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Minnesota House Approves Marijuana Legalization Bill While Senate Version Set for Final Committee Vote

April 25, 2023 by Kyle Jaeger

After weeks of intensive committee discussion and a two-day floor debate, the Minnesota House of Representatives has passed a bill that legalizes marijuana. The Senate’s companion legislation is scheduled to be heard in the final committee of the Senate on Wednesday, before it could potentially advance to the floor by the end the week.

Zack Stephenson’s (D) legislation for the House was approved with modifications by the entire chamber in a vote of 71 to 59. It passed through 15 committees during the entire session before it reached the floor.

“Members our cannabis laws are in violation.” Stephenson, speaking on the floor of the House on Tuesday, said that prohibition has failed. It’s not accomplishing any of its objectives, and the costs in dollars and inhumane costs are overwhelming.

“If you are against prohibition, because you wish to limit cannabis consumption, you should be aware that there is 50 years’ worth of evidence showing that criminal justice cannot achieve this goal,” said he. “I am a prosecutor and I say this.” The criminal justice system is not able to achieve this goal. “Don’t you believe it would have achieved it by now if it could?”

On Wednesday, the Senate Finance Committee will vote on a companion version submitted by Sen. Lindsey Port. This will be the 13th and last panel to appear before the floor. The bill was originally scheduled for Tuesday’s vote, but time ran out.

The bills have undergone numerous amendments throughout the process. Lawmakers are working to incorporate feedback from the public, revise policy around tax structures and market issues, and tighten language.

“This is a law that we should be proud of.” Stephenson challenged anyone to find a bill which has undergone a more rigorous, transparent and open policy development. Stephenson said: “I challenge anyone to come up with a bill that has gone through a more rigorous policy development, a more open transparent policy development.” We’ve done our work. Minnesotans are aware of this.

A Senate panel , for example, adopted a comprehensive alternative by the sponsor during a committee visit in March. This was primarily to address the concerns of industry stakeholders operating under the cannabis law enacted in the state which legalized low-THC sweets . A similar set of major revisions were made to the House bill in the committee.

If the Senate approves its version of the bill, it’s likely a bipartisan conference committee will be needed to resolve any outstanding differences. Legislative session ends May 22. This gives lawmakers just a few weeks before the end of the legislative session to finalize a product.

Marijuana Moment tracks more than 1,000 cannabis and drug policy bills that have been introduced in state legislatures, and Congress. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.

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With majorities in both the House and Senate and control over the governorship this session, Democratic-Farmer-Labor party officials have been expressing confidence that legalization will be enacted this year.

Gov. Tim Walz , a Democrat, released his biennial request for funding in January. This included funding to implement marijuana legalization, including expungements. His office also made projections on the millions in cannabis tax revenues that the state is expected to earn once the reform is implemented.

The bill that is being advanced is an updated version of the 2021 House passed bill by former Majority leader Ryan Winkler, who is now serving as campaign chair of the advocacy coalition MN Is Ready.

In January , the governor sent out an email encouraging people to sign the petition in support of the reform.

On Monday, House members passed amendments that make it illegal to drive a school bus if there is “physical proof” of cannabis consumption in a person’s body; remove provisions that require the transportation of hemp products to be done by vehicles with at least two staff; and allow marijuana and hemp retailers to sell fentanyl test strips.

A second change adopted prohibits the top state marijuana regulator from having a financial stake in a cannabis business for a four-year period prior to nomination. They are also prohibited permanently from lobbying and other restrictions.

Not true. Just not true. We have accepted over a dozen GOP Amendments to the Cannabis Bill and we voted yesterday in the House Floor to accept five more GOP Amendments! We’re trying to be reasonable and open-minded, while still guided by the goal that Mn’s want legal cannabis https://t.co/CoPMCLXQT6

Zack Stephenson 25 April 2023 HTML0

These are the main components in the new marijuana legalization bill, HF100 and SF73.

Adults over 21 could buy and possess up to 2 ounces of marijuana in public. They could also grow up to 8 plants at home. Four of them could be mature.

The House bill allows people to have up to 1.5 lbs of cannabis in their private residence, while the Senate bill allows up to 5 lbs.

Adults can give each other up to 2 ounces of marijuana for free.

Previous marijuana records will also be automatically expunged. The Bureau of Criminal Apprehension will be responsible for identifying those who qualify for relief and processing the expungements.

Municipalities and counties can also own and run government dispensaries in addition to creating an entire system of cannabis businesses.

The bill allows for cannabis delivery services and on-site consumption permits to be granted at events.

