Governor Newsom & the Devil
Got some great news. AB 374 which would allow cannabis dispensaries with lounges to sell food and non-alcohol beverages as well as have and sell tickets for live performances and other entertainment has passed the Assembly and the Senate and is now sitting on the Governor’s desk awaiting his signature.
He has not signed it yet which is a bit troubling. Even more troubling is that he just vetoed SB 58 which would have decriminalized the possession and personal use of a short list of natural psychedelics, including “magic mushrooms." He has his eyes on the presidency in 2028 and so everything he does is influenced by that ambition.
This is why it is all the more critical that he hear from voters that he should sign this important and critical piece of legislation. AB 374 not only brings cannabis even more into the mainstream but can help the struggling legal cannabis businesses by giving them another outlet for attracting customers away from illegal sources and giving bars and taverns a run for the money with cannabis lounges being now able to offer food, non-alcoholic beverages, dancing and entertainment just like they do.
It should be noted that AB 374 was officially endorsed by the California Democratic Party. Since Newsom is a Democrat, I am sure this will have some influence on getting him to sign the bill, but the most important influence comes from you so it is important that you contact Governor Newsom now.
There are two ways to contact Governor Newsom - phone and the internet.
To phone call (916) 445-2841. Follow the prompts and you will be able to speak with an aide. Just tell the aide to let the Governor know you want him to sign AB 374. Don't have to say anymore but if you want to elaborate a little bit more go ahead. You will have to call during office hours which are Monday - Friday 9 a.m. to 5 p.m.
On the internet which can be done 24/7 go to: https://www.gov.ca.gov/contact/
On the right hand side, select send an Email and then under Select an Option chose the first one Active Bill. Then from the list of bills choose AB 374. The next box is for the purpose of your email and that is to leave a comment. Go to next page and choose Pro and in message subject put AB 374 and in message write "Please Sign AB 374." On the next page put in your name and email address and optional phone number. Click submit and sit back and congratulate yourself for doing something to make this world better and a lot more fun.
Now you are probably wondering what is this all about the devil. Well while you are calling Governor Newsom and may be on hold or why you are filling out the contact form on the Governor's website, you can enjoy this great Muppet clip of The Devil Went Down to Jamaica. Just CLICK HERE.
Thanks for taking a few minutes to contact Governor Newsom about AB 374. I really want to go to a cannabis lounge, enjoy some good food, listen to music, dance, be entertained and smoke pot. Don't you?
Lanny Swerdlow, RN LNC
New Poll - Cannabis Not Dangerous as Feds Play Catch-Up
Americans seem to be coming apart at the seams with divergent and widely polarizing positions on so many hot button issues, but on one of them, there seems to be a most definite coalescing of opinion that actually follows the science.
A new Gallup poll finds that most Americans find alcohol and tobacco to be more dangerous then cannabis and in very significant numbers.
While 76% find tobacco to be very harmful only 23% find cannabis to be very harmful. Although only 30% find alcohol to be very harmful, that is more then find cannabis very harmful. Perhaps the most telling statistic is the Not Very or No Harm category, with only 4% classifying tobacco in the Not Harmful category and 16% classifying alcohol Not Harmful, but a very robust 40% of Americans place cannabis in that Not Very/Not at all Harmful category.
What a tsunami change of opinion. Cannabis used to be seen as the Demon Weed capable of destroying lives, endangering health and driving people to rape and murder. Now the vast majority (75%) of Americans have rejected those demonizing labels and either feel cannabis is only somewhat dangerous or Not Very or No danger at all.
The poll found that the use of cigarettes remains stable at a historic low, with just 12 percent of adults saying that they’ve smoked a cigarette in the past week. Of interest is that the Gallup poll found more people smoke cannabis then tobacco with 17% of Americans currently smoking cannabis with over 50% of Americans saying they have at least tried the formerly demon weed once. It should be noted that the poll asked about “smoking” cannabis, so the total is likely considerably more then 17% as it doesn’t include those who use products that are not inhaled like edibles and oils.
Although in the case of vaccines and climate change, many Americans are not following the science, but when it comes to cannabis they are. A 2015 study conducted by researchers from the Center for Addictions Research of British Columbia at the University of Victoria and the Canadian Center on Substance Abuse at the University of Ottawa, found that health-related costs per user are eight times higher for alcohol consumers than they are for those who use cannabis, and are more than 40 times higher for tobacco smokers.
