2021 is coming to a close—and seriously, how did that happen so fast? Since it’s that time of year to reflect on the year that was, these were some of the biggest stories in weed in 2021:
Sha’Carri Richardson was denied the chance to compete in the Tokyo Summer Olympics because she tested positive for THC. Richardson dominated the women’s 100-meter qualifying race at the U.S. Olympic Track and Field Trials in Eugene, Oregon. However, the U.S. Anti-Doping Agency (USADA) prohibited her from competing after the positive test.
“Richardson’s competitive results obtained on June 19, 2021, including her Olympic qualifying results at the Team Trials, have been disqualified, and she forfeits any medals, points, and prizes,” a statement from the USADA said.
Richardson, who had just learned about her mother’s death, consumed marijuana in Oregon, a legal cannabis state. Despite the lack of evidence that marijuana or THC enhances athletic ability and a petition signed by more than half a million people, Richardson could not compete.
Colorado’s Speaker of the House, Alec Garnett (D-Denver), introduced legislation to tighten rules for medical marijuana and marijuana concentrates. The Colorado Legislature passed HB 1317 in June, and Governor Jared Polis (D-Colorado), signed the bill into law in the same month.
A new state tracking system will monitor medical marijuana patients’ purchases to prevent them from buying more than the allowed daily limit. Additionally, the law lowered the purchase limit on concentrates for medical and recreational to 8 grams per day, down from the previous 40-gram limit. For medical marijuana patients between the ages of 18-20, the limit on concentrates was lowered to two grams per day.
Amazon, one of the largest employers in the United States, dropped drug testing for applicants and employees this year.
“We will no longer include marijuana in our comprehensive drug screening program for any positions not regulated by the Department of Transportation, and will instead treat it the same as alcohol use. We will continue to do impairment checks on the job and will test for all drugs and alcohol after any incident,” the company said in a blog post.
Going one step further, the company said that they would actively lobby Congress to pass the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which would legalize cannabis nationally.
This may be the biggest story that wasn’t. We’re at the end of 2021, and there still hasn’t been any movement on ending the prohibition on cannabis or improving access to banking.
Several marijuana legalization and banking bills were introduced in the last few years, including the MORE Act and the SAFE Banking Act. In 2020, the House passed the MORE Act, but it never received a hearing in the Senate. The House passed different versions of the SAFE Banking Act five times, but like the MORE Act, it stalled in the Senate.
One of the sponsors of the SAFE Banking Act, Rep. Ed Perlmutter (D-CO), said in a statement, “[P]eople are still getting killed and businesses are still getting robbed because of a lack of action from the Senate. The SAFE Banking Act has been sitting in the Senate for three years and with every passing day their unwillingness to deal with the issue endangers and harms businesses, their employees, and communities across the country.”
In states that have legalized adult-use marijuana, youth marijuana use has not increased.
A study published in JAMA Pediatrics found that teen marijuana use decreased after legalization. Researchers analyzed data from 1.4 million high school students between 1993 and 2017 and found an 8 percent decrease in teen use after states legalized recreational marijuana.
The U.S. Department of Education’s National Center for Education Statistics (NCES) analyzed ten years of data from students in grades 9-12 who reported marijuana use in the previous 30 days. They found that between 2009 and 2019, youth marijuana use has remained essentially unchanged.
“The overall percentage of students who reported using marijuana at least 1 time during the previous 30 days in 2019 was not measurably different from the percentage in 2009…. There was no measurable difference between 2009 and 2019 in the percentage of students who reported that illegal drugs were made available to them on school property.”
The findings are consistent with prior data concerning youth marijuana use.
A study published in the Journal of the American Medical Association (JAMA) found that recreational and medical marijuana legalization does not lead to increased youth consumption. In fact, researchers found that legalization actually leads to lower youth consumption rates.
The study found that in states where recreational marijuana had been legal for two years or more, there was an associated decrease in marijuana use.
According to researchers, “medical marijuana law (MML) adoption was associated with a 6% decrease in the odds of current marijuana use and a 7% decrease in the odds of frequent marijuana use.”
