Know Your Herbs

Month: November 2020

The case for a pro-cannabis Attorney General, explained

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Now that the election is over and the dust has settled, we can be sure of two things: (1) cannabis was the real election night winner, and (2) Joe Biden will be the next president of the United States.

After the widespread success of cannabis legalization ballot measures on election night, cannabis advocates now have a new focus: Biden’s Cabinet.

Serving as the President’s advisory board, the Cabinet consists of the Vice President and 15 executive department heads. Biden has already begun announcing his selections, making key diplomatic, national security and economic nominations, and those choices could have a profound and far-reaching influence in shaping the cannabis policy landscape.

One position of particular relevance to the cannabis industry is the Attorney General. NORML, a national legalization advocacy group, wrote an open letter to President-elect Joe Biden demanding he appoints an Attorney General that will respect state-level cannabis laws, acknowledge the failures of cannabis criminalization, and work to end prohibition.

So what exactly does the Attorney General do, and why do cannabis advocates care who occupies this powerful appointed position?

What does the Attorney General do?

The Attorney General serves as the head of the US Department of Justice and is the chief law enforcement officer of the United States. The Attorney General represents the US in legal matters, provides legal advice to the President and executive department heads, enforces federal law, oversees civil rights, federal prisons and penal institutions, and supervises US attorneys and marshals.

Similar to all cabinet positions, the Attorney General is nominated by the President and confirmed by the US Senate. There are no term limits for the Attorney General, but since the President has the power to appoint or remove the Attorney General from office at any time, attorneys general often change with a new administration.

The second highest-ranking official in the Department of Justice is the Deputy Attorney General, who assists the Attorney General and supervises the operations of the Department of Justice. Through the issuance of memos, past Deputy Attorneys General have played an important role in defining how the Department of Justice interacts with the legal cannabis industry. For example, in 2009, Deputy Attorney General David W. Ogden wrote a memo directing US Attorneys not to focus federal resources on those using medical cannabis legally under existing state law.

How can the next Attorney General shape the cannabis industry?

As a part of the executive branch, the Attorney General is not involved in the writing and passing of legislation, but instead is tasked with enforcing federal law. So while the future Attorney General will have little influence on the fate of key cannabis bills, such as the SAFE Banking Act or the MORE Act, they could play a major role in defining the federal government’s relationship with the existing cannabis industry and shaping how the Department of Justice enforces cannabis laws.

Three concrete actions Biden’s Attorney General could take involving the cannabis industry include: 

  1. Clarifying whether or not the Department of Justice intends to enforce federal cannabis laws. 
  2. Initiating the rescheduling or removal of cannabis from the Controlled Substances Act.
  3. Directing the Department of Justice to commute the sentences of those currently in federal prison for cannabis, and to pardon individuals with cannabis-related criminal convictions on their record.

In 2013, Deputy Attorney General James M. Cole issued a memorandum to all U.S. Attorneys stating that the Department of Justice would no longer enforce federal cannabis prohibition laws in states that legalized cannabis in some capacity. This document, famously known as the “Cole Memo,” marked a pivotal moment in the cannabis legalization movement. After decades of harsh, punitive enforcement of draconian anti-cannabis laws, the federal government was signaling that they would no longer interfere with state cannabis legalization policies.

In the years following the Cole Memo, cannabis legalization continued to expand across the country, and some stability was brought to the emerging industry — it was clear where the Obama Administration and the Department of Justice stood on cannabis enforcement. But in 2018, the Trump administration’s Attorney General, Jeff Sessions, who once said “good people don’t smoke marijuana,” rescinded the Cole Memo. This repeal initially stirred a great deal of panic and confusion, but many agree that this move had little effect on the industry and clearly didn’t deter the 11 states that have since passed legalization laws.

But there is no doubt that a cannabis-adverse Attorney General contributes to a sense of unease and turmoil within the industry. The next Attorney General could restore the Cole Memo, as Ron Carleton, former deputy commissioner of agriculture at the Colorado Department of Agriculture, argued in a 2018 op-ed.

