Connect with us

Cannabis News

Arizona Senators Approve Measures To Criminalize ‘Excessive’ Marijuana Smoke Or Odor

Published

on

Arizona senators have passed a couple of measures make the act of creating an “excessive” amount of marijuana smoke or odor a criminal nuisance punishable by jail time.even if the person is using cannabis in their own home in compliance with state law.

Despite concerns about weakening the will of voters who voted to approve legalization and concerns about enforceability and ambiguity about what constitutes “excessive” marijuana smoke, members of the Senate Judiciary and Elections Committee on Friday approved the bill and a joint resolution to put the issue on the table by votes of 5-2 and 4-3, respectively.

The legislation by Sen. JD Mesnard (R) was amended during the hearing to provide a clearer definition of “excessive” smoking and remove the reference to making the offense a “felony.” However, some members still argued that the measures lack clarity and will continue to threaten criminalization, making the offense a Class 3 felony, punishable by up to 30 days in jail, a maximum fine of $500 and a year of probation.

The revised definition of excessive cannabis smoke or odor describes “what a person is able to detect on another person’s private property.”

The law states that excessive production of marijuana smoke or odor is “injurious to health, unreasonable, offensive to the senses, and interferes with the comfortable enjoyment of life or property and is a public nuisance.”

Mesnard said he decided to push the issue “based on personal experience” with his neighbors, “as well as hearing from other people that people can do what they want on their private property, but on other people’s private property, their homes no less, that’s when it starts to become another problem.”

“I can say that it was regrettable for me that I didn’t have to have conversations with my four-year-old, maybe because of what’s going on in some houses down in my neighborhood, there was such a strong smell and smoke coming from the road,” he said. “If it’s important to you to play, there are a lot of ways to do it without affecting the neighbors around you, so it’s easy.”

Several citizens testified against the proposals, arguing that the state’s legalization law would unfairly restrict adults’ right to use cannabis and make it difficult to challenge in court allegations of excessive smoke or odor, for example.

The ACLU of Arizona also expressed opposition to the measure, saying a representative said it would “undermine the intent of the voters” and that the issue of smoking and public odor has already been addressed by the courts, stating that “the mere smell of marijuana no longer automatically establishes criminal activity.”

SCR 1048 and the mirror bill (SB 1725) Relying on subjective assessments like excessive marijuana smell opens up enforcement to the kind of discretionary judgments that research on bias shows leads to disparities and outcomes,” they said. “This leads to equal protection violations and arbitrary enforcement.”


It’s Marijuana Time tracking hundreds of cannabis, psychedelic and drug policy bills in state legislatures and Congress this year. Patreon supporters by pledging at least $25/month, you’ll get access to our interactive maps, charts, and audio calendars so you never miss a development.


Learn more about our marijuana bill tracking and become a Patreon supporter to gain access

On the back of this law, anti-cannabis activists are working to place an initiative on the state’s November ballot. significantly rolling back the voter-approved marijuana legalization law.

A GOP congressman recently said he would like his state to take such a measure, but he also admitted that. President Donald Trump’s recent federal scheduling order could complicate that prohibitionist push.

Under the proposal, possession would be legal if voters chose to enact the initiative — and Arizona’s medical marijuana program would remain in place — but it would shut down the commercial recreational cannabis market that has evolved since voters approved a measure to legalize adult use in 2020.

According to a section of the latest initiative’s findings, “the proliferation of marijuana establishments and recreational marijuana sales in this state has created unintended consequences and negative consequences for the public health, safety, and welfare of Arizonans, including increased marijuana use among children, environmental concerns, increased demand on water resources, public nuisance, illegal market activity, and market instability.”

“Sales of legal marijuana in Arizona have declined for two years in a row, resulting in less tax revenue for the state, and some patients relying on recreational marijuana use instead of taking advantage of the benefits of the state’s medical marijuana program,” he says.

The initiative would instruct the legislature to make appropriate changes, also by amending the existing statute as it pertains to the commercial industry, including tax and advertising regulations.

To vote, the campaign must collect 255,949 valid signatures by July 2nd. If the proposal goes to the voters and is approved, it would take effect in January 2028.

It remains to be seen whether there will be any desire for repeal among voters, as 60% of voters approved legalization on the ballot in 2020.

Even more last year’s poll found majority support for medical cannabis legalization (86 percent), adult-use legalization (69 percent), and banking reform (78 percent).

Max Jackson’s photo.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

Become a patron on Patreon!

Cannabis News

Maximizing cannabis yields with intercanopy and subcanopy lighting

Published

on

By







Continue Reading

Cannabis News

Transportation Groups Warn Feds Of Marijuana Rescheduling’s ‘Consequences’ For Drug Testing Of Truck Drivers And Pilots

Published

on

By

A coalition of transportation and safety organizations said they have “serious safety concerns” about the Trump administration’s move to federally regulate marijuana.