The study further concluded that “estimates of the association between the opening of the first recreational dispensary and marijuana use were qualitatively similar” Meaning, that there’s a clear link between the first marijuana dispensaries opening and a decrease in teen use.
The overall association between legal recreational marijuana and marijuana use among adolescents was “statistically indistinguishable from zero.”
Critics of marijuana legalization often cite concerns about increased youth marijuana use in support of prohibition or more restrictive cannabis laws.
Researchers analyzed data compiled from the Youth Risk Behavior Survey from 1993 to 2017 in ten medical or adult-use states.
The JAMA results are consistent with other studies on youth marijuana use after legalization. Earlier this year, a federal study by the U.S. Department of Education’s National Center for Education Statistics (CNES) found that states that have legalized adult-use marijuana did not see an increase in either youth marijuana use or availability.
A study published in JAMA Pediatrics in 2019 produced the same findings.
“Consistent with the results of previous researchers, there was no evidence that the legalization of medical marijuana encourages marijuana use among youth. Moreover, the estimates reported…that marijuana use among youth may actually decline after legalization for recreational purposes.”
Additionally, data from the U.S. Centers for Disease Control and Prevention reported that the number of adolescents admitted to drug treatment programs for marijuana-related issues has fallen in states with legal adult-use marijuana.
Researchers could have access to retail cannabis as part of the infrastructure bill passed in the Senate last week.
What does marijuana have to do with infrastructure? Well, nothing, sort of. The provision included in the bill would require the US transportation secretary to develop a public report on the risk of cannabis-impaired driving within two years. As part of creating that report, researchers would have access to high-quality cannabis from state-approved dispensaries.
Scientists studying marijuana have been limited to notoriously poor-quality cannabis from the government-run research facility out of the University of Mississippi. The provision in the infrastructure bill would enable researchers to study the actual marijuana that people are consuming.
Additionally, the public report must include advice to lawmakers on how to set up a “national clearinghouse to collect and distribute samples and strains of marijuana for scientific research that includes marijuana and products containing marijuana lawfully available to patients or consumers in a state on a retail basis.”
In states that haven’t legalized either medical or recreational marijuana, this clearinghouse would ensure scientists’ access to high-quality cannabis from dispensaries in legal states.
If the new marijuana reform rules pass, states with legal medical or recreational marijuana would be required to develop programs to “educate drivers regarding the risks associated with marijuana-impaired driving” and “to reduce injuries and deaths resulting from individuals driving motor vehicles while impaired by marijuana.”
Senator John Hickenlooper (D-CO) sponsored the marijuana reform amendment that was included in the infrastructure bill.
“Colorado led the way on marijuana legalization,” Hickenlooper said in a press release. “The federal government needs to catch up by lifting outdated restrictions on the scientific study of cannabis so we can prevent driving while high.”
The Senate approved the infrastructure bill containing the marijuana reform provision by a 69-30 vote. Next, the bill will go to the House for approval before heading to President Biden’s desk for his signature.
Amazon announced that it supports nationwide cannabis legalization and will no longer test most job applicants for marijuana use.
“We will no longer include marijuana in our comprehensive drug screening program for any positions not regulated by the Department of Transportation, and will instead treat it the same as alcohol use. We will continue to do impairment checks on the job and will test for all drugs and alcohol after any incident,” the company said in a blog post.
Additionally, the company said they would actively lobby Congress to pass the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which would legalize cannabis nationally.
“And because we know that this issue is bigger than Amazon, our public policy team will be actively supporting The Marijuana Opportunity Reinvestment and Expungement Act of 2021 (MORE Act)—federal legislation that would legalize marijuana at the federal level, expunge criminal records, and invest in impacted communities. We hope that other employers will join us, and that policymakers will act swiftly to pass this law,” according to Amazon’s blog.
Support for legalization and dropping drug testing for employees is a huge change for the second-largest private employer in the U.S. Prior to this announcement, the company disqualified people who tested positive for marijuana use from employment.
