Support for Legal Marijuana Reached Tipping Point

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For the first time, a major US poll has found that a majority of Americans support legalization of marijuana.

The Pew Research Center announced Thursday that 52 percent of Americans say that marijuana use should be made legal, versus 45 percent who say it should not. The trend line has been moving gradually in the direction of majority support for more than 20 years. In 1991, only 17 percent supported legalization, while 78 percent opposed.

As with gay marriage, which has also seen a sharp rise in support in the past few years, the Pew poll found major generational differences in views on marijuana. Among Millennials – those now aged 18 to 32 – support is at 65 percent, up from just 36 percent in 2008. Among Generation X, those born between 1965 and 1980, support has risen dramatically, from 28 percent in 1994 to 54 percent today.

Half of Baby Boomers support legalized marijuana today, and among the over-65 Silent Generation support has doubled since 2002 – from 17 percent to 32 percent.

Among other noteworthy findings in the Pew poll:

Nearly three in four Americans (72 percent) say government efforts to enforce marijuana laws cost more than they are worth.

Sixty percent say the federal government should not enforce federal laws prohibiting marijuana use in states that have legalized it. Last November, voters in Colorado and Washington state approved the personal use of small amounts of marijuana.

Some 48 percent of Americans say they have tried marijuana, up from 38 percent a decade ago.

Republicans oppose legalization, while Democrats support it. Among Republicans, it’s 37 percent favoring legalization to 60 percent opposing. Among Democrats, 59 percent say legalize it and 39 percent say don’t.

Marijuana’s image as a “gateway” drug is fading. Today, 38 percent of Americans agree that “for most people the use of marijuana leads to the use of hard drugs.” In 1977, 60 percent felt that way.

Despite the trends, those opposed to legalization are not giving up. In a column in the Washington Post, former Bush administration official Peter Wehner writes that as Republicans search for new issues to champion, fighting drug use and legalization should be one.

“Today, many parents rightly believe the culture is against them. Government policies should stand with responsible parents – and under no circumstances actively undermine them,” writes Mr. Wehner, a senior fellow at the Ethics and Public Policy Center in Washington.

“Drug legalization would do exactly that. It would send an unmistakable signal to everyone, including the young: Drug use is not a big deal.”

But in fact, Wehner writes, “the law is a moral teacher,” and government can play a role in the shaping of character. Therefore, “Republicans should prefer that it be a constructive one, which is why they should speak out forcefully and intelligently against drug legalization.”

Source: Christian Science Monitor (US)
Author: Linda Feldmann, Staff Writer
Published: April 4, 2013
Copyright: 2013 The Christian Science Publishing Society
Contact: [email protected]
Website: http://www.csmonitor.com/

Medical Marijuana Plan Hits Snag

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A North Shore couple hoping to receive one of the first licenses to produce medical marijuana under new federal regulations has run into a bureaucratic roadblock.

The Regional District of Central Kootenay last week denied a variance application to let the couple expand two outbuildings on their property to a combined 4,435 square feet ( 412 square meters ) – more than four times the maximum size allowed for a home-based business in a residential area – and increase the number of permitted employees from two to four.

One of the applicants, who spoke to the Star on condition of anonymity, explained that by applying for a variance rather than going through a rezoning process, they hoped to avoid a public hearing that would have made their location common knowledge.

“I didn’t want it put on the map where a large medical grow facility was,” he said.

They aren’t hiding the nature of their proposed business from the regional district or neighbours, he added, but do have security concerns if their address is widely advertised.

However, when the matter reached the regional district’s rural affairs committee this month, directors upheld a staff recommendation to reject the variance and suggested the applicants seek rezoning instead.

Committee chair Hans Cunningham said the decision was based both on the size of the proposed variance and their belief regulations to be introduced this year will insist that commercial medical marijuana operations be located in industrial or agricultural areas.

“I applaud [the applicants] in that they want to get a jump on what’s going on,” he said.  “But if we give them a variance and the government said ‘No, you have to be on agricultural or industrial land,’ they’re not going to get a license.  So it makes sense to do the rezoning.”

The decision followed a presentation by the proponents, who came with several letters of support from neighbours and a petition of 30 names.  ( A staff report also listed objections from other neighbours, but they mostly related to the operation’s size, not its purpose.  )

“They made a hell of a presentation,” said director Larry Binks.  “Letter perfect.  It was well written and well documented.” He was one of three directors who spoke against denying the variance, believing the subject of marijuana clouded the discussion.

