#West Virginia General Bill of Sale Form
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Formularios de Bill of Sale de Virginia Occidental por tipo
Términos importantes para una Bill of Sale
Vendedor: una Bill of Sale debe incluir la información del vendedor principal, como el nombre y la dirección, así como la información de cualquier vendedor adicional.
Comprador: La persona que toma posesión del activo es el comprador principal. La Bill of Sale debe incluir su nombre y dirección, junto con cualquier información adicional del comprador.
Impuesto sobre las ventas: si un artículo vendido está sujeto al impuesto sobre las ventas, la Bill of Sale debe incluir cuánto impuesto sobre las ventas se debe pagar y si el impuesto sobre las ventas está incluido o no en el precio.
Propiedad: El activo que se transfiere es la "propiedad". La Bill of Sale debe incluir la fecha de transferencia y una descripción de la propiedad para su identificación.
Ubicación de la propiedad: este es el paradero de la propiedad, como un condado o estado. Revelar esta información es importante si la propiedad se encuentra en otro estado.
Información de testigos: algunas facturas de venta deben ser testificadas para que sean legalmente vinculantes. El testigo puede ser un notario público o un tercero acordado tanto por el comprador como por el vendedor.
Tal como está: si una Bill of Sale indica que el artículo se vende "tal cual", entonces el comprador acepta comprar el artículo en su estado actual sin retenciones para el vendedor.
Obsequio: Para obsequios particularmente grandes o costosos, una Bill of Sale de obsequio puede ayudar a todas las partes a presentar los impuestos correctamente durante el próximo año.
Certificación/Firma: Todas las partes involucradas deben firmar una Bill of Sale para que sea legalmente vinculante. Las firmas físicas siempre son válidas. Las firmas digitales son válidas si se procesan a través de un proveedor de firmas digitales certificado como PandaDoc.
Requisitos West Virginia Bill of Sale
Usar una Bill of Sale siempre es una buena idea. A veces, es un requisito legal. En Virginia Occidental, se requiere una Bill of Sale si vende o compra un bote, una casa móvil o un vehículo de motor. Puede utilizar plantillas de documentos proporcionadas por el estado o una empresa como PandaDoc, o puede redactar las suyas propias.
¿Por qué utilizar una Bill of Sale ? Más allá de los requisitos legales, una Bill of Sale de Virginia Occidental ofrece múltiples beneficios. Los compradores reciben prueba de propiedad, mientras que los vendedores están protegidos de ciertas responsabilidades. Ambas partes pueden presentar la Bill of Sale cuando se enfrenten a disputas legales una vez completada la transacción.
-- Consideraciones adicionales
Requisitos de idioma
Puede redactar una Bill of Sale en cualquier idioma. Sin embargo, el gobierno de Virginia Occidental sólo ofrece facturas de venta en inglés. Puede trabajar con un intérprete certificado por el estado para traducir su Bill of Sale imprimible de Virginia Occidental. Comuníquese con la División de Educación, Capacitación y Acceso a la Justicia para solicitar servicios de traducción legal.
Número de copias Tener una Bill of Sale para entregar al Departamento de Vehículos Motorizados (DMV) es importante si va a comprar un barco, un remolque o un vehículo motorizado. Estas transacciones deben incluir tres copias del formulario de Bill of Sale general de Virginia Occidental: una para el comprador, otra para el vendedor y otra para el DMV.
De lo contrario, basta con que el comprador y el vendedor conserven cada uno una copia.
Vehículos chatarra
Cualquier automóvil en Virginia Occidental que se declare "totalmente destrozado" debe tener un título de salvamento antes de poder repararlo. Una vez reparado, el título llevará una “marca” permanente que indica que el automóvil ha sido reconstruido.
Los vendedores están obligados a revelar la información anterior a los compradores. La práctica tiene como objetivo proteger a estos últimos de comprar, sin saberlo, un vehículo que podría no ser asegurable.
-- Después de comprar un vehículo
Necesita más que un formulario de Bill of Sale de Virginia Occidental para que Vessel transfiera la propiedad de un automóvil en Virginia Occidental. Ya sea que esté vendiendo o comprando, deberá proporcionar otros documentos para oficializar la transferencia de propiedad.
-- Si eres el vendedor
En Virginia Occidental, el vendedor de un vehículo debe completar el reverso del título con la información del comprador y luego entregar el documento al comprador junto con la Bill of Sale del vehículo de Virginia Occidental completa. Si el título original se perdió o fue destruido, el vendedor puede solicitar un reemplazo completando una Declaración jurada de título duplicado para un vehículo o embarcación (formulario DMV-4-TR) y enviándola al DMV.
El vendedor también debe completar una liberación de gravamen, si corresponde, y completar la declaración de divulgación del odómetro en el título si el vehículo tiene menos de 10 años.
-- Si eres el comprador
Los compradores tienen 30 días para titular y registrar vehículos nuevos en Virginia Occidental antes de enfrentar cargos por pagos atrasados. Para completar el proceso de registro, los compradores deberán proporcionar:
Título del vehículo
Identificación del propietario y comprobante de residencia.
Prueba de seguro
Factura de venta notariada
Copias de las licencias de conducir del comprador y del vendedor.
Honorarios de inscripción y titulación
El comprador también debe pagar el impuesto sobre las ventas según el precio de compra del vehículo o el valor contable de préstamos limpios de la Asociación Nacional de Concesionarios de Automóviles (NADA) correspondiente.
West Virginia Car (Vehicle) Bill of Sale
En Virginia Occidental, las transferencias de propiedad de automóviles deben incluir una Bill of Sale . El estado proporciona un resumen de sus responsabilidades durante la transacción de un vehículo, ya sea usted el comprador o el vendedor.
Una Bill of Sale de un vehículo motorizado de Virginia Occidental debe incluir:
Nombres y direcciones del comprador y vendedor.
