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Kaltenbach buying Cannabis

Since our last update two years ago, numerous states have passed recreational or medical laws. At the same time, setbacks have come as ballot initiatives have been rejected. In other instances, lawmakers and certain governors remain steadfast in their opposition to pot. In , Politico reported that over million Americans lived in a legal cannabis state after the November Election Day results — inching closer to 50 percent of the population. In the meantime, states are continuing to prime themselves to legalize the drug, either for medicinal use, recreational use, or both. In , Republican Governor Kay Ivey in May signed a bill legalizing cannabis for medicinal use, although the program will be one of the most restrictive in the nation. Medicinal THC will only be available in capsules, lozenges, oils, suppositories, and topical gels and patches — so no smokeable flower, no vaping, no edibles — to treat the list of approved conditions. Patients will need to wait a bit longer even if they qualify. Legislative efforts have been taken in and to change the medical program. Additional efforts include SB Three additional bills are currently in committee. Then, the state became one of the early adopters of adult-use recreational marijuana, with voters passing a ballot measure in But rollout also came with some setbacks: dispensaries were slow to open, and getting product to remote parts of the state — accessible only by air travel , which is governed by federal law — proved difficult. That figure was supported, in part, because Alaskans pay the highest adult use flower taxes in the country. Medicinal cannabis has been legal in Arizona since , and in the state voted overwhelmingly to legalize it for recreational use, too. The measure that passed that November allowed for adults 21 and over to possess up to one ounce of cannabis, grow up to six plants, and provided an opportunity for people to have their criminal records expunged for certain cannabis-related crimes. It also called for a quick turnaround time for lawmakers to sort out the market rules and dole out licenses. As a result, the first recreational cannabis sales were made in late January. Arkansas voted to legalize cannabis for medicinal use in Qualified registered patients and caregivers are permitted to carry up to 2. In November , Arkansas rejected its first initiated constitutional measure on legalization, known as Issue 4. It was defeated with more than 56 percent of the vote. But in , when voters passed an adult-use legalization measure, the state made a crucial mistake: high taxes and expensive licenses discouraged existing retailers and customers to make the switch, and the established gray market just, well, stayed put. As California attempts to correct its costly decisions, operators across the legal and unlicensed markets continue to fear extinction. Flower prices are plummeting while licensed shops attempt to compete with unlicensed operations offering cheaper products tax-free and often not lab tested. Colorado, which passed a ballot initiative in , was the first state to establish a recreational marijuana market. They got some things right — like having Colorado has also gotten critical things wrong i. Consequently, the laws surrounding legal cannabis are a work in progress. In March , Governor Jared Polis signed a bill to establish a social equity program to provide loans, grants, and education for communities hardest hit by the war on drugs. The state also faced attacks from anti-marijuana activists, pushing for potency caps, particularly on extracts , which have long been popular in Colorado. The potency cap bill was enacted in June In February , state officials began a program aimed at minimizing the ongoing energy problem among Colorado cultivators. The commercial market bested expectations for a May opening, with sales beginning in January that year. Half of the available business licenses were earmarked for social equity applicants, with the first social equity joint venture, Fine Fettle, opening the following month. Nineteen dispensaries are open as of April Starting July 1, , 60 to 75 percent excise tax revenue will go toward the Social Equity and Innovation Fund. Connecticut has maintained a medical marijuana system for nearly a decade, with roughly 47, patients currently enrolled in the program for a wide range of reasons. It came as no surprise when the state legalized recreational use, especially considering nearby New Jersey and New York had done so the year before. Delaware legalized cannabis for medicinal use way back in , although home cultivation is not allowed. In March , the state Senate sent two legalization and sales bills, HB 1 and HB 2 , to the Governor, who has spent the following weeks not answering if he will sign them. Making matters more difficult, medical patients are not permitted to grow at home. In August , the state placed THC caps on edibles 60 mg , vaporizers mg , capsules mg , tinctures mg , topicals mg , and other product types. Yet progress may be on the horizon. In