Bill Banning Wrongful DUI Cannabis Arrests, Interstate Marijuana Commerce Puts CA In Jeopardy And More

Zinger Key Points
  • California's AG Rob Bonta said that interstate marijuana sales would expose California to substantial legal risks.
  • A push to protect MMJ patients from being arrested unless there is an evidence of intoxication is advancing through PA legislature.
  • In Florida, a potential ballot initiative to legalize medical marijuana home cultivation has been withdrawn by its organizer.

California AG Warns Of Major Risks Of Interstate Marijuana Sales

California’s Attorney General Rob Bonta made it clear on Tuesday that authorizing the exportation of marijuana by legal cannabis companies would expose the Golden State to substantial legal risks.

In a legal opinion sent to state cannabis regulators, Bonta said that if California were to permit interstate cannabis sales, the federal government could initiate legal action against the state.

"We are not in a position to make political or economic predictions about whether the United States or another party would be likely to sue," according to Bonta's opinion prompted by a request from the California Department of Cannabis Control (DCC) Director Nicole Elliott, earlier this year.

Gov. Gavin Newsom (D) signed SB 1326 from Sen. Anna Caballero (D-Merced) last year, which set up a framework for interstate commerce.

Pennsylvania Moves To Protect MMJ Patients From DUI Arrests

A pair of measures to protect medical cannabis patients from being charged with impaired driving by the police unless there is concrete evidence of intoxication is advancing through the Pennsylvania legislature reported Marijuana Moment.

Sen. Camera Bartolotta's (R) Senate Bill 363 got the green light from the members of the Senate Transportation Committee with amendments last week.

"Pennsylvania’s “zero tolerance” driving under the influence (DUI) law does not contemplate the difference between medicinal and recreational use of marijuana," the bill's memo stipulates. "Because of this, unimpaired patients currently face the risk of being arrested, prosecuted and convicted for using medicinal marijuana that has no bearing on their ability to drive a vehicle."

House version of the legislation, House Bill 983 from Rep. Christopher Rabb (D), was approved as well, by the chamber's Transportation Committee.

The effort seeks to amend the state's medical cannabis law, which currently allows authorities to detain and charge patients for operating a vehicle under the influence of marijuana, without proving that they are impaired.

"In 2016, we legalized the use of medicinal cannabis for a myriad of conditions. We were very careful with how the language was crafted in an attempt to avoid unintended consequences," Sen. Bartolotta said. "Since that time, it has become very obvious that we overlooked one very important aspect."

Ohio Police Departments Stand Firm On Hiring Policies Despite Cannabis Legalization

Ohio legalized recreational cannabis recently, creating a unique landscape that could potentially lead to considerable cross-border purchasing and a subsequent spike in sales following the launch of adult-use cannabis.

While discussions on the recently approved cannabis initiative, known as Issue 2, are still ongoing, several local police departments in northeastern Ohio have declared their hiring policies will remain intact.

According to cleveland.com and The Plain Dealer, Paul Shepard, the chief of police in Fairview Park is of that stance.

"I believe zero tolerance would be the best way to continue from here," Shepard said.

Cleveland officials have already eliminated pre-employment cannabis testing for many public roles, aligning with the newly enacted marijuana legalization measure. However, the move did not include police officers, firefighters or EMS workers.

"If you're going into law enforcement, you need to know that you can't use marijuana," said Jeffrey Follmer, president of the Cleveland Police Patrolmen's Association.

Florida’s Home Cultivation Campaign For Medical Marijuana Falls Short Due To Lack Of Funds

Meanwhile, in Florida, a potential ballot initiative to legalize medical marijuana home cultivation has been withdrawn by its organizer. Despite the campaign raising just over $4,000, it was unable to meet the expenses required to qualify the measure, reported Marijuana Moment.

"What happened was we got an influx of signatures that were going to be late, which is $50 to $500 if you look at Florida law," Moriah Barnhart told Marijuana Moment in a phone interview. "I was looking at owing millions of dollars to the government."

In the meantime, a separate push to legalize marijuana, from Smart & Safe Florida, supported by the marijuana giant Trulieve Cannabis Corp., TRUL TCNNF does not include other legalization aspects such as home cultivation and promotion of social equity. The initiative, which is expected to appear on a 2024 ballot, is facing a legal challenge from state Attorney General Ashley Moody (R) in the Florida Supreme Court.

Gov. Ron DeSantis (R) has also been vocal about his opposition to legalized marijuana, stating concerns about children getting their hands on cannabis that could be adulterated with fentanyl.

Still, a recent poll by the University of North Florida (UNF) found that nearly seven out of ten registered Florida voters support a marijuana legalization initiative.

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