For example, in March, the company was sued by a man who said that the company reversed a hiring offer because of marijuana use—testing prospective employees for marijuana has been banned in New York City.
The Drug Policy Alliance expressed support in a statement in response to the policy change.
“Drug testing has never provided an accurate indication of a person’s ability to perform their job, and yet this incredibly invasive practice has locked out millions of people who use drugs—both licit and illicit—from the workplace.”
However, the advocacy group urged Amazon to go further by ending all drug testing and supporting policies that promote equity for people of color.
“We implore Amazon and other employers to let this be the starting point and not the goal post. This change can and should be the catalyst to a much larger move—ending drug testing for all drugs—that would ensure a more just and equitable future for millions of people, especially Black, Brown and Indigenous communities who have been disproportionately impacted by these policies.”
New York state has legalized adult-use marijuana, becoming the 15th state in the country to end cannabis prohibition.
In addition to legalizing recreational cannabis, the legislation that Gov. Andrew Cuomo (D) signed into law last Wednesday will expunge the records of people with a previous marijuana conviction.
“This is a historic day in New York — one that rights the wrongs of the past by putting an end to harsh prison sentences, embraces an industry that will grow the Empire State’s economy, and prioritizes marginalized communities so those that have suffered the most will be the first to reap the benefits,” Cuomo said in a statement. “I’m proud these comprehensive reforms address and balance the social equity, safety and economic impacts of legal adult-use cannabis.”
Keep in mind that marijuana sales won’t start immediately, as the state needs time to establish a regulatory framework. The first cannabis sales are expected to begin in 2022.
Under the new law, adults can possess up to 3 ounces of cannabis and 24 grams of concentrate and cultivate up to three mature and three immature cannabis plants. Social consumption sites and weed delivery will be permitted.
Tax revenue from recreational marijuana sales will go towards education, a community grants reinvestment fund, and a drug treatment and public education fund. The state estimates that legalizing marijuana will create 30,000 to 60,000 jobs in the state.
New York’s neighbor, New Jersey, legalized recreational marijuana earlier this year.
“We expect 2021 to be a record-breaking year for legislatures legalizing cannabis,” Steve Hawkins, executive director at the Marijuana Policy Project, said in a statement. “More than two-thirds of Americans believe it’s time to end prohibition and this move represents the latest example of elected officials joining the chorus of support for legalizing and regulating cannabis for adults.”
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Legalization – About These Markets
Missouri
In 2018, voters in Missouri were in favor of legalizing medical marijuana, passing Amendment 2 with 65 percent approval. It was a watershed moment for a state that had traditionally opposed marijuana use. The amendment to the state constitution allows doctors to prescribe medical cannabis for ten qualifying medical conditions and patients can cultivate up to six plants.
Medical marijuana sales are just starting to ramp up in Missouri. During the first week of 2021, the state saw the first sales of edible marijuana products. Plus, there’s the possibility that voters could weigh in on legal recreational marijuana as early as 2022.
Oklahoma
Oklahoma became the 30th state to legalize medical marijuana in 2018. Like Missouri, Oklahoma generally opposed marijuana legalization—in 2016 they joined Nebraska in an attempt to sue Colorado over legal weed. However, in 2018, public opinion had shifted enough that a medical marijuana initiative passed with a 57% to 43% margin.
In 2020, medical marijuana was booming in Oklahoma. Residents bought a record amount of medical marijuana, increasing tax collections by more than 25%. The Oklahoma Tax Commission received $9.8 million in state taxes in April.
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On December 4, the U.S. House of Representatives voted to end federal marijuana prohibition.
Under the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, cannabis would be decriminalized and removed as a scheduled substance.
The MORE Act would expunge federal marijuana convictions and create a reinvestment program to support individuals most impacted by the War on Drugs. A 5% federal tax on cannabis would go toward services such as job training, legal aid, and literacy and health education programs.
Rep. Ed Blumenauer (D-OR), who has long advocated for marijuana legalization, said that the bill is “going to make a huge difference for people all across America as Congress starts to catch up to where the American public is.”
