Paul Armentano: Across America, marijuana was a big winner on Election Day
From OtherWords.org
On many issues, our country is deeply divided. But when it comes to loosening the longstanding prohibition on cannabis, most Americans agree.
On Election Day, voters in states across the country approved a series of ballot proposals legalizing the use and distribution of marijuana for either medical or adult-use purposes.
Their voices were unmistakable and emphatic. Majorities of Americans decided in favor of every marijuana-related proposition placed before them — a clean sweep — and they did so by record margins.
Voters approved the legalization of medical cannabis in two states, Mississippi and South Dakota.
In Mississippi, voters chose between two dueling initiatives. Ultimately, they favored a measure placed on the ballot by patient advocates and rejected a more restrictive alternative measure placed on the ballot by state lawmakers. In one of many lopsided results on Election Day, 74 percent of voters chose the more liberal of the two measures.
Voters legalized the possession of marijuana by adults in Arizona, Montana, New Jersey and South Dakota.
The measures in Arizona, Montana, and South Dakota each permit adults to possess and cultivate marijuana for personal use and establish a regulated retail market.
In New Jersey, voters decided on a public ballot question. That means that Garden State lawmakers must now amend state law to comport it with the voters’ decision.
Voters’ actions on Election Day were an unequivocal rebuke to the longstanding policy of federal marijuana prohibition. They are an indication that marijuana legalization is far from a fringe issue, but one that is now embraced by mainstream America.
In New Jersey, 67 percent of voters chose legalization. In Arizona, legalization passed by a 20 percent margin, just four years after voters had rejected a similar ballot question. Fifty-seven percent of Montanans backed legalization, as did 54 percent of South Dakotans.
Voters did so despite opposition from many of their public officials. Republican South Dakota Gov. Kristi Noem appeared in television ads opposing both state initiative measures. Montana U.S. Atty. Kurt Alme issued a white paper opining that legalization would have “serious ramifications” for “public safety and health.”
These attacks, however, failed to gain traction.
As in 2016, when voters in deep red states like Arkansas and North Dakota joined voters in deep blue states like California and Massachusetts to reform their cannabis laws, these 2020 results once again affirm that marijuana legalization is a uniquely popular issue with voters of all political persuasions.
Indeed, majorities of Democrats, independents, and Republicans consistently endorse legalization in national polls.
The results also continue a multi-decade long trend of marijuana legalization advocates achieving success at the ballot box. Since 1996, voters have decided affirmatively on 35 separate ballot measures legalizing cannabis (22 legalizing medical marijuana and 13 legalizing adult use).
Despite this public consensus, elected officials have far too often remained unresponsive to the legalization issue. This dereliction of representation has forced advocacy groups to directly place marijuana-related ballot questions before the voters.
The success of these initiatives proves definitively that marijuana legalization is not exclusively a blue state issue, but an issue that is supported by a majority of all Americans — regardless of party politics. Once these latest laws are implemented, one out of every three Americans will reside in a jurisdiction where the use of marijuana by adults is legal under state law.
For over two decades, the public has spoken loudly and clearly. They favor ending the failed policy of marijuana prohibition and replacing it with a policy of legalization, regulation, taxation, and public education.
Elected officials — at both the state and federal level — ought to be listening. Perhaps even more importantly, they ought to be acting.
Paul Armentano is the deputy director of the National Organization for the Reform of Marijuana Laws (NORML) and the Science Faculty Chair at Oaksterdam University, in Oakland, Calif.
Paul Armentano: Beware unregulated CBD
An example of beverages said to contain CBD in a Los Angeles grocery store
Via OtherWords.org
One in seven Americans say they use CBD products, according to Gallup.
The rising popularity of these products — which range from oils and gummies to topical salves and most everything in between — is staggering, especially when one considers that much of the public had never even heard of CBD two or three years ago.
CBD stands for cannabidiol, one of over 100 distinct compounds found in the marijuana plant. Unlike THC, it is not significantly mood-altering. Instead, many consumers believe the compound helps treat pain, anxiousness, and other ailments.
But Americans’ exuberance for CBD could well be short-lived. That’s because many products currently marketed under the CBD banner are of low or variable quality.
Back in 2017, the Journal of the American Medical Association reported that only 31 percent of commercially available CBD products contained percentages of cannabidiol that accurately reflected the products’ labeling. Since then, little has changed.
An October 2019 analysis of 30 leading CBD products by the watchdog group LegitScript.com reported that two-thirds possessed significant deviations in CBD content from what was advertised. Typically, these products contained far lower percentages of CBD than the manufacturer promised — a finding that is woefully consistent with prior analyses.
Investigators also reported that some of the products evaluated in the LegitScript analysis tested positive for either solvent residue or elevated levels of heavy metals — findings that are also similar to those of prior reports.
Other analyses have identified even more problematic issues. Some CBD products, for instance, have tested positive for the presence of THC, the primary psychoactive constituent in cannabis, despite being advertised as “THC-free” — an oversight that could cost customers their jobs if they fail a drug test they expected to pass.
Most concerning, some CBD products have tested positive for added psychotropic adulterants — such as dextromethorphan or synthetic cannabinoid agonists. Exposure to these latter agents, typically found in illicit so-called “synthetic marijuana” products like Spice, can lead to serious health consequences.
All this is rapidly creating a “buyer beware” environment for consumers — and potentially placing them at risk.
This situation persists because the federal government — and the Food and Drug Administration in particular — doesn’t regulate either the manufacturing or testing of these products. Despite the presumption of most Americans, the commercial CBD market is entirely unregulated by the FDA.
This is because, until recently, federal law defined all cannabis-derived products as illicit. Now, the FDA and other agencies are playing catch up, with the federal regulators estimating it could take years before the FDA finalizes rules governing the commercial CBD market.
This intransigence is no longer acceptable.
Currently, the heavy burden of overseeing the CBD marketplace falls solely on state regulators in jurisdictions that have legalized cannabis use. But these regulations are not consistent from state to state, and are often far from comprehensive.
Further, state-specific regulations typically only govern CBD products that are sold in licensed dispensaries or retail outlets that exclusively sell cannabis products. They may not cover products sold online or at gas stations, which are subject to virtually no oversight.
Congress facilitated the growth of the commercial CBD market by passing legislation in 2018 that, for the first time, recognizes the production and distribution of certain hemp-derived CBD products. But without federal rules, standards, and oversight, this new market is a wild west — rife with questionable players hawking low-quality or even fraudulent products upon a largely unsuspecting public.
The tens of millions of Americans soliciting this market deserve better. It’s time for federal officials to set appropriate standards to govern this industry — so consumers can be assured, once and for all, they are getting what they pay for
Paul Armentano is the deputy director of NORML, the National Organization for the Reform of Marijuana Laws. He’s the co-author of Marijuana Is Safer: So Why Are We Driving People to Drink? and author of The Citizen’s Guide to State-By-State Marijuana Laws.
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