As a pair of cannabis legalization bills wind their way through the Minnesota state legislature, advocates are hailing the legislation as a common-sense approach to reforming marijuana policy. But the sheriff of a small rural county is asking lawmakers to consider the impact of legalization on law enforcement and urging caution.

The pieces of legislation, House File 100 and Senate File 73, would allow adults aged 21 and older to purchase up to two ounces of cannabis. Adults would be permitted to possess up to two ounces of cannabis in public and up to five pounds in a private residence. Adults would also be allowed to gift up to two ounces of cannabis to another adult. The bills also permit the home cultivation of marijuana, with adults allowed to grow up to eight cannabis plants, including up to four mature plants.

The bills, which are currently in the process of being considered by numerous legislative committees in both the House and Senate, also establish a framework for the regulation of commercial cannabis production, processing and sales. The legislation tasks a new Office of Cannabis Management with the licensing and regulation of cannabis businesses and contains provisions that permit cities and counties to own and operate government-run dispensaries. In addition to cannabis cultivators, processors and retailers, the bills authorize licenses for home delivery services and temporary permits for on-site consumption of cannabis products at special events.

The legislation also includes social equity provisions including automatic expungement of records of previous marijuana-related offenses. Additionally, social equity applicants for cannabis business licenses would be given bonus points during the application scoring process.

Travis Copenhaver, a partner at the cannabis law firm Vicente LLP, said that the proposed cannabis legalization legislation includes provisions designed to ensure the Minnesota adult-use cannabis market is not dominated by large companies and incorporates the experiences of other states that have legalized cannabis.

“Legalization is always a difficult time with many unanswered questions,” Copenhaver writes in an email to High Times. “Senate File 73/House File 100 would create 12 adult-use license types, each with the goal of preventing monopolization and ensuring opportunities created are for the benefit of Minnesota and its residents.”

“As these bills continue to move forward, Minnesota has the luxury of studying the successes and failures of other states in its region, as well as its own successful medical program,” he added.

County Sheriff Urges Caution in Minnesota

Sheriff Chad Meester of Lincoln County, a rural jurisdiction in the southwestern part of Minnesota with fewer than 6,000 residents, urged lawmakers and state residents to exercise caution in the drive to legalize marijuana. In a social media post cited by the Marshall Independent, Meester implored county residents to consider arguments both for and against legalizing marijuana.

“Basically, what I’m trying to inform the public and my constituents, there needs to be in the legislature some serious, serious consideration of the pros and cons,” Meester said.

“There are some serious concerns,” about legalizing marijuana, Meester said, adding that he is concerned about the potential for an increase in impaired drivers on the state’s roadways. He also acknowledged that deputies would have challenges determining if a driver is impaired by marijuana.

“We would need training, we would need resources to deal with that,” Meester said.

Meester called for “adequate fundraising” for law enforcement agencies to successfully transition to cannabis legalization. The sheriff also said that legislation should include funding to develop a roadside test for impairment, training for drug recognition officers and other public health and safety costs.

“For me, I would like to know how the experts weigh in on it,” wrote Meester.

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Civic leaders in New York City this week promised increased action to address the proliferation of unlicensed marijuana retailers, just weeks after regulated sales of adult-use cannabis began in the nation’s most populous city. At a meeting of the New York City Council on Wednesday, officials pledged increased enforcement against unlicensed cannabis retailers and said that the state legislature is drafting new legislation to give law enforcement additional powers to shut down illicit pot shops.

“We know there is an illegal cannabis store, van or street vendor on what seems like every block in New York,” Councilwoman Gale Brewer, chair of the Council’s Oversight and Investigations Committee, said during the hearing of the council’s Committee on Consumer and Worker Protection.

“The proliferation of cannabis retailers over the last 22 months has gone almost unchecked by the city and state,” she added in a statement quoted by the Daily News. “These illegal stores, it seems to me, suck up revenue that should be going to licensed dispensaries.”

Task Force Found 1,200 Illicit Pot Shops in New York City

In December, New York City Mayor Eric Adams launched a pilot interagency task force to address the growing number of unlicensed retailers. The task force, which includes the Sheriff’s Office, the NYPD, the Department of Consumer and Worker Protection, and the Office of Cannabis Management, has identified at least 1,200 unlicensed marijuana shops in the city. Brewer said that an analysis by city council staff had revealed 11 unlicensed shops selling cannabis within a 10-block radius of the city’s first licensed retailer.

“The tidal wave of unlicensed sellers in the state’s largest market threatens to undermine – I’m afraid – the laudable effort” made by the state’s cannabis legalization law.” Brewer said.

At Wednesday’s hearing, officials with the city’s Sheriff’s Office, the NYPD, the Department of Health and other local agencies appeared to speak with council members about the number of unlicensed cannabis retailers setting up shop in the city. NYC Sheriff Anthony Miranda said that about 600 pounds of weed has been confiscated from the illicit stores, resulting in referrals for civil action and criminal prosecution.

