How Many Dispensaries Are In Each State?

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How many dispensaries are in each state? With 29 states that all have some form of legalized marijuana, the number of dispensaries in the country is rapidly increasing to serve existing and emerging markets. States like California have recently implemented their recreational marijuana laws. As a result, many old dispensaries have shut their doors and new ones have surfaced as companies await their license to sell. We used data from state governments with legalized marijuana to see how many dispensaries are in each state.

Recreational Marijuana State Dispensaries

 

With many states adopting recreational marijuana laws, the number of dispensaries countrywide is rapidly changing.

California

Dispensaries: 261

California was the first state to legalize medical marijuana but not the first to go recreational. In 2016, California’s Proposition 64 passed, legalizing the sale of cannabis to adults. There are currently no businesses with full licenses to sell in California. However, temporary licenses are being awarded so retail cannabis is being distributed. According to the Bureau of Cannabis Control, there are currently 261 active temporary retail licenses to sell cannabis for adult use.

 

Nevada

Dispensaries: 61

Nevada had their first medical marijuana dispensaries opened in 2015. Residents voted to legalize recreational cannabis in 2016. The laws went into effect on January 1st of 2017. Now, weed can be legally acquired at any of the 61 dispensaries listed on the state government’s website.

Alaska

Dispensaries: 93

In 2014, Alaska voted to tax and regulate the legal production, sale and use of marijuana. A license search on the Department of Commerce, Community and Economic Development website yields 93 results for Oregon dispensaries.

 

Dispensaries: 560+

According to the Oregon government website, the number of approved licenses to marijuana retailers went from 213 in July 2016 to 560 by the end of January.

Washington – 103 retail stores

Dispensaries: 103 retail

Washington has had recreational marijuana for quite some time now so there are now many dispensaries in the state. According to Washington’s Department of Health website, there are currently 103 retail cannabis stores but many more “medically endorsed stores.” This means they have medical marijuana consultants on staff.

Colorado

Dispensaries: 520

 

Colorado has by far, the largest number of dispensaries in any state. The Colorado Department of Revenue has a list of all the licensed recreational and medical marijuana dispensing centers. There are 520 recreational facilities with 505 medical ones as well.

Massachusetts

Dispensaries: 19

On November 8th, 2016 Massachusetts became the first state on the East Coast to legalize cannabis. As of December 31, 2017, Massachusetts has 19 registered marijuana dispensaries around the state.

Medical Marijuana State Dispensaries

 

California was the first state to legalize medical marijuana in 1996. Since then, about half of the nation’s states have legalized medical marijuana. In states with strict laws, medical marijuana is limited to patients with truly debilitating conditions. Other states that allow a wider range of patients to register as medical marijuana patients and they have more dispensaries as a result.

Maine

Dispensaries: 8

8 total Medical Use of Marijuana Program Dispensaries

Maine joined Massachusetts in legalizing recreational marijuana on the East Coast. However, retailers currently have no way to get the required licenses. As a result, the only dispensaries in the state are only accessible to medical marijuana patients. There is currently 8 listed medical use of marijuana program dispensaries on the state government’s website.

Arizona

Dispensaries: 100+

Arizona is one of the first states with a drive-thru dispensary. Unfortunately, they are one of the few states that keep their list of dispensaries confidentialto anyone other than registered medical marijuana patients that cannot grow their own marijuana in the state.

However, the number of dispensaries allowed in the state is somewhere between 120 and 126. The number of dispensary agents is public. There are 4,731 individuals that can distribute marijuana on behalf of a dispensary.

New Mexico

Dispensaries: 68

New Mexico’s medical marijuana law was signed in 2007. Since it’s been more than a decade, there are now many dispensaries for the state’s patients to choose from. The state has 12 manufacturers that distribute from their own dispensaries. Recent data shows a total of 68 dispensaries in New Mexico.

Montana

Dispensaries: 50+

Medical marijuana laws in Montana were signed in 2004. Only patients with severely debilitating or terminal conditions qualify for medical marijuana in the state. Despite this, the number of dispensaries in the state has gradually increased over the year. According to the Montana Department of Health, they cannot give information out about dispensaries. However, there are over fifty listed online.

North Dakota

Dispensaries: 0

The North Dakota medical marijuana law was only signed in 2016. The program is not yet operational and there are no current dispensaries. The program was supposed to go into effect on April 18, 2017. The earliest effective date for medical marijuana rules would be on April 1, 2018.

Minnesota

Dispensaries: 8

The Minnesota medical marijuana law was signed in 2014 and it is currently operational. Several state-licensed dispensaries have opened. In fact, the Minnesota Department of Health has eight locations listed on their website.