Local municipalities will not be allowed to prohibit marijuana businesses from operating within their jurisdictions, but they can set “reasonable regulations” on the hours of operation and locations of these businesses.

The House bill would tax cannabis at an eight percent rate. After that, the commissioner for management and budget will adjust the rate every other year so the revenues are equal to, or not significantly greater than, the costs incurred by different agencies in implementing legalization. The Senate bill would impose a tax of 10 percent on marijuana sales, which wouldn’t change over time.

The tax revenue will be used to fund programs for substance abuse treatment and grants for farmers.

The Office of Cannabis Management, which would regulate the market and issue cannabis business licenses, would be created. A designated Division of Social Equity would be created.

This legislation promotes social equity in part by giving higher scores to equity applicants. Social equity applicants would include people who live in low-income areas and veterans who lost their honorable status because of a cannabis-related crime. The House bill also states that those who are convicted cannabis crimes or have a family member who has been convicted would qualify.

House members also discussed additional Republican-led changes that were not adopted on Monday, including proposals for changing the legal age to purchase and use marijuana from 21 years old to 25 years old, instituting potency limitations of 35 percent for cannabis flower, and 60 percent for concentrates. They also removed social equity provisions and required people to fill out state forms when they transfer small amounts of marijuana between each other.

The body rejected a number GOP amendments regarding local control. These included proposals that would allow local governments the right to prohibit marijuana businesses from operating, and refuse to grant permits for cannabis events. They could also limit the number cannabis business licenses by population size, and place restrictions on noise, smell, and location.

Other rejected changes were proposed by minority party members. They would have deleted the majority of sections in the legislation, except those that dealt with cannabis expungements. They would also have grandfathered existing hemp products businesses operating in a state law passed last year and created a new licensing class for them.

Other failed Republican amendments deleted grant programs for cannabis business workers’ development and increased funding for the State Patrol. They also made it illegal to drive a public transport vehicle if there was “physical evidence” of cannabis consumption on the person. They also prohibited the commissioner for revenue from using new buildings to collect marijuana taxes.

Stephenson, who wrote the bill, proposed and then retracted an amendment he claimed was “in jest”. It would have given the analysts and staff at the House Research Department, and the House Fiscal Analysis Department, second priority in adopting retiring police dogs, if the handlers did not adopt them first.

Before it was brought to the House floor, this bill had been vetted in numerous committees. The bill passed the Ways and Means Committee and Taxes Committee. It also passed the Transportation Finance and Policy Committee and Health Finance and Policy Committee.

The Senate committees who signed earlier were the Taxes Committee, Rules and Administration Committee, State and Local Government and Veterans Committee, Labor Committee, Human Services Committee, Health and Human Services Committee, Transportation Committee, Environment, Climate, and Legacy Committee, Agriculture, Broadband, and Rural Development Committee, Jobs and Economic Development Committee, Commerce and Consumer Protection Committee, and Judiciary and Public Safety Committee.

Minnesota is now on the verge of legalizing marijuana, subject to the Senate’s final approval and the resolution or disagreements, such as the tax provisions.

The House voted on Tuesday after Delaware’s Governor announced that he was willing to allow two bills , which legalize cannabis and regulate its sale, to become law without his signature .

Minnesota lawmakers and governor are optimistic about the chances of legalization in this session. This is especially true now that Democrats have taken control of both chambers. Last session, they had only a House majority.

Democrats agreed internally to discuss the issue as soon as possible after their November election victory.

The House Speaker Melissa Hortman (D) predicted at the start of the session, that legalization would take a “long time” and could even extend to next year. This prediction did not come true.

Walz’s timeline has proven to be more accurate, since he stated late last year that the project would be completed “by May.”

Winkler, who recently launched a THC drink company told Marijuana Moment he agreed that “it’s likely that [passing the legalization] will happen by May.”

Two surveys released in September showed that the majority of Minnesotans supported the legalization of adult-use marijuana. One survey also revealed that an even greater number of Minnesotans approved of the state’s decision to legalize THC infused edibles, which was enacted by the state last year.

In September, a poll conducted by members of the House during the State Fair found that the majority also supported legalization. This legislature-run survey found that 61 per cent of Minnesotans support legalizing cannabis for adults.

The support for legalization was higher this year than in 2021 when the House Public Information Services surveyed fair-goers. The House poll in 2019 found that 56 percent supported legalization.


New York Lawmakers Announce Joint Committee Hearing On Marijuana Banking

Photo by Brian Shamblen.

The article Minnesota House Approves Marijuana Legalization Bill While Senate Version is Set for Final Committee Vote first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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