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Sunday 5 May 2019

Cannabis and Texas

Texas has a reputation for being one of the most conservative or 'red-neck' states in the US. So it is not very surprising that it has one of the smallest medical cannabis programs. It is only recently that steps were taken to scale up medical cannabis use as well as to decriminalize possession of small amounts of cannabis. The conservative state has been forced to take these steps due to a number of factors including the opioid epidemic and high rates of methamphetamine abuse. Being a border state to Mexico, Texas has been a market for cocaine, heroin and methamphetamine that has caused serious damage to Texan society but not enough yet to convince Texan lawmakers to legalize recreational cannabis for adult use as a harm reduction and safe alternative mechanism. Texas has been a recipient for cannabis smuggled from Mexico for a long time now. Texans are known to make trips to Mexico to smoke cannabis and bring back supplies over the weekend. Texas boasts of a private prison system that makes profits through ensuring that it is running full to capacity. Cannabis users and sellers make a significant number of the prisoners here ensuring that revenues are high for these private prison institutions. 
 
It may be no coincidence that the Texas Sheriff's Association is one of the nation's leading opponents of legal recreational cannabis. Pete Sessions, a Representative from Texas' 32nd district was the former Chairman of the House Rules Committee and ensured that no cannabis bills passed through him and systematically rejected everything that came his way till he was finally replaced last year. The US DEA Houston division put out an advertisement recently looking for a contractor from Arizona to incinerate cannabis at the rate of around 1000 pounds an hour between March and September this year. The cannabis was seized by the enforcement agency from 12 cities in Texas showing the extent of seizures as well as on a broader scale the extent of cannabis usage in Texas and the size of the black market in spite of all the efforts by drug and law enforcement agencies to prohibit cannabis. The Church is also said to be influential in the state with regard to cannabis policies.

This has been the state of affairs regarding cannabis in Texas so far but things have started to look more promising considering the nationwide wave of changes that is being witnessed in the US. More than 30 US states have legalized medical cannabis.  At least 35 US states have legalized cannabis for medical use so far. The federal US government however continues to keep cannabis in the Schedule 1 list of banned substances saying that it has no medicinal value. The list of US states that have legalized adult recreational cannabis is available here. All these states have legalized cannabis for adult recreational use, aimed specifically at improving public health, ensuring equity reducing crime, decreasing the black market, improving law enforcement, reforming criminal justice, improving the economy, agriculture and industry, to name just a few reasons.
 
Lawmakers in Texas have started to see the harms of cannabis prohibition. Lawmaker Beto O'Rourke said recently that the money spent on prosecuting and incarcerating people for cannabis offenses would be better spent on higher teacher pay or treating opioid and methamphetamine addiction. Texas Governor Greg Abbott has already indicated that he’s open to signing decriminalization legislation that reduces the penalty for low-level possession to a Class C misdemeanor. The governor said he doesn’t want to see “jails stockpiled with people who have possession of small amounts of marijuana.” The sheer number of decriminalization and hemp bills in Texas legislature in recent times has also been encouraging. Hemp was for some time federally legal with the passing of the Farm Bill but illegal in Texas though now the state has legalized the cultivation of the crop. Physicians from Texas recently posted on Twitter endorsing more research, wanting doctors to be in charge of treatment options and asking the state to remove the restrictions on current qualifying medical conditions for cannabis use.

According to Houston Chronicle, Dean Becker, a Baker Institute contributing expert in drug policy says that states like Colorado, California and Oregon are growing more than their markets can absorb, and smugglers are flourishing moving the merchandise to other marketplaces. Mexico isn’t the main cannabis supplier to Texas anymore as their producers are struggling to compete with the higher quality of U.S. grown cannabis. The dynamic has shifted to such an extent that trafficking-related violent crime is down in US states bordering Mexico. In a reversal of the cannabis flow, federal drug enforcement agents have even been seizing specialty-strain American cannabis destined for Mexican consumers.

Listed below are articles taken from various media related to the above subject. Words in italics are the thoughts of your truly at the time of reading the article.  


