The Fresh Toast Marijuana Legislative Roundup: Jan. 22

Marijuana legalization reform continues to pick up steam from Kentucky to California. Last week, Congress introduced a bill to remove cannabis from the Controlled Substance List. Read all about these developments and more in The Fresh Toast’s Marijuana Legislative Roundup for Jan. 22.

National:  

California Rep. Barbara Lee introduced a companion bill to the Marijuana Justice Act that Senator Cory Booker introduced in the Senate last year to legalize marijuana nationwide and make several other changes to federal marijuana policy. The bill, introduced Jan. 17, would remove cannabis from the federal Controlled Substances Act, effectively ending marijuana prohibition at the national level, and make a number of reforms intended to benefit communities disproportionately harmed by the War on Drugs.

If enacted, federal convictions for marijuana use and possession would be expunged, marijuana offenses would no longer be grounds for deportation, and those currently serving time for such offenses would be able to petition the court for resentencing. Federal funds would be used to create incentives for states to legalize recreational cannabis, and funding would be withheld for prison construction and staffing in states with disproportionately high low-income and minority arrest rates for marijuana possession.

• Related Story: 5 Ways Cory Booker’s Marijuana Bill Could Change Everything

The act would also create an investment fund for communities that have been hard hit by the War on Drugs, providing grants for library construction, health education, and a variety of other initiatives. Booker’s bill has seen renewed interest in the wake of Attorney General Jeff Sessions rescindment of the 2013 Cole Memo, which enshrined the Obama Administration’s hands-off policy toward state legalization efforts in exchange for the states abiding by a set of eight public health and safety conditions.  

The U.S. Senate on Friday failed to pass a budget deal to fund the federal government as the prior continuing resolution expired, including the Rohrabacher-Blumenauer Amendment that has protected state medical marijuana programs from federal law enforcement since 2014. The fate of the Amendment is not yet clear, with some reports indicating that the measure has encountered opposition at the committee level. This could open up state-legal medical marijuana businesses to Justice Department action under the leadership outspoken marijuana critic Attorney General Jeff Sessions.  

California:  

On Friday, recreational marijuana sales began in Los Angeles, which overnight became the world’s largest legal cannabis market. On January 12, the city of Los Angeles started issuing licenses to existing medical marijuana dispensaries to operate with limited liability under a preliminary set of regulations rolled out in December until final rules can be put in place this year. As of Friday, the city had issued 55 such permits, which are required before a business can apply for a state recreational marijuana license.

• Related Story: California’s 5 Worst Counties for Recreational Marijuana

This has led to a concentration of recreational licenses in cities such as Sacramento and Santa Ana, where regulations were put in place early on and permits issued well in advance of the official January 1 start of legal marijuana sales. California has issued 159 permits for recreational cannabis retailers so far.   

Nevada: 

The Nevada Tax Commission unanimously voted on Jan. 17 to allow recreational dispensaries to conduct residential cannabis deliveries. The measure came as part of a regulatory package that would make permanent most of the emergency rules that have governed the state’s recreational marijuana system since the July 1 start of retail sales.

• Related Story: Nevada Marijuana Sales Soar To $37.9 Million

Under the new regulations, retailers will be permitted to deliver up to one ounce of cannabis or cannabis products to private residences. Currently, only licensed marijuana distributors are permitted to transport marijuana under state law. The rules will now go before the Legislative Commission for approval. 

Kentucky:  

A member of the Republican leadership in the Kentucky state Senate introduced a bill on Jan. 17 to legalize recreational marijuana in the state. The legislation would allow adults 21 and older to consume marijuana, and also legalize the production and sale of the plant. The bill is unlikely to pass the Senate, where it faces stiff opposition from the Republican majority.