The proponents had no obligation to disclose what sort of business they were planning, he noted.  Still, he too believes rezoning is the right path – but wishes the applicants had been warned at the outset the variance had little chance of succeeding.

‘EPICENTRE OF MARIJUANA’

The applicant who spoke to the Star said they’re considering their options and haven’t decided whether to apply for rezoning.  “I don’t feel I’ve been treated badly by the regional district,” he said.  “It turned out my variance was too big.  I was asking for a lot.”

Even so, they would still be among the smallest license-seekers, he said.

He also said this area is already home to a high density of marijuana grow-ops as part of an illicit “black and grey marketplace” and called the federal government’s new rules the first “white regulations,” which he hopes are the first step in legalizing marijuana for recreational use.

“This new well-regulated industry will simply absorb the black market in time as it takes the profit out of growing and selling marijuana in the black market,” he said.

“We believe Nelson is the epicenter of marijuana and that reputation can be exploited for the benefit of our entire community.  Our leaders should wake up to this fact and see that there is an incredible opportunity for our community in particular to reap huge benefits.”

He urged local politicians to welcome and encourage medical marijuana entrepreneurs with “open door policies, rules, zoning, and investment,” and avoid making decisions “out of ignorance, fear, and the propaganda they have been fed for years.”

WIDER DISCUSSION

The North Shore application, the first to reach the regional district, comes as local government considers its role in policing medical marijuana operations.

The new federal regulations – originally expected to be unveiled next month but apparently now delayed until October – are intended to license commercial production and distribution of medical pot while eliminating personal grow ops.

But a recent memo from RDCK planning staff asks how Health Canada’s procedures will mesh with the regional district’s permitting process and whether building and bylaw officers will inspect commercial operations.  It also wonders about the potential effect on neighbours and whether locations will be made public.

Staff consulted other jurisdictions and concluded the most practical solution is to focus on agricultural zones where licensed producers can operate in stand-alone buildings well away from homes.  They suggest existing operators not zoned agricultural could stay put but would be required to apply for rezoning.

The board referred the memo to its April meeting, when Kootenay Columbia MP David Wilks, who is helping draft the new legislation, will be present.

But the North Shore proponent said he’s disappointed the RDCK is “playing follow the leader” when he believes it should be setting the precedents.  “Our municipalities should be looking for ways to keep our cottage industry, by working with the new regulations for maximum Kootenay benefit,” he said.

Source: Nelson Star (CN BC)
Section: Front page
Copyright: 2013 Black Press
Website: http://www.bclocalnews.com/kootenay_rockies/nelsonstar/
Details: http://www.mapinc.org/media/4866
Author: Greg Nesteroff


New Stricter State Proposal Would Allow MMJ

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Lawmakers have introduced a measure with stricter provisions than past failed efforts to legalize marijuana sales to New Yorkers who have a “severe debilitating or life-threatening’’ health condition.

The new bill, which ends such past ideas as letting people grow their own marijuana, would have the state Health Department regulate the process, which would include allowing a certain number of private for-profits or not-for-profits to grow the plants and sell the drug under new security protocols to patients with treatment plans approved by a physician, physician’s assistant or nurse practitioner.

The measure was introduced by its past sponsors, Assemblyman Richard Gottfried, a Manhattan Democrat, and Sen. Diane Savino, a Staten Island Democrat. Savino has more political power this year as one of five breakaway Democrats who jointly run the Senate with Republicans.

The bill has 68 co-sponsors, including 10 Senate Democrats. It has previously sailed through the Assembly.

Gov. Andrew M. Cuomo has opposed the idea of medical marijuana legalization, though advocates believe he could be flexible, especially since he is already promoting a plan to relax marijuana possession laws. Eighteen states and the District of Columbia have medical marijuana laws.

Advocates say the measure will more strictly regulate the drug than prescription painkillers; patient advocates in the past have said marijuana will be cheaper, less addictive and less dangerous than many of the painkiller prescriptions they take.

The bill defines those eligible to be certified by the Health Department to obtain marijuana as someone with a “serious’’ health condition, including cancer, glaucoma, multiple sclerosis, spinal cord injuries, epilepsy, diabetes, post-traumatic stress syndrome and others.

The patient would have to be under a doctor’s supervision. Patients who a doctor believes have less than a year to live also would be eligible to buy the drug. Medical marijuana also would be listed as one of the covered drugs on a new state prescription drug tracking system intended to reduce doctor and pharmacy shopping by addicts.