Michigan

Dispensaries: 100+

Michigan is currently in the process of accepting medical marijuana business license applications but there are over 42,000 caregivers registered to supply cannabis. There are currently well over one hundred dispensaries listed online but they will close soon if they don’t receive a license when they’re distributed later this year.

Illinois

Dispensaries: 53

Illinois is one of the states with a long list of qualifying conditions but they have a decent number of dispensaries. The medical marijuana laws in Illinois were signed in 2013. Since then, the Illinois Department of Financial and Professional Regulation list 53 licensed dispensaries across the state.

Arkansas

Dispensaries: 0

The Arkansas Medical Marijuana Commission has yet to release the list of licensed dispensaries despite the Arkansas Medical Marijuana Amendment. There is a delay because the law only came into effect in 2016 and the program is still a work in progress. So far the Department of Finance and Administration has released a list of all the names and proposed locations of applicants.

Louisiana

Dispensaries: 0

The Louisiana medical marijuana program has yet to start. Worst of all, the number of doctors that are approved to issue a “physician recommendation form” can be counted on one hand. If all goes according to plan, the program will begin operating this summer.

Florida

Dispensaries: 27

Florida has medical marijuana laws but they are restrictive like the laws in other states like New York. Medical marijuana treatment center is the term for a dispensary in Florida. These centers are responsible for cultivating and processing the cannabis. Additionally, they sell to qualified medical marijuana patients. There are 27 dispensaries total listed on the state government’s website.

Ohio

Dispensaries: 0

The Ohio medical marijuana laws were signed in 2016 but the program hasn’t started yet. The State Board of Pharmacy may award up to 60 dispensary licenses. So far, the board has received hundreds of applicants. There is no one to sell medical marijuana in the state yet. Unfortunately, patients will have to wait while the program starts handing out licenses to sell.

West Virginia

Dispensaries: 0

West Virginia signed their marijuana laws in 2016. As a result, the program is not yet operational. Therefore, there are no operating dispensaries in the state as of now. The West Virginia Medical Cannabis Program will release the application for dispensaries in the first quarter of 2018.

Pennsylvania

Dispensaries: 6

Six dispensaries received approval to start selling medical marijuana products once they are available. The only dispensary to have a grand opening is in Lehigh Valley. Unfortunately, they have no product. Therefore, patients won’t be able to make purchases until mid-February or later.

Maryland

Dispensaries: 0

A judge temporarily halted the medical marijuana industry in Maryland on the request of a company that alleged state regulators ignored racial diversity when deciding who could grow legal cannabis. A trial in June will determine whether state regulators acted outside of the law when awarding the first fifteen preliminary licenses to grow. So, there will still be some time before Maryland sees its first operational medical marijuana dispensary.

Delaware

Dispensaries: 2

Delaware currently only has two dispensaries owned by the same company. First State Compassion is currently the only provider of medical marijuana in Delaware and more are on the way.

New Jersey

Dispensaries: 5

New Jersey adopted their medical marijuana program rules in 2011. Since then, only a few dispensaries have opened up their doors in the state. In fact, the state currently has five operational medical marijuana dispensaries with more on the way.

New York

Dispensaries: 19

New York has one of the stricter medical marijuana programs for patients with debilitating conditions. In fact, there is no actual smokable cannabis available at dispensaries. However, other cannabis products are available at New York’s 19 registered medical marijuana dispensaries. More are opening soon which will more than double the number of dispensaries in the state.

Vermont

Dispensaries: 4

Vermont has had medical marijuana laws since 2004. Despite the early start date, few dispensaries have opened in the state. More than a decade later, there are only four operational dispensaries located in Montpelier, Brandon, Burlington and Brattleboro.

New Hampshire

Dispensaries: 4

The Therapeutic Cannabis Program passed through the state legislature in 2013 but things have moved slowly since then. In fact, only a few dispensaries have opened up. The New Hampshire Department of Health and Human Services lists 4 dispensaries or “alternative treatment centers.”

Connecticut

Dispensaries: 9

Medical marijuana laws in Connecticut came about in 2012 and not too many dispensaries have opened up since then. According to Connecticut’s official state website, there are 9 total medical marijuana dispensary facilities in the state. That will change soon because the state is looking for more medical marijuana dispensaries.

Rhode Island

Dispensaries: 3

Rhode Island medical marijuana patients can purchase their medicine at compassion centers around the state but there aren’t many. As expected with a small state the Rhode Island Department of Health website lists compassion centers in only Providence, Warwick and Portsmouth.

Washington D.C.