March , a poll by medical cannabis advocacy group Florida for Care found that 58 percent of Floridians are in favor of the state legalizing the drug for adult use. Several attempts to force a ballot initiative have been undertaken in recent years. In early April , an industry-backed reform effort had accumulated over 70 percent of the needed signatures for a ballot initiative. With a five-percent THC cap on medical products, the state fails to meet most qualifications as a medical cannabis market. Meanwhile, other THC products remained very much illegal. In , over 50, cannabis arrests were made in the state, which had the 5th-highest cannabis-related arrest rate in the nation. The numbers have dwindled in years, but not enough. Efforts have been made but continue to hit roadblocks. In , Democrats in the state legislature introduced the Georgia Justice Act, which would decriminalize low-level possession. Lawmakers in both chambers attempted to pass various reform bills in , but once again fell short. A January poll conducted by the Atlanta Journal-Constitution found that 53 percent of Georgians polled support adult-use legalization. However, with the legislature still controlled by Republicans, the will of the slim majority may not be factored into the laws anytime soon. Medical cannabis is legal and possession of less than three grams of cannabis was decriminalized in , but Hawaii does not have a recreational program. Lawmakers have been trying to change that for some time. In February , two bills were approved by a Senate committee, one to increase the decriminalization threshold from three grams to an ounce, and one to legalize cannabis for adult use. Neither were successful. Hopes are that legalization could come with a legalization-friendly governor , Josh Green, M. But old politics could still stall progress. Efforts in the Senate failed to pass. Things are not moving in the right direction in Idaho. Not only is anything with a trace of THC illegal, the state has been doing all it can to keep it that way. While the Senate approved, it failed in the House. In , Senate Joint Resolution , which would have increased voter-signature requirements for ballot initiatives, was ultimately shot down in the House. A similar measure was struck down by the state Supreme Court around this time. In November , a ballot initiative effort was announced by activists, seeking its inclusion in the ballot. Few updates have been made since. Of the three cannabis-related bills introduced during the session, just one has passed so far. The fight over legalization in Illinois came down not to if, but how. Chicago, perhaps the most segregated city in the U. The result was one of the most progressive legalization plans of its time when it was signed in Not only did it legalize for adults, it guaranteed expungement or pardons for anyone with a low-level nonviolent conviction nearly half a million people were able to have their records cleared as of December Some jurisdictions have taken it a step further, funneling pot revenue directly into the communities that were targeted. The program has been slow going. The region has become a hotbed for cannabis applicants , with equity and non-equity ventures alike applying to operate within a few blocks from one another. In April , the state Senate passed a bill prohibiting police from searching cars due to the smell of cannabis. As of February , the state has expunged nearly a half million cannabis criminal records. Indiana is very Republican, and cannabis is very illegal there. Though Governor Eric Holcomb signed a bill to legalize CBD in , penalties are still harsh for anything containing more than. Indiana is still under the Holcomb administration, and despite 17 bills filed during the legislative session, according to Marijuana Moment, no cannabis measures made it out of committee. Medicinal cannabis is legal in Iowa, but the program is pretty limited. Only around 5, Iowans have medical cards, and patients are not permitted to use flower. That support has gone down slightly, according to a Morningside University poll , which found 58 percent of respondents supporting adult use legalization. Reform attempts have been underway for some time. In late , Democratic lawmakers said they had a plan to get legalization on the ballot by at the earliest. In , Democratic lawmakers filed a legalization bill , while also putting their focus towards efforts to exempt medical cannabis sales from taxes. Of the 11 bills introduced in , nothing passed committee. All cannabis is illegal in Kansas, but in February , Democratic Governor Laura Kelly proposed legalizing it for medicinal use to help fun a Medicaid expansion. Weeks later, lawmakers introduced a bill to do just that. A fifth attempt was launched in January As of April , CBD containing less than. Medical legalization efforts have continued to stall. After a failure to pass such a bill during the session, Governor Kelly urged the public to let their lawmakers know how they feel. Until recently, CBD was all that citizens could legally obtain in Kentucky. That changed on March 31, , when