Fecha de venta
Hacer
Modelo
Ano de produccion
Número de identificación del vehículo (VIN)
Peso
Si el título se reconstruye
Información del acreedor prendario
Precio de compra
West Virginia Boat Bill of Sale
En Virginia Occidental, cualquier embarcación propulsada por motor debe tener un título. Para ser elegible para la titulación, los barcos sin título en Virginia Occidental deben tener una Bill of Sale . Puede utilizar una plantilla de formulario de Bill of Sale (formulario DMV-7-TR) proporcionada por el Departamento de Transporte de Virginia Occidental.
Una Bill of Sale de barco debe incluir:
Información de contacto del comprador y del vendedor.
Fecha de venta
Hacer
Modelo
Ano de produccion
Información del acreedor prendario, si corresponde
Precio de compra
Número de identificación del casco (ID del casco o HIN)
4. West Virginia Firearm Bill of Sale
No es necesario registrar las armas de fuego en Virginia Occidental. Sin embargo, una Bill of Sale ofrece una importante protección de responsabilidad para todas las partes.
Por ejemplo, es ilegal vender un arma de fuego a alguien que haya sido condenado por determinados delitos graves. Una Bill of Sale inspirada en el Registro de transacciones de armas de fuego federal (formulario ATF 4473) ayuda a proteger a todas las partes porque proporciona un registro de propiedad e incluye preguntas que confirman si el comprador puede o no comprar legalmente un arma.
West Virginia Horse or Livestock Bill of Sale
En Virginia Occidental, los comerciantes de ganado están obligados legalmente a mantener a mano sus registros de ventas durante dos años. Las facturas de venta de ganado deben incluir:
Número de animales vendidos
Criar
Edad
Género
Peso
Marcas, marcas, números de identificación o descripciones
Nombre, si corresponde
Precio de compra
Los animales que se destinan al consumo se someten a protocolos de inspección más rigurosos durante el proceso de venta. Por otro lado, la venta de caballos individuales y animales similares no requiere tanta documentación.
Obtenga más información y blogs relacionados aquí
West Virginia General Bill of Sale
Una Bill of Sale general ayuda a probar la transferencia de cualquier artículo no regulado. La información contenida en él es a menudo el mínimo necesario para elaborar cualquier Bill of Sale del DMV de Virginia Occidental:
Precio de compra
Fecha de Transacción
Información de contacto de todas las partes involucradas.
Firmas
#West Virginia Bill of Sale#Printable West Virginia Bill of Sale#West Virginia General Bill of Sale Form#West Virginia Bill of Sale Form for Vessel#West Virginia Bill of Sale For Vehicle#West Virginia DMV Bill of Sale
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UPDATE: Beware Progressive insurance settlement offers in regards to your future No-Fault benefits (“futures”) . If you have one of these options in mind, make sure you understand your no-fault benefits in the policy. You might be tempted to go back to your old insurer to not make use of your benefits. If the company has no interest in your future performance or health, it may not be happy with your current benefit payout. If your life or health insurance benefit is paid to another party (say, your spouse), you should probably immediately move forward with the payment of your claims and get your insurance company involved on your behalf. This step will be necessary if you do decide to leave your loved ones in the event one of these things happens. If your no-fault benefits are paid to one or more of this party, you should be prepared to move the bill from you to your insurance provider. Make sure the provider you are involved with has a clear contract with the policy on the record so that you are fully covered. This can.
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WEEK 8
Expansion of Slavery in the South
The expanision of slavery in the South was fueled and caused by the continued importance of cotton. Even though, slavery was outlawed in the North, in the South, there was no sight of slavery coming to a halt. Cotton, along with other cash crops, sustained the Southern economy and slavery was “necessary” in the eyes of whites. Cash crops, which are defined as "readily salable crops grown for commercial sale and export rather than local use" (White, Bay, Martin Jr. 175), are what sustained the economy in the South. The cash crops were sugar, rice, tobacco, hemp, and most importantly cotton. Cotton fueled the expansion of slavery in the 19th century because this crop was labor intensive and required care all year long. Immigrants were discouraged from settling in the South for this reason. There was no work for them and the work that was available required torturous labor. For this reason, South slave holders favored the labor of slaves over white workers. Unlike white workers, slaves could be forced to work under any condition and under any circumstances. White workers could not be owned, whereas enslaved Blacks could be. For this reason, the South continued to invest and protect slavery. Cotton was crucial to the economy of the South and the nation. By the mid 1800s, “55 percent of theSouth’s slaves worked on cotton plantations'' (White, Bay, Martin Jr. 175). Up to 75% of the cotton being produced in the world was coming from the South. Cotton also constituted half of the nation's exports. Cotton production, fueled by the labor of slaves, continued to shape the South and continue expanding slavery.
Bettmann Archives. Getty Images. History.com
The Domestic Slave Trade
The domestic slave trade was brought about after international slave trade was outlawed and slavery in the North came to an end. This caused Northern slave owners, and even Upper South slave owners, to look for ways to profit off their slaves even when they no longer needed them. This mostly meant either selling them to the Lower South or the slave owners decided to move to the Lower South, and they would forcibly bring along their slaves. The domestic slave trade was the selling of slaves from the North and Upper South to the Lower South. Slavery was essential to the Lower South and slaveholders in the Upper South could make more use of the money than they could their slaves. For this reason, they began selling their slaves to the Lower South, many times without ever telling the slaves themselves. They would often ([sell] slaves in secret to avoid giving them a chance to object” (White, Bay, Martin Jr. 181). From 1820 to 1860, over one million Blacks were forcibly moved from the Upper South to the Lower South in a mass migration. One-third of these people were taken with their slaveholders who were moving to the Lower South, the remaining two-thirds were resold, bought, and transported to the Lower South. This migration was beyond cruel and is known as the second middle passage because of this. Most of the time, slaves had to make the grueling journey on foot. The journey would be made in coffles, which could hold and contain up to three hundred people. The men were typically chained together, while the women and children followed behind or were carried in wagons. African Americans were forced to sleep outside during the migration. The impacts that this domestic slave trade had was that it completely broke apart families and friends. Being sold to the Lower South meant permanent separation from one's family without ever being able to say goodbye or have any form of contact. Also, once African Americans arrived at auction houses, they were treated as animals. They were inspected and touched by buyers. They were inspected for scars, which indicated if a slave was rebellious, illnesses, weaknesses, muscle mass, fertility in women, and their teeth, which would be telling of their age. Being sold to the Lower South was used as a way of threatening and controlling slaves by slave owners. The domestic slave trade kept slavery alive in the South.