Dispensaries: 8

Washington D.C. has legalized recreational marijuana but there are currently only medical marijuana dispensers. There are eight medical dispensaries in the state total but most of them in the North East region.

Final Hit: How Many Dispensaries Are In Each State?

Since marijuana laws in several states have changed in recent years, the online listings of marijuana dispensaries in certain states are unreliable according to research.

“The online listings appear to be inaccurate. We only found 815 out of the listed 2,174 dispensaries were active. This is 37 percent of the listings,” Erick Eschker, co-director of the Humboldt Institute for Interdisciplinary Marijuana Research stated.

The number of how many dispensaries are in each state will change because a few states are currently working on implementing their programs. Once they are operational, the number of dispensaries nationwide will continue to increase.

Georgia Seeks To Reduce Penalties For Marijuana

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With two bills introduced in the state’s government, Georgia seeks to reduce penalties for marijuana possession. The capital city of Georgia, Atlanta, has already decriminalized possession. Are lawmakers trying to get the entire state on board?

The Bills

Before we talk about the two bills that were introduced in Georgia, let’s go over the current state of things. As of now, possessing more than one ounce of cannabis in Georgia is considered to be a felony. But within the city limits of Atlanta, the capital, marijuana is decriminalized up to one ounce.

And Georgia, does, in fact, have a medical marijuana program. Last year, the state’s medical marijuana program was expanded to include more qualifying conditions to grant more people access to the life-saving plant.

While the state’s leadership has been against legalization, a faction of lawmakers in Georgia seeks to reduce penalties for marijuana. As a step to accomplish this, two bills have been introduced to the House and the Senate.

House Bill 865 aims to knock the criminal code for cannabis possession down a peg. This bill’s stated goal is to make the possession of the herb a misdemeanor rather than a felony. Well, up to two ounces would be a misdemeanor, that is.

 

The second bill, introduced to the Senate, follows in the same vein as the House bill. Titled simply as Senate Bill 105, if passed, this state-wide measure would decriminalize marijuana up to half an ounce. The subsequent fine would not exceed $300.

Admittedly, these measures are not particularly generous. But it’s a start.

Final Hit: Georgia Seeks To Reduce Penalties For Marijuana

The issue of cannabis legalization versus decriminalization is interesting, to say the least. While Georgia leadership has rejected the idea of all-out legalization, they have successfully fought for and established a medical marijuana program. And considering that the capital city has decriminalized marijuana possession, it looks like the attitudes in Georgia are shifting for the better.

Still, decriminalization in one city cannot solve everything. Attorney George Creal elaborated on this issue to local reporters. He also expanded on why state-wide decriminalization should move forward.

“There’s enforcement problems, there’s prosecution problems,” he said, referring to the decriminalization in certain cities. “You don’t want to have to depend on the discretion of a prosecutor or a judge. You want to be able to know what the law is.”

 

It’s a statement weighted by the truth. Especially since marijuana arrests in the United States have a clear racial disparity.

While decriminalization is far from legalization, these measures, if passed, could plant the seed for a more just legal system.

Antigua and Barbuda Move Toward Decriminalizing Marijuana

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The Caribbean nation of Antigua and Barbuda is on the brink of a big development in cannabis law. There has been a growing movement in support of decriminalizing weed in the country, and this week, lawmakers took concrete steps toward making that a reality. As Antigua and Barbuda move toward decriminalizing marijuana, countries around the world continue reexamining cannabis laws.

Antigua and Barbuda is About to Decriminalize Weed

Lawmakers officially introduced The Misuse of Drugs (Amendment) bill last December. It received positive feedback. From there, a special committee studied it and made revisions. Lawmakers reviewed the bill again on January 23 and they voted on it earlier this week.

On Tuesday, the country’s House of Representatives passed the decriminalization bill. The Senate will now review the bill to decide whether or not it will become official law.

So far, it looks like the bill is on track for a smooth passage. Once it becomes law, adults can possess up to 15 grams of weed without the possibility of criminal charges.

The Antigua News Room reported that Rastafarians will be allowed to grow and consume limited amounts of marijuana for religious purposes. Finally, the government of Antigua and Barbuda will set up a committee to study medical marijuana as well as the implications of legalization.

 

Decriminalization Is Not Legalization

While decriminalization is a step in the right direction, lawmakers were very clear that this is not the same thing as legalization.

“A lot of persons thought that decriminalization simply meant that [they] would not be penalized for the use,” said Samantha Marshall, head of the government’s marijuana commission. “Decriminalization as we understand it is that you will not be given a criminal charge, but of course you will be ticketed.”