Kentucky became the 38th state to approve medical cannabis. Governor Andy Beshear signed the bill, SB 47 , but citizens will have to wait some time to see it take effect on Jan. The law permits registered patients to keep a day supply at home, and carry a day supply on their person at any given time. Specific figures for the supply limits and pricing are still being determined by the state Cabinet for Health and Family Services. Home cultivation is not permitted. Two-thirds of Louisiana voters were in favor of recreational cannabis in the state as of A year later, a University of New Orleans poll found that 58 percent supported the measure. The dip in support still marks a majority support for reform in an oft-conservative state. Public desires be damned, legalization efforts remain slow going. The state enacted medical cannabis laws way back in , but it took until for a comprehensive program to be established. Even then, patients were only allowed tinctures for a limited number of conditions. Gummies and some other extracts have since been allowed, though, and in June of Democratic Governor John Bel Edwards signed a bill legalizing smokable cannabis for medicinal purposes. A week earlier, he signed a bill decriminalizing possession. The measures spanned a variety of topics, including medical reciprocity , allowing certain state employees to partake in the program, and expanding the number of allowable dispensaries or pharmacies as they are called in Louisiana. All 13 bills introduced during the legislative session remain in committee. Already, though, some in the state — which has had a medical program since , reliant mostly on small growers — worry that change is happening too fast. Big, multi-state cannabis companies are targeting Maine brand names like Keef are already on dispensary shelves leaving some to worry that the mom-and-pop legacy will be lost. With 31 bills filed in , more change could soon come to Maine, as measures like on-site consumption come up for debate. Meanwhile, state cannabis sales doubled in , backed by local, high-quality cannabis products. Maryland took a while to get to adult-use legalization, because it was stuck at the crossroads — as are many states that were hotspots of the failed drug war — of figuring out how to implement it fairly. Two bills, both focused on social equity, progressed through the state legislature in , but after each getting a single committee hearing, neither advanced. After an early April passage in Senate, legalization now awaits the signature of Governor Wess Moore, who is expected to sign the bill soon. Sales are slated to begin on July 1, Even then, rollout of retail shops were slow, with only 77 licensed recreational dispensaries open as of October As a result, the number of patients in the program grew to over , that year up from 67, the year before. After the long delays, momentum has certainly picked up. As of November , more than retail dispensaries had opened across the state. Michiganders voted overwhelmingly to legalize cannabis for recreational use in , with the first dispensaries opening up a little over a year later. Possession of up to 2. Public consumption, however, is not permitted. In October , Governor Gretchen Whitmer was able to sign legislation that allows residents with low-level cannabis convictions to have their records expunged. They have been game changers. Banking bills could be on the horizon too. However, a recent dark cloud on the market was cast when the former chair of the state licensing board, Rick Johnson, was charged for allegedly taking part in a multi-year license bribery effort. Johnson served as Republican House Speaker from Minnesota, which has had medically legal weed since , has been putting adult-use legalization bills through the ringer for years. There has been some progress, though. While these types of edibles are now allowed, other recreational rules and products remain prohibited. With the state hovering around full-scale legalization, the state Democratic—Farmer—Labor Party introduced a recreational cannabis bill, HF , in If passed, HF would permit adults 21 and over to possess up to five pounds of cannabis flower, or up to eight grams of concentrated oil. Home-grow would be permitted as well. On April 4, the bill was re-referred to the Ways and Means committee. Mississippi became the 37th state to legalize medical cannabis. Signed into law on Feb. The bill came after voters were faced with two different medical bills on a ballot initiative. Initiative 65, the broader reaching legalization bill, received 74 percent of voter support. The bill signed by the Governor is considered a middle-of-the-road between the two passed ballot initiatives. Under the law, patients can purchase and possess up to 3. Flower cannot exceed percent potency and home cultivation is prohibited. Missourians voted in to legalize cannabis for medicinal use. Despite its conservative Senate majority, the will of the citizens has continued to push legalization further. After making it onto the ballot, voters approved Amendment 3 on Election Day , passing by a percent