Marijuana could be grown and dispensed by hospitals, for-profit companies and not-for-profit corporations, and an excise tax would be imposed on the facilities, with part of the proceeds shared with local “host’’ communities.

“The bill is much more restrictive than the New York laws regulating highly dangerous drugs like morphine, Oxycontin or Valium,’’ Gottfried said.

“Anybody who ever had a family member suffer from a debilitating disease learns very quickly the limitations of modern medicine at treating pain,’’ added Savino.

The bill’s backers include the American Public Health Association, American Bar Association, New York State Nurses Association, Pharmacists Society of the State of New York, New York AIDS Coalition, the Independence Party of New York and the Drug Policy Alliance.

Critics, including some Senate Republicans and the state Conservative Party, have said marijuana could be diverted by patients to others not eligible for the drug and that the plan sends the wrong message, especially to teenagers, about a drug some call a gateway to stronger drugs.

Source: Buffalo News (NY)
Author: Tom Precious, News Albany Bureau
Published: March 28, 2013
Copyright: 2013 The Buffalo News
Contact: [email protected]
Website: http://www.buffalonews.com/

Marijuana Task Force Issues 58 Recommendations

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Colorado’s Marijuana Task Force issued its final recommendations for how the state ought to implement Amendment 64, though the actual regulations will be made by state lawmakers. The 165-page report released Wednesday included 58 recommendations to be reviewed by the governor and state legislators.

Task Force Co-Chair Jack Finlaw, the Governor’s Chief Legal Counsel, called the report “very comprehensive” and said that it laid the groundwork for regulation.

“The Task Force recommendations will now need to be perfected through the legislative process and rulemakings by various state agencies,” Finlaw said in a statement.

Click here to read the report in full: http://www.colorado.gov/cms/forms/dor-tax/A64TaskForceFinalReport.pdf

Task force leaders agreed that legislators will have to put a “Marijuana Products Sales Tax” initiative on the November ballot, but left the taxation rate to legislators.

According to a 7News report, some in the task force recommended a 25 percent sales tax, but others were concerned that it would continue to perpetuate the underground market for cheap pot.

The task force also recommended that during the first year of licensing “only entities with valid medical marijuana licenses should be able to obtain licenses to grow, process and sell adult-use cannabis.”

Smoking marijuana in bars should be banned in establishments covered by the Colorado Clean Indoor Air Act as well as other places where tabacco smoke is tolerated, the report says.

Consistent with alcohol rules, the task force also recommends that the Legislature prohibit open packages of marijuana in vehicles.

“This was ground-breaking work and the Task Force process went very well,” task force co-chair Barbara Brohl said. “It was supported by many committed and astute individuals who took the Governor’s charge very seriously. Task force members represented differing viewpoints, they addressed all issues in a well-thought-out manner and worked hard to develop sound solutions. The Task Force did all the ‘heavy lifting,” but now a lot of follow up work has to be done in the coming months.”

Source: Huffington Post (NY)
Published: March 13, 2013
Copyright: 2013 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/

Group Forms To Oppose Colorado Marijuana Stores

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A citizens’ group opposed to a large-scale recreational marijuana industry in Colorado has hired two powerhouse lobbyists in preparation for the state legislature’s coming pot fight.

Smart Colorado formed as a nonprofit group within the last several weeks, group leader Doug Robinson said. After collecting donations, Robinson said the group has hired former congressional candidate Mike Feeley and longtime Capitol lobbyist Sandra Hagen Solin to represent it as legislators write the laws for the forthcoming recreational marijuana industry.

It will be the first time in the last several years that a citizens’ group devoted to restricting marijuana will have such high-powered representation at the Capitol. While medical-marijuana businesses have had lobbyists for awhile, anti-marijuana lobbying has often been done by law-enforcement groups or a disjointed collection of advocates.

Robinson said members of Smart Colorado — whom he described as “basically, a bunch of moms” — decided they needed to be better organized and represented to make a difference. Though Smart Colorado shares a name with the campaign committee opposed to Amendment 64, the measure passed in November legalizing limited marijuana possession and sales, Robinson said the two groups are separate.

“We have organized for one reason, and that is to keep Colorado the best state in the nation,” Robinson told lawmakers on Friday during a meeting of a special legislative committee drafting the bill on recreational marijuana. “We are deeply concerned that the way 64 is implemented could threaten this.”