The report states, "In terms of [health-related] costs per user: tobacco-related health costs are over $800 per user, alcohol-related health costs are much lower at $165 per user, and cannabis-related health costs are the lowest at $20 per user." The study noted that "94 percent of social costs for cannabis are linked to [law] enforcement."
With this change in public opinion, the feds are beginning to play catch-up with the Biden administration’s Department of Health and Human Services recommending to the Drug Enforcement Administration that cannabis be moved from Schedule I to Schedule III under the Controlled Substances Act. If the DEA follows through on the recommendation (and the DEA doesn’t have to and may very well not) it will be the biggest change in federal drug policy in decades.
Although cannabis should not even be in the CSA (alcohol and tobacco are not listed in the CSA), schedule III puts it into the same classification as Tylenol with codeine. As much as that change is a major step in the right direction, rescheduling cannabis from 1 to 3 does not end criminalization. People can still be subject to criminal penalties for mere possession.
The move however would have a significant impact on the tax obligations of cannabis business owners as it removes cannabis from the IRS 280E tax provision which prohibits business owners from deducting business expenses from income derived from the “trafficking” of Schedule I or II substances.
No doubt there is politics involved in this move with the Biden administration hoping that this long overdue change in cannabis policy coinciding with the uptick in approval of cannabis use by millions of Americans may get young people and independents to the polls who will then vote Democratic.
Politics aside, we continue to move in the right direction thanks to all the legalization measures that have been passed by the states. It has only been 11 years since Colorado and Washington passed America’s first cannabis legalization laws and only 7 years since the big one in 2016 was passed by California voters, but the momentum of change keeps increasing. With the feds beginning to finally back-off, the light at the end of the prohibition tunnel is growing brighter and coming closer.
Marijuana Anti-Prohibition Project
https://www.marijuananews.org/
Cannabis Lounges Gone Wild
Legislation is being considered and is close to passage that will allow cannabis lounges to serve food, non-alcoholic drinks and most importantly allow for cannabis lounges to have dancing, music and entertainment just like bars and taverns.
AB 374 sponsored by Assemblyman Matt Haney will expand the activities that cannabis retailers may engage in by allowing licensed cannabis dispensaries to sell non-cannabis-infused food, nonalcoholic beverages and even tickets for live music or other performances.
This is really important as cannabis dispensaries are having difficult times competing with illegal sales which are far less costly than licensed cannabis dispensaries which pay high taxes and must comply with complex and expensive licensing requirement and regulations. In localities that have allowed dispensaries to operate consumption lounges, they are hamstrung from being able to profit from their lounge operations as current law prevents them from selling any products other than cannabis, AB 374 changes all that by allowing them to do essentially the same thing bars and taverns do which is to sell food and drink.
State law does not allow for the consumption of alcohol and cannabis at the same location. Cannabis dispensaries with lounges will have this unique ability to sell cannabis as a restaurant and entertainment facility all to themselves which will provide them with a very significant new source of revenue which illegal sellers will not be able to engage in. Cannabis lounges provide communities with multiple benefits, but the most significant in terms of health and safety is that these lounges provide an effective substitute for businesses serving alcohol.
Want to help make this happen? AB 374 has passed the Assembly and is now going to the Senate for a vote. It could meet some very significant opposition not only from the usual assortment of police and anti-cannabis foes but also a concerted attack by bars and taverns that do not want any competition to their exclusive service of food and beverages accompanied by music, entertainment and live events.
Cannabis is the only product our there that can facilitate socialization and celebration in ways that alcohol can. Alcohol establishments are well aware of this threat to their businesses from cannabis lounges and will fight this bill tooth and nail calling upon their allies like the National Restaurant Association, California Beverage Retailers Association along with alcohol distributors and producers to lobby legislators to vote against the bill.
To counter them your State Senator needs to hear from their constituents LIKE YOU asking them to vote for AB 374. It is easy to do - it won’t take more than two minutes.
To find out who your State Senator is CLICK HERE:
Enter your address and click on LOCATE:
Then click on your Senator’s name and it will take you to their website.
Scroll through the website to find out where you can send them an email and even better find their offices and call the listed phone number.
In either case, tell them to vote for AB 374. That’s all you need to say but if you want to elaborate a bit more about why they should vote for it, all the better.
