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Oregon pot tax collections – tens of millions of dollars – are sitting in limbo

Published: May 8, 2017, 1:18 pm • Updated: May 8, 2017, 1:18 pm

By The Associated Press

PORTLAND, Ore. — Tax money collected from Oregon’s legal marijuana sales has been a rare bright spot as lawmakers fight over how to fill a $1.6 billion budget deficit.

KGW-TV reports that the state has brought in almost $75 million in tax revenue since 2016. It’s not enough to close the budget gap, but it’s a start.

But none of that tax revenue has been distributed to its intended recipients, like schools and police agencies.

That’s because of a quirk in the state law that governs legal marijuana.

It says before anyone else gets paid, the Oregon Liquor Control Commission must be reimbursed for administrative costs associated with setting up the marijuana program.

That hasn’t happened. Until it does, the tens of millions of dollars in marijuana tax revenue will just sit in a state account.
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Information from: KGW-TV

California Rep. Rohrabacher says he’ll take medical marijuana fight to Supreme Court if need be

Published: May 8, 2017, 12:51 pm • Updated: May 8, 2017, 12:55 pm

By Brooke Edwards Staggs, The Cannifornian

Rep. Dana Rohrabacher said he hopes to convince Attorney General Jeff Sessions that good people do indeed sometimes smoke pot. But if he can’t, the Republican congressman from Costa Mesa said he’ll see his longtime friend in court.

“Marijuana laws in this country have violated every basic principle this country stands for over the last 75 years. It’s time to stop,” Rohrabacher said during a roundtable talk on cannabis at UC Irvine on Friday.

“If we have to take it all the way to the Supreme Court, we will win on this.”

Though 29 states have legalized medical marijuana and eight, including California, allow recreational cannabis, the drug remains illegal at the federal level.


Rep. Dana Rohrabacher, left, gets a tour of Bud and Bloom dispensary from Kyle Kazan, a partner and board member, in Santa Ana on Friday, May 5, 2017 during a “meet and greet” and Cinco de Mayo celebration at the dispensary. (Photo by Leonard Ortiz, Orange County Register/SCNG)

Rohrabacher — who has used cannabis himself to ease arthritis and visited the Bud and Bloom dispensary in Santa Ana on Friday night after his talk — has unexpectedly become a leading figure in the fight to change that.

He co-authored the Rohrabacher-Farr amendment, which has blocked the Department of Justice since 2014 from spending money on medical marijuana prosecutions in states where cannabis is legal. That amendment became even more crucial once President Donald Trump appointed Sessions, who has said “good people don’t smoke marijuana,” sparking concerns of a renewed federal crackdown on state-legal dispensaries.

The Rohrabacher-Farr amendment was set to expire but was included in an omnibus spending bill approved Thursday to fund the federal government through September.

“I had to work really hard to make sure it was in the omnibus bill,” Rohrabacher said. “I had to run around and talk to people and twist arms.”

He was celebrating the win Thursday. But as Trump signed that omnibus bill Friday, he indicated that he might ignore Congress and instead interfere with state medical marijuana programs after all.

“It is nebulous, but nebulous doesn’t mean we’ve lost,” Rohrabacher said. “We have other forces at play — legal forces.”

He said he’s known Sessions since they were teenagers involved in conservative organizations. He said the attorney general is “an honest man and person who has got a good heart.” But he said Sessions is someone who “thinks he can help you along by telling you what to do with your personal life.”

Rohrabacher spoke with Sessions at the Capitol on Thursday, he said, and they made plans for an in-depth meeting on the cannabis issue.

He wouldn’t predict which way those talks will go. But he said if Sessions doesn’t come around and instead manages to convince Trump to go back on his campaign pledge to support medical marijuana and let state rights stand, then Rohrabacher is confident the courts will continue to back Congress’ right to determine how federal funds are spent.

“It would be a huge waste of his time and money, and why would he do that?” the congressman said.

This story was first published on TheCannifornian.com

Florida legislature fails to come to medical marijuana agreement, leaves rules to Dept. of Health

Published: May 8, 2017, 9:46 am • Updated: May 8, 2017, 9:46 am

By Joe Reedy, The associated Press

TALLAHASSEE, Fla. — Rules to enact Florida’s medical marijuana amendment went up in smoke on Friday after the Legislature failed to pass a bill.

The House and Senate agreed on most key parts of a bill putting rules in place for Amendment 2. But it collapsed on Friday when the chambers could not agree on the number of retail dispensaries that a medical marijuana treatment center can operate

The House voted 99-16 on a bill with the amended language (HB 1397) that put the limit at 100 per treatment center but the Senate, which limited it to five per treatment center, did not take it up.