Biden’s Attorney General could begin the process to reschedule cannabis from Schedule I to a lower schedule — a move that Biden has expressed support for — or remove it from the Controlled Substances Act (CSA) entirely. There are two ways that a substance on the CSA can be rescheduled or descheduled: through congress or through the executive branch. 

Cannabis and the Controlled Substances Act

The CSA grants authority to the Attorney General to make changes administratively, but the required process is lengthy and bureaucratic. The Attorney General cannot make changes outright to the CSA, but they can initiate the process themself and request the Secretary of Health and Human Services to conduct a review of evidence and provide recommendations. The Attorney General then reviews the recommendations from the Secretary and decides whether to proceed with making the proposed changes to the CSA.

While the Attorney General can’t reschedule or deschedule cannabis with a simple memo, they play an important gatekeeping role in any changes made to the Controlled Substances Act. The rescheduling or descheduling of cannabis could pave the way for federal legalization, more research, and a pathway for financial institutions to work with the cannabis industry.

One of the most important steps the next Attorney General could take regarding cannabis policy is directing the Department of Justice to commute the sentences of those currently in federal prison for cannabis and to pardon individuals with cannabis-related criminal convictions on their record. 

Organizations such as the Last Prisoner Project and the Drug Policy Alliance, as well as Udi Ofer, the director of the ACLU’s Justice Division, have called on Biden to take meaningful action to bring sentencing relief to those impacted by cannabis criminalization. While the majority of cannabis-related arrests and convictions occur at the state level, pardoning the records of those with federal cannabis offenses would be an acknowledgment of the failure and harms of federal cannabis criminalization

The President has the authority to pardon federal offenses, but the Department of Justice, particularly the Office of the Pardon Attorney, is tasked with reviewing, recommending, and preparing the necessary documents for the President to sign. Joe Biden supports federal decriminalization, and the automatic expungement of all prior cannabis use convictions, and the Attorney General, could be instrumental in facilitating that process.

Whoever President-Elect Joe Biden selects to serve as the next Attorney General will have a big job ahead of them. While cannabis might not seem like a priority to some politicians compared to the incoming challenges the Biden administration faces, the next Attorney General could play an integral role in bringing stability to an industry notorious for its turbulence and uncertainty by putting an end to the severe, punitive approach to cannabis enforcement, providing sentencing relief for those impacted by the War on Drugs, and ushering in a new era of sensible cannabis policy. 

It’s no wonder why cannabis advocates are demanding Joe Biden appoint a pro-cannabis Attorney General.

Featured image by Mark Poprocki/Shutterstock

The post The case for a pro-cannabis Attorney General, explained appeared first on Weedmaps News.

Source: wm

What are beasters?

Herbs

Long before cannabis prohibition came to an end in Canada in 2018, our neighbors to the north had a robust illicit market with a long tradition of outstanding cannabis cultivation, especially in the province furthest to the west, British Columbia. 

During the Vietnam War, some 30,000 conscientious objectors made their way across the US border and into Canada. At least a few of those individuals had pockets full of cannabis seeds, which were soon planted in the fertile grounds of Vancouver Island, Fraser Valley, and the Okanagan. These crops grew into high-quality, potent, and flavorful bud, aka BC Bud.

Like so many other cannabis terms specific to the culture, “BC Bud” eventually turned into the term “beasters.” 

Where’d the term “beasters” come from?

The story and origin of the beasters nickname is up for debate. Some believe that beasters aren’t grown in Canada at all, and are a cheap version of the not-very-potent, easy-to-grow, M-39 strain cultivated in warehouses operated by gangs in Asia and shipped to Canada — who then send these “no-love buds” to the U.S. 

Perhaps the epic quality of genuine BC Bud caused confusion about what a beaster actually is. Could it be the slang-term for the good stuff illicitly shipped to the U.S. from British Columbia? Is it mass-grown in a greenhouse in some rural province, or is it a general term that encompasses all Canadian weed that has made its way illegally to the US? Is it really grown in Asia and shipped to Canada?