'When you're sick, music is a great help. Once, in Texas, I kicked a habit on weed, a pint of paregoric and a few Louis Armstrong records.' - Junky, William S Burroughs, 1977, originally published in 1953 - Junky, William S Burroughs, 1977, originally published in 1953


  • 'Since 2011, interceptions of cannabis along U.S. borders have fallen 89%, reflecting the convergence of changing social, economic, and legal developments.
  • The southern border continues to account for almost all the interceptions (99%), though it has also seen the steepest decline (90%) of them since 2011.
  • The decrease in southern interceptions is likely attributable to a range of factors: falling demand for illicit cannabis in states with legal medical and adult use programs, less appeal for traditionally lower-quality cannabis from Mexico or other southern countries than for domestically cultivated products, and increased border enforcement efforts raising the risk of interdiction.
  • Conversely, interceptions at the norther border increased 113% between 2018 and 2019, reflecting Canada’s nationwide adult-use legalization in 2018 and the appeal of its reputed high-quality cannabis.
  • The data suggest that legalization is having a major disruptive effect on international cannabis smuggling operations aimed at the U.S., and underscores American consumer preference for regulated cannabis products where available and competitively priced'
https://newfrontierdata.com/cannabis-insights/cannabis-border-interceptions-decreasing/


'Texas' first license represents the long-anticipated launch of the hemp industry in the state after Congress passed the Farm Bill in 2018.

“Let’s face it, Texas farmers and ranchers needed some good news,” Miller said. “I am happy that I can be the one to deliver it. I know Texas farmers have been eagerly waiting for a chance at these hemp licenses and now the wait is over.”

As of Wednesday, the Texas Department of Agriculture has received 546 industrial hemp applications. Those include 458 producer applications, 58 handler applications, and 30 handler sampler applications. Each must also register a facility where the hemp will be grown and also apply for a permit for every lot to be grown.'
https://www.kvue.com/article/news/local/texas-issues-first-hemp-license/269-cb48b5be-7b94-4d12-8b17-7d765d9de077


'O’Rourke hasn’t made pot legalization a major plank of his Senate campaign, though he doesn’t hesitate to say that the federal prohibition should end. He says the money spent on prosecuting and incarcerating people for marijuana offenses would be better spent on higher teacher pay or treating opioid and methamphetamine addiction.'
https://www.dallasnews.com/news/politics/2018/08/28/beto-orourke-calls-texas-decriminalize-pot-stop-arresting-many-students


'When Texans get it right, as we have on some aspects of criminal justice reform, we deserve to see those ideas elevated and promoted at the highest levels of government, not sacrificed on the altar of election year strategy.'
https://www.houstonchronicle.com/opinion/editorials/article/Bipartisan-criminal-justice-reform-casualty-of-13264475.php


'Moody’s bill would eliminate the threat of arrest, jail time and a criminal record for possessing less than an ounce of marijuana.

Several other pieces of marijuana legislation were also pre-filed on Monday, including several to expand the state’s existing very limited medical cannabis program, one of which would put a constitutional amendment on the ballot for voters to decide on in 2019.'
https://www.marijuanamoment.net/texas-lawmaker-files-marijuana-decriminalization-bill/


Hemp is legal federally but illegal in Texas.

'In 2014, a farm bill passed allowing states to research hemp with the assistance of universities and under close oversight. Now, after the passing of the 2018 farm bill, any state can legally grow hemp as long as the state doesn’t have existing legislation prohibiting it.

Vote Hemp helped draft the federal hemp legislation, and now it’s working with Texas and other states to legalize the crop. A Texas Senate bill with bipartisan support has been filed to do just that.'
https://www.keranews.org/post/hemp-farms-texas-ag-commissioner-sid-miller-among-backers-legalization


'Most of the proposed Texas cannabis reform measures aren’t as sweeping as bills that are moving forward in other states. In New Hampshire, for example, legislation to legalize cannabis for adult use cleared two major legislative hurdles in recent weeks. But the sheer volume of decriminalization and hemp regulation bills alone is a positive signal for advocates.

What’s more, Gov. Greg Abbott (R) has already indicated that he’s open to signing decriminalization legislation that reduces the penalty for low-level possession to a Class C misdemeanor. The governor said he doesn’t want to see “jails stockpiled with people who have possession of small amounts of marijuana.”

Meanwhile, lawmakers are also considering legislation to expand the state’s current limited medical cannabis law.'
https://www.marijuanamoment.net/texas-lawmakers-hold-hearings-on-11-cannabis-bills-in-one-day/


Good to see the progressive stance of these Texas physicians.