margin. Under the law, adults 21 and over can take part, purchasing up to three ounces per transaction. Sales began in February , with sales booming early. Montana was one of the five states that voted in favor of cannabis ballot initiatives in November Adults 21 and over are allowed to possess up to one ounce of flower and eight grams of THC concentrate, and four plants per individual max eight per household may be cultivated at home. Dispensaries opened in January The measure was tabled in March , saving the industry in the minds of many legalization advocates. Among other parameters proposed in the bill, SB would have increased medical product taxes from 4 percent to 20 percent, and decreased home growers to just one mature plant. However, nothing passed from the effort. After almost making the ballot in , advocates pushed for a medical ballot question in , but the effort fell short by a few thousand signatures. In January , Sen. Anna Wishart D refiled a medical legalization bill from , serving as one of three cannabis reform bills introduced this year. Nevada legalized cannabis for recreational use through a ballot measure back in , with sales starting the following year. Adults over 21 are able to possess up to an ounce of flower and 3. Nevada is also beginning to make strides on the restorative justice front. In June , Governor Steve Sisolak pardoned over 15, people who had been convicted of cannabis-related offenses that are now legal. The market has continued to expand and be revised. In , AB approved consumption lounges. The following year saw 40 lounge licenses granted to standalone shops and existing stores. Lounges have not opened yet, but appear close. Meanwhile, cultivators continue to push lawmakers to revise tax codes they claim could threaten the viability of their businesses. New Hampshire may be known as a libertarian bastion — Live Free or Die, after all — but the state has held firm on traditionally conservative notions of weed. Medical marijuana is legal, and as of late May , there were nearly 12, patients in the state. No updates have been made since. A limited number of dispensaries exist, and personal cultivation is prohibited. In January , Democrats introduced legislation for recreational weed. But progress seems close. The House passed two legalization bills this session, with HB being sent to the Senate last week. Under the bill, adults could buy or possess up to four ounces but could not grow at home. New Jersey Gov. Phil Murphy promised legal weed on the campaign trail; he came through. Edwin J. Back in , then-Governor John Corzine signed medical marijuana into law, but when Republican succeeding Governor Chris Christie came into office the following year, he stymied the initiative, keeping the list of conditions short and the barrier for entry high. That all changed in , when incoming and current Gov. Phil Murphy signed a huge expansion into law, allowing for a range of conditions, and making it easier for patients to get the plant. Recreational pot passed via ballot initiative in , and sales began on April 21, Last March, lawmakers sent Murphy a bill allowing state operators to claim business deductions on state taxes. The measure would not have an impact on federal tax rules. New Mexico officially became the 17th state to legalize cannabis for recreational use in April , less than two weeks after state lawmakers passed the Cannabis Regulation Act. The law allows adults 21 and over to possess up to two ounces of flower, permits the home cultivation of up to six plants, and automatically wipes the records of those convicted of low-level cannabis offenses. The bill allows anyone affected to apply for expedited processing under a system the courts now must develop. In March , New York became the 15th state to legalize cannabis for recreational use, passing some of the most progressive legislation in the nation. The law allows adults 21 and over to possess up to three ounces of flower, grow three plants per person and six per household at home, and to smoke weed just about anywhere cigarettes are permitted a first for any state. While medical home-grow laws have taken effect, personal recreational grows are still waiting approval. Rules under the Marihuana Regulation and Taxation Act MRTA state that the Office of Cannabis Management must issue home grow regulations within 18 months of the first adult use sales taking place, which happened in late December — so we can probably expect that sometime in The MRTA also includes a host of restorative justice provisions, including the automatic expungement of records for those convicted of low-level offenses and ear-marking tax revenue for a community reinvestment fund. Some speculate that New York could find itself in a situation California has long battled. Cannabis is largely illegal in North Carolina. In April , Sen. Bill Rabon, one of the top Republicans in the state Senate, introduced the Compassionate Care Act, which would have legalized cannabis for certain medicinal uses. Meanwhile, popularity seemed to grow among the public. A poll conducted by Elon University in February