Prime Minister Gaston Browne shared similar thoughts. “I want to make it abundantly clear that my government is not advocating the use of cannabis,” he told The Antigua Observer. “We do accept, though, on the other hand, that marijuana utilized in different forms has significant medicinal benefits.”

Browne also said that decriminalization was helping bring laws into alignment with public opinion. In fact, the country recently completed a survey to gauge public opinions on cannabis. It found that 70 percent of people in Antigua and Barbuda support loosening laws against weed.

“The use of marijuana is now socially acceptable,” Browne said. “It is, in essence, a part of the culture of the country.”

 

Final Hit: Antigua and Barbuda Move Toward Decriminalizing Marijuana

The changes in Antigua and Barbuda reflect growing support for marijuana around the world. They also place the island country in the ranks of other countries working to loosen weed laws.

Lawmakers in Antigua and Barbuda said they are going to continue exploring the idea of legalizing weed. In particular, they plan to see how things develop in Canada.

Under Prime Minister Justin Trudeau, Canada plans to legalize cannabis in July. If all goes well, it could be a landmark development. It could also establish Canada as a global cannabis leader along with countries like Uruguayand The Netherlands.

 

Expungement and Past Marijuana Convictions in Legal States: What Now?

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As marijuana legalization continues to cultivate support across North America, more than a few states and their collective municipalities are working to expunge or reduce prior pot convictions – calling the absolution a states’ rights issue and a necessary atonement.

4,900 Californians have asked to have their past pot convictions expunged

In 2016, 574,641 American citizens were charged with simple marijuana possession. And for those with past marijuana convictions, they soon discovered it’s far more difficult to become a productive member of society with a criminal record; facing diminished access to employment, reduced chances at a higher education, and restricted housing opportunities.

Addressing the issue last week, elected officials from San Diego to San Francisco began the process of rolling out their amnesty program for people convicted of previous low-level marijuana crimes. This week, the Mayor of Seattle joined the call for greater opportunity for those with past convictions and announced similar efforts. Meanwhile, in Vermont, which recently became the first state to legalize cannabis for adults 21 and over through the legislative process, officials are examining their options ahead of the state’s July 1 implementation.

With some form of marijuana now legal in 29 states plus the District of Columbia, Guam and Puerto Rico, the following states are collectively attempting to address their role in criminal justice reform in a meaningful way.

Proposed Marijuana Expungement Legislation

California

Assembly Bill 1793, introduced by Assemblyman Rob Bonta (D-18th District), seeks to enact legislation that would allow the “automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017.” Under Proposition 64, residents of California are now allowed to possess and purchase up to 1 ounce of marijuana and cultivate no more than six plants for personal use. The voter-approved measure, in addition to legalizing adult-use consumption, cultivation, and distribution – allows individuals convicted of past criminal marijuana possessions to petition the courts to have those convictions expunged. An expensive and time-consuming venture for most individuals, the automatic expungement of records would be mandated by the passage AB-1793.

Massachusetts

H.2785, authored by Rep. Aaron Vega (D-5th District), and cosigned by 25 other elected officials, would allow for the expungement of “records of marijuana arrest, detention, conviction and incarceration.” Marijuana use in Massachusetts was first decriminalized in 2008, with the voters approving medical marijuana just four years later in November 2012. Officially legalized for adult use on Nov. 8, 2016, residents are still waiting for their first recreational dispensary to open.

Vermont

H.865, sponsored by Maxine Grad (D), Tom Burditt (R), Chip Conquest (D), would allow a person to file a petition with the court requesting expungement or sealing of the criminal history related to a conviction if “the person was convicted of an underlying offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense.”

New Jersey

S.830, sponsored by Sen. Nicholas Scutari (D-22nd District), would not only legalize the personal possession and use of small amounts of marijuana by those over the age of 21, the bill also allows a person convicted of a prior marijuana possession to present an application for expungement to the state’s Superior Court.

While ColoradoMaryland, and Oregon have already passed legislation to have misdemeanor marijuana charges sealed or thrown out entirely, approximately 4,900 Californians have filed to have their past pot convictions expunged since Proposition 64 was passed.

Marijuana legalization effort vaults a hurdle with no outside challenge to signaturesMarijuana legalization effort vaults a hurdle with no outside challenge to signatures

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The push to legalize marijuana for adult recreational use got a boost Friday when a deadline for opposition groups to challenge petition signatures passed and no one stepped up.

Now it will be up to the Secretary of State's election office to review a 500-signature sample of the 362,102 signatures that were turned in by the Committee to Regulate Marijuana like Alcohol in November, to determine whether there are enough valid signatures from registered voters to qualify for the Nov. 6 general election ballot.

Once that review is complete, the state Board of Canvassers will rule on whether voters will see marijuana legalization on the ballot.