This is the MOST effective way of communicating and influencing an elected official. They really pay attention when one of their constituents takes the time to go to their website to send an email or find their phone number and actually call. The alcohol industry has paid lobbyist to talk to your state senator, but they can’t vote for them and THEY KNOW YOU CAN – plus they know you might very well tell others you know to vote for them too so they really do pay attention to phone calls and emails they get from their constituents.
Their websites are open 24/7 and you can send an email anytime and call anytime as you can leave a voice message telling them vote for AB 374 if their office is closed. Take 2 minutes and do it and before long you will be able to go down to your neighborhood cannabis lounge with your friends, kick back and celebrate with your favorite cannabis product with good food, beverages while enjoying music, dancing and entertainment. It can happen but it is up to you to make it happen.
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Marijuana Anti-Prohibition Project
Tommy Chong Featured speaker at Cannabis Movie Premiere
As if a premiere of a cannabis movie at Hollywood's TCL Chinese Theater is not enough, there is now the special added attraction of a presentation by Tommy Chong - one half of the storied comic team of Cheech and Chong and their fabled pot films such as Up In Smoke which changed the narrative of marijuana as a dangerous drug to a plant that just made you kind of silly and fun. It was this change of attitude that many believe ushered in the era of cannabis reform.
This is what makes Tommy Chong's presentation so perfect for this premiere as the film is all about Oaksterdam University and Prop. 19 which also changed the narrative of cannabis legalization.This is going to be a truly special event with Tommy Chong, Dale Sky Jones and other movement luminaries. This is history in the making and you can be there. Here is the information about the film and the event including a link that will allow you to buy tickets for this bucket list celebration.
This is a bucket list event - the premiere showing at Hollywood's TCL Chinese movie theater of an amazing documentary film chronicling one of the most significant legacies of the cannabis legalization movement.
Cannabis in America has had an evolution of epic proportions over the last decade and filmmakers Dan Katzir and Ravit Markus were there to record it. They spent 10 years following a "small group of concerned committed citizens" (per Margaret Mead) who opened Oaksterdam University and in 2010 fought to get Prop. 19 - a measure to legalize cannabis - on the ballot in California, thus bringing this taboo topic to the mainstream.
Among those rebels are Oaksterdam University founder Richard Lee, who after becoming a paraplegic, discovered cannabis provided him better relief than some traditional medications, and Executive Chancellor Dale Sky Jones, a woman with a heartbreaking past, who found her voice and calling after becoming part of the Oaksterdam family.
From facing public scrutiny and international press to withstanding a federal raid that threatened it all, their roller coaster ride towards legalization is as tense it is inspiring. A true American tale, their fight serves as a reminder of how democracy can work when people come together. The documentary is not just an important historical chronicle, but also a lesson on how change transpires in this country.
It is a a great film documenting a pivotal point in the history of cannabis and its path to finally reclaiming its status as one of the most important plants in human history. Being able to see the film at American Pot Story's premiere showing at the TCL Chinese movie theater, 6925 Hollywood Boulevard, Hollywood, CA, 90028 with it's world famous Hollywood movie stars' hand prints in the cement in the theater's courtyard, will make it even more special - an event you will be telling everyone you know that you were there.
The premiere is on Thursday, June 29 beginning with a Red Carpet welcoming at 6:30 p.m. and the screening of the film at 7 p.m. followed by a question and answer session with the filmmakers and cast. Be sure and bring your camera to have your picture taken with them. Best of all it is followed by a private after-party at Teddy's Lounge in the Hollywood Roosevelt Hotel. Tickets are only $22 and include admission to the Red Carpet welcome, the screening of the movie, the question and answer session and the After-Party. To purchase tickets, CLICK HERE.
You're Invited - American Pot History movie premiere
This is a bucket list event - the premiere showing at Hollywood's TCL Chinese movie theater of an amazing documentary film chronicling one of the most significant legacies of the cannabis legalization movement.
Cannabis in America has had an evolution of epic proportions over the last decade and filmmakers Dan Katzir and Ravit Markus were there to record it. They spent 10 years following a "small group of concerned committed citizens" (per Margaret Mead) who opened Oaksterdam University and in 2010 fought to get Prop. 19 - a measure to legalize cannabis - on the ballot in California, thus bringing this taboo topic to the mainstream.
Among those rebels are Oaksterdam University founder Richard Lee, who after becoming a paraplegic, discovered cannabis provided him better relief than some traditional medications, and Executive Chancellor Dale Sky Jones, a woman with a heartbreaking past, who found her voice and calling after becoming part of the Oaksterdam family.