“The task force is continuing, our operations are increasing, we are doubling – if not tripling – the enforcement that we have,” Miranda said. “We want them to know the type of enforcement that’s going on so that they understand that we’re not going away.”

State Senator Promises New Legislation

State Senator Liz Krueger, who was the lead sponsor of New York’s cannabis legalization bill in the Senate, said during a public comment period that she understands the frustration caused by unlicensed retailers. She added that lawmakers would take new action on enforcement during the 2023 legislative session.

“We are going to be implementing new, expanded laws that give the state more tools, and our police departments and our sheriffs and our marshalls,” Krueger said, adding that the unlicensed shops are “harming the entire model that we’ve been trying to build and establish across the state.”

Elliot Choi, chief knowledge officer at the cannabis and psychedelics law firm Vicente Sederberg LLP, said that illegal dispensaries must be addressed for the legal market to have a viable chance at success in New York.

“There are costs that go into obtaining and maintaining a legal cannabis dispensary that illegal dispensaries are bypassing,” Choi wrote in an email to High Times. “It creates an unfair advantage since the illegal dispensaries can sell cannabis products cheaper, especially not collecting any taxes.”

Choi also noted that unlicensed cannabis retailers pose a danger to unwitting consumers.

“Many consumers mistakenly believe the illegal dispensaries are licensed and therefore, the products they are selling are safe,” said Choi. “But that isn’t the case as the illegal dispensaries are in many instances selling unregulated products that have been shown to be contaminated.”  

Mark Sims, president and CEO of cannabis goods company RIV Capital, agreed, noting that an investigative report examining products from illicit operators in New York last year showed that illicit products being sold had a 100% fail rate under the state’s cannabis testing standards and contained dangerous toxins including heavy metals and E.Coli.

“The report highlighted one of the primary reasons it is so important for state regulators to work with local government and law enforcement to shut down illicit operations,” Sims told High Times. “It’s great to see New York City Council and law enforcement take these public health concerns seriously, and we encourage state cannabis regulators to do more to assist with these efforts to shut down the illicit market. There is certainly more work to be done here to protect consumers – but this is a step in the right direction.”

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An Illinois state lawmaker has introduced a bill that would legalize psychedelics including psilocybin, the primary psychoactive compound in magic mushrooms, for therapeutic use. The bill, dubbed The Compassionate Use and Research of Entheogens (CURE) Act, was introduced by Democratic state Representative La Shawn Ford on Wednesday. 

The bill, which Ford unveiled on the opening day of the new legislative session in Illinois, would create a regulated psychedelic therapy program that would be overseen by an advisory committee. The measure, which has been designated as House Bill 1 (HB1), also removes the criminal penalties for the personal use of psilocybin, a provision Ford said in a statement was needed to protect patients and providers. Ford noted that while existing criminal prohibitions on the drugs are rarely enforced, “formally removing them ensures that patients won’t be turned into criminals simply for seeking health, healing and wellness.”

“I’ve been seeing more and more legitimate scientific evidence, including information coming from the FDA, showing that psychedelic therapy is not only safe, but also very effective, particularly for the toughest patients for whom other treatments have not worked,” Ford said in a press release about the legislation. “At the same time, I am also hearing from patients and from their medical providers, that Illinoisans should have access to these exciting new treatment options.”

HB 1 Legalizes Psychedelic Therapies in Illinois

Under the legislation, adults aged 18 and up will be permitted to seek supervised psychedelic therapy from trained facilitators. Psychedelic compounds used under the program must be produced and tested at licensed facilities. Ford stressed that while the measure legalizes possession of psychedelics, it does not authorize any type of commercial sales of entheogenic compounds.

“I want to be clear that this is a health measure. My proposal does not allow retail sales of psilocybin outside of a regulated therapeutic setting and ensures that medicines purchased for therapeutic use at a service center must be used under medical supervision, and cannot be taken home,” said Ford. “Only licensed facilitators will be allowed to provide treatment at closely regulated and licensed healing centers, approved health care facilities, in hospice, or at a pre-approved patient residence.”

Ford noted in his statement that a growing body of research into entheogenic plants and fungi such as psilocybin is showing that the drugs have the potential to treat a wide range of mental health conditions, including depression, post-traumatic stress disorder, and anxiety. Psychedelics may also be effective treatments for neurological conditions such as cluster headaches, migraines, cancer, and phantom limbs. Psychedelic-assisted therapy is so promising that psilocybin has been given “breakthrough treatment” status designation by the FDA.