found that a majority of residents support legalizing cannabis for adult use, while 73 percent support legalizing the drug for medicinal use. The number held firm in , when a Meredith College poll resulted in the same figure. But in , for the first time ever, Senate members passed a measure, SB , focused on patients and veterans. This year could see progress for the state, as several bills are up for consideration. Another bill, SB , would go further, permitting small amount possession for adults over 21 while automatically expunging possession records by July 1, or sooner. The bill passed its first hurdle in the House on March 22, It took a couple of tries for North Dakota to get medical marijuana — a ballot initiative failed in before one finally passed in An initiative made it to the ballot in , but it was rejected by almost 60 percent of voters. Earlier this year, some were optimistic that HB , which passed the House, might bring full legalization, but the Senate shut that plan down just weeks later. Days later, the body also blocked an effort to get legalization onto the ballot. Maybe a fourth time will be the charm? Since the latest setback to legalization, the state has made small changes to access, such as allowing hospice patients to partake in the program, becoming law in March Since Ohio legalized medical weed in , , people have purchased cannabis as patients. Weed is technically decriminalized in the state — less than grams is a misdemeanor — but local jurisdictions including Cincinnati, Columbus, and Cleveland have reduced the penalties even more, or gotten rid of them all together. Full legalization failed on a ballot initiative in , but a new bill, which would fully decriminalize both the possession and cultivation of pot, was introduced in March A day after its introduction, the bill was referred to the criminal justice committee, where it never progressed. In November , five additional jurisdictions voted to decriminalize. Adult use could be on the ballot in but remains uncertain. For the past few years, the award for hottest cannabis market in the country has gone to… Oklahoma? Procuring a recommendation from a doctor is still easy — about one in 10 adults in Oklahoma have a card. Patients can still reportedly obtain medical permits with ease. Operators are a different story. A two-year license freeze went into place in August More recently, the state sent a surprise through many who expected a March adult use ballot initiative to pass with ease. With just 25 percent of voters taking part, the measure was defeated by almost 62 percent of the vote. Pennsylvania has seemed primed for legalization for a few years now. The state has had a medical marijuana program for seven years, which has , patients and 37, caregivers as of July Polling in recent years continues to suggest that two-thirds of voters support adult-use. In addition, Lieutenant Governor turned Senator John Fetterman has become a national, vocal advocate of legalization. We need to expunge all criminal convictions. If there is anybody serving jail time for a marijuana conviction, get them out immediately. Four bills have been introduced during the legislative session. None have passed through committee at this time. In March , leaders in the Senate put forward a bill, and days later, Governor Dan McKee announced his proposal as part of the budget. They both called for the legalization of marijuana for adults 21 and over, establishment of licensing procedures, and both address giving back to the communities torn apart by the war on drugs. In May, legalization arrived, with a six-plant home grow cap included in the legislation. All cannabis is illegal in deep-red South Carolina, but one Republican lawmaker is doing all he can to pass a medicinal marijuana bill. Tom Davis threatened to hold all other legislation hostage if his colleagues tried to block his medicinal bill. In January , he introduced the S. Compassionate Care Act, a new version of the bill that stalled last year. The bill would not allow for smokable cannabis or home cultivation — only edibles, vape oils and topicals. If passed, the bill would likely reflect the desires of the citizens. A mid-April Winthrop University poll indicates medical legalization support continues to grow, with 76 percent of South Carolinians approving. The results follow a poll that found 72 percent favored medicinal cannabis reform. South Dakota may be one of the most conservative states in the nation, but in November its residents voted in favor of an initiative to legalize cannabis for medicinal use and an initiative to legalize it recreationally. Republican Governor Krisi Noem filed a lawsuit contesting the recreational provision, and the state Supreme Court ultimately struck it down by a margin. In , a new adult-use ballot measure fell short by roughly 20, votes. This March, Noem stuck to her anti-cannabis agenda, vetoing a bill that would have increased THC limits in hemp. A year later, they changed it to allow qualifying patients to bring products in from other states which is, of course, also against the law and in