Slave Rebellion and Black Unrest
Denmark Vesey who was originally named Telmarque was a former black slave who came from the West Indies and was relocated to Charleston, South Carolina in 1793. His owner employed him as a clerk and a domestic servant. Vesey was a highly skilled slave who knew both English and French, and was also able to read. Without a stroke of good luck, he would have remained a slave for the rest of his life but he purchased a lottery ticket and won $1500. He used the money to purchase his freedom and to start a carpentry business. Vesey socialized and identified with slaves and wanted to see them freed. Vesey began planning a rebellion, stealing guns and knives Turner and the other slaves planned to raid Charleston’s Meeting Street Arsenal to get weapons for their supporters who were expected to run into the thousands. (White, Bay, Martin Jr. 184). Before the rebellion can begin two Charleston slaves tell the plan to their owners. The authorities suppressed the uprising and hanged slaves, which included Vesey who was hanged publicly on July 2, 1822, with 5 other men. This was to show the slaves what would happen if anyone else tried to rebel. The whites also responded by having 150 guardsmen to patrol the city and arrest and whip any slave caught on the street after 9 p.m.
David Walker fled from Charleston after the plot but he kept Vesey’s memory alive to stop slavery and liberate the enslaved. He made a name for himself as “the most black abolitionist of his era.” Walker sheltered slaves in his home and contributed to Freedom’s Journal the nation’s first black newspaper which strongly opposed slavery. He also published an abolitionist manifesto, convinced that African Americans could not defeat slavery or racism without pleading their own cause. Walker’s Appeal was published in 1829 and made whites determined to suppress black voices. His pamphlet was very influential. “It galvanized a new generation of radical blacks who would lobby for abolition and civil rights. For whites, it shifted the focus of anti-slavery from colonization to emancipation.”(White, Bay, Martin Jr. 187) The response from whites was to offer a $3000 bounty for Walker’s death and a $10000 reward for anyone willing to kidnap Walker. Walker was found dead in the doorway of his home, but his influence persisted.
Nat Turner and other slaves lead one of the deadliest rebellions in American history. Born in 1800, Turner was a life-long resident of Southampton County, Virginia, at a time where both blacks and whites embraced Christianity. Turner said he experienced religious visions, which convinced him that “the great day of judgment” was soon. Turner waited for “signs in the heavens that it would make known to me when I should commence the great work.”(White, Bay, Martin Jr. 189) He and some of his fellow slaves armed themselves with axes and hatchets and they murdered Turner’s owner, Joseph Travis, and his family. They stole their guns to continue their killing spree. The slaves and free blacks killed a total of 60 whites before a Virginia militia tracked them down two days later. Turner was caught after evading capture for three months and was executed. The whites went on an even greater killing spree, murdering 100 blacks who died without trial. Another 48 suspects were captured, tried, and executed by the state, including Turner. “Virginia’s leaders revised the state’s legal code to bar slaves and free blacks from preaching or even attending religious meeting without white supervision.”(White, Bay, Martin Jr. 189) “Virginia legislators also targeted free blacks with a colonization bill, which allocated new funding to remove them, deny blacks trial by jury, and made any free blacks convicted of a crime subject to sale and relocation.” (White, Bay, Martin Jr. 189)
Discovery of Nat Turner: wood engraving illustrating Benjamin Phipps's capture of Nat Turner (1800-1831) on October 30, 1831. Between circa 1831 and circa 1876. Image was found in Encyclopedia Virginia. The print is in the Bettman Archive. Author is William Henry Shelton (1840–1932)
The Amistad
The Amistad case occurred when in 1839, a group of Africans who had just been kidnapped and enslaved seized control of the Spanish slave ship Amistad in international waters near Cuba. The U.S. Navy captured the ship and made the rebels prisoners of the U.S. government, even when Spain demanded their slaves be returned. Since the matter violated treaties prohibiting the international slave trade, it had to be determined in court. It became a widely published abolitionist cause that reached the supreme court, where ultimately the rebels were freed in 1841. (White, Bay, Martin Jr. 190)
Slave Disobedience
Many slaves participated in being disobedient to their owners in response to their treatment as slaves. Slaves would often have to steal food to survive their harsh treatment. “The former South Carolina slave Rosa Barnwell reported that her owners expected slaves to survive on a weekly allowance of approximately eight quarts of corn and four quarts of sweet potatoes.”(White, Bay, Martin Jr. 191) Slaves also faked illness to avoid assignments they found unpleasant. Some ex-slaves reported success in refusing to eat for days pretending to be too weak to stand. Running away and hiding was also a popular way slaves would try to avoid punishment.
Slave Disobedience
Many slaves participated in being disobedient to their owners in response to their treatment as slaves. Slaves would often have to steal food to survive their harsh treatment. “The former South Carolina slave Rosa Barnwell reported that her owners expected slaves to survive on a weekly allowance of approximately eight quarts of corn and four quarts of sweet potatoes.”(White, Bay, Martin Jr. 191) Slaves also faked illness to avoid assignments they found unpleasant. Some ex-slaves reported success in refusing to eat for days pretending to be too weak to stand. Running away and hiding was also a popular way slaves would try to avoid punishment.