It will now be up to the Department of Health to come up with rules for patients, caregivers, doctors and treatment centers by July 3 and have them implemented by October.

House Speaker Richard Corcoran blamed the Senate for the failure of legislation, complaining that they wanted to tax medical marijuana and that the Senate proposal would have forced patients to drive hours in order to get cannabis.

“To pass what they wanted had nothing to do with the will of the voters,” Corcoran said.
Senate President Joe Negron said that the chambers had different approaches on licenses and dispensaries that they were not able to reach middle ground.

Michael Bowen, who is on the Board of Directors for the Florida Epilepsy Foundation, suffered a grand mal seizure during a Senate committee hearing on April 18. He said Friday that with the legislature’s inaction those who suffer epileptic seizures are at greater risk due to lack of access to cannabis.

“I am 100 percent disgusted. They needed to get something passed. They can hammer out the finer points in future sessions,” he said.

Currently, low-THC and non-smoked cannabis can be used by patients suffering from cancer, epilepsy, chronic seizures and chronic muscle spasms. The law was expanded last year to include patients with terminal conditions and allowed them to use higher strains.

The bill would have allowed those who suffer chronic pain related to one of 10 qualifying conditions to receive either low-THC cannabis or full strength medical marijuana.

Patients could have received an order for three 70-day supplies during a doctor’s visit that they could then take to a medical marijuana treatment center. Besides oils and sprays, those centers would have been allowed to expand sales to edibles and vaping products but smoking would still be banned. It also would have added 10 more medical marijuana treatment centers by July 1, 2018.

The Department of Health held five workshops throughout the state in early February to take input on rules.
Department of Health spokeswoman Mara Gambineri said they still continue to review public comments while coming up with proposed rules. Litigation is expected over whatever rules the department comes up with, based on its prior rulemaking history.

“The legislature chose political gamesmanship over the will of 71 percent of voters,” said Florida for Care Executive Director Ben Pollara. “The House got to poke the Senate in the eye one last time, but the real losers are sick and suffering Floridians.”

Associated Press reporter Gary Fineout contributed.

Follow Joe Reedy on Twitter at www.twitter.com/joereedy. Read more of his work at https://apnews.com/search/joe%20reedy

Raids for illegal weed grows down sharply in one Colorado county

Published: May 8, 2017, 9:44 am • Updated: May 8, 2017, 10:43 am

By The Associated Press

PUEBLO — After 30 raids for illegal marijuana cultivation in Pueblo County last year, the sheriff’s department says people are getting the message, and deputies have made only one bust this year.

The Pueblo Chieftain reported Sunday deputies arrested a total of 41 people in last year’s raids, mostly from March through May.

This year’s lone raid brought three arrests.

Undersheriff JR Hall says many people didn’t understand the rules last year, but now they do.

On March 30 last year, deputies seized more than 1,900 illegal plants in five homes. Authorities estimated the street value of the plants was $7.5 million.

They say also seized weapons and $250,000 worth of equipment for making hash oil.

Hall says after those raids, the sheriff’s department began getting more tips from the public.

Trump says he reserves right to ignore medical marijuana protection provision in spending bill

Published: May 8, 2017, 4:26 am • Updated: May 8, 2017, 4:27 am

By Darlene Superville, The Associated Press

BRANCHBURG, N.J. — President Donald Trump signed his first piece of major legislation on Friday, a $1 trillion spending bill to keep the government operating through September.

The bill cleared both houses of Congress this week and Trump signed it into law behind closed doors at his home in central New Jersey, well ahead of a midnight Friday deadline for some government operations to begin shutting down.

Trump signed the bill despite his objections to numerous provisions included in the measure. One such provision prohibits the Justice Department from using any funds to block implementation of medical marijuana laws by states and U.S. territories. In a signing statement that accompanied the bill and that laid out his objections, Trump said he reserved the right to ignore the provision. He held out the possibility that the administration could pursue legal action against states and territories that legalize marijuana for medical use.

Marijuana remains illegal for any purpose under federal law. The White House previously signaled a looming crackdown on recreational pot use.

“I will treat this provision consistently with my constitutional responsibility to take care that the laws be faithfully executed,” Trump said in the signing statement, a tool that previous presidents have used to explain their positions on appropriations bills.

Other budget battles lie ahead as the White House and Congress hammer out a spending plan for the fiscal year that starts Oct. 1.

Republicans praised $15 billion in additional Pentagon spending obtained by Trump, as well as $1.5 billion in emergency spending for border security, though not for the wall he has vowed to build along the U.S.-Mexico border to deter illegal immigration, and the extension of a school voucher program in the District of
Columbia.