From facing public scrutiny and international press to withstanding a federal raid that threatened it all, their roller coaster ride towards legalization is as tense it is inspiring. A true American tale, their fight serves as a reminder of how democracy can work when people come together. The documentary is not just an important historical chronicle, but also a lesson on how change transpires in this country.
It is a a great film documenting a pivotal point in the history of cannabis and its path to finally reclaiming its status as one of the most important plants in human history. Being able to see the film at American Pot Story's premiere showing at the TCL Chinese movie theater, 6925 Hollywood Boulevard, Hollywood, CA, 90028 with it's world famous Hollywood movie stars' hand prints in the cement in the theater's courtyard, will make it even more special - an event you will be telling everyone you know that you were there.
The premiere is on Thursday, June 29 beginning with a Red Carpet welcoming at 6:30 p.m. and the screening of the film at 7 p.m. followed by a question and answer session with the filmmakers and cast. Be sure and bring your camera to have your picture taken with them. Best of all it is followed by a private after-party at Teddy's Lounge in the Hollywood Roosevelt Hotel. Tickets are only $19 if purchased by June 21 and include admission to the Red Carpet welcome, the screening of the movie, the question and answer session and the After-Party. To purchase tickets, CLICK HERE.
Illegal Sales? Do You Know Where They are?
The cannabis industry is on the ropes because of the competition from illegal sales of cannabis which do not pay the usurious taxes and don’t have to jump through all the legal hoops and pay all the outrageous license fees and other hassles that legal sellers must.
It is estimated that 2/3rds of all cannabis sales are illegal. Not surprising considering how much less it can be sold for. Another reason such a big criminal market is still in operation is because 75% of all the cities and counties in California have banned its commercial cultivation, manufacture and distribution meaning that their residents must either drive a lot of miles to a locality that allows its sale or, more likely, continue to deal with criminals.
Buying from an illegal source has its perils as the product they sell is usually not tested which means the buyer has no idea of its THC and other cannabinoid percentages as well as pesticides and other contaminants. We didn’t worry about that when it wasn’t legal, so why start worrying about it now.
There is also the romance of it. Always had kind of an excitement dealing with “criminals” – meeting in bars, homes, parks etc. Defying the powers that be - doing your own thing – giving the finger to the police and the puritans that goaded them to arrest us. You got what you wanted and then you would slink off with your prized purchase to enjoy your “taboo” substance.
Of course, there was always the chance of being arrested. Not that it was much of a traumatic experience after 1975 when California decriminalized marijuana with just a $100 fine if you were apprehended with less than an ounce in your possession. But if you had more and especially the dealers you bought from – lives were ruined with a criminal record.
So here we are almost 7 years after legalization and the criminal market is as strong as ever – maybe stronger as cannabis consumption has gone up since it was medically legalized in 1996 and fully legalized 20 years later in 2016.
The only difference, and it is a big difference, is that the wholesale price of cannabis has plummeted. Before legalization in 2016, cannabis was selling for upwards of $2,000 a pound. Now it is down to $500 a pound and even less.
Unfortunately the retail price of cannabis in the legal dispensaries hasn’t come down as much as the wholesale price has. I really don’t know what the retail price the illegal sellers are peddling, but I am fairly confident that the price has not come down in proportion to the wholesale price either. No doubt, however, the illegal price is considerably less then the legal price with all its taxes and expensive onerous regulations.
The question that has been puzzling me is where all these illegal sales are taking place. I know in the Bay Area, there are “seshes” with vendors selling cannabis illegally that spring up in various locations for a couple days and then disappear only to open up somewhere else. I have spoken with people in Los Angeles and in the IE who should know where they might be operating, but no one seems to know.
There may be a dozen or so in the Bay Area. In Los Angeles, radio station KCRW released a story back in 2019 about a couple seshes, but no one seems to know where they are now. In any case even if there were dozens of seshes operating, there is no way they are capable of providing cannabis to the literally millions of cannabis consumers in the Bay Area and metropolitan Los Angeles. There has to be a thriving illegal market consisting of something like the pre-legalization dealer network if not the exact same old dealer network that never went away due to usurious taxation and regulatory system of the legal market as well as the bans on legal sales in most of the state that was set-up post Prop. 64 passage in 2016.