"It’s great news, it shows the opposition must feel that we have a well-worded proposal, but that doesn’t mean we’re taking anything for granted," said Josh Hovey, spokesman for the pro-legalization group.

 And just because the group may have won this first battle — it must have 252,523 valid petition signatures to get on the ballot — it does not mean it has won the war.

 

There are still two groups that have formed to formally oppose the ballot proposal: The Committee to Keep Pot out of Neighborhoods and Schools and the Healthy and Productive Michigan Committee.

Neither had asked to challenge the petition signatures by Friday's 5 p.m. deadline, however.

More: Group seeks Michigan ballot proposal to end gerrymandering

More: Marijuana legalization proposal could add to crowded ballot in November 2018

The first committee is funded by the Michigan Responsibility Council — an organization of businesses that are interested only in medical, not recreational, marijuana. That group is the only contributor so far to the anti-legalization effort with a $5,000 donation, according to campaign finance reports filed with the Secretary of State.

"There are a number of options being looked at" for how the opposition campaign will develop, said Chris DeWitt, spokesman for the committee. "There certainly will be opposition of a robust nature."

The other group — Healthy and Productive Michigan — is bankrolled so far by the group Smart Approaches to Marijuana, a Virginia-based group opposed to the legalization of marijuana, which has kicked in $150,000 to the campaign.

The group, which was founded in 2013 by former U.S. Rep. Patrick Kennedy, D-Rhode Island, and Kevin Sabet, director of the Drug Policy Institute at the University of Florida, has been active in opposing legalization efforts in other states.

Scott Greenlee, spokesman for Healthy and Productive Michigan, said his group kept an eye on the petitions as they were being delivered and figured that the pro-legalization group had gotten enough extra signatures that they would be able to easily qualify for the ballot.

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"So now we’re prepared to take our educational campaign to the voters through November," he said, adding that while the Virginia-based group provided the seed money for the anti-legalization effort, "I have no doubt that there will be a lot of other Michigan-based folks who will step up."

While millions are expected to be spent on both support and opposition of the proposal if it does make it on the ballot, that level of money hasn't materialized yet.

The group pushing the ballot proposal spent most of the $651,736 it had raised so far on paying the National Petition Management team, which collected the signatures for the ballot proposal.

And the Committee to Regulate Marijuana like Alcohol is now in debt to the tune of $257,484 owed to consultants, attorneys and fund-raisers.

"We're focused right now on paying off our campaign debts. But our fund-raising continues to go strong. We have a lot of large and small donors across the state and country," Hovey said. "Ideally, we'd like to raise $8 million for the campaign, but we're aiming at between $5 million and $8 million."

If it makes the November ballot, the proposal would:

  • Levy a 10% excise tax at the retail level as well as the 6% sales tax.
  • Split the tax revenues with 35% going to K-12 education, 35% to roads, 15% to the communities that allow marijuana businesses in their borders and 15% to counties where marijuana businesses are located.
  • Allow communities to decide whether they’ll allow marijuana businesses.
  • Restrict possession of marijuana that a person can carry for recreational purposes to 2½ ounces,  but individuals could keep up to 10 ounces in their homes.
  • Follow the same type of licensing model that is being used for medical marijuana, which will provide for five categories of licenses  — growers, processors, testers, secure transporters and dispensaries.

Voters in eight states — Colorado, California, Alaska, Maine, Massachusetts, Nevada, Oregon, Washington — and the District of Columbia have legalized the recreational use of marijuana in recent years. Canada has legalized marijuana for recreational use and that market is expected to start up sometime this summer. And Vermont's Legislature approved legalization last month.

The state of Arizona defeated a marijuana ballot proposal in 2016.

The Board of State Canvassers has three ballot proposal petitions to work through and will do them in the order they were received: repealing the prevailing wage, which requires union-scale wages on public construction jobs; marijuana legalization, and shifting the way district lines are drawn for state and federal offices from the political party in power in the state Legislature to an independent commission.

The Board has not set a timeline for when it will consider the three petitions.

Solevo Wellness Opens First Pittsburgh Medical Marijuana Dispensary

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In the Pennsylvania city of Pittsburgh, patients will finally have access to medical cannabis. Solevo Wellness has passed its final inspection by the Pennsylvania Department of Health. Patients will now know it as the city’s first-ever medical marijuana dispensary.

Solevo Wellness

When its doors open to the public, Solevo Wellness will be the fourth operating medical marijuana dispensary in Pennsylvania. To celebrate this triumph, Solevo hosted an Open House on February 7th. Over 100 guests were in attendance, including the State Senator Jay Costa, Aids from Representative Dan Frankel and Pittsburgh City Councilman Corey O’Conor.

