solving. Cultures and careers that value quick wit and critical thinking will tend to emphasize sobriety and what [Andrew] Weil calls 'straight' thinking. But artists and mystics view things differently.... For the artist or mystic, there is value in in the stoned mind. Instead of logic and calculation, mysticism values intuition, sensuality, and creative insight.
"These differences in culture, religion and consciousness run deep. That’s why the libertarian solution is best. We’re going to disagree about the morality of marijuana. But as long as harm to others can be minimized, adults should be allowed to decide for themselves whether they want to get stoned or stay straight."
Andrew Fiala is a professor of philosophy and director of The Ethics Center at Fresno State: fiala.andrew@gmail.com.
March 10, 2020 - "The Canadian government touted the benefits of its legal, regulated marijuana market in comments to the United Nations recently.... The remarks were delivered last Monday to the UN Commission on Narcotic Drugs by Michelle Boudreau, director general for Health Canada’s controlled substances department. As a whole, they portray the country’s decision to legalize cannabis as a victory for public health....
"Canada passed legislation to legalize marijuana for adults in 2018, becoming the largest nation ever to do so. The move technically ran afoul of international drug treaties that still forbid marijuana legalization, but the country nevertheless proceeded with the change.
"In her remarks to the UN commission, Boudreau stopped short of encouraging other countries to legalize, which may have further rankled UN officials, but she pushed back against international concerns that legalization would endanger public health and young people.
“'The illegal market has already lost 30% of its market share, and we have seen no corresponding increase in the overall size of the market,' Boudreau said, according to a written copy of her remarks. 'This represents nearly $2 billion in sales that did not go to criminal organizations.' She added that 'initial data suggests that rates of cannabis use have not changed among youth and young adults,' nor has the country seen an increase in movement of cannabis across international borders....
"Canada’s comments were delivered less than a week after the UN International Narcotics Control Board (INCB) expressed skepticism around legalization, writing in an annual report that it 'remains concerned at the legislative developments permitting the use of cannabis for "recreational" uses.' 'Not only are these developments in contravention of the drug control conventions and the commitments made by States parties,' the UN report said, but 'the consequences for health and well-being, in particular of young people, are of serious concern.'
There are signs, however, that global drug policy could be changing soon. The international prohibition on cannabis legalization is nearly 60 years old at this point, as contained in the 1961 Single Convention on Narcotic Drugs. And many, including the president of INCB itself, have openly wondered whether its cannabis provisions are out of date. Discussing cannabis and synthetic drugs during a UN presentation late last month, INCB President Cornelis P. de Joncheere questioned whether blanket prohibition is still the right approach....
"Last year, the World Health Organization recommended that marijuana be removed from the most restrictive category of controlled substances under the 1961 treaty. The proposal would shift cannabis and THC to the drug convention’s least-restricted category. The UN Commission on Narcotic Drugs was set to vote on the WHO recommendation this month, but the vote has been pushed back until December."
March 13, 2020 - "A referendum to legalize both medicinal and recreational cannabis use has been approved in South Dakota.... This week the Oglala Sioux Tribe, one of the seven subtribes of the Lakota people, voted to pass a referendum that would allow cannabis on the Pine Ridge Reservation ... which, according to the Associated Press, will make it the 'only tribe to set up a cannabis market in a state where it’s otherwise illegal.'
"In its next steps, the Tribe Council will work on establishing cannabis laws and setting up a regulatory framework. According to initial plans, the tribe will not be directly involved in production or retail, but will issue licenses and institute a retail tax. The council is expected to formally discuss regulations on March 31....
"The Oglala may soon offer the only legal THC products available anywhere in the region. Cannabis is illegal not only in South Dakota, but in neighboring states as well....
"Tribe President Julian Bear Runner sees cannabis legalization as a way for the tribe to shed some of its problems related to violence and meth addiction. Without adequate federal funding, Bear Runner believes the tribe needs to think outside of the box to raise enough revenue.....
"The official results of this week’s vote will be certified by the end of the month. Voting precincts have reported 82 percent of tribe members voted to legalize medicinal cannabis while 74 percent approved recreational use. A separate proposal to legalize alcohol, which President Bear Runner recently referred to as 'poison,' failed approval by 12 points. Bear Runner referred to cannabis as a 'healing plant.'
"The move by the Oglala may challenge tribal sovereignty and attract negative attention from federal authorities. Currently, cannabis is still illegal under U.S. law though Scott James, Oglala Lakota’s attorney general, believes the federal government may have bigger issues to worry about."
March 7, 2020 - "Efforts to legalize marijuana in Mexico edged forward this week as draft legislation cleared three key committees in the Senate.
"A Supreme Court mandate had given lawmakers a deadline of Oct. 30, 2019 to legalize marijuana after declaring a ban to be unconstitutional. The government was handed a six-month extension after failing to agree a consensus, so it now has until April 30, 2020....
"This week the draft bill gained approval from the Senate committees of Justice, Health, Public Safety and Legislative Studies. The combined committees voted 26-7 in favour of the draft legislation.....