I have not seen any news articles about how the criminal network of dealers is operating. Are there seshes operating? I can’t believe for a minute that the police don’t know about them if they are operating especially with all their informants and I am sure some very disgruntled neighboring businesses. That is why I feel they are not in the IE because I have never heard of single one being busted.
Speaking of marijuana busts, when was the last time you heard of an illegal dealer being arrested? I am sure it happens, but considering how many illegal dealers must be out there to provide upwards of 2/3rds of all cannabis sales, a person dealing pot is probably safer from being arrested then a tax-cheating, philandering, corrupt billionaire.
I have spoken with a number of cannabis movement folks and although they seem fairly well-versed on the illegal cultivation market, they don’t really know much about how the illegal market is operating. I have only spoken with one person who could tell me about seshes and he is in the Bay Area where they appear to be pretty brazen. It is interesting to note that perhaps one of the reasons, at least for San Francisco, is because SF voters passed an initiative many years ago making cannabis enforcement the lowest priority for police so by law, they do not do much about seshes or dealers. As for other areas nobody else could tell me the location of a single sesh.
How and where are all these illegal sales to consumers being made? Is it the same old dealer network as before legalization or is it some new iteration? I have not seen any articles on how and where people are currently obtaining cannabis illegally. There is work to be done in the state legislature and with local county boards and city councils to solve the legal cannabis industry’s problems and it would be helpful to know just what is really going on in the criminal market.
What do you think? What do you know?
New Cannabis Laws
Mark Twain is reported to have said that “No man's life, liberty, or property are safe while the legislature is in session.” That was triply true for cannabis consumers until Prop. 215 and especially Prop. 64 was passed. Now when the legislature is in session, the cannabis bills that it passes are mostly beneficial in making Prop. 215 and Prop. 64 better.
The California legislature was pretty much favorable to cannabis consumers as you can see from the review of new cannabis laws that were enacted in 2022. It doesn’t mean that we don’t have a further road to travel, especially in regards to taxation, licensing and local bans, but if I had told you that the following laws would be enacted ten years ago, you would have rightfully been wondering what I had been drinking.
Employment Protections
This long overdue and many times previously attempted, but never quite made it legislation to protect cannabis consumers from being terminated or not being hired because of off-the-job cannabis use has finally been codified with AB 2188. The new law specifically prohibits employers from using drug tests that detect cannabis use based on the presence of cannabis metabolites – the fabled and flawed pee-in-a-cup test that cannot recognize the difference between cannabis use an hour ago and a week ago.
As if it hasn’t been long enough that employees have been subjected to this humiliating and useless test, the law will not go into effect until January 1, 2024. Unfortunately, even after the law goes into effect, employers who are required under federal law to conduct drug screens are exempt.
Cannabis Health Laws
AB 1954 prevents the denial of medical services based on a patient’s use of cannabis as well as specifically allowing physicians to treat them without fear of losing their license. The law states that “the use of medical cannabis that has been recommended by a licensed physician shall not constitute the use of an illicit substance” even though it is still considered an illegal drug under federal law. Just to make sure medical marijuana patients get the medical treatments they need, the legislation further specifies that “a physician and surgeon shall not automatically deny treatment or medication to a qualified patient based solely on a positive drug screen for THC.” The bill was sponsored by CaNORML.
Although patients in hospices were permitted to use non-smoked cannabis products under SB 311 which was passed in 2021 and known as Ryan’s Law, SB988 makes it clear that the use of cannabis by terminally ill patients is permissible in California even though cannabis remains illegal under federal law.
Cannabis Health Law for Fido and Fluffy
Although cannabis has been legal for human use under Prop. 215 since 1996, it has remained verboten for all other animals. AB 1885 will now allow veterinarians to recommend cannabis for all animals, other than humans, without fear of having their license revoked or negatively impacted by the Veterinary Medical Board.
Cannabis Consuming Parents Protected
Prop. 64 protected parents from having their children removed solely because of their use of cannabis medically as it states that “The status and conduct of a qualified patient who acts in accordance with the Compassionate Use Act [Prop. 215/medical marijuana] shall not, by itself, be used to restrict or abridge custodial or parental rights to minor children in any action or proceeding under the jurisdiction of family or juvenile court.”
AB 295 extends the protection to recreational users by directing that “when a social worker is investigating an alleged case of child abuse or neglect, a parent’s or guardian’s use or possession of cannabis is treated in the same manner as a parent’s or guardian’s use or possession of alcohol and legally prescribed medication.”