Harriet Tubman fled her mistress in terror at age seven after stealing a lump of sugar. Miss Susan was a brutal mistress for whom Tubman worked as a nursemaid. She was merciless, and beat Tubman every day. The punishment for stealing was so severe for Tubman she hid in a pigpen. She was forced home due to hunger and fear of the adult pigs. Tubman would not be able to escape permanently until two decades later in 1849. Tubman was considered a truant. A truant is someone who would leave for days, weeks, or sometimes months to avoid punishment.
Harriet Jacobs was a female slave who ran away from her master Dr. James Norcom so he would no longer desire to keep her children as slaves. She knew her master only wanted to make her suffer so she got as far away as possible from him to keep her children safe. All her owner wanted to do was to psychologically manipulate her. Jacobs knew to avoid this she had to run away. Jacobs went to stay with her grandmother where her children would eventually find themselves after being released by Dr. Norcom. She had to stay in a cramped area with barely any light for years. She endured this for her children, to keep them safe. She watched as they played and she knew that it was not possible for her to be by their side but still she stayed resilient. Even though Jacobs was spotted by the neighbor and forced to flee, you still see the great lengths that female slaves in particular had to go to protect their children.
Copied from ‘Incidents in the Life of a Slave Girl’ by Harriett Jacobs, p.215. The book states that the ad ran in the Norfolk, VA, American Beacon newspaper on July 4, 1835. From General Negative Collection, North Carolina State Archives, Raleigh, NC. Date: 4 July 1835. Source from State Archives of North Carolina. This is an image of James Norcon, Harriet’s owner putting out a reward for her return.
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Addiction Treatment Lead Generation
Contents
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What is a Political Moderate? (with pictures)
The term political moderate can generally be used to describe someone who doesn’t hold views on the far edges of the political spectrum. Some of these people may identify with a particular party, or they may describe themselves as independents. If they consider themselves members of a party, a political moderate will often be open-minded about ideas from the opposition parties, and they generally aren’t very partisan on many issues.
The actual stance on issues of a political moderate can vary significantly depending on the era and the country they live in. As issues change, the concept of politically moderate viewpoints changes as well. Many people who would have been described as political moderates in the 1800s could be considered fringe extremists in more recent times, and the same can be true for different countries or locations. For example, a moderate viewpoint in one nation might be on the far fringe in another nearby country, and the reasons for these differences may be cultural or religious.
Some individuals who could be described as political moderates actually hold some beliefs that aren’t necessarily considered middle-of-the-road. In cases like this, the designation of political moderate is based on the whole spectrum of their political beliefs. Even though they may hold a few beliefs on the far edges, their overall philosophy is much more centrist. Many moderates don’t really feel comfortable with any political party, but their views often lean in one direction or another to some degree.
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The viewpoints of political moderates can sometimes be ignored by the media because they aren’t often as vocal. In most cases, those with the most extreme beliefs are also much more politically active, and they can create the perception of a more divisive political environment. Moderates often outnumber those on the far edges, but sometimes their view is ignored by legislators. Some people think that the mainstream media purposely creates the perception of more extreme political division, possibly in order to generate better television ratings and print media sales. Many media outlets have consistently disputed this viewpoint.
Sometimes political moderates are less active in politics overall when compared to people with more aggressive viewpoints. They may be less passionate about issues, or they may pay less overall attention to politics on a day-to-day basis. In most cases, moderates aren’t as well-organized, and those on slightly different sides of the issues may have pretty big disagreements with each other, which could make it hard for them to work together. This might be part of the reason why legislators sometimes ignore their beliefs or cater their campaigns to more partisan views.
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Discussion Comments
anon998741August 16, 2017
Suntan12 – wrong. You’re comparing the misnamed “Republican” Party with Republican values. The “Republican” Party is not Republican – it is conservative and has been since 1960.
Conservative ideology is in complete opposition to the Republican Values established in the 1850s. A real Republican would never be in favor of anti-abortion laws — that is a conservative viewpoint designed to take away a woman’s right to choose and keep women in line with the archaic conservative viewpoint.
Republicans would never support putting up another wall that doesn’t work or prevent Mexicans from coming across to pick fruit. Hauling drugs? – Yes. Raping underage prostitutes? – Yes. But not fruit.
Republicans supported the end to Slavery. Republicans were Blue Coats not Gray Coats. Republicans vehemently opposed the KKK and their racist crap. Republicans supported giving women the right to vote. Republicans opposed Hitler and his moronic racist ideology. Republicans supported the Equal Rights bills of 1957 and 1960, the desegregation of our schools and establishing equality among all races and sexes.
Conservatives stole the Republican moniker for their own nefarious purposes and destroyed everything the Republicans worked for to make this planet a better place for everyone to live, based on equality and mutual respect for each other’s views.
Conservatives need to quit hiding behind the “Republican Party” name and give it back to the people who are actually Republicans: Risenhower Republican, Lincoln Republican, Jefferson Republican.
Goldwater, Nixon, Reagan, Bush, Bush, McCain, and everybody else who ran, including Trump, are all conservatives, not Republicans. — Brad H.
amypollickOctober 10, 2013
@Kelsey177: I consider myself to be a right-leaning moderate, and I would say the hallmark of a moderate is probably pragmatism. I am practical and tend to look for the common sense answer to an issue. I suspect most of my fellow moderates would agree. Some would say one solution might make more sense than another, but in general, we look for the practical, common sense solution.
For an issue like drilling in the NAWR, I’d say the first thing a moderate would want to know is how drilling would affect the environment. Can these effects be minimized or reversed? If not, then clearly, the drilling would end up being more destructive than helpful in the long term.
If the environmental effects can be minimized, will the cost of drilling actually reduce U.S. dependence on foreign oil? If so, then that’s a strong reason to investigate it. How long can we expect the supply to last? That’s another factor.