Bill Marks A New Step In Psychedelics Policy Reform Efforts

Although the bill is focused on naturally occurring psychedelic compounds, Joshua Kappel, founding partner of the cannabis and psychedelic law firm Vicente Sederberg LLP, notes that the bill’s provisions are not limited to traditionally cultivated or foraged entheogens. The difference marks a significant evolution of psychedelics policy reform efforts, which so far have resulted in two states legalizing psilocybin for therapeutic use.

“It builds off Colorado and Oregon in a very thoughtful and progressive way, including permitting synthetic varieties of the natural medicines permitted in Colorado,” Kappel writes in an email to High Times, “which is key development from a sustainability perspective.”

House Bill 1 has already gained the support of a broad coalition of medical and mental health professionals, researchers, patients, and grassroots psychedelic reform activists. Many have joined forces to form Entheo IL to lead the psychedelics policy reform efforts in Illinois.

“The push for legal access to entheogenic medicines is broad at the state level, such as in Oregon and Colorado, as well as at the federal level,” Jean Lacy, the executive director of the new group, said in a statement. “This legislation will ensure Illinois is a leader in developing the infrastructure needed for this work.” 

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Democratic Senator John Hickenlooper of Colorado on Thursday introduced legislation designed to prepare the country for national cannabis legalization, laying the groundwork for drafting regulations to govern legal marijuana at the federal level. The bill, the Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment (PREPARE) Act, directs the U.S. attorney general to develop a regulatory framework to be in place for the eventual federal legalization of cannabis by Congress, which is likely inevitable as the popularity of cannabis policy reform continues to grow.

Hickenlooper was the governor of Colorado when voters legalized recreational marijuana with the passage of Amendment 64 in 2012. A month later, he convened the Amendment 64 Task Force to provide recommendations for the establishment of regulations that set the stage for Colorado’s successful legal cannabis industry. Last month, 10 years after Amendment 64 was approved by Colorado voters, Hickenlooper revealed that he planned to introduce the bipartisan PREPARE Act to create a similar commission at the federal level. 

“A decade after Colorado pioneered marijuana legalization, Americans overwhelmingly support the same at the federal level,” Hickenlooper said in a statement from the senator’s office. “This bipartisan, bicameral framework, based on Colorado’s Amendment 64 Task Force, will replicate our success nationally.”

Companion Measure To House Bill

Hickenlooper’s legislation is a companion bill to a House version of the measure sponsored by Representative Dave Joyce, a Republican from Ohio.

“I’m thrilled that the PREPARE Act has been introduced in the Senate, making it not only further bipartisan, but bicameral, and bringing it one step closer to becoming law,” said Joyce. “This legislation gives lawmakers on both sides of the aisle the answers they need to effectively engage on cannabis reform, safely and effectively regulate it, and remedy the harms caused by the failed war on cannabis.” 

“With those answers, Congress can develop a much-needed federal regulatory framework that not only respects the unique needs, rights, and laws of each state, but also ensures a responsible end to prohibition and a safer future for our communities,” he continued. “I was proud to lead the introduction of this commonsense bill in the House and thank Senator Hickenlooper for advancing it in the Senate.”

The bill directs the attorney general to establish a “Commission on the Federal Regulation of Cannabis” to advise on the development of a regulatory framework, which would be modeled after existing federal and state regulations for alcohol. The 24-member commission would consist of representatives from relevant government agencies and offices, individuals nominated by Senate and House leadership and individuals nominated by other government agencies.

The legislation requires the plan developed by the commission to account for the unique needs, rights and laws of each state, and directs the commission to present the plan to Congress within one year of enactment of the PREPARE Act. The commission would not have rulemaking authority. The panel’s only role would be to develop proposals and make policy recommendations.

The regulatory framework developed by the commission would be required to include “ways to remedy the disproportionate impact cannabis prohibition has had on minority, low-income and veteran communities; encourage research and training access by medical professionals; encourage economic opportunity for individuals and small businesses; and develop protections for the hemp industry,” according to Hickenlooper’s office.

Growing Support For Cannabis Policy Reform

Hickenlooper’s bill highlights the growing support for cannabis policy reform in the United States. In October, President Joseph Biden announced he would pardon all federal convictions for simple marijuana possession, and last week a new Pew Research poll found that 90% of Americans favor legalizing cannabis in some form.

“President Biden recently—and correctly—declared the federal government’s categorical criminal ban on cannabis a failure and urged executive leadership at the state and federal levels to take concrete steps to bring about rational reform,” Shane Pennington, an attorney with the cannabis and psychedelics law firm Vicente Sederberg LLP, wrote in an email to High Times. “The PREPARE Act seeks to ready the federal government for the far broader reforms, which are now imminent. Undoing decades of inane cannabis laws and regulations will require a coordinated and concerted effort at every level of government and among countless federal agencies. The PREPARE Act would lay the necessary groundwork to ensure that the federal government carries out legalization in a fair, efficient, and effective manner.”