'JUST IN--> The venerable @texmed has a new statement on medical cannabis, and it's right in line with @TEAMM2019's approach: Endorses more research; Wants doctors to be in charge of treatment options; Asks the state to remove the restrictions on current conditions'
https://twitter.com/TEAMM2019/status/1109199938339123200


'Religious leaders, physicians, policymakers and veterans met at a Sheraton in downtown Austin to discuss their priorities for the upcoming Texas legislative session. The two most talked-about reform efforts: reducing criminal penalties for possession and expanding the extremely limited Texas Compassionate Use Act, the state’s first medical marijuana law, passed in 2015.'
https://www.texasobserver.org/reformers-hopeful-the-2019-legislature-will-expand-texas-medical-marijuana-law/


'Roughly half of survey respondents identified law enforcement as the main opposition group, specifically the Texas Sheriff’s Association (TSA). In testimony before the House Committee on Criminal Jurisprudence, members of the TSA argued that legalizing marijuana would “send the wrong message” to youth about the harms of drug use and that legalization in other states has led to increased use among teens. The focus on risks of marijuana reform for youth is a common framing choice among prohibition supporters (see Ferraiolo 2014). Whereas prohibition was once justified by beliefs that marijuana itself was evil and marijuana use immoral, such arguments increasingly strain credibility. Realizing this, marijuana opponents have sought more realistic frames. The message that marijuana is a gateway to further delinquency for youth that harms their health and achievement has resonated with a larger audience than past arguments based solely on morality claims....The TSA represents an organized interest that favors the status quo, and it intends to fight to preserve that status quo'
http://journals.sagepub.com/doi/full/10.1177/0043820017716683


'“Today in Texas, consumers easily find a wider variety of cannabis products than a few years ago coming from all over the place,” said Dean Becker, a Baker Institute contributing expert in drug policy.

Becker explained that states like Colorado, California and Oregon are growing more than their markets can absorb, and smugglers are flourishing moving the merchandise to other marketplaces. Mexico, he said, isn’t the main Texas supplier anymore as their producers are struggling to compete with the higher quality of U.S. grown products.'
https://www.houstonchronicle.com/news/houston-texas/houston/article/Changing-marijuana-laws-in-Canada-and-Mexico-13496512.php


Legalization appears to have brought down international trafficking of cannabis into the US by nearly half since 2009..smuggling out of the US appears to be increasingly attractive because of the better quality and strains now available in the US post legalization..another reason to legalize worldwide...


'Such a dramatic drop in cannabis smuggling activity is likely due to a nationwide shift in demand from typically lower-quality Mexican cannabis to higher-quality American-grown cannabis, a shift that has taken place in part as a result of state-by-state legalization, making cannabis more readily available to consumers. In fact, the dynamic has shifted to such an extent that trafficking-related violent crime is down in US states bordering Mexico. Federal drug enforcement agents have even been seizing speciality-strain American cannabis destined for Mexican consumers.'
https://cannabiswire.com/2018/10/08/who-gets-busted-at-the-border-for-cannabis-frequently-us-citizens-with-small-stashes/


'On consecutive days last week, Texas voters and President Trump effectively eliminated two of the legalized cannabis industry’s most significant political opponents, and advocates and investors took notice. In Tuesday’s elections, Democratic challenger and former NFL player and civil rights attorney Colin Allred upset 22-year incumbent Rep. Pete Sessions (R) to represent Texas’ 32nd District. Being the powerful chairman of the House Rules Committee, Sessions refused to advance any pro-cannabis bills, stymying both new legislation and roll-backs through amendments.'
https://newfrontierdata.com/marijuana-insights/the-week-that-was-removal-of-pete-jeff-sessions-seen-as-boons-for-cannabis/


'Jenn Michelle Pedini, executive director of Virginia NORML, said the commonwealth’s approach is among the strictest in the nation. But among the states operating under “hyper-restrictive models, Virginia is sort of the best of the worst,” Pedini said, noting that the state will allow the oils to contain up to 5 percent THC, compared with 0.5 percent in Texas.'
https://www.washingtonpost.com/local/virginia-politics/dozens-compete-for-a-piece-of-virginias-limited-medical-marijuana-market/2018/08/20/d8b62aac-a16d-11e8-93e3-24d1703d2a7a_story.html


'Anti-marijuana Rep. Pete Sessions (R-TX) may have lost his reelection bid in the midterms, but for another few weeks he still has the power to prevent cannabis amendments from advancing as chairman of the House Rules Committee—and that’s just what he did on Wednesday.