Robinson said the group respects that Colorado voters legalized marijuana in November, but he said the group wants to keep the recreational marijuana industry as small and contained as possible. Group members testifying before the legislative committee said they fear greater availability of marijuana will lead to big public health and safety problems, especially with kids.

“It looks like we are heading down the path of socializing the costs and privatizing the profits,” group member Gina Carbone said.

The legislative committee, though, rejected on Friday one suggestion from Smart Colorado: state-run marijuana stores. The group said state-run stores will prevent marijuana leaks to kids. But a state task force that suggested regulations for recreational marijuana recommended against state-run stores. Such stores would likely provoke a strong response from the federal government.

The legislative committee on Friday sided with the task force’s recommendation against state-run stores.

The committee put off decisions on a number of other issues — including whether to allow pot sales to out-of-state visitors or requiring marijuana stores to grow what they sell. It is scheduled to meet again next Friday, but lawmakers also discussed adding extra, early-morning meetings to complete the work.

The committee must have bills for recreational marijuana written by the end of the month. The full legislature will then have 38 days to pass the bills before the end of the session.

Newshawk: The GCW
Source: Denver Post (CO)
Author: John Ingold, The Denver Post
Published: March 15, 2013
Copyright: 2013 The Denver Post
Website: http://www.denverpost.com/

Wash. Touts Credentials of Pot Consultant

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Green thumb? Check. Extensive knowledge of the black market? Check. Throw in impeccable academic credentials and decades of experience with government agencies, and you have Washington’s marijuana consultant — a team advising officials on all things pot as they develop rules for the state’s new industry in legal, heavily taxed marijuana.

The Washington Liquor Control Board introduced Massachusetts-based BOTEC Analysis Corp. as the presumptive winner of the consultant contract during a news conference Tuesday. The team is led by a University of California, Los Angeles, public policy professor and includes a former executive of the company that is the sole licensed supplier of medical marijuana in the Netherlands. It also includes researchers with the RAND Corp. who will help figure out how much marijuana state-licensed growers should produce.

“These are, by far, the top consultants available,” said Randy Simmons, who oversees the implementation of the legal weed law for the board. “We’re serious about doing this the right way.”

Washington and Colorado last year became the first states to pass laws legalizing the recreational use of marijuana and setting up systems of state-licensed growers, processors and retail stores where adults over 21 can walk in and buy up to an ounce of heavily taxed cannabis. Sales could begin at the end of the year.

The votes left state officials with a daunting task: figuring out how to build a huge pot industry from scratch. The state’s Liquor Control Board must determine how many growers and stores there should be, how much pot should be produced, how it should be packaged, and how it should be tested to ensure people don’t get sick.

The board is doing a lot of its own research, with buttoned-up bureaucrats traveling to grow operations in California and Colorado as well as within Washington state. But the consultant’s advice will also be important. The state is aiming to produce just enough marijuana to meet current demand: Producing too little would drive up prices and help the black market flourish, while producing too much could lead to excess pot being trafficked out of state.

BOTEC — it stands for “back of the envelope calculations” — is a 30-year-old think tank headed by Mark Kleiman, a UCLA public policy professor with a doctorate from Harvard University’s Kennedy School of Government. The firm has evaluated government programs and provided consulting relating to drug abuse, crime and public health. It studied the results of an effort to crack down on heroin dealers in Lynn, Mass., and in the early 1990s advised the Office of National Drug Control Policy on drug-demand reduction programs.

Kleiman has written several books on drug policy and crime, including “Marijuana Legalization: What Everyone Needs to Know,” and he has argued that states can’t legalize marijuana — federal officials would never stand for it.

“Pot dealers nationwide — and from Canada, for that matter — would flock to California to stock up,” he wrote in an opinion piece in the Los Angeles Times in 2010, when California was considering legalizing marijuana. “There’s no way on earth the federal government is going to tolerate that. Instead, we’d see massive federal busts of California growers and retail dealers, no matter how legal their activity was under state law.”

For that reason, some marijuana advocates questioned how committed his team would be to carrying out the will of the voters. But Alison Holcomb, the author of Washington’s new law, said the choice of a consultant who isn’t a pot cheerleader sent a message that the state is taking its responsibilities seriously.

That’s a crucial concern because state officials are trying to persuade the federal government not to sue to block the law from taking effect. Gov. Jay Inslee has said he stressed to U.S. Attorney General Eric Holder that Washington will have the best-regulated system possible, but the Justice Department still has not announced its intentions.