modified it again to specify those products had to be extremely low-THC — essentially just CBD products. Republican Governor Bill Lee in May signed a bill to expand the program, although not significantly, and to create a commission to study the possibility of a more comprehensive medicinal program. No cannabis bills made significant movement in Now, with the state embroiled in the controversial expulsion of two young black lawmakers, it is unlikely that cannabis gets much traction during the legislative session. Texas is tough on cannabis, but arrests are declining. The state made over 22, pot arrests in , a sharp decline that began in However, criticism persists, as 34 percent of arrests include Black individuals, marking an eight percent increase since There have been some recent efforts to bring about reform, most notably a bill to decriminalize that passed through a House committee. Texas does allow for the medicinal use of low-THC products, but only for a narrow set of intractable conditions. By , Texas voters were once again saying they wanted fewer pot restrictions. That may come in the form of HB , a House bill facing a mid-April vote. If approved, chronic pain would be added to the list of qualifying conditions, and THC caps would be replaced by a 10 mg dosage. On April 11, the House passed the measure by a tally. It now moves to the Senate where its future remains unclear. Though Utah has legalized medical weed, it was a hard road getting there — and it ended in a more conservative bill than advocates had hoped. In , as a voter initiative made its way to the ballot, the church stepped up with a counter offer , striking things like home-grow from the deal. Voters passed the initial version, but lawmakers enacted the more restrictive law. In , Vermont became the first state to legalize cannabis for adult use via the state legislature. Adults 21 and over are permitted to possess up to one ounce of flower, five grams of THC concentrate, and grow six plants. Sales officially began in October , allowing adults to purchase up to an ounce of THC in any product form. In April , Virginia became the first state in the South to legalize marijuana for recreational use. Initially, the bill was expected to go into effect in — but Governor Ralph Northam pushed that up to July 1st, In July , residents received the right to grow up to four cannabis plants and legally possess an ounce of weed. Medical patients can go to one of four dispensaries in the state. Cannabis can be shared but not purchased for adult use. Sharing rules have allowed some unlicensed pop-ups to open across the state under confusion around gifting laws. In February, a bill to start adult use sales by failed to pass the House of Delegates subcommittee, falling short in a party line vote. Cannabis has been fully legal in Washington state since By , Governor Jay Inslee was touting how well the program had been doing. More recently in March of this year, the state has focused efforts on passing protections for job applicants and interstate commerce. Cannabis is fully legal in Washington, D. This loophole is created by a rider in the federal budget, which prohibits the regulation of sales in the District. The rider was once again included in the budget. The small handful of dispensaries in the district only sell to medicinal patients. With adult-use sales on ice, local lawmakers have turned to expanding the medical program; with Mayor Muriel Bowser D signing the Medical Cannabis Amendment Act of this past February. West Virginia had three bills introduced in the session — two to legalize pot, and one to decriminalize it. None of them made it to the floor. In the meantime, lawmakers rolled out a medical program that year— though it was signed into law in , patients only became eligible to register this February. Growers, processors, and dispensaries received licenses. However, little other progress has been made, with no cannabis measures passed in Twenty-three cannabis bills have been in committee in Wisconsin may be a swing state, but cannabis is fully illegal and the laws prohibiting it are strict. Cannabis is fully illegal in Wyoming, and the penalties for violations are strict. An ACLU study found that in black people were 5. Legalization has begun to generate some bipartisan momentum, though. In , HB would have legalized adult use but did not pass. In March , two ballot initiatives failed to qualify for the ballot by failing to meet minimum signature percentages in various counties. Rolling Stone is a part of Penske Media Corporation. All rights reserved. The Greatest Guitarists of All Time. The Greatest Albums of All Time. The Greatest Singers of All Time. The first version of this map was published in We will continue to update it as state laws change. In this article: Cannabis, cannabismay, marijuana, Pot Legalization. Sub Culture Sub Culture Features. More News. Isaiah Colbert. They're Huge on TikTok. In the Clurb By Annie Goldsmith. Issy van der Velde. Go to PMC. Most Popular. You might also like. Powered by WordPress. Log In. Sub Culture. RS Films. RS Recommends. Culture Council.