Also in attendance was a representative of the Squirrel Hill neighborhood, where the dispensary is located. Marian Lien, the CEO of the Squirrel Hill Urban Collective, expressed delight that Solevo Wellness has found a home in the neighborhood.

One of the reasons that the Squirrel Hill community strongly supports the opening of Solevo Wellness’ dispensary is that the company has renovated a building that has been vacant for over a decade. Experts also predict that the new medical marijuana dispensary, located on a major intersection, will revitalize the area.

A Long, Hard Journey

 

 Solevo Wellness

The process of establishing, licensing and opening Solevo Wellness took 18 months. The company credits much of their success in obtaining the proper permits to their hired industry consultant, Sara Gullickson. She’s the President of Arizona Dispensary Permits. They were also aided by the law firm Buchanon, Ingersoll & Rooney.

 

Solevo COO Samuel Britz said, “it has been a long, hard journey to get to this point. It took huge efforts by many people in the Solevo Organization.”

He continued, “it started nearly 18 months prior, by retired county executive James Roddey and Nicky Geanopulos, Pittsburgh Insider and owner of the Nicky’s Grant St Restaurant.”

Britz also places credit within the Executive Committee formed by the Chairman of the Board, Dr. Robert Capretto. Britz has said that he believes that Chairman Capretto’s decision to form the committee, as well as their tireless work, was a key factor in Solevo’s success. The other committee members included Medical Executives Lucy Cichon and Kathi Lenart, Attorney Lou Gold and pharmacist Alex Mickalow.

Final Hit:

Solevo Wellness has proven time and time again that they are committed to providing their clients with the best possible team. From a pool of over 900 applications, they hired industry veteran Rocco Levine to manage their dispensary. They also hosted an event featuring Cannabis Pharmacy author Michael Backes that over 60 medical professionals attended. And on February 10th, they will host a seminar conducted by faculty of the University of Sciences.

There will soon be a total of five dispensaries in the city of Pittsburgh. Solevo Wellness predicts that their head start, in addition to their team of industry leaders, will prove advantageous when the other dispensaries open.

Seattle Could Dismiss Over 1,000 Marijuana Convictions

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Earlier today, Seattle Mayor Jenny A. Durkan announced that Seattle could dismiss over 1,000 marijuana convictions. The decision is the latest in the city’s attempts to minimize the negative effects of earlier cannabis prohibition laws.

Mayor Durkan’s Announcement

 

In a statement published by Durkan’s office this morning, she made clear her intentions. Working alongside City Attorney Pete Holmes, Durkan will ask the city’s municipal court to throw out marijuana convictions from cases prior to the state’s decision to legalize weed.

Durkan’s announcement does not actually accomplish that objective. But it is the first step.

From here, the Seattle Attorney’s Office will formally ask the city’s municipal court to throw out all misdemeanor marijuana possession charges prior to 2012. If the authorities comply with the request, the court could dismiss thousands of convictions.

 

Durkan explained that there were several reasons for her decision to spearhead this effort. For starters, it’s an attempt to more accurately reflect current laws. Since cannabis is legal in Washington, it does not make sense that some people would still have cannabis charges on their criminal records.

Beyond that, it’s also part of ongoing efforts led by key lawmakers and city officials to implement more progressive weed laws.

In 2003, Seattle voted to make the prosecution of marijuana charges one of the city’s lowest law enforcement priorities. Then, in 2010, when City Attorney Pete Holmes was first elected, the city began dismissing all marijuana possession cases. At the time, Holmes said he would stop prosecuting all weed possession cases.

Today’s announcement serves as the latest step in this process. By providing a way to throw out previous convictions, this action could clear the records of thousands of Seattle residents.

 

Addressing Racial Inequities

Addressing racial disparities in law enforcement is arguably the most important motivation behind Durkan’s decision. Despite increasingly loose cannabis laws, both Seattle and the state of Washington have long records of racially disparate policing practices.

For example, a comprehensive report published by the Drug Policy Alliance found that marijuana possession arrests in Washington rose from 4,000 in 1986 to 11,000 in 2010.

During that time, black people were 2.9 times more likely to be arrested for possession than white people. Similarly, Latinx and Indigenous folks were arrested 1.6 times frequently than white people. Those trends occurred even though people of color actually consumed cannabis at lower rates than white people.

In this context, Durkan’s efforts to throw out old convictions could help address some of these inequities.

“The war on drugs had devastating impacts on people, especially people of color and their families,” she said in her official announcement. “People’s lives were ruined for misdemeanor marijuana offenses. This action is a necessary first step in righting the wrongs of the past and putting our progressive values into action.”