Steven Davenport, BOTEC’s managing director, said that with more than 30 people involved, the team comprises a wide range of opinions on marijuana legalization, but none is relevant to the task at hand: figuring out how it can best be accomplished, balancing the needs of a working marijuana distribution system with the interests of public health.

“We understand the significance and the size of the task in front of us,” Davenport said. “Our intent is to make sure the board does this correctly.”

Other team members include Michael Sautman, former CEO of Bedrocan International, the international affiliate of the only company licensed to produce medical marijuana for patients in the Netherlands; the company is overseen by the Dutch Ministry of Health, according to BOTEC’s bid for the contract.

Sautman “has consulted lawmakers and regulators in Canada, Israel and several U.S. states regarding how medical marijuana is produced and distributed in the Netherlands,” the bid reads.

Beau Kilmer, co-director of RAND’s Drug Policy Research Center, said RAND is already under contract with the White House’s Office of National Drug Control Policy to develop a new approach for estimating the number of marijuana users across the country and how much pot they consume. His group will build off that work to estimate use by county in Washington state, and that it could involve Internet-based surveys asking people to detail their cannabis use — to the extent of asking them to explain the size of their most recent joint, as compared with a photograph of a joint next to a credit card or ruler for scale.

“That’s going to be a challenge, but I’m excited to work on it,” Kilmer said.

The value of BOTEC’s contract has not been set, but it is expected to exceed $100,000. The losing bidders have 10 days to contest the award.

Source: Washington Post (DC)
Author: Gene Johnson, The Associated Press
Published: March 19, 2013
Copyright: 2013 Washington Post Company
Contact: [email protected]
Website: http://www.washingtonpost.com/

Pot Views Changing

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For political science pundits, it’s a new high.  The latest public survey shows more than two in every five Lethbridge-area people agree with recreational use of marijuana.  And even more – close to 79 per cent – say it should be readily available as a medical treatment.

The growing support for decriminalizing the use of marijuana, from 42 per cent of local residents who responded, is reported by the Citizen Society Research Lab at Lethbridge College.  Approval was even higher ( 42.7 per cent ) in Coaldale, also included in the college’s twice-yearly public opinion surveys.

Nearly 45 per cent of Albertans responding to the college’s province-wide poll last fall were also in favour – and the strongest support, 48.2 per cent, came from across southern Alberta.

“It’s the ( baby ) boomers and the parents of kids who might get ‘busted’ with a small amount of pot,” says Faron Ellis, political scientist at Lethbridge College.

They’re hoping to see Canadian law changed, as voters were in Colorado and Washington state.  Realistically, Albertans know the Stephen Harper government stands opposed.

But it’s the provincial government that appoints the judges, he adds, and they’re not harsh with first-time offenders.

The new telephone survey – taken Feb.  9 and 10, with 835 randomly selected adults in Lethbridge and Coaldale – showed Wildrose party supporters more likely ( more than 39 per cent ) than Conservatives ( 33.6 ) to support decriminalization.  New Democrats were most strongly supportive at 65.5 per cent.

Wildrose partisans were also more permissive than Tories on other issues, Ellis found.  Citizens who said they vote Wildrose also voiced stronger support for medical use of marijuana, for doctor-assisted suicide and for a woman’s right to choose an abortion.

They’re reflecting a libertarian view that’s also surfaced among Harper’s MPs, he points out.

“They’re saying we should have less government interference in our economic lives, but also in our personal lives.”

Ellis says approval for the prescribed use of marijuana to counteract pain and other medical symptoms has been strong, ever since the college began its twice-a-year opinion surveys.  It’s remained in the 70-80 per cent range over the last decade, peaking at 80.1 per cent in 2012.

Support continues to grow on another issue, a woman’s right to choose.  Despite in-your-face campaigns by some religious groups, Ellis reports pro-choice responses have passed 80 per cent for the first time.

“It appears their behaviour has failed to stop the trend to more and more support” for choice, he says.

Perhaps surprisingly, the latest poll found 87.4 per cent of Lethbridge and Coaldale residents who attend church as least “several times a year” support women’s choice.

That figure grows to 94 per cent of those who said they attend “seldom or never,” a group that includes about 52 per cent of all residents polled.

A bare majority of those who claimed to attend at least twice a month were also in favour, reflecting differences between the city’s religious liberals and conservatives.

Ellis says the survey also found most southern Albertans agree on a once-contentious topic.  Same-sex marriage is supported by more than 83.8 per cent of those who attend church occasionally as well as 85.2 per cent who said “seldom or never.”