Led by the American Trucking Association, the groups sent a letter to federal officials Monday asking them to take steps to ensure truck drivers, pilots, transit operators and other safety-sensitive workers continue to be tested for cannabis.

“If employers do not take the necessary steps to preserve the ability of security-sensitive transportation workers to test for marijuana, this change could have significant consequences for the safety of passengers and the entire transportation industry,” wrote Acting Attorney General Todd Blanche, Drug Enforcement Administration (DEA) Administrator Terrance Cole, Health and Human Services Secretary Robert F. Kennedy, and Transportation Secretary J.

The organizations said they understand that federal officials are being “urgently” reorganized under an executive order from President Donald Trump, that they are “deeply concerned that the current process does not adequately take into account agencies responsible for transportation safety or protecting the traveling public” and that they want the agencies to “work together.” ongoing cannabis redistricting hearings and rulemaking process to address these concerns.

In May, the Department of Transportation (DOT) issued new guidelines saying just that Truck drivers, airline pilots and other safety-sensitive workers still cannot use medical marijuana without penalty despite the Trump administration’s move to reschedule.

“Marijuana use is incompatible with safety-sensitive functions,” the department said.

Medical review officers (MROs) who receive drug test results indicating cannabis use cannot rule them out as negative for illegal substance use, even if an employee claims it was a result of state-licensed medical marijuana.

“Currently, there is no way for an MRO to verify that a laboratory-confirmed marijuana drug test result is positive when an employee claims the positive was caused by a state-licensed marijuana product,” the DOT said, explaining that after the reprogramming, medical marijuana dispensed under state law “does not” constitute a drug approved by the Food and Drug Administration (FDA).

The transportation groups said in the new letter that the DOT’s drug-testing program “is in accordance with the Department of Health and Human Services’ (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs and HHS-certified laboratories.”

“While DOT has expressed its intention to continue testing marijuana, a commitment we greatly appreciate, it is unclear whether DOT will retain its ability to rely on HHS procedures and certifications after the rescheduling,” they wrote. “Without this alignment, DOT may retain the authority to conduct testing, but lack the scientific and procedural infrastructure to do so.”

“Practically, this would mean that truck and bus drivers, pilots, flight attendants, air traffic controllers, air mechanics, railroad workers, dispatchers and signal workers, transit operators and pipeline workers could continue to perform high-risk safety roles without a reliable means of verifying that they are not actively using marijuana. It relies on controlled substance testing to identify end use and prevent potentially impaired individuals from fulfilling their safety-related obligations. While the planning could create legal or regulatory loopholes, the regulated employer-based drug testing agency warned that the final rules should not jeopardize marijuana testing for safety-sensitive transportation workers.”

“Regardless of the broader policy goals of the review, the federal government should not move forward to preserve transportation drug testing programs and mitigate the risks of increased and unchecked deterioration of our roads, railroads, public transportation systems, pipelines, airspace, and maritime corridors,” the letter says.

The organizations specifically ask federal officials to:

  • Support long-term marijuana testing for all safety-sensitive transportation workers;
  • Confirm the authority of DOT-regulated employers to perform such tests;
  • Ensure HHS laboratory certification and testing guidelines remain available and aligned with DOT’s safety mission; and
  • Establish a coordinated federal strategy to address the transportation security implications of rescheduling.

“The public and the workers who keep our transportation system running safely deserve a process that ensures these safeguards are firmly in place before any final action is taken,” he said. the letter he says

Earlier this month, the House Appropriations Committee approved a provision to allow federal officials to continue requiring government employees and security-sensitive employees, such as truck drivers and airline pilots must be drug tested for marijuana, “regardless of any future change in legal status or schedule.”

This was followed by a press conference organized by prohibitionist groups and a drug-testing industry association, where both Republican lawmakers joined the proclamation. “Cut” to marijuana rescheduling by asserting that safety-sensitive transportation workers can still be punished for testing positive for THC.

Legislators and abolitionist activists argued that moving marijuana to Schedule III would lead to a 1986 executive order signed by President Ronald Reagan defining illegal drugs under the Controlled Substances Act (CSA) in relation to the use of cannabis by truck drivers and other airline employees.

Last October, Transportation Secretary Sean Duffy suggested that President Donald Trump was “putting pressure” on rescheduling cannabis.arguing that marijuana is “truly addictive” and that policy reform on the issue sends a “dangerous” message.

“At a time when the culture is encouraging and celebrating the use of marijuana, we’re not talking about risk,” Duffy said.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

Continue Reading

Cannabis News

Experts say THC percentage is the wrong way to shop for cannabis

Published

on

By


Continue Reading
Advertisement

Trending

Copyright © 2021 The Art of MaryJane Media