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Kaltenbach buying Cannabis

A missing piece of most cannabis conversations in New Mexico, whether it has to do with medical or the potential for legalization of recreational- use, is how Indigenous Communities are impacted. Additional Reading — We talk a lot in this episode about a hemp-growing operation in Northwest New Mexico. As the episode points our, there are a lot of concerns about how that operation is being handled and operated. A lot has happened in this story since we taped out interview with Navajo Times Reporter Arlyssa Becenti, but here are some of her most recent updates and related reporting from other news outlets:. Andy Lyman: When lawmakers debate cannabis legalization, they often focus on public safety and potential tax revenue for the state. Megan Kamerick: And we could probably spend a lot longer than 30 minutes talking about it. Andy Lyman: One contributing factor is that the 23 tribes, pueblos and reservations in New Mexico are all sovereign nations, which raises a lot of questions about what role they should have when lawmakers draft legalization proposals. Megan Kamerick: Another important thing to remember is that Native Americans are far from monolithic. Monica Braine: Like, you know, not all towns and cities and states and counties are on the same page across the country when it comes to medical cannabis, or any kind of cannabis, really. After years of reporting on the issue, she says there are no universal truths when it comes to cannabis in Indian country. Monica Braine: There are tribes that got in on the game early and whether it was on the medical side or in states that have legalized and they run their own dispensaries or they are growing or distributing things like that. And when it comes to criminal jurisdiction, things are covered under the major crimes act. The Obama administration did crack down on some states that had a recreational use program. But in , U. Deputy Attorney General James Cole issued a memo. It essentially said the federal government would take a hands-off approach, letting states chart their own course with cannabis. Monica says that guidance commonly referred to as the Cole memo, applied to tribes as well. Monica Braine: so initially, it really looked like tribes were not going to be able to get in the game. The Cole memo came out, and it sort of indicated that tribes would have the possibility of being able to produce or sell or things like that. Of course, the Cole memo came out during the Obama administration. The trump administration rescinded it. But this provides an economic opportunity for the tribe for the community to thrive and grow. Among a long list of other things, Arlyssa has been covering industrial hemp farming on the Navajo Nation. He ran for president. But in , he came to Navajo Nation Council with a legislation wanting to, you know, get into the medicinal marijuana business. But that legislation was withdrawn. When he went to the leaders. Last year in , I got a tip that he was pursuing hemp. And so I left it. Andy Lyman: Arlyssa has been covering this issue from the start. But another news outlet Searchlight New Mexico recently picked up the story and was able to get some information that Arlyssa says many officials were not willing to give her. Part of what Searchlight reported was that Dineh Benally was likely growing cannabis with the psychoactive substance THC, which is illegal on Navajo Nation. Benally was also featured in a story earlier this year on the PBS Newshour. But this crop comes with some caveats. The U. Agriculture Department and tribal lands have new regulations around the farming of hemp. These include sample testing of the plants to ensure their THC levels are low enough to be considered hemp, and to plan to dispose of any plants that test too high. And Navajo leaders like President Jonathan Nez, say Benally must follow the new federal rules and get permission from the nation to raise a hemp crop. Dineh Benally: And we just want to be able to do it correctly and protect our Navajo people that want to utilize that product on our nation. PBS Newshour Reporter: Benally says he will work to ensure he is meeting the new federal and tribal guidelines. And he understands cooperation ensures success. Dineh Benally: We have to work together. Nobody wants to talk to me, everyone is very antagonistic towards me when I speak with them. Hemp was actually made legal in New Mexico under former Governor Susana Martinez, albeit probably by accident. Martinez actually planned to veto the hemp legalization bill, but the state supreme court ruled that she failed to go through the correct veto process. Without the proper veto, that means hemp was now a de facto legal crop. Andy Lyman: Remember, by law hemp has to have no more than. With that significant amount of THC. And we just politically. Just from the discussions and the NMSU pilot project, when I was listening to it over a year ago, this Shiprock chapter was just really afraid that well, the elders there, were really afraid of what bad it could bring to the community. And so just also education, education is needed from people who are wanting to go forward with hemp, industrial hemp. And they left a big destruction. The largest uranium mine spill, radioactive mine spill, happened here in church rock, and it just completely ruined the water system in