Among those who say they attend very regularly ( about 30 per cent of the population ) there’s close to 40 per cent support.

When the question was asked 10 years ago – before all provinces had made the change – Ellis says about one-third of Lethbridge people polled were in favour of lesbian or gay couples marrying.  But now, for the first time, that popular support has passed 70 per cent.

“Southern Albertans have accepted that as a just and legitimate aspect of Canadian society,” he says.

Public support for a still-controversial issue, doctor-assisted death, has also grown.  Nearly 75 per cent of those responding to this month’s survey voiced their approval, compared with 66.4 per cent a year ago and 61.9 per cent in 2011.  More than 82 per cent of those who sometimes attend church were in favour, vs.  about 44 per cent who attend frequently.

In contrast, Ellis says, more than 60 per cent of those who attend frequently were in favour of the death penalty for first-degree murder – – nearly as high as the 66.6 per cent who don’t attend.

Church attendance isn’t an absolute predictor of southern Albertans’ attitudes, Ellis admits.  On some issues, he says, it depends on whether people lean more heavily on Old Testament vengeance or New Testament forgiveness.

The Lethbridge College survey, conducted by supervised college students and distance education students of Athabasca University, polled citizens whose phone numbers were selected at random.  Its margin of error is stated as 3.4 percentage points, plus or minus, 19 times out of 20.

Source: Lethbridge Herald (CN AB)
Copyright: 2013 The Lethbridge Herald
Contact: [email protected]
Website: http://www.lethbridgeherald.com/
Author: Dave Mabell

House Bill Aims To Tax Marijuana Brand Names

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A House committee held a public hearing Friday on a measure that would tax marijuana brand names and trademarks likely to be introduced in the state of Washington when the sale of recreational marijuana starts at the end of the year.

The bill heard by the House Finance Committee calls for a tax of $3.60 per $1,000 of assessed value of “all trademarks, trade names, brand names, patents and copyrights related to marijuana.” It does not say how those values would be determined and instead says the Department of Revenue can adopt rules for determining those amounts.

In November, voters approved Initiative 502, which allows adults over age 21 to have up to an ounce of pot. The state is due to start issuing licenses to marijuana growers, processors and retail stores, with the marijuana taxed 25 percent at each stage.

Democratic Rep. Jeff Morris of Mount Vernon, the sponsor of the trademark bill, told the committee that Washington, along with Colorado, which also passed a legalization measure in the fall, could benefit as the new industry moves to register brand names or trade names.

“I think that this reflects the uniqueness of the situation,” Morris said. “What was the value of Marlboro as a trade name back when it was filed as a trade name or brand name?”

Under the bill, revenue from the tax would go into a special fund for agricultural research tied to health benefits.

During Friday’s hearing, Morris specifically cited research being done at Washington State University on creating plasma from wheat and making gluten-free wheat.

“It’s that type of research that I’m hoping this money would target,” he said.

Chris Mulick, director of state relations for WSU, testified that the university has concerns about the bill.

He said WSU currently receives $21 million a year to support agriculture research, and there are concerns that if the measure passes, the tax on brand names would supplant state funding.

Mulick also noted concerns surrounding the state’s efforts to persuade the federal government not to sue to block the law from taking effect. The U.S. Justice Department still has not announced its intentions.

“This is a resource that at this time remains highly uncertain,” Mulick said.

Morris said the tax is not meant to replace state funding of research.

A fiscal note done by the state Office of Financial Management says the amount of potential revenue from the tax is unknown for several reasons, including the difficulty estimating a value for a an industry that doesn’t yet exist, as well as uncertainty caused by the illegality of marijuana under federal law.

The measure is House Bill 1976.

Online: http://www.leg.wa.gov

Source: Associated Press (Wire)
Author: Rachel La Corte, The Associated Press
Published: March 22, 2013
Copyright: 2013 The Associated Press

Colo. Hemp Legislation Would Launch Industry

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Colorado’s hemp-growing industry will kick off on a modest scale under state legislation expected to be introduced next week.

The bill sponsored by state Sen. Gail Schwartz, D-Snowmass Village, would enable farmers to register for 10-acre research-and-development plots to test the viability of different hemp varieties.

Hemp is genetically related to marijuana but contains little or no THC, the psychoactive substance in marijuana. The seeds and fibers of hemp have dozens of commercial uses in foods, cosmetics, textiles and building materials.

The passage of Amendment 64 last year legalized in Colorado the possession and cultivation of both marijuana and hemp.