I would say, for many moderates, it all boils down to whether the cost of drilling and the possible environmental damage would outweigh the potential (but by no means certain) benefits. Each person must answer that for him or herself. But that’s one moderate’s view on it, in brief. It’s a complex issue.
My Western Civilization professor, in response to a student’s question about the different political leanings, said, “Well, if a person had a problem with the bank, if he were a reactionary, he might burn down the bank. A conservative would contact the bank president with his dissatisfaction and might close his account. A moderate would call the bank president, write a letter to the editor of the newspaper, and might or might not close his account. A liberal would do all of the above, and depending on the nature of the offense, boycott the bank. A revolutionary would burn down the bank.” That’s probably the best description I’ve ever heard.
cupcake15November 10, 2010
SurfNturf-One of the rising stars that the Tea Party supported was Marco Rubio, the newly elected senator in Florida.
Marco Rubio got almost 50% of the vote in a three way race. He is the product of the American Dream. His parents emigrated from Cuba to escape communism and form a better life. His mother worked in a factory while his father was a bartender.
He grew up in West Miami, and to this day lives about four blocks from his childhood home. He graduated from the University of Miami law school and became an attorney and later Speaker of the House in the Florida state legislature.
His life story is a compelling and inspirational one that many people can relate to. His conservative values come from a belief that allowing people to be the best they can be is the best thing that any society can offer.
He believes that the United States offers the best opportunities for anyone willing to work hard. He is a self made man that has been compared to the likes of President Ronald Reagan. His speeches are deeply eloquent and inspirational. He is a true asset to the Republican Party and many believe he has a strong chance of becoming President one day.
GreenWeaverNovember 10, 2010
Political ideological viewpoints of a conservative Democrat is often at odds with its party. Usually the moderate stance which is viewed by the more staunch Democrats as lacking loyalty to the Democrat platform is practiced at the disgust of the party.
For example, the Democrat platform believes in a large central government with many regulations that are funded by tax payer money. In addition, they are usually anti military and prefer a protectionist stance in foreign policy.
They often view diplomacy as the only option when dealing with foreign leaders, even those that may harm us.
However moderate Democrats may opt to lower taxes and offer tax cuts to businesses in order to stimulate the economy. This moderate political view goes against the traditional Democrat platform and is viewed as a more conservative viewpoint.
For example, congress recently tried to introduce a Cap and Trade Bill that would tax the energy industry and make gasoline prices go through the roof in order to maintain the environmental standards of the bill.
Joe Machin, a moderate Democrat out of West Virginia, developed graphic campaign ads that used a rifle to shoot through this legislation. He knew that this legislation would destroy the coal industry in West Virginia which is a vital part of their economy.
Although he went against his party, he was elected to the Senate. It is rumored that the Republicans are now courting him to switch parties.
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The Scoop: February 26, 2020 Edition
In this edition
Michigan governor wants federal judge to quickly overturn state’s Medicaid work requirement
Virginia House, Senate pass surprise balance billing protections
Colorado lawmakers consider legislation to create ‘easy enrollment’ program
New Mexico lawmakers pass legislation to cap out-of-pocket insulin costs at $50/month
Virginia lawmakers pass bills to expand access to association health plans, limit access to short-term health plans
Arizona Senate passes bill to fund reinsurance study
Wyoming lawmakers pass budget bill that would prevent UW’s student health plan from covering abortion
West Virginia Senate passes bill designed to protect residents if ACA is overturned – as state actively works to overturn the ACA
Welcome to this week’s round-up of state-level health reform news, including:
Michigan governor wants federal judge to quickly overturn state’s Medicaid work requirement
Michigan and Utah are currently the only states with Medicaid work requirements in effect. Michigan Gov. Gretchen Whitmer took office in 2019 after the work requirement had been approved under Gov. Snyder’s administration. Because it was created by state legislation, Whitmer hasn’t been able to eliminate the work requirement. But a lawsuit was filed last fall to overturn it, and Whitmer’s administration has asked U.S. District Judge James Boasberg (the same judge who overturned Medicaid work requirements in Arkansas, Kentucky, and New Hampshire) to expedite a decision on the lawfulness of Michigan’s Medicaid work requirement. Earlier this month, an appeals court panel ruled that the Medicaid work requirement Arkansas established in 2018 was not lawful. Legal experts expect that Michigan’s work requirement will be overturned as well, and Whitmer’s administration is hoping to avoid the cost and confusion that will result when the state otherwise has to send notices to 80,000 people next month, letting them know that they failed to comply with the work requirement in January.
Virginia House, Senate pass surprise balance billing protections
Lawmakers in Virginia’s House and Senate have passed similar bills (HB1251 and SB172) that are aimed at protecting Virginia residents from surprise balance billing. The bills, which are now each being considered by the other chamber, would ensure that patients would only have to pay their plan’s regular in-network cost-sharing (deductible, copays, coinsurance) if they receive emergency care from an out-of-network provider, or if they receive non-emergency care from an out-of-network provider at an in-network facility. The bills would both require insurers to pay “market-based” rates to the out-of-network provider, and include a provision for arbitration if the provider doesn’t accept the payment rates.
The bills would apply to individual-market and fully-insured group plans, but not to self-insured group plans, which are regulated at the federal level rather than the state level.
Virginia’s State Corporation Commission is also working on a much weaker form of surprise balance billing protection, stemming from HB2538, which was enacted in 2019. The SCC is accepting public comment through March 20 on a proposed rule that would require medical facilities to inform patients if a scheduled non-emergency procedure is likely to involve an out-of-network medical provider.
Colorado lawmakers consider legislation to create ‘easy enrollment’ program
Maryland implemented an “easy enrollment” program this year, allowing uninsured residents to indicate on their tax return whether they’d like the state-run exchange to determine their eligibility for free or subsidized health insurance. Colorado is considering the same thing, with legislation now under consideration that would create the Colorado Health Care Coverage Easy Enrollment Program.