Getting Old Cannabis Law Violations Off Your Back
Although Prop. 64 was passed in 2016 and mandated that past non-violent cannabis convictions were to be expunged from a person’s criminal record, many convictions continue to remain and cause problems getting jobs, government benefits and more due to the slow and tepid review processes under taken by state and local governments. AB 1706 is an attempt to speed the process up.
Cannabis Delivery Protected
Although the Bureau of Cannabis Control permits licensed cannabis retailers to deliver cannabis regardless of a local ban on sales, it has been vociferously opposed by the police and their allies in the League of California Cities. As a consequence, there are lawsuits under review and others being considered to gut the BCC regulation allowing deliveries anywhere. This entire issues showcases how complex and convoluted access can be. The Reason Foundation has put together a very detailed article about the entire situation - to check it out CLICK HERE.
The fact is it is just about impossible for local governments to stop deliveries. They are not going to have a check station where all delivery tucks must go to make sure they are not delivering cannabis nor will they station a cop on every block watching to apprehend any and all delivery drivers to see if they are delivering cannabis. I guess they could do some sting operations and order some cannabis and then cite the driver for a code violation, but as far as I know that has not happened.
In any case SB 1186 gives the legislatures’ stamp of approval for deliveries anywhere in the state as long as it is for medical purposes. So along with being able to grow more than six plants and being able to consume cannabis if you are under 21, having cannabis delivered to your home would be allowed if you had a doctor’s recommendation to use cannabis. Don’t run off right away to get that rec - for some reason this law, like the employment protection law, will not take effect until Jan. 1, 2024.
Making Money from Cannabis Cultivation
California grows way more cannabis than it consumes. Where does all the excess cannabis go? Out of state of course and that is illegal. Preparing for the overly hyped end of federal cannabis prohibition, several states that have legalized cannabis for all uses, have passed legislation that allows cannabis to be sold outside their borders if, and when, federal cannabis prohibition ends. SB 1326 allows California cultivators to do the same. For the sake of your health, it would be inadvisable to hold your breath waiting for that to happen.
Business Related Moneymaking Cannabis Legislation
AB 2210 allows businesses with liquor licenses to hold cannabis events on their premises.
AB 2155 includes “cannabis beverages” under the umbrella of edible cannabis products.
Cannabis is now big business and like any business, needs insurance and other business services. AB 2568 protects insurance and business firms from being charged with engaging in criminal actions by providing insurance or other business services to cannabis businesses.
For more detailed info from CaNORML on these new laws CLICK HERE.
Yes progress has been made, but these new laws are only a few steps further and there are more steps ahead to get where cannabis is truly accessible safely, reliably, legally and affordably. There will be new legislation introduced this year that will further enhance access by restricting cities and counties from banning, enacting more reasonable licensing and taxing regulations, allowing for consumption lounges and more. In the 2022 elections, 25 municipalities enacted ordinances allowing for cannabis businesses to operate. There were surely be more in the next election cycle. Let's keep on delivery truckin'
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New Cannabis Laws - How Will They Effect You?
Mark Twain is reported to have said that “No man's life, liberty, or property are safe while the legislature is in session.” That was triply true for cannabis consumers until Prop. 215 and especially Prop. 64 was passed. Now when the legislature is in session, the cannabis bills that it passes are mostly beneficial in making Prop. 215 and Prop. 64 better.
The California legislature was pretty much favorable to cannabis consumers as you can see from the review of new cannabis laws that were enacted in 2022. It doesn’t mean that we don’t have a further road to travel, especially in regards to taxation, licensing and local bans, but if I had told you that the following laws would be enacted ten years ago, you would have rightfully been wondering what I had been drinking.
Employment Protections
This long overdue and many times previously attempted, but never quite made it legislation to protect cannabis consumers from being terminated or not being hired because of off-the-job cannabis use has finally been codified with AB 2188. The new law specifically prohibits employers from using drug tests that detect cannabis use based on the presence of cannabis metabolites – the fabled and flawed pee-in-a-cup test that cannot recognize the difference between cannabis use an hour ago and a week ago.
As if it hasn’t been long enough that employees have been subjected to this humiliating and useless test, the law will not go into effect until January 1, 2024. Unfortunately, even after the law goes into effect, employers who are required under federal law to conduct drug screens are exempt.