However, growing hemp, as with marijuana, is still illegal under federal law. That’s one of the reasons that hemp backers are proposing to launch the industry on a relatively small scale.

Schwartz said Thursday at a hemp forum in Loveland that 10-acre R&D plots grown under state guidelines are less likely to attract federal law enforcement attention than bigger commercial farms.

The proposed legislation would not prohibit larger farms, but backers say it is unlikely that farmers would choose to start on a large scale.

“The reality of the situation is that hemp probably won’t be grown on a mass commercial level for a few years because the crop will still need to be processed in-state and it will take a while to build that infrastructure and market,” said Samantha Walsh, political director of the advocacy group Hemp Cleans.

The bill would direct the Colorado Department of Agriculture to establish rules for registration and crop testing.

Hemp-growing has been legal in Canada since 1998. The industry is expanding rapidly. In 2012, a record 52,000 acres were grown. Projections for this year are 75,000 acres.

Canadian farmers at the Thursday forum said the crop is resistant to drought and weeds, relatively easy to grow, and profitable compared to other mainstream crops.

Manitoba hemp scientist Anndrea Hermann said the Canadian crop recently has generated average profits of $255 per acre compared with $208 for corn, $201 for canola and $100 for wheat.

David Bronner, whose company Dr. Bronner’s Magic Soaps is a major buyer of hemp oil, said at the forum that Colorado’s efforts to establish an industry may help persuade the federal government to end its prohibition.

“A little civil disobedience in the mix would hasten the end of this charade,” he said.

Source: Denver Post (CO)
Author: Steve Raabe, The Denver Post
Published: March 22, 2013
Copyright: 2013 The Denver Post
Website: http://www.denverpost.com/
Contact: [email protected]

 

Wall Street Sees Opportunity in Marijuana

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Amid the whir of fans and the glow of soft white light, workers tended to bright green seedlings sprouting in a giant greenhouse.

Located about an hour’s drive from Manhattan in the hills of northwestern New Jersey, the facility produces basil, chives, oregano and other herbs that are sold in grocery stores around New York City. But if Ken VandeVrede has his way the facility will one day be growing a much more valuable plant: marijuana.

VandeVrede is chief operating officer at Terra Tech, a hydroponic equipment maker based in Irvine. The small company wants to double the five-acre New Jersey greenhouse operation. The aim is one day to supply the exploding U.S. medical marijuana trade and to prepare in the event that recreational marijuana ever becomes legal nationwide.

“We can scale this thing very, very quickly,” said VandeVrede, clad in blue jeans and a pumpkin-colored sweater as he surveyed his indoor fields of produce and flowers. “When hemp and cannabis become legal, we’re ready to rock and roll.”

To do it, Terra Tech needs to raise $2 million. And like a number of small businesses in the burgeoning U.S. cannabis industry, it’s trying to enlist Wall Street’s help. Business owners have been pitching their ideas to potential investors, coming to New York in some cases to meet with would-be financiers.

Wall Street has good reason to smell potential profits.

Washington, D.C., and 18 states, including California, have already legalized medical marijuana; there are formal measures pending in 10 additional states, according to the National Cannabis Industry Assn.

Colorado and Washington legalized recreational marijuana use in November. In addition, a measure allowing “adult use” of pot has been proposed in Maryland, according to the association’s tally. Various bills to legalize marijuana and hemp have been proposed in Congress too.

Although pot remains contraband under federal law, some entrepreneurs see marijuana heading down the same path as Prohibition, which banned the manufacture, transportation and sale of alcohol from 1920 until it was repealed in 1933.

“More and more people see the inevitability,” said Brendan Kennedy, chief executive of the Seattle private equity firm Privateer Holdings, which targets cannabis-focused start-ups. “They see that the Berlin Wall of cannabis prohibition is going to come down.”

Privateer is raising $7 million to acquire small companies that have a hand in the trade but don’t grow or distribute marijuana. Its first acquisition: Leafly, a Yelp-style online rating site in Seattle for dispensaries and varying strains of marijuana.

With pot still federally outlawed, others are making similar bets — funding firms that supply equipment or ancillary services while steering clear of marijuana farming and sales.

Take Lazarus Investment Partners, a $60-million hedge fund in Denver, for example. One of Lazarus’ investments is in AeroGrow International Inc., a maker of hydroponic kitchen appliances geared toward growing herbs, lettuce and tomatoes.