Khadijah Tribble, the CEO of the trade group the US Cannabis Council, said the “Biden administration’s review of cannabis scheduling, midterm ballot measures, and polling on cannabis decriminalization all signal that the end of cannabis prohibition isn’t just inevitable — it’s imminent. The PREPARE Act would help ensure that the federal government has a plan in place to ensure a smooth and responsible transition to legal cannabis.” 

“We commend Sen. Hickenlooper and his counterparts in the House for the forethought and attention reflected in the PREPARE Act’s robust legislative framework, which wisely aims to also address the unjust consequences of the War on Drugs by developing recommendations on social equity and policies that create economic opportunity for minority entrepreneurs who want to operate in the legal marketplace,” she continued. “The US Cannabis Council will continue to work with Congress to help the nation get ready for the day legal cannabis is the law of the land.” 

The PREPARE ACT is supported by a range of stakeholders and cannabis policy reform advocates including the US Cannabis Council (USCC), the City of Denver, the National Hispanic Cannabis Council, Black Cannabis Equity Initiative, VS Strategies, Vicente Sederberg LLP, Metric, National Cannabis Industry Association, and Better Organizing to Win Legalization.

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More than two-thirds of Americans are in favor of legalizing small amounts of cannabis for personal use, according to the results of a poll released on Monday. The new Monmouth University poll also showed broad support for President Joseph Biden’s recent executive order to pardon federal convictions for low-level marijuana possession and found that most Americans believe that cannabis is safer than alcohol.

“Polling from a variety of sources shows that support for marijuana legalization has been increasing consistently over the past twenty years,” said Patrick Murray, director of the independent Monmouth University Polling Institute.

The poll found that overall, 68% of respondents support legalizing small amounts of marijuana for personal use. Cannabis legalization was supported by 76% of Democrats, 73% of independent voters and 52% of Republicans. Young people showed the strongest support for legalizing marijuana, with 87% of those under 35 years old, while just over a majority (53%) of those aged 55 and older support legalization. 

Two-Thirds Support Biden’s Pardons

The Monmouth poll also showed strong support for Biden’s announcement on October 6 that he would pardon federal convictions for simple marijuana possession, with 69% of all respondents saying that they backed the president’s move.

“Biden’s action is in line with how the vast majority of Americans feel about this issue,” Murray said.

However, most were unsure about the scope of the pardons. An analysis by The New York Times determined that the pardons will affect about 6,500 people who were convicted of marijuana possession under federal law and thousands more in the District of Columbia. A quarter (25%) thought the number of convictions pardoned was less than 1,000, while a fifth (21%) thought the total was more than 10,000. One-fourth (26%) said the number was in the actual range of 1,000 to 10,000 convictions, while 29% declined to estimate.

More than half of Americans (54%) said that legalizing marijuana will have no impact on the number of crimes related to other drugs. A quarter (25%) said they believed legalizing marijuana would increase the number of other drug crimes, while 16% said that other drug crimes would decrease as a result of cannabis legalization.

Majority Believes Alcohol Is More Dangerous Than Weed

Most respondents (54%) said that they believed alcohol is more dangerous than weed, while only 7% said marijuana is more dangerous and 38% said they thought the two substances are equally dangerous. A plurality of respondents (45%) also thought pot is safer than tobacco. Only 13% said marijuana was more dangerous than tobacco and 38% said they were equally dangerous.

More than half (54%) of American adults said that they had tried marijuana, including 54% of Democrats, 51% of Republicans and 56% of independents. Those who had tried marijuana were more supportive of legalization, with 87% of those with personal experience with the plant favoring legalization and less than half (47%) of those who have never tried pot in favor of legalizing small amounts of cannabis.

Brian Vicente, founding partner of the cannabis and psychedelics law firm Vicente Sederberg LLP, believes that the strong support for marijuana legalization revealed by the new poll is likely to be reflected in next month’s midterm elections, when five states will be voting to legalize adult-use cannabis.

 “This poll is a milestone in cannabis policy, with a stunning 68% of Americans now supporting legalization. Importantly, we now have a majority of both major political parties and a broad swath of Americans regardless of age now supporting reform,” Vicente wrote in an email to High Times. 

“This research, combined with the overwhelmingly positive response to President Biden’s recent actions to pardon marijuana convictions is creating the most energized climate around cannabis reform that our country has seen in a decade,” he added. “This climate is likely to contribute to another 4 or 5 states legalizing cannabis on November 8th. All these factors will provide a boost to cannabis reformers in DC, which makes significant federal reform a real possibility this year.”

The Monmouth University Poll was conducted by telephone from October 13 to 17, 2022 with 808 adults in the United States. The results have a margin of error of +/- 5.2 percentage points for the full sample.

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