Final Hit: Seattle Could Dismiss Over 1,000 Marijuana Convictions

Mayor Durkan’s announcement is the latest in a string of similar moves from lawmakers around the country. At the end of January, San Francisco officials announced that they would dismiss thousands of cannabis convictions.

Additionally, Colorado Governor John Hickenlooper recently said he was considering releasing somewhere around 40 prisoners serving time for marijuana possession. The state of California is also considering similar actions.

Legal Marijuana and Restorative Justice

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Restorative justice is an emerging trend in the implementation of marijuana’s legalization.  In other words, how can society make up for the damage caused by prohibition? San Francisco is taking steps to clear convictions for marijuana offenses, utilizing authority provided by the passage of Prop 64 which legalized marijuana in California.

Equal Opportunity Efforts In The Marijuana Industry Throughout California

 

 

Efforts are underway to ensure that areas hardest hit by marijuana law enforcement receive equitable treatment. Especially, when it comes industry participation and awarding licenses for retail outlets.

San Francisco

In San Francisco, these goals also include consideration of how to invest marijuana tax revenues. The economic infrastructure in areas hard hit by prohibition is one of the main considerations. Giving priority to providing opportunities to people with prior arrest or convictions for marijuana offenses is another consideration.

 

A study of these issues in San Francisco notes that the city has been a leader in legalization efforts and that African-Americans have been hardest hit by arrests.  After a review of arrest, election, local economic and cannabis industry data a city report has identified several key barriers to entry into the adult-use cannabis market.  These include financial barriers such as access to capital and real estate, technical barriers involving business ownership and understanding of legal and regulatory issues, the role of criminal background checks in financial and regulatory procedures, and other problems related to geographic placement of businesses and an overall distrust of government.

The San Francisco study reviewed similar efforts in Oakland, Los Angeles, Colorado and Massachusetts. They arrived at 15 findings with numerous recommendations associated with each one to achieve the objectives identified above.  The priority will be to target populations “disproportionately impacted by cannabis prohibition.” Then, make sure they “are not crowded out by more well-resourced applicants.”  The report promotes incubator programs to provide incentives for entrepreneurs and established vendors.  Another policy goal is to promote equitable employment opportunities, targeting formerly-incarcerated individuals and hiring in neighborhoods with high arrest rates under prohibition.

Oakland

The City of Oakland, California based their equity analysis on the identification of “marginalized communities of color based on poverty, recent cannabis arrests and unemployment rates.”  This involved a comparison of the percentage racial groups in the general population with their percentage of total arrests in an area, along with the unemployment rate and poverty rate for the area.

Los Angeles

The City of Los Angeles took a 5-part approach in their equity analysis.  They identified racial disparities, areas with higher cannabis arrests and low-income populations. Then, areas with disproportionate numbers of arrests and high percentages of low-income households were designated as communities eligible for the equity program.

 

The City and County of San Francisco based their equity analysis on a similar comparison.  First, San Francisco compared census and arrest data to identify communities with “disproportionate levels of cannabis arrests.”

Finally, these areas were “cross-referenced . . . with low-income census tracts.”

Massachusetts’ Race-Neutral Approach

Massachusetts has taken a race-neutral approach to restorative justice. Instead, they’re focusing on assessing which communities have had the highest overall arrest rates for both marijuana and drug offenses. Additionally, incorporating local economic data on unemployment and the number of families living under the poverty level. Then, assessing the impact of prohibition in the past. Unemployment is the final factor Massachusetts will use to designate communities for economic development.

Final Hit: Legal Marijuana and Restorative Justice

All of these efforts provide solid models for the rest of the country as more areas legalize marijuana. The country continues to grapple with making up for the past harms created by marijuana prohibition. Restorative justice is a way to make things right instead of kicking people while they’re down.

 

Congress Just Extended Federal Medical Marijuana Protections

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Congress just extended the federal medical marijuana protections known as the Rohrabacher-Farr amendment, or the Rohrabacher-Blumenauer amendment. It happened early Friday morning when President Donald Trump signed a huge budget deal that brought a short federal shutdown to an end. But these temporary protections still face some uncertainty in the coming months. The latest spending plan only runs until the end of March. At that time, the medical marijuana community could become more volatile at the hands of the Department of Justice.

The Rohrabacher-Farr Amendment Keeps Going

 

The Rohrabacher-Farr amendment, which prevents Attorney General Sessions from spending tax dollars to prosecute medical marijuana businesses and patients, has been a part of the federal budget for the past few years. In fact, this is the eighth time the rider has been renewed since 2015.

