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.

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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.

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 47^th 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.

You can attend the meeting in person at the Legendary Beatnik Lounge at 61597 Twentynine Palms Hwy, Joshua Tree CA 92277 or you can attend via Zoom at https://us02web.zoom.us/j/81398162876 or call in by phone to 669-444-9171

ELECTIONS MATTER

At the Sunday, November 6 in-person and virtual zoom MAPP meeting in Joshua Tree, we are going to take a last-minute look at the 2022 midterms.

With inflation, abortion and democracy rightfully receiving the lion’s share of everyone’s attention, cannabis hasn’t gotten the attention it has in the past even though legalization initiatives are on the ballots in five states - Arkansas, Maryland, Missouri, North Dakota and South Dakota. These are fairly conservative states – only Maryland is a Democratic state. If all five vote to legalize, it will bring the total number of states that provide for recreational use to 24.

It will be very interesting to see how “liberal” these states will be when it comes to legalizing cannabis. Having these cannabis measures on the ballot will no doubt bring out a lot more younger voters. Young voters are more likely to vote Democratic so if the races are close, these votes can make a difference.

At the Sunday, May 6 meeting, you will be presented with a knowledgeable and nuanced look at what this election portends for California and the nation. On the state level we will use CaNORML’s cannabis election guide and examine the election’s up and down the state and discuss how they will affect the legal availability of cannabis.

On the national level in addition to discussing the legalization ballot initiatives, we will take a look at some of the more interesting races where the fate of cannabis on the federal level will be decided by just who wins these races.

We will also discuss the 6,500+ pardons issued by President Biden for all people convicted of possession of cannabis in violation of federal law and what it portends for future cannabis law reform on the federal level.

For those who attend in person, there will be a delightful assortment of cookies served with milk plus the chance to win some fabulous door prizes.

The in-person MAPP meeting on Sunday, Nov. 6 begins at 6:30 p.m. - note the change - the meeting is being held on Sunday rather then Saturday. It will be held at the legendary Beatnik Lounge, 61597 Twentynine Palms Hwy, Joshua Tree CA 92277.

If you can’t make the meeting in person, you can join the meeting at the following Zoom weblink: https://us02web.zoom.us/j/81398162876

Want to help us out a little. To make a donation CLICK HERE..

Marijuana Anti-Prohibition Project

BIG STEP 1 - IT WILL PROTECT YOUR JOB - EVENTUALLY

Assembly Bill 2188, which bars employers from testing hair, blood, urine or other bodily fluids for cannabis metabolites, was signed by Governor Newsom on September 18. But don't go celebrating just yet as there are some caveats that have not been widely reported. Number one is the law doesn't go into effect until Jan. 1, 2024 meaning you can still be tested and fired for OVER ONE MORE YEAR! Number 2 is that although it will protect employees from discrimination in hiring, firing or setting conditions of employment based on cannabis use off the job and away from the work place, it specifically exempts employees in the building and construction trades or positions requiring a federal background investigation or clearance. That's a lot of jobs that off-duty cannabis use can impact so we still have a ways to go.

What was so absurd is that it took California so long to pass this legislation. Six other states have already enacted employment non-discrimination legislation so California was certainly behind the 8-ball on this one. it was not for lack of trying. In 2008, the California legislature passed cannabis legislation protecting employees from termination for off-duty use of medicinal cannabis but it was vetoed by then Governor Schwarzenegger who wrote that "Employment protection was not a goal of the initiative as passed by voters in 1996." This was utter nonsense as the intent of Prop. 215 was to treat marijuana like any other legal pharmaceutical drug.

Although legislation to protect cannabis consumers from discrimination on the job was introduced in almost every succeeding legislative session, opposition from businesses, chambers of commerce, police and building trade unions and employers along with fears of pissing off the feds, stymied the bills from getting anywhere. Pressure to pass this legislation had been building for several years coming from a wide variety of constituencies including the California Democratic Party which passed a resolution in 2019 introduced by the Brownie Mary Democrats.calling on Democratic legislators to pass a bill protecting workers from employment termination for off-duty cannabis use. Needless to say, the bone tossed to the Building and Trade associations helped subdue their very considerable and vocal opposition.

The cannabis employment non-discrimination bill was among a series of cannabis-related bills passed by the 2022 legislature that expanded the legal market, addressed harms from past cannabis bans and furthers the implementation of Prop. 64. To see all the bills passed by the legislature and signed by the Governor, CLICK HERE.

BIG STEP 2 - FREE AT LAST

Whether it is crass scrambling to get young people out to vote or its truly an epiphany of rationality and justice, President Biden's executive orders to remove the albatross of felony possession convictions from around the neck of federal marijuana prisoners is a most welcome and long, long overdue action. Even though there is no one in federal prison for possessing cannabis, the 6,500 people who were convicted of possession of marijuana under federal law between 1992 and 2001 will have their records expunged and will no longer be considered felons ending their inability to get jobs, ineligibility for a host of government programs, disqualification for many state licenses and I guess should give them grounds to claim the right and begin the process allowing them to obtain guns of all types just like any other red-blooded gun-obsessed American.