If approved by lawmakers, the program would allow uninsured Colorado residents to give the state permission to share data from their tax returns with Connect for Health Colorado (the state-run exchange). The exchange would then determine whether the person is likely to be eligible for free or low-cost health coverage, and provide enrollment assistance. Enrollment in Medicaid and CHP+ are year-round, and the legislation would create a special enrollment period for people who are found to be eligible for subsidized coverage in the exchange.
New Mexico lawmakers pass legislation to cap out-of-pocket insulin costs at $50/month
Numerous states are working this year to cap out-of-pocket insulin costs for residents who have state-regulated health insurance plans. New Mexico HB292 has passed with overwhelming bipartisan support in both the House and Senate, and Gov. Michelle Lujan Grisham has indicated she is eager to sign it into law. The bill is more robust than bills many other states are considering, as it caps an insured’s out-of-pocket insulin cost at no more than $50 per month. (West Virginia’s House passed a bill last week that would limit out-of-pocket insulin costs to no more than $25 per month.)
New Mexico’s legislation will also create an advisory group that will “study the cost of prescription drugs for New Mexico consumers and make recommendations on increasing accessibility of prescription drugs,” including drugs used to treat asthma, diabetes, severe allergic reactions, opioid overdoses, hypertension, depression, psychosis, high cholesterol, and epileptic seizures.
Virginia lawmakers pass bills to expand access to association health plans, limit access to short-term health plans
Earlier this month, we told you about legislation under consideration in Virginia that would expand access to association health plans. The bill calls for sole proprietors to be allowed to join AHPs – which is what the Trump administration’s 2018 AHP regulations allow (although that rule is currently blocked by a federal judge). Virginia’s Senate passed the measure unanimously, and the House passed it by a vote of 91 to 3. The legislation directs the state to seek a 1332 waiver in order to implement the provisions of the law, but Virginia’s Bureau of Insurance has informed lawmakers that 1332 waivers cannot be used to waive ERISA provisions, which is what the state would be seeking to do. (The Trump administration’s AHP regulation was blocked because it was too much of a stretch of ERISA rules.) So although the measure has passed with a veto-proof majority, it remains unclear what its impact will actually be in the state.
But Virginia lawmakers have also passed legislation (SB404 and HB1037) that would limit short-term health plans in the state. The bills have changed a bit since they were introduced, and the current versions do allow for renewals of short-term plans in some circumstances, but both bills call for short-term plans to have initial terms of no more than three months, and for their sale to be prohibited during the ACA open enrollment period in the fall.
Arizona Senate passes bill to fund reinsurance study
Arizona’s Senate has approved a bill that would provide funding for the state to conduct a study on the feasibility, cost, and impact of a reinsurance program aimed at stabilizing Arizona’s individual health insurance market. A dozen states have already implemented reinsurance programs and their average individual-market premiums are significantly lower than they would otherwise have been. But reinsurance also results in smaller premium subsidies, which can mean that some enrollees who get premium subsidies end up paying more for their coverage after a reinsurance program is in place.
Wyoming lawmakers pass budget bill that would prevent UW’s student health plan from covering abortion
Both chambers of Wyoming’s legislature have agreed, as part of the state budget bill, that the University of Wyoming should not be able to include abortion coverage in its student health plan. The student health plan is funded by student fees, but the university then controls the money and uses it to obtain health coverage via UnitedHealthcare, so lawmakers can exert control here through the budget process. If this provision in the budget remains in place after the two chambers hammer out their differences in other aspects of the budget, UW will have to rework its student health plan. UW’s student body president, Jason Wilkins, has noted that the legislature did not collaborate with the student body on this issue, and that “we at ASUW were not engaged in the process of making changes to something as substantial as student health insurance.”
West Virginia Senate passes bill designed to protect residents if ACA is overturned – as state actively works to overturn the ACA
Last month, West Virginia Attorney General Patrick Morrisey threw his support behind legislation aimed at protecting West Virginia residents in case the ACA is overturned. The irony is that Morrisey is one of 18 GOP attorneys general actively working to overturn the ACA in the Texas v. Azar case. West Virginia’s legislation would codify some of the ACA’s consumer protections into state law, but it would lack the federal funding that the state currently receives to pay for Medicaid expansion and premium subsidies. The bill – SB284 – passed in West Virginia’s Senate this week (on a party-line vote) and now heads to the House.
Louise Norris is an individual health insurance broker who has been writing about health insurance and health reform since 2006. She has written dozens of opinions and educational pieces about the Affordable Care Act for healthinsurance.org. Her state health exchange updates are regularly cited by media who cover health reform and by other health insurance experts.
The post The Scoop: February 26, 2020 Edition appeared first on healthinsurance.org.
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The Charles Gazette-Mail report….
State Treasurer John Perdue is hiring an attorney to assist with his office’s handling of banking services for West Virginia’s medical cannabis program, a show of escalating tension with the district’s federal prosecutor.
Request for Proposal (RFP 84) for Legal Services to Represent the Treasurer's Office (September 24, 2019)
Through the Attorney General’s Office, Perdue is requesting help from outside counsel with a background in medical cannabis law, criminal defense and the Freedom of Information Act. The request specifically cites “potential legal issues involving the United States Attorney” for the Southern District of West Virginia — Mike Stuart.
The hiring marks a ramping up of what Perdue’s office sees as a potential legal threat from Stuart, who regularly speaks out against legal marijuana programs, as well as hemp — a product derived from the same plant as marijuana that lacks the psychoactive components that gets users high.
The Treasurer’s Office began the hiring process after Stuart filed a FOIA on Friday, seeking documents related to the office’s bidding and awarding of a banking contract to Element Federal Credit Union late last month.
Also around that time, Jason Frame, director of the West Virginia Office of Medical Cannabis, announced that the program could be up and running in two years.
Perdue’s request seeks assistance with “interplay between state and federal cannabis laws,” including those relating to banking the programs.