This temporary rider is the only document on the books that protects medical marijuana states. Without it, the U.S Drug Enforcement Administration (DEA) would have free rein to investigate, raid and prosecute all connections to statewide medical marijuana programs.

Congress Riding Same Budget Since 2015

This does not mean Congress has been giving medical marijuana serious consideration during budget talks. It has not. Since Rohrabacher-Farr has been a part of the federal budget for the past three years, it has been gliding on the coattails of the renewal process. Basically, since Congress has not approved a new budget since 2015, the federal medical marijuana protections keep living.

Similar riders have been proposed in the past, but none have ever been given the time of day.

 

Sessions Pressures Congress to Eliminate Federal Medical Marijuana Protections

 

It is distinctly possible that the medical marijuana debate will come to a head next month. The current protections are only good until March 23. The Rohrabacher-Farr amendment must find its way inside a much larger budget to maintain. If it will survive the next round of negotiations is anyone’s guess. The protections are at risk for elimination. Attorney General Sessions has been pressuring both the House and Senate to ensure this happens.

It was just last year that Sessions sent a letter to Congressional leaders asking them to abandon support for Rohrabacher-Farr.

“I believe it would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of a historic drug epidemic and a potentially long-term uptick in violent crime,” Sessions wrote last June. “The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.”

Final Hit: Congress Just Extended Federal Medical Marijuana Protections

Congressional leadership will need to approve the language for inclusion in the new appropriations for the rider to stay intact. Although the Senate has shown some support, the House of Representative has been less than enthusiastic. As NORML political director Justin Strekal pointed out in his analysis, “The provision will now be considered by House and Senate leadership when the two chambers’ appropriations bills are reconciled, should Congress ever set a FY18 budget, of which is already over a third of the way behind us.”

Is Arizona Trying To Legalize Marijuana Again?

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Arizona has come close to legalizing weed in the past, but so far, it hasn’t quite succeeded. But now, thanks to a new proposal introduced yesterday in the House of Representatives, the state could give it another shot. With Arizona trying to legalize marijuana, the push for more weed-friendly laws around the country continues.

Arizona’s New Legalization Proposal

Republican Representative Todd Clodfelter, representing Tucson, and Democratic Representative Mark Cardenas, representing Phoenix, introduced the proposal on Thursday.

The proposal calls for the legalization of marijuana for adults 21 and older. More specifically, it would allow adults in Arizona to possess up to an ounce of cannabis. The proposal would also make it legal for adults to grow up to six plants.

Under the proposal, smoking in public would be illegal. Similarly, cities and towns would have the ability to choose whether or not to allow weed businesses. Employers would also have the freedom to choose whether or not to bar employees from consuming weed.

The proposal would also establish a system for taxing legal cannabis sales. These changes would apply to recreational weed. The state’s current medical marijuana laws would all remain intact.

 

Arizona and Cannabis

This isn’t the first time that lawmakers and voters in Arizona have considered the possibility of legalizing weed. In fact, the state has a bit of an up-and-down relationship with cannabis laws.

After several failed attempts to create a viable medical marijuana program during the late 1990s and early 2000s, the state finally legalized MMJ in 2010. That year, Proposition 203 passed with a narrow 50.1 percent favorable vote.

Proposition 205, which called for the legalization of recreational cannabis, made it onto the 2016 ballot. In a close contest, the bill lost, receiving 48.7 percent of the vote.

That year, four other states voted in favor of legalizing weed. Arizona was the only state with a legalization bill that year that did not pass.

Arizona was also the state that saw some of the most well-funded opposition efforts in the nation. Most notably, pharmaceutical company Insys Therapeutics gave $500,000 to Arizonans for Responsible Drug Policy, a leading anti-legalization group.

 

Then, a few months after the state’s legalization bill was defeated, news surfaced that Insys was developing its own synthetic marijuana drug called Syndros. In March 2017, the company received DEA approval for Syndros.

On top of all that, Insys has also been investigated for possible criminal activity related to the aggressive marketing of a drug containing the highly addictive opioid fentanyl.

Final Hit: Is Arizona Trying To Legalize Marijuana Again?

Clodfelter’s and Cardenas’ proposal could give voters in Arizona another chance to legalize weed. If it receives approval from the House and the Senate, the proposal will appear on November’s ballot.

At this point, it’s unclear whether or not the new proposal has a chance of succeeding. Importantly, the proposal was introduced by a bipartisan partnership between Clodfelter, a Republican, and Cardenas, a Democrat.

Despite this, local media sources report that there is strong Republican opposition to legalization throughout the state. The proposal is now up for consideration in the House. If it clears the House, it would then go onto the Senate.