Trump also wants a huge military buildup matched by cuts to popular domestic programs and foreign aid accounts.

Trump also objects to provision governing the transfer of prisoners held at a U.S. facility in Guantanamo Bay, Cuba. But the White House said his objection should not be seen as a shift in policy, but as a statement of his view that the provision could conflict with his constitutional authority and duties in some circumstances.

Trump said during the presidential campaign that he wanted the detention center, known as “Gitmo,” kept open. At one point, he pledged to “load it up with some bad dudes.”

Republicans and Democrats who negotiated the spending bill in recent days had successfully defended other accounts Trump had targeted for spending cuts, such as foreign aid, the Environmental Protection Agency, support for the arts and economic development grants, among others.

The sweeping, 1,665-page bill also increases spending for NASA, medical research, and the FBI and other federal law enforcement agencies.

Trump took to Twitter earlier this week to complain about the bipartisan process that produced the measure but later changed his tone and began highlighting the spending that was added for the military and for border security. He advocated in one tweet for a “good shutdown” in September to fix the “mess” that produced the bill, but then appeared in the White House Rose Garden hours later to boast that the measure amounted to a big win for him.

In other areas, retired union coal miners won a $1.3 billion provision to preserve health benefits for more than 22,000 retirees. House Democrats won funding to give Puerto Rico’s cash-strapped government $295 million to help ease its Medicaid burden.

Associated Press writer Andrew Taylor in Washington contributed to this report.

Follow Darlene Superville on Twitter: http://www.twitter.com/dsupervilleap

Vermont marijuana legalization bills stay alive as lawmakers extend session

Published: May 5, 2017, 6:41 pm • Updated: May 5, 2017, 6:41 pm

By Cory Dawson, The Associated Press

MONTPELIER, Vt. — In the waning days of the legislative session, Vermont’s efforts to legalize marijuana appeared to have stalled. But Friday afternoon, one day before legislative leaders plan to adjourn, the Senate approved a marijuana legalization bill that they say serves as a compromise.

The legislation is nearly identical to the legalization measure the House already has passed, and key House lawmakers are behind it. Sen. Dick Sears, Reps. Maxine Grad and Chip Conquest, all Democrats and staunch legalization advocates, had been crafting the legislation during recent days.

It’s unclear when the House will take up the legislation. Lawmakers had hoped to adjourn Saturday, but Democratic House Speaker Mitzi Johnson tweeted the House would go into recess Friday and resume Wednesday.

When the House discusses the marijuana legislation, members could take a vote or attempt to send the bill to a conference committee, where House and Senate lawmakers would hash out the details in the final hours of the 2017 session.

Small amounts of marijuana would be legal to possess and grow starting in July 2018 under the bill the Senate passed Friday. In the meantime, a nine-member commission will develop a law that would tax and regulate marijuana and present it to the legislature next year.

“This is an effort, Mr. President, to compromise. To find a way for Vermont join two other New England states to have a legalized, regulated seed-to-sale system at some point in the hopefully near future,” said Sears, a key player in Vermont’s legalization effort.

Maine and Massachusetts have legalized marijuana.

Vermont senators voted 20-9 to pass the legalization measure.

“We cannot continue to stick our heads in the sand,” said Republican Sen. Joe Benning, a longtime legalization advocate.

Opposition to the bill was muted, partly because it was a foregone conclusion it would pass. Senators already approved a bill that would legalize, tax and regulate marijuana weeks ago.

Marijuana legislation isn’t the only outstanding major issue. House and Senate budget writers still are haggling over how to fund teachers’ retirement, and hanging over every lawmaker’s head is the possibility of a veto.

Republicans and Democrats are split over how to realize up to $26 million in savings due to new, cheaper health care plans for teachers mandated under the federal Affordable Care Act.

Republican Gov. Phil Scott and House Republicans narrowly lost a vote late Wednesday to pass their plan, which would force teachers to negotiate their health care benefits directly with the state.

“It was a tough vote,” said House Republican minority leader Don Turner. “My perspective now is the governor has to issue a veto threat.”

Democrats say forcing teachers to negotiate with the state infringes on teachers’ collective bargaining rights and proposed an alternate system that would keep negotiations at the local level.

But Scott said he isn’t convinced the Democrats’ plan would work and has said it would be “irresponsible” to leave the statehouse without developing a system to save the money and lower property taxes.

Scott has yet to grant House Republicans’ wish by saying he will veto the budget so as to force lawmakers into considering his plan.

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