Gina Joynes, a spokeswoman for Perdue, said the office hired outside counsel because of Stuart’s request and because it takes seriously a provision in the state’s marijuana banking law that permits West Virginia to “defend the Treasurer and the state officers and employees involved in cannabis-related banking or financial services.”
Stuart has not filed any notice of a pending lawsuit or criminal charges.
Government agencies regularly field FOIAs without retaining outside counsel. Joynes did not comment on the hiring, and declined to speculate as to what action Stuart might take.
“I will just reiterate that our office takes any correspondence with the U.S. Attorney’s Office seriously,” she said.
In January, Diana Stout, general counsel for the treasurer, indicated to a legislative committee that the office had concerns about Stuart’s position.
“[Stuart] seems to be pretty vehement, in terms of his beliefs against marijuana as a whole,” she told the House Banking and Insurance Committee. “He brought civil action against hemp farms. We have no idea what he basically would do in regard to [cannabis banking]. So the office really is a little bit worried.”
Months later, a federal judge went on to dismiss Stuart’s civil lawsuit against the hemp farm that Stout mentioned.
The interplay between the 33 states that allow for some form of legal marijuana and the federal government gets a bit fuzzy. The federal Controlled Substances Act prohibits the possession and sale of marijuana, and the Bank Secrecy Act prohibits financial institutions from handling marijuana accounts.
However, the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has issued guidance for how how banks can handle such accounts under the BSA, the CSA and other federal laws.
The guidance instructs banks to file “Suspicious Activity Reports” for all marijuana businesses they back with a range of priority levels, pending on whether the businesses trigger any “red flags” as outlined by the Department of Justice.
As of March 2019, FinCEN reported that 493 banks and 140 credit unions were providing banking services to marijuana related businesses.
“Treasurer Perdue has always been a pretty straight shooter. He’s trying to comply with the law, and he wants to get guidance there so his programs are not stepping into an area that’s unsafe for the state,” said Chuck Johnson, a Charleston attorney who has briefed the Legislature on banking medical cannabis, about Perdue hiring outside counsel.
Johnson said a credit union handling the medical cannabis program would need to ensure “compliance on steroids,” as far as a proactive and cautious approach in following federal guidance, but it can be done.
“It’s something that can be done and has been done in other states,” he said.
At the Legislature’s request, Attorney General Patrick Morrisey issued an advisory opinion in January on the issue of cannabis banking. The opinion notes FinCEN’s guidance, the lack of federal prosecution against state-law-abiding marijuana businesses and congressional regulations that prohibit the use of appropriated funds to prosecute such businesses.
It concludes that there is some legal risk for any bank handling marijuana accounts, but legal “safe harbors” exist, allowing the businesses to operate.
However, Stuart has taken to his public Twitter account to sound off on the industry. In May 2018, he suggested institutions that handle cannabis banking, even in states that allow it, “could be found guilty of money laundering or conspiracy.”
Delegate Mike Pushkin, D-Kanawha, is among the program’s strongest supporters in the Legislature. He said Stuart is using his perch to try to “bully” parties out of a program he has a personal problem with.
“If the U.S. Attorney wants to create policy and go beyond enforcing it, maybe he should try running for office,” Pushkin said.
A spokeswoman for Stuart could not be reached for comment.
In Congress, the House Financial Services Committee passed a bill in March that would allow banks to operate marijuana businesses’ accounts. The full House is set to take up the bill this week. Rep. Alex Mooney, R-W.Va., voted with Democrats to send the bill to the floor.
“Congressman Mooney is strong believer in the 10th Amendment, which empowers the states, not the federal government, to be the primary decision-maker on law enforcement issues,” Mooney said through a spokesman. “The SAFE Banking Act respects the power of states, like West Virginia, to regulate the marijuana industry as they see fit. Forcing businesses to bank on a cash-based system increases the chances of criminal activity.”
https://www.wvgazettemail.com/news/legal_affairs/with-feds-in-mind-wv-treasurer-lawyers-up-on-medical/article_0e50e7d4-317c-56ea-81ca-1a0a3c0de578.html
The post West Virginia: State Treasurer John Perdue Looking To Hire Attorneys To Handle Medical Cannabis Program appeared first on CBD Oil Vape Liquid Spray - Cbd Pain Relief Capsules - Weed Consortium.
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West Virginia: State Treasurer John Perdue Looking To Hire Attorneys To Handle Medical Cannabis Program
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West Virginia: State Treasurer John Perdue Looking To Hire Attorneys To Handle Medical Cannabis Program
The Charles Gazette-Mail report….
State Treasurer John Perdue is hiring an attorney to assist with his office’s handling of banking services for West Virginia’s medical cannabis program, a show of escalating tension with the district’s federal prosecutor.
Request for Proposal (RFP 84) for Legal Services to Represent the Treasurer’s Office (September 24, 2019)
Through the Attorney General’s Office, Perdue is requesting help from outside counsel with a background in medical cannabis law, criminal defense and the Freedom of Information Act. The request specifically cites “potential legal issues involving the United States Attorney” for the Southern District of West Virginia — Mike Stuart.
The hiring marks a ramping up of what Perdue’s office sees as a potential legal threat from Stuart, who regularly speaks out against legal marijuana programs, as well as hemp — a product derived from the same plant as marijuana that lacks the psychoactive components that gets users high.
The Treasurer’s Office began the hiring process after Stuart filed a FOIA on Friday, seeking documents related to the office’s bidding and awarding of a banking contract to Element Federal Credit Union late last month.
Also around that time, Jason Frame, director of the West Virginia Office of Medical Cannabis, announced that the program could be up and running in two years.
Perdue’s request seeks assistance with “interplay between state and federal cannabis laws,” including those relating to banking the programs.
Gina Joynes, a spokeswoman for Perdue, said the office hired outside counsel because of Stuart’s request and because it takes seriously a provision in the state’s marijuana banking law that permits West Virginia to “defend the Treasurer and the state officers and employees involved in cannabis-related banking or financial services.”