In his message announcing these changes Biden recognized that "Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit." He specifically noted that "while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates. Too many lives have been upended because of our failed approach to marijuana. It's time that we right these wrongs,"

Biden also requested that the Dept. of Health and Human Services reconsider marijuana's classification as a Schedule I drug by the Controlled Substances Act. Of course I would advise against holding one's breath on that one as it probably will require an act of Congress to do that. What is so sad is that the President shouldn't have to ask for it be done - it should have already happened two years ago when the Democrats took control of Congress.  It just shows how dysfunctional they have been these last two years.

Ending cannabis prohibition should have been easy considering they hold a majority in both branches of Congress. Granted the majority they hold is about as slim a majority as possible, but they could have ended federal cannabis prohibition as there are enough Republicans who support it that a truly bipartisan coalition could have been put together to get it done.  But they didn't

Even though Biden's move is certainly a big step in the right direction, the federal government can still prosecute residents of any state for possessing, using or selling marijuana, Anyone who ever doubted the importance of ending cannabis prohibition on the state level can see the effect of states legalizing cannabis under state law. Since Colorado and Washington became the first states to legalize cannabis in 2012, the number of cannabis arrests by the feds has plummeted from almost 7,000 in 2012 to less then 1,000 in 2021 making federal marijuana arrests less then 6% of people charged for violating federal drug laws. Now that is progress and is especially felt by the 6,500 people convicted for possessing cannabis under federal laws who will be pardoned.

"Way to go Joe."

Small Step 3 - Foot In The Door

I am running for the Board of Directors of the San Gorgonio Memorial Healthcare District. Now this might not seem to have anything to do with cannabis, but since it involves me of course it does, but before I get to that, let me tell you about this elected office.

There are 85 health care districts in California. Located mainly in rural areas, their primary directive in most instances is the support and operation of a community-based hospital, such as the San Gorgonio Memorial Hospital in Banning near where I live. In addition, health care districts are supposed to be grant-making organizations that support and implement a wide range of other community-based health and wellness facilities and activities.

I am the only person running for this position who is a Registered Nurse and has had actual hands-on experience working in both hospital and community health care positions. RNs are trained to take a holistic view of our patients’ healthcare needs. They are the backbone of not just the hospital, but all of our communities’ healthcare services. An RN will provide that needed holistic view and if elected to the SGMHD I will provide that viewpoint and work to see it implemented.

This is where my knowledge of cannabis and medicine comes in. As I am sure all you know, cannabis provides significant health benefits. These health benefits do not end at the side of a hospital bed, but actually increase. Pain, insomnia and anxiety are symptoms exhibited by many hospital patients and cannabis is one of the most effective, if not the most effective, treatment for these hospital associated ailments. If a patient's doctor believes cannabis will benefit the patient's health and help get them out of the hospital, then the patient should have access to medicinal cannabis in the hospital.

Since almost all hospitals receive significant amounts of money from the feds, Medicare being just one of them, they are not allowed to have cannabis provided to their patients due to federal law. However, there have been multiple bills introduced in Congress that would remove cannabis from the Schedule of Controlled Substances, thereby ending federal cannabis prohibition which means doctors and hospitals could provide cannabis to their patients without breaking federal law and jeopardizing the vast sums of money they get from the feds.

Once federal cannabis prohibition ends, then cannabis advocates would need to pressure hospitals to allow cannabis to be provided to their patients as it is very unlikely hospitals would do this on their own volition. That is where I would come in. As a member of the Board of Directors of the San Gorgonio Memorial Healthcare District, I could put forward the proposition that cannabis be allowed in the hospital. I don’t think it would really cause that much of an uproar – in fact I think it would be accepted, but somebody has to raise the issue first. I, as an RN taking that special holistic perspective so characteristic of nurses, would be the best and most likely the only person on the Board of Directors to make it happen.

Not wanting to be on a fool’s errand, I recognize that the chances of the feds ending cannabis prohibition are slim to non-existent. All the pundits are predicting that Republicans are likely to regain control of the House and if they do, we can kiss ending federal cannabis prohibition off as, although some Republicans support it, the majority do not.

However, if by some minor miracle, Democrats retain control of the House or by a major miracle, the majority of Republicans have an epiphany and support ending federal cannabis prohibition, then I will be in position to make it happen that cannabis will be available in our local hospital. Don’t worry, I am not going to endanger my health by holding my breath waiting for that to happen, but I will be prepared if it does.

Now for the pitch that you knew was coming. Running for political office costs money and I could use a little help in the regard. $$$ are needed for printing flyers, election cards, yard and roadside signs plus advertising in a local community newspaper. My election budget approaches about a thousand dollars and if you would like to throw a few bucks my way to help with winning the election, I would surely appreciate it.

If you can help financially please make a check out to Lanny Swerdlow, RN and send it to PO Box 918, Cabazon CA 92230.

If I win, you will all be invited to my in-person and virtual victory party where cannabis consumption will be allowed and encouraged.