Lazarus, which owns 15% of AeroGrow’s shares, has suggested that the company tweak its products to accommodate taller plants, including marijuana, said Justin Borus, the fund’s managing partner.

“We want to be selling the bluejeans to the gold miners,” Borus said. “We don’t want to take a bet on which state is going to get legalized and which dispensary is going to succeed, or [which] cannabis growers are going to be successful. We want to just make a bet on overall legalization.”

In California, MedBox, a West Hollywood maker of automated dispensing machines for doctors’ offices, pharmacies and pot dispensaries, is on the hunt for funding.

Vincent Mehdizadeh, MedBox’s founder, said the company is actively exploring raising $20 million in equity to boost staffing and fund research and development, acquisitions and marketing.

Mehdizadeh said he’s seen a “major spike” in interest from potential financiers looking to invest in the small company since Colorado and Washington legalized recreational pot use last year.

“Everybody’s loosening up a lot because they realize the momentum has shifted and the financial world is going to have to make room for this industry,” he said. “Wall Street and investment banks are going to have to come along for the ride, eventually.”

Derek Peterson, president and chief executive of Terra Tech, is working to get his company’s shares listed on a stock exchange by the end of the year. The company may try for NYSE MKT, which was formerly known as the American Stock Exchange and is geared toward smaller companies, or perhaps the Nasdaq Stock Market, he said.

“The stodgier Wall Street types are starting to realize there’s money to be made here,” said Peterson, who worked in wealth management at Wachovia Securities and Morgan Stanley Smith Barney.

The company has taken steps to get the word out to investors. It tapped Midtown Partners, a small New York boutique investment bank, to help it explore financing options as it planned the New Jersey greenhouse expansion. Terra Tech is merging with the farm’s owner, NB Plants, and retail gardening center and nursery. Both are owned by VandeVrede’s family.

Initially, the vast majority of Terra Tech’s revenue will come from cultivating fresh herbs and flowers from the New Jersey farm, with the rest coming from equipment sales. The idea is to first feed urban consumers’ growing appetite for pesticide-free produce, then add pot or hemp when the legal climate is right.

“There is this huge demand for organic food,” said Prakash Mandgi, Midtown Partners’ director of investment banking. “Marijuana cultivation, in my opinion, is a potential driver in the future, but it’s so tied to government rule and regulations…. Federally it’s illegal.”

Estimates for the marijuana industry’s size range widely, since much of the trade remains on the black market. Bloomberg Industries recently pegged it at $35 billion to $45 billion.

Still, Wall Street is by no means opening the floodgates of capital.

Companies in this space are still quite tiny, not to mention risky, compared with large corporations trading on the New York Stock Exchange or the Nasdaq.

Moreover, Wall Street firms face a significant disincentive to investing in the industry: federal law. Growing and distributing marijuana can still lead to raids by federal agents — not to mention prison time and huge fines.

Major banks have come under intense scrutiny by the federal government in recent years for violating laws aimed at preventing money-laundering. The British banking giant HSBC paid $1.9 billion to end a U.S. investigation into its role processing cash for drug cartels and customers in rogue nations.

Marijuana dispensary owners have complained of difficulty opening bank accounts, forcing them to operate in cash only.

“This is messy,” said Dan Richman, a former federal prosecutor who handled narcotics cases and now teaches at Columbia Law School in New York. “This might be complex politically. It’s not complex as a matter of federal criminal law.”

Investors in businesses involved in growing or distributing cannabis could face civil forfeiture actions to seize their investments or other assets, Richman said.

“I would think the prospectus would have to say: ‘The government might come and take all of your money and possibly go after you,’” Richman said.

Federal law may not deter all investors. After all, the government can choose what laws to strictly enforce, and it’s unclear how the federal government will ultimately treat legalized recreational pot in Colorado and Washington.

Alan Valdes, a floor trader on the New York Stock Exchange, expects some of Wall Street’s more adventurous investors to put up money for a project he’s involved with called Diego Pellicer Inc.

The business idea is to open a dozen Starbucks-like high-end shops for pot in Colorado and Washington. Valdes said he and his partners might begin tapping investors — wealthy individuals, family-run funds — later this year.

“These are more mavericks — these are gunslingers,” he said of potential investors. “The big houses are off the table right now.”

Source: Los Angeles Times (CA)
Author: Andrew Tangel, Los Angeles Times
Published: March 23, 2013
Copyright: 2013 Los Angeles Times
Contact: [email protected]
Website: http://www.latimes.com/

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