"The bill would permit Mexicans aged 18 and older to possess and cultivate marijuana for personal use. They would be able to grow up to 20 plants for recreational use, and more for medicinal use. It would also legalize commercial cannabis sales. A tax of 12% would be imposed, and some of that revenue would go towards substance abuse programs. The bill would also create a Mexican Institute of Regulation and Control of Cannabis to oversee licensing and regulation.
"The measure will now be debated and voted on next week in the plenary session of the Senate. If it gains approval, it would need to be ratified by the Chamber of Deputies and then enacted by President Andres Manuel Lopez Obrador (AMLO). AMLO campaigned on a pledge to reform cannabis laws.... However, he has recently suggested that he is only in favour of medical marijuana legalization and not recreational use.
"In 2018, Mexico’s highest court ruled in favour of two complainants who said a ban [on] marijuana impinged upon their fundamental right to personal development. That meant the Supreme Court had made five rulings on this issue and therefore passed the threshold needed to create jurisprudence, setting a precedent that all Mexican courts must now follow. The Federal Commission for the Protection against Health Risks was ordered to allow the complainants ... to use cannabis for recreational purposes and all other courts must make identical rulings, meaning marijuana is essentially legalized in the country."
February 20, 2020 - "Legalization seems to have put a damper on teens’ enthusiasm for cannabis consumption, perhaps indicating yet again that the best way to discourage teens from doing something is to get their parents into it. While cannabis use has increased in almost all age demographics across Canada since federal legalization came into force in October 2018, teenagers saw consumption decline, according to new numberts released by Statistics Canada.
"Pre-legalization, the number of teens aged 15 to 17 who reported having consumed cannabis over the past three months was just under 20 percent. Post-legalization, that number has dropped to just over 10 percent....
"A larger group of 15- to 24-year-olds also showed slightly declining rates of use, although they largely remained steady. Approximately 27.6 percent reported using cannabis within the past three months pre-legalization; post-legalization, that number had declined to 26.4 percent.....
"[A]ll other age demographics demonstrated increased cannabis use since legalization. The most dramatic bump was among 25- to 44-year-olds, who reported a 3.2 percent increase post-legalization, followed by 18- to 24-year-olds, who reported a 2.5 percent increase ... with 45- to 64-year-olds reporting an increase of users of just 1.9 percent, and seniors (those aged 65 and older) reporting a rise of just 1.8 percent."
Read more: https://www.thegrowthop.com/cannabis-news/teen-cannabis-use-is-on-the-decline-while-adult-use-is-increasing-overall-statscan
March 3, 2020 - "And now, Denver is finding similar results.
"City officials surveyed 537 teenagers in 2019, so they could statistically measure how their High Costs campaign — a youth marijuana education program — affected consumption habits. According to the results, 81% of Denver teens ages 13-17 say they don’t currently use marijuana. Only 18% of male adolescents in that age range reported using marijuana, down from 27% in the previous year’s survey."
Read more: https://thefreshtoast.com/cannabis/more-than-80-of-denver-teens-dont-smoke-marijuana/
February 24, 2020 - "Cannabis is legal in Canada, but not everyone is happy about it. Wannabe Conservative Party of Canada leader Peter MacKay revealed in a recent interview with the Kelowna Daily Courier that he does not support the legalization of cannabis, which came into force in Canada in October 2018, and that the drug should have been decriminalized instead.
"Editor James Miller asked McKay if he agreed 'with the legalization of cannabis.' 'I don’t,' responded MacKay. 'It should have been de-criminalized and that’s where our government was heading on the advice of the Canadian Police Association and chiefs of police. Bringing in a phased-way with decriminalization would have been far preferable.'
"MacKay said his concerns lie with the drug’s potential effect on youth and those with mental illnesses and criticized the Liberal government’s policy and procedures with regard to cannabis legislation.... 'It was forced. The entire issue was rushed. I believe it wasn’t the highest priority for an incoming government. It was the back-of-a-napkin promise that the current prime minister had made. I believe we have jumped the shark on that issue.'
"MacKay added that 'more emphasis on protecting people from other drugs, fentanyl and oxycontin has to be part of any plan that’s there for public health reasons.' However, he did not elaborate on how he would protect Canadians from those drugs.
"MacKay also criticized the fact that the 16-month-old legal cannabis industry has yet to displace the illicit market, which has existed for decades. 'The promise that it (legalization) was going to reduce the black market has been a complete failure,' he said. 'There’s now simply more marijuana available to more people, including young people. I don’t think that’s the most productive and highest priority that a government could pursue,' he added.
"Recent figures show, however, that young people are consuming significantly less of the drug since it was federally legalized.
"It is certainly not the only time politicians have made negative comments regarding cannabis, including those by ex-Conservative MP Julian Fantino. Fantino once compared legalization to murder, telling the Toronto Sun, 'I guess we can legalize murder, too, and then we won’t have a murder case' in 2004, and stating that he was 'completely opposed to legalization of marijuana' in 2015....The latter now sits on the board of Canadian cannabis producer Aleafia Health."