“There’s a whole range of things that the MORE Act fixes,” Blumenauer said. “But most important is it stops this failed war on drugs that is so unfair to Americans of color, particularly black and brown. It will stop the federal interference with research. It’ll allow this emerging market to thrive, make it possible for more people to participate and be able to get on with their lives.”
The bill passed by a vote of 228 to 164, with 222 Democrats, five Republicans, and one Independent voting in support.
At a press event following the bill’s passage, Rep. Barbara Lee (D-CA) said that this “really is a moment for racial justice. We know that this year has put inequality and systemic racism to the forefront of our attention, and there’s no better way to close out this year than to really begin to atone for the destructive policies brought on by the failed war on drugs.”
The House might be as far as legalizing marijuana goes for now, however. Mitch McConnell (R-KY), the Senate Majority Leader, is against ending cannabis prohibition. McConnell, also known as the Grim Reaper when it comes to killing legislation, is expected to block any marijuana bills from getting a vote in the Senate. Vice President-elect Kamala Harris (D-CA) is the lead sponsor of the Senate version of the bill.
On October 12, Michigan Gov. Gretchen Whitmer (D) signed the “Clean Slate” legislation to expand expungement for marijuana convictions in the state. The legislation is a series of seven bills to broaden the criteria for expungements related to not only marijuana but also traffic offenses and other minor crimes.
“This is bigger than criminal justice reform,” Lt. Gov. Garlin Gilchrist said. “This is about economic opportunity and full participation in our economy and our society.”
Michiganders convicted of misdemeanor marijuana offenses that would have been legal after cannabis was legalized in the state in 2018 can apply to have their convictions erased. Prosecutors will have 60 days to dispute the claim. If prosecutors don’t make a rebuttal, the marijuana conviction will be expunged.
Misdemeanors and felonies not related to marijuana will be cleared with an automatic expungement process.
“During my 2018 campaign for governor, I made expungement of marijuana charges one of my key priorities, and I’m so proud today that we can follow through on that goal,” Whitmer said at a press conference. “For too long, criminal charges have created barriers to employment, barriers to housing, and others for hundreds of thousands of Michiganders. These bipartisan bills are going to be a game-changer.”
Michigan will automatically clear misdemeanors seven years after sentencing. Felonies will be removed ten years after sentencing or the person’s release from incarceration, whichever was last. Up to two felonies and four misdemeanors can be automatically cleared.
“You’re in your community, you’re invested in your community, you’re spending time with your family, you’re working, you’re accessing housing,” said State Rep. Graham Filler (Dewitt-R). “We have less recidivism, less victims. This is what happens when you access expungement.”
The laws are set to take effect in April 2021.
Researchers Study Whether Cows Fed Hemp Will Get Meat Eaters and Milk Drinkers High
Will feeding hemp to cattle pass along a high to humans? That’s what researchers at Kansas State University hope to discover after the U.S. Department of Agriculture (USDA) awarded them a $200,000 grant.
Although the federal government legalized hemp under the 2018 Farm Bill, it’s prohibited for use as animal feed, and no one really knows what effect cannabinoids have on cattle. Plus, using hemp as livestock feed could potentially result in concentrations of THC in meat and milk.
“Our goal is to fill in the knowledge gaps,” said Michael Kleinhenz, one of the researchers at Kansas State University. “Until feedstuffs containing hemp are established as safe in animals, our data will assist producers in managing situations involving intentional or unintentional hemp exposures.”
Fewer Vaping Illnesses Reported in Legal Marijuana States
According to a study conducted by the Yale School of Public Health, higher rates of e-cigarette and marijuana vaping did not result in more vaping-related lung injuries (known as EVALI) in states with legalized marijuana.
“Indeed, the five earliest states to legalize recreational marijuana—Alaska, California, Colorado, Oregon and Washington—all had less than one EVALI case per 100,000 residents aged 12 to 64. None of the highest EVALI-prevalence states—Utah, North Dakota, Minnesota, Delaware and Indiana—allowed recreational marijuana use,” according to Yale researchers.