At least in the early 1990, beasters were thought to be Canada’s version of brick weed, described as a poorly grown, badly managed and harvested indica-leaning hybrid of Northern Lights and Skunk strains. Despite the poor taste and potency, these early beasters were still an improvement to the cannabis making its way up from Mexico, which tended to be dry, full of seeds and twigs, and lacking flavor and potency.

And though beasters grew quickly and were visually appealing, they were subprime cannabis plants where growers placed making money ahead of cultivating a high-standard, potent crop — qualities for which authentic BC Bud is so well-known. 

Beasters and modern weed

In our current cannabis culture, beasters could probably be defined as middle-of-the road weed that simply comes from Canada. To the schooled eye, beasters are pretty easy to differentiate from other buds and have some predictable effects. 

Visually, beasters have few seeds or stems, as well as a nice shape and noticeable trichome crystals, as well as orange, purple, and green hues. Beasters are known for a smooth toke and decent taste that will bring on a couchlock body high true to its indica lineage. 

They’re also known to be semi-potent with THC percentages typically 15—20 percent. While these levels may not be a big deal to experienced consumers, those new to beasters will want to take it slow. 

If, in fact, beaster plants can be traced back to the M-39 strain, consumers could expect an experience that leans into its indica-like qualities. Though the strain can bring on a good mood while being super relaxing, it can bring on the munchies before putting you to sleep. 

Growers like M-39 for its relatively short (eight-to-nine weeks) flowering period, its mild aroma, and resistance to mold. When grown with care, M-39 can produce rich, resin-coated buds and a strong limonene terpene profile. 

For the cost, beasters are a decent buy. Expect to spend anywhere from $50-60 for an eighth, depending on where you live. 

Featured image by Gina Coleman/Weedmaps

The post What are beasters? appeared first on Weedmaps News.

Source: wm

New York marijuana legalization support is higher now than ever before, poll finds

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New York voters support legalizing marijuana by a nearly two-to-one ratio, according to a new poll released on Tuesday.

The Siena College survey found that 60% of registered voters in the state back legalizing cannabis, compared to 32% who oppose the reform. That’s up significantly from February, when a poll showed support for ending marijuana prohibition ahead by a margin of 55% to 40%.

The new finding is “the strongest support legalization has ever had in a Siena College poll,” the school said in a press release.

Nearly every demographic across age, party, regional and racial lines has majority or plurality support for legalizing cannabis.

As has historically been the case, those who identify as Democrats were more likely to back the policy change (63%) compared to Republicans (48%). Sixty-eight percent of independents said they favor legalization.

The only demographic surveyed where opposition exceeded support was for ideologically conservative respondents, who are against legalization, 44% to 50%.

A separate survey released last month by Spectrum News and Ipsos similarly found that 61% of New Yorkers back the reform, compared to 30% who oppose it.

Legalization could become more than an idea in the Empire State next year, as Gov. Andrew Cuomo (D) and top lawmakers have indicated that the reform will be prioritized.

Senate Majority Leader Andrea Stewart-Cousins (D) said on Monday that “it’s not so much a matter of if, it’s a matter of when and it’s a matter of how” the state legalizes cannabis for adult use.

While there are still outstanding provisions that need to be negotiated—principally concerning how tax revenue is allocated—the senator made clear that the legislature is positioned to advance the issue, especially since New Jersey voters approved a legalization referendum this month.

Cuomo said earlier this month that the “pressure will be on” to legalize marijuana in the state and lawmakers will approve it “this year” to offset economic losses from the coronavirus pandemic.

The governor has included cannabis legalization in his last two annual budget proposals, but negotiations have consistently stalled over the details. A top aide said last month that the administration plans to give it another try in 2021 and the governor confirmed in a separate recent interview that he felt the reform would be accomplished “soon.”

Election Day also gave the Senate a supermajority of Democrats, meaning they will have more leverage to pass a legalization bill as they see fit because lawmakers could potentially override a veto if Cuomo takes issue with the details of the proposal.

Featured image by Gina Coleman/Weedmaps

This article has been republished from Marijuana Moment under a content-sharing agreement. Read the original article here.

The post New York marijuana legalization support is higher now than ever before, poll finds appeared first on Weedmaps News.

Source: wm