Cannabis Health Laws
AB 1954 prevents the denial of medical services based on a patient’s use of cannabis as well as specifically allowing physicians to treat them without fear of losing their license. The law states that “the use of medical cannabis that has been recommended by a licensed physician shall not constitute the use of an illicit substance” even though it is still considered an illegal drug under federal law. Just to make sure medical marijuana patients get the medical treatments they need, the legislation further specifies that “a physician and surgeon shall not automatically deny treatment or medication to a qualified patient based solely on a positive drug screen for THC.” The bill was sponsored by CaNORML.
Although patients in hospices were permitted to use non-smoked cannabis products under SB 311 which was passed in 2021 and known as Ryan’s Law, SB988 makes it clear that the use of cannabis by terminally ill patients is permissible in California even though cannabis remains illegal under federal law.
Cannabis Health Law for Fido and Fluffy
Although cannabis has been legal for human use under Prop. 215 since 1996, it has remained verboten for all other animals. AB 1885 will now allow veterinarians to recommend cannabis for all animals, other than humans, without fear of having their license revoked or negatively impacted by the Veterinary Medical Board.
Cannabis Consuming Parents Protected
Prop. 64 protected parents from having their children removed solely because of their use of cannabis medically as it states that “The status and conduct of a qualified patient who acts in accordance with the Compassionate Use Act [Prop. 215/medical marijuana] shall not, by itself, be used to restrict or abridge custodial or parental rights to minor children in any action or proceeding under the jurisdiction of family or juvenile court.”
AB 295 extends the protection to recreational users by directing that “when a social worker is investigating an alleged case of child abuse or neglect, a parent’s or guardian’s use or possession of cannabis is treated in the same manner as a parent’s or guardian’s use or possession of alcohol and legally prescribed medication.”
Getting Old Cannabis Law Violations Off Your Back
Although Prop. 64 was passed in 2016 and mandated that past non-violent cannabis convictions were to be expunged from a person’s criminal record, many convictions continue to remain and cause problems getting jobs, government benefits and more due to the slow and tepid review processes under taken by state and local governments. AB 1706 is an attempt to speed the process up.
Cannabis Delivery Protected
Although the Bureau of Cannabis Control permits licensed cannabis retailers to deliver cannabis regardless of a local ban on sales, it has been vociferously opposed by the police and their allies in the League of California Cities. As a consequence, there are lawsuits under review and others being considered to gut the BCC regulation allowing deliveries anywhere. This entire issues showcases how complex and convoluted access can be. The Reason Foundation has put together a very detailed article about the entire situation - to check it out CLICK HERE.
The fact is it is just about impossible for local governments to stop deliveries. They are not going to have a check station where all delivery tucks must go to make sure they are not delivering cannabis nor will they station a cop on every block watching to apprehend any and all delivery drivers to see if they are delivering cannabis. I guess they could do some sting operations and order some cannabis and then cite the driver for a code violation, but as far as I know that has not happened.
In any case SB 1186 gives the legislatures’ stamp of approval for deliveries anywhere in the state as long as it is for medical purposes. So along with being able to grow more than six plants and being able to consume cannabis if you are under 21, having cannabis delivered to your home would be allowed if you had a doctor’s recommendation to use cannabis. Don’t run off right away to get that rec - for some reason this law, like the employment protection law, will not take effect until Jan. 1, 2024.
Making Money from Cannabis Cultivation
California grows way more cannabis than it consumes. Where does all the excess cannabis go? Out of state of course and that is illegal. Preparing for the overly hyped end of federal cannabis prohibition, several states that have legalized cannabis for all uses, have passed legislation that allows cannabis to be sold outside their borders if, and when, federal cannabis prohibition ends. SB 1326 allows California cultivators to do the same. For the sake of your health, it would be inadvisable to hold your breath waiting for that to happen.
Business Related Moneymaking Cannabis Legislation
AB 2210 allows businesses with liquor licenses to hold cannabis events on their premises.
AB 2155 includes “cannabis beverages” under the umbrella of edible cannabis products.
Cannabis is now big business and like any business, needs insurance and other business services. AB 2568 protects insurance and business firms from being charged with engaging in criminal actions by providing insurance or other business services to cannabis businesses.
For more detailed info from CaNORML on these new laws CLICK HERE.