So what accounts for the difference? It turns out that the use of Vitamin E acetate, a vaping additive used to dilute marijuana oils in mostly black-market vaping products, is responsible for the rise in EVALI cases. People in states where marijuana is still prohibited are more likely to seek out black-market products.
Yale researchers used data collected by the Centers for Disease Control (CDC) related to EVALI hospitalization and deaths nationwide.
Another Month, Another Colorado Marijuana Sales Record
Marijuana sales in Colorado have been breaking records nearly every month, despite (or maybe because of) the COVID-19 pandemic. July was no exception: Recreational marijuana dispensary sales amounted to $183,106,003, while medical marijuana sales amounted to $43,268,565. Combined, that’s $226,374,568 worth of weed, up 13.8% from June.
So far, Colorado dispensaries have sold more than $1.2 billion worth of marijuana edibles, concentrate, and flower in 2020, amounting to $203 million in taxes for the state.
If cannabis sales continue to break records, 2020 could surpass 2019’s record of $1.75 billion in annual sales.
At the beginning of 2020, three states already have marijuana legislation appearing on ballots this November. South Dakotans will have a double dose of marijuana initiatives, as voters decide on both medical and adult-use legalization. Medical marijuana is on the ballot in Mississippi, and New Jersey will give legalizing recreational marijuana another go.
Medical and Recreational marijuana will be on South Dakota’s ballot
This November, South Dakota will be the first state to vote on the legalization of both medical and recreational marijuana on the same ballot.
The ballot initiative for legalizing adult-use marijuana was given the official go-ahead by South Dakota’s Secretary of State earlier this week. South Dakotans for Better Marijuana Laws submitted over 50,000 signatures in support of the initiative, well over the number required to make it on the ballot.
If voters approve the adult-use ballot measure, it will allow adults 21 and older to possess up to an ounce of cannabis as well as cultivation of up to three marijuana plants. The South Dakota Department of Revenue would issue licenses for manufacturers, testing facilities, and retailers. Sales tax on recreational sales would be 15%.
“The adult-use legalization initiative will greatly benefit the people of South Dakota by ending the injustice of arresting otherwise law-abiding adults for marijuana offenses. It will focus law enforcement resources on fighting serious crime, generate new tax revenue for the state, and create jobs,” said Marijuana Policy Project deputy director Matthew Schweich in a press release.
An initiative for medical marijuana will also be put to voters this November after New Approach South Dakota submitted more than 30,000 signatures to the state.
Marijuana advocates in South Dakota expect some opposition to legalization from state Republicans. Gov. Kristi Noem (R) vetoed a hemp legalization bill last year.
Voters will decide on legalizing medical marijuana in Mississippi
An initiative to create a medical marijuana program in Mississippi has received enough signatures to appear on the 2020 ballot.
Ballot Initiative 65 would legalize medical marijuana for 22 qualifying conditions, including cancer, chronic pain, and post-traumatic stress disorder (PTSD). Each medical marijuana patient would be allowed to possess up to 2.5 ounces of cannabis per 14-day period.
Mississippians for Compassionate Care (MCC) collected more than 214,000 signatures.
“The polling is extremely positive,” MCC spokesperson Jamie Grantham said. “It polls above 77 percent, with every age group, religious affiliation, political affiliation, and other groups. Also, to that point, we saw the overwhelming support from the number of signatures we received.”
Gov. Phil Bryant (R) and the Mississippi State Board of Health oppose medical marijuana. Lawmakers will have four months to approve, reject, or amend the proposal.
Adult-use marijuana referendum on 2020 ballot in New Jersey
The New Jersey state legislature passed a resolution that will put the question of marijuana legalization to voters in November.
The referendum would legalize possession of marijuana for adults 21 and older and would be subject to a 6.625 percent state sales tax.
“We’re optimistic that next November, New Jersey voters will replace an eight-decade-long policy disaster with a far more sensible approach to marijuana,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project.
Last March, legislation that would have legalized adult-use cannabis in New Jersey was pulled from a vote in the state legislature after failing to secure enough support from lawmakers.