This time, Sessions, who has overseen the blockage of more than three dozen separate cannabis-related proposals from even being considered on the House floor during the 115th Congress, shot down an amendment to ensure tax fairness for legal cannabis businesses.'
https://www.marijuanamoment.net/pete-sessions-and-republicans-block-another-marijuana-amendment/


'Republicans say the change is a way to right the wrongs of the 1980s — a decade marked by first lady Nancy Reagan’s anti-drug mantra of “Just Say No” — by restoring basic fairness to the criminal justice system. It also has a financial component: Republicans said revising the criminal justice system will save money by moving people convicted of low-level offenses out of prison and into programs that will help reduce the recidivism rate. It is also a response to moves on the local level, where similar changes passed in some of the nation’s reddest states, including Oklahoma and Texas.'
https://www.washingtonpost.com/national/how-republicans-pivoted-from-the-war-on-drugs-to-cutting-prison-sentences/2018/12/19/61846d04-0383-11e9-9122-82e98f91ee6f_story.html


'Black men were also demonized as criminals by anti-pot rhetoric. “In Southern states with large black populations, fears of violent black smokers led to marijuana laws,” Bender added. “‘Marijuana was scapegoated as prompting murder, rape, and mayhem among blacks in the South, Mexican Americans in the Southwest, and disfavored white immigrants from laboring classes—with marijuana being blamed for the seduction of white girls by black men and for violent crimes committed by these groups.”'
https://www.leafly.com/news/politics/americas-war-on-drugs-has-been-racist-for-a-century


'On Wednesday, lawmakers in Kentucky and West Virginia put forward pieces of legalization legislation, the latest in a growing list of states where the thought of lawmakers even considering full legalization would have been implausible just a couple years ago.

Legislatures in Indiana, Missouri, Texas and Virginia could also vote on legalization bills that have already been introduced this year.'
https://www.marijuanamoment.net/marijuana-legalization-bills-already-filed-in-half-a-dozen-red-states-for-2019-sessions/


'With Texas, as well as some of the nation’s ­deepest-red states, like Utah and Oklahoma, moving forward with marijuana policy changes, all Republicans will have to pick a side on legalization, as well as affirming states’ right to choose what works for them. “This is not something that is going to stop at the edges of Colorado or California,” Gardner warns. “This is going to march across the country. It’s an opportunity for Republicans to practice what they preach.”'
https://www.newsweek.com/2018/08/24/legal-weed-republicans-love-marijuana-1072761.html


'The US Drug Enforcement Administration (DEA) is looking for an Arizona contractor to incinerate marijuana at a rate of 1,000 pounds an hour between March and September, according to a newly issued contracting notice from the DEA’s Houston Division.

Put another way, 16,000 ounces of bud will be going up in smoke every 60 minutes, which is 32,000 half ounces; 64,000 quarters; 128,000 eighths; or the equivalent of about 896,000 half-gram joints. The weed will be transported from 12 cities in Texas to an incinerator in Tucson.'
https://qz.com/1579515/dea-is-burning-a-ton-of-marijuana-every-two-hours/


'Apparently, viral stories about a DEA job posting for a Houston-based contractor to incinerate at least 1,000 pounds of seized cannabis per hour has elicited a lot of interest among private citizens. Plenty of people jokingly volunteered to get the job done on social media, but it seems others actually called the agency and flooded its phone lines.

“Several recent misleading articles alleging [DEA Houston] is looking for Houstonians to burn Marijuana have resulted in an influx of calls from citizens,” the Houston division wrote on Twitter. “This solicitation was targeted for a large scale licensed vendor, not private citizens.”'
https://www.marijuanamoment.net/the-dea-wants-you-to-stop-calling-them-about-getting-paid-to-burn-marijuana/


Legalization of marijuana now at the federal level in both USA and Mexico can enable legal trade between the two countries and reduce illegal importation along both state and national borders...

'“I think Congress should regulate things that harm people, and that is the hard drugs and the like that dramatically hurt citizens, cause violent crime in our communities, and those should be regulated,” he said.

“But not marijuana?” the debate moderator asked.

“For me, I saw the impact of marijuana on our border,” he said, presumably referring to his time as a U.S. attorney. “And if you go to any of the counties in Texas where there’s an illegal importation of marijuana, there’s a tremendous amount of violence.”'
https://www.marijuanamoment.net/where-jeff-sessionss-temporary-replacement-stands-on-marijuana/


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