Yes progress has been made, but these new laws are only a few steps further and there are more steps ahead to get where cannabis is truly accessible safely, reliably, legally and affordably. There will be new legislation introduced this year that will further enhance access by restricting cities and counties from banning, enacting more reasonable licensing and taxing regulations, allowing for consumption lounges and more. In the 2022 elections, 25 municipalities enacted ordinances allowing for cannabis businesses to operate. There were surely be more in the next election cycle. Let's keep on delivery truckin'
That's right - just 14¢ a day is all it takes to become a dedicated, cherished and exclusive member of MAPP's 420 CLUB. Surely it is just a pittance but your 14¢ combined with the other members of our 420 CLUB go a long way in keeping us going.
Please join today - your credit card will be automatically charged $4.20 every month. Your support would be greatly appreciated.
To join our 420 CLUB just CLICK HERE.
Hesitant to make a commitment, then a one-time donation would be much appreciated, just CLICK HERE.
Special Invitation & Election Win
You are invited to attend a virtual meeting of the Brownie Mary Democrats on Thursday, Nov. 17 at 7:30 p.m. to meet Christy Holstege who just won election to the AD47 assembly district which covers the Coachella Valley to the Pass and up into portions of the Morongo Basin.
Christy is an amazing young woman who is beginning her move up the political ladder. She was first elected to serve on Palm Springs City Council in 2017 as part of the first all-LGBTQ city council in the country. Christy was re-elected in a landslide in 2020, serving as the city’s first ever female mayor, the city’s first millennial mayor, and the first openly bisexual mayor in America.
MAPP members appeared at a Palm Springs City Council meeting way back in 2008 asking that they allow the operation of medical marijuana dispensaries as permitted by SB 420. They listened to us and then acted to become the first city in the Inland Empire to allow for medical cannabis distribution. The city continues to allow for easy access with over 2 dozen dispensaries, cultivation facilities and manufacturers.
Christy has always supported cannabis legalization and helped keep PS a hot bed of cannabis accessibility. With a Juris Doctorate from Stanford Law School, Christy can make sense of California’s byzantine cannabis laws. Now that she is an State Assemblymember she is in a position to help us secure an implementation of Prop. 64 that will make access to cannabis reliable, local, safe and most importantly AFFORDABLE. She would like to hear from us what improvements need to be made in cannabis regulations and what the state legislature can do to improve it. For more information on Christy CLICK HERE.
In addition to Christy’s presentation, there will be an analysis of the results of the election in California and the nation with a look at the two new states that passed initiatives legalizing the recreational use of cannabis. Although the outlook for repealing federal cannabis prohibition is gloomy, all is not lost and there is a pathway for ending federal prohibition that will be discussed along with some prognostications as what may happen with cannabis in 2023.
Here's the Zoom link info:
https://us02web.zoom.us/j/83592345000
Call in on your phone at 669-444-9171 - Meet ID 835 9234 5000
With trumpets blaring and drums rolling I would like to announce that I won my election to the Board of Directors of the San Gorgonio Memorial Healthcare District. I will be the only RN on the Board and will be bringing compassion and common sense values and ideas to the forefront of the discussions relating to health care services. If and when cannabis is removed from the Schedule of Controlled Substances, I will also be advocating for its use in our community hospital if a doctor believes it will be of benefit to a hospitalized patient.
Extra Special Guest at Sun. Nov. 6 MAPP meeting
The Sunday, November 6 MAPP at 6 p.m. featuring a cannabis centered look at the midterm elections has just gotten way better with the addition of special guest speaker Christy Holstege. Christy is a member of the Palm Springs City Council and the current Mayor and is a candidate for the 47th Assembly District.
Christy has been a strong supporter of cannabis legalization and has acted to make Palm Springs a hotbed of legal cannabis activity with over two dozen dispensaries and associated cultivators and manufacturers. With a Juris Doctorate from Stanford Law School, she has navigated the legal quagmire of Prop. 64 so that Palm Springs continues to provide safe, reliable and legal access to cannabis. At the meeting she will make a short presentation and there will be ample time for questions. For more information about Christy, CLICK HERE.
You don’t want to miss this meeting with its nuanced look at the mid-term election in California and across the nation including an analysis of the five states that have adult-use legalization initiatives on their ballots. Plus there will be fabulous door prizes and a festive assortment of cookies and milk. For more information on the meeting CLICK HERE.
Of special interest to those who grow their own, there will be a free seed giveaway. These seeds are from plants that were grown outdoors in the Coachella Valley climate so they are acclimated for growing in the 110+ F Desert temperatures.