the Rio Puerco. And this is basically new. We all have our different beliefs and how we interpret Navajo beliefs and Navajo traditions, even Navajo language. Shiprock is a really farm-exclusive territory where they grow melons and corn and you know, squash and everything like that. And so those are our problems that we see now. Megan Kamerick: Clearly there are some diverse views on the Navajo Nation, and even if the tribal government comes to a consensus on recreational use cannabis, it will likely be a different view from other tribal communities in the state. Andy Lyman: There are examples of other tribal governments around the us that have figured out how to get into the legal cannabis industry. In Nevada, for example, the state passed a law that allows tribes to negotiate directly with the governor, instead of getting the feds involved. Monica Braine points to one tribe in California that challenged a state mandate that would have significantly impacted a core principle of all tribes… Sovereignty. And one of the things that was really interesting about California was that if tribes wanted to sell cannabis, they needed to get certified through the state to be allowed to sell according to the state. But this particular tribe, the Benton Paiute is actually not that big, but they work well together as a cohesive government and have been governing themselves for a very long time. And so, they put the systems in place to be able to do that, which I found really fascinating. I asked monica what she thinks about how involved officials in Indian Country are in the important conversations about medical cannabis and the legalization of recreational cannabis. And particularly, when it comes to this question of whether or not they will have to certify themselves through the state to be able to sell, to be able to manufacture, to be able to grow. This current administration that we have, I think, is focused on making sure that they consult with tribes and things like that. Andy Lyman: Yes. And again, just as a reminder that and I said earlier, hemp by law has to have a very low percentage of THC. If New Mexico were to legalize cannabis next year, this is something that tribal groups are going to have to, you know, really get their voice heard on this issue. Because there is that disconnect between state, federal and tribal governments. Megan Kamerick: And so that disconnect between states and the federal government is basically compounded for Native American tribes. They have to navigate relationships at the federal level, the state level, even the local level. Monica Braine: Whether or not tribes have a good relationship with their state is always sort of a tricky situation. And it can vary from administration to administration. And then on top of that, you have the relationship with the federal government. I think, going back to like that Cole memo, it made things confusing as to whether or not the federal government was on board with tribes being able to pursue this as a economic development. We have major federal legislation that paved the way for tribes to do gaming, they do have to negotiate compacts with states. So, do we need federal legislation? And is that even a possibility? I only do my relationship with the federal government. Megan Kamerick: We should probably point out that we recorded this episode prior to the presidential election. For instance, it seems to me that the trump administration would rather leave the issue up to individual states. Whether that would give autonomy to tribes is a good question. I think that Joe Biden had offered even less clarity on the issue. Megan Kamerick: That makes me even more curious about what New Mexico lawmakers will, or even can, do to include tribes and legalization efforts. I mean, I guess New Mexico could enter into some sort of compact, like in Nevada? Andy Lyman: Yeah, seems like that should be a possibility. The plant is still listed as a schedule one drug. Andy Lyman: Emily Kaltenbach is with the New Mexico Drug Policy Alliance, a group that advocates for things like criminal justice reform and revamping drug laws. They were at the forefront of the efforts to legalize medical cannabis more than a decade ago. Now the group is focusing on legalizing recreational use cannabis. Emily Kaltenbach: If you look at how many U. There are different proposals out there. One is just to reduce it to a lower schedule, right, that shows that it does have some medicinal value, but still is controlled in a medical setting. But, Emily says previous proposals did at least address autonomy of sovereign nations. Megan Kamerick: Monica says an ideal situation for tribes would be if they could navigate legalizing cannabis independently from surrounding states. But with these added layers of bureaucracy and questions about state versus federal jurisdictions, that seems kind of overwhelming for tribal governments that are also grappling with huge issues like the COVID pandemic. I can see why lawyers advise and why some tribes have a lot of trepidation about getting into lists just from your description, like, ah! What a headache…i mean, with maybe a potentially good revenue stream, but who knows…. Bryce also does the editing. Join us next time when Megan and I take a couple of field trips. It really helps. You can also get caught up on all of our episodes so far by heading to nmpbs.

Kaltenbach buying Cannabis