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Nebraska became the 39th state to legalize medical marijuana, despite ongoing cannabis prohibition, with the easy passage of two ballot measures on Tuesday.
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A ballot initiative that Dallas voters overwhelmingly approved this week aims to avoid such escalation. In addition to generally barring local police from arresting people for marijuana possession misdemeanors, Proposition R says "Dallas police shall not consider the odor of marijuana or hemp to constitute probable cause for any search or seizure." That seemingly modest restriction undercuts an excuse that in practice gives cops the discretion to stop, harass, and search pretty much anyone by claiming to smell pot.
Proposition R reflects an ongoing controversy over marijuana odor and probable cause. In states that have legalized marijuana for medical or recreational use, some courts have held that the smell of cannabis, whether detected by a human or a police dog, can no longer justify a search, since it does not necessarily constitute evidence of a crime. And while Texas has not legalized marijuana for any use, it has legalized hemp, which comes from the same plant species and cannot be distinguished from marijuana without a laboratory test to measure THC content.
In 2019, Texas Gov. Greg Abbott signed House Bill 1325, which changed the state's definition of "marihuana" to exclude "hemp, as that term is defined by Section 121.001" of the Texas Agriculture Code. Consistent with federal law, Section 121.001 defines "hemp" as "the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis."
The difference between legal "hemp" and prohibited "marihuana," in other words, is the THC concentration, which cannot be measured by smell or even by a field test. "Before H.B. 1325," Dallas attorney Jon McCurley notes, "marijuana's distinct and readily recognizable odor often [led] law enforcement to believe that a criminal act was occurring." But after H.B. 1325, "simply detecting the odor of marijuana may not be enough to justify a search or seizure under the Fourth Amendment because in order to search or get a warrant, law enforcement officials must have probable cause that a crime has been committed or is about to be committed."
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Virginia Senate Passes Bill to Legalize Retail Marijuana Sales Despite Federal Prohibition | Tenth Amendment Center
Adults over 21 in Virginia can possess and grow marijuana, but retail sales remain illegal. This legislation would establish a framework for a retail marijuana market in Virginia administered by the Virginia Cannabis Control Authority. Under the proposed law, retail marijuana sales would begin...blog.tenthamendmentcenter.com
Florida still refuses to add grow at home to a recreational legalization bill
Gov. Greg Abbott said on Wednesday that he has still not decided if he will sign or veto legislation banning THC products in Texas.
“I’m going to give it the thoughtful consideration from every angle that it deserves,” Abbott said of Senate Bill 3, which would ban all hemp-derived THC products in Texas starting in September.
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Abbott has until June 22 to sign the bill, veto it or allow it to take effect without his signature.
His judicial demeanor is a very different approach compared to Lt. Gov. Dan Patrick, who as the leader of the Texas Senate is the ban's biggest champion. The former TV broadcaster has used showmanship as and confrontations with reporters to portray THC as a dangerous drug that is leading to damaging health effects for both children and adults.
“This is to save an entire generation from being hooked on drugs,” Patrick said at a carefully staged press conference with reporters two weeks ago where he showcased all the different THC products for sale in Texas.
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The legislation has caused an avalanche of Republican opposition from people who run THC business and those who use the products as an alternative to prescription drugs or alcohol, including veterans.
THC retailers have exploded over the last few years since the Legislature inadvertently legalized hemp-derived forms of the compound. Texas now has more than 8,500 retailers selling those THC products, many of which can produce the high traditionally associated with marijuana, which is banned in the state except for certain medical uses. Abbott’s office has been flooded with petitions from groups opposed to an all-out ban.
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Gov. Greg Abbott on Sunday vetoed a contentious state ban on THC products and shortly after called a special legislative session asking lawmakers to instead strictly regulate the substance.
The late-night action just minutes before the veto deadline keeps the Texas hemp industry alive for now, while spiking a top priority of Lt. Gov. Dan Patrick.
Senate Bill 3 would have banned consumable hemp products that contained any THC, including delta-8 and delta-9.
Abbott, who had remained quiet about the issue throughout the legislative session, rejected the measure amid immense political pressure from both sides of the aisle, including from conservatives activists typically supportive of Patrick’s priorities.
Soon after midnight, Abbott called lawmakers back to the Capitol for a special session beginning July 21 with consumable hemp regulation at the top of the agenda.
“Texas must enact a regulatory framework that protects public safety, aligns with federal law, has a fully funded enforcement structure and can take effect without delay,” Abbott said.
In a statement explaining his veto, Abbott argued that SB 3 would not have survived “valid constitutional challenges,” and that the bill’s total ban “puts federal and state law on a collision course,” noting that the 2018 federal Farm Bill legalized hemp products.
“Allowing Senate Bill 3 to become law — knowing that it faces a lengthy battle that will render it dead on arrival in court — would hinder rather than help us solve the public safety issues this bill seeks to contain,” Abbott said. “The current market is dangerously under-regulated, and children are paying the price. If Senate Bill 3 is swiftly enjoined by a court, our children will be no safer than if no law was passed, and the problems will only grow.”
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