Stuart has not filed any notice of a pending lawsuit or criminal charges.
Government agencies regularly field FOIAs without retaining outside counsel. Joynes did not comment on the hiring, and declined to speculate as to what action Stuart might take.
“I will just reiterate that our office takes any correspondence with the U.S. Attorney’s Office seriously,” she said.
In January, Diana Stout, general counsel for the treasurer, indicated to a legislative committee that the office had concerns about Stuart’s position.
“[Stuart] seems to be pretty vehement, in terms of his beliefs against marijuana as a whole,” she told the House Banking and Insurance Committee. “He brought civil action against hemp farms. We have no idea what he basically would do in regard to [cannabis banking]. So the office really is a little bit worried.”
Months later, a federal judge went on to dismiss Stuart’s civil lawsuit against the hemp farm that Stout mentioned.
The interplay between the 33 states that allow for some form of legal marijuana and the federal government gets a bit fuzzy. The federal Controlled Substances Act prohibits the possession and sale of marijuana, and the Bank Secrecy Act prohibits financial institutions from handling marijuana accounts.
However, the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has issued guidance for how how banks can handle such accounts under the BSA, the CSA and other federal laws.
The guidance instructs banks to file “Suspicious Activity Reports” for all marijuana businesses they back with a range of priority levels, pending on whether the businesses trigger any “red flags” as outlined by the Department of Justice.
As of March 2019, FinCEN reported that 493 banks and 140 credit unions were providing banking services to marijuana related businesses.
“Treasurer Perdue has always been a pretty straight shooter. He’s trying to comply with the law, and he wants to get guidance there so his programs are not stepping into an area that’s unsafe for the state,” said Chuck Johnson, a Charleston attorney who has briefed the Legislature on banking medical cannabis, about Perdue hiring outside counsel.
Johnson said a credit union handling the medical cannabis program would need to ensure “compliance on steroids,” as far as a proactive and cautious approach in following federal guidance, but it can be done.
“It’s something that can be done and has been done in other states,” he said.
At the Legislature’s request, Attorney General Patrick Morrisey issued an advisory opinion in January on the issue of cannabis banking. The opinion notes FinCEN’s guidance, the lack of federal prosecution against state-law-abiding marijuana businesses and congressional regulations that prohibit the use of appropriated funds to prosecute such businesses.
It concludes that there is some legal risk for any bank handling marijuana accounts, but legal “safe harbors” exist, allowing the businesses to operate.
However, Stuart has taken to his public Twitter account to sound off on the industry. In May 2018, he suggested institutions that handle cannabis banking, even in states that allow it, “could be found guilty of money laundering or conspiracy.”
Delegate Mike Pushkin, D-Kanawha, is among the program’s strongest supporters in the Legislature. He said Stuart is using his perch to try to “bully” parties out of a program he has a personal problem with.
“If the U.S. Attorney wants to create policy and go beyond enforcing it, maybe he should try running for office,” Pushkin said.
A spokeswoman for Stuart could not be reached for comment.
In Congress, the House Financial Services Committee passed a bill in March that would allow banks to operate marijuana businesses’ accounts. The full House is set to take up the bill this week. Rep. Alex Mooney, R-W.Va., voted with Democrats to send the bill to the floor.
“Congressman Mooney is strong believer in the 10th Amendment, which empowers the states, not the federal government, to be the primary decision-maker on law enforcement issues,” Mooney said through a spokesman. “The SAFE Banking Act respects the power of states, like West Virginia, to regulate the marijuana industry as they see fit. Forcing businesses to bank on a cash-based system increases the chances of criminal activity.”
https://www.wvgazettemail.com/news/legal_affairs/with-feds-in-mind-wv-treasurer-lawyers-up-on-medical/article_0e50e7d4-317c-56ea-81ca-1a0a3c0de578.html
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White House considering phone app for background checks as part of gun control proposals
https://newsource-embed-prd.ns.cnn.com/videos/newsource-video-embed.js
WASHINGTON D.C. — The White House and Capitol Hill are considering a phone app connected to the National Instant Criminal Background Checks (NICS) as one of the options in their discussions for plans to reduce gun violence, according to a Senate source and a person familiar with the talks.
The proposed app would be used for background checks using private sales, and not for purchases involving commercial dealers, one of the sources told CNN. The Washington Post first reported on the app.
White House aides have spent the last month meeting with congressional staffers and devising a package of legislative measures in the wake of recent mass shootings. The Department of Justice also prepared a package of options that was delivered to the White House more than two weeks ago.
On Thursday, senior advisers presented President Donald Trump with summaries of the various courses of action on gun violence.
During the briefing, officials did not delve into legislative details and Trump did not appear interested in some of the nitty-gritty of how each proposal would work, the person familiar said.
Trump, who has been facing pressure from Republican lawmakers to specify his stance, emerged from the meeting, declining to clarify his position on expanding background checks.
Separately, the source told CNN the lack of clarify is leading to doubts Trump will back a bipartisan measure on expanded background checks from Democratic Sen. Joe Manchin of West Virginia and Republican Sen. Pat Toomey of Pennsylvania, or some modified version of it.
Trump initially appeared open to expanding background checks following two mass shootings in El Paso, Texas, and Dayton, Ohio, last month, but backed off after pressure from the National Rifle Association.
During high-level calls between the Justice Department and Capitol Hill Friday night, Attorney General Bill Barr sent a signal that talks have come to a grinding halt, and prospects for presidential support for expanding background checks appear to be dimming as the week draws to a close, an official familiar with the conversations told CNN.
According to the official, Michael Williams, a deputy to the President who used to work for the NRA, has killed or delayed any progress on such a bill, despite support from Barr and the President’s daughter and White House adviser Ivanka Trump.
Officials still expect a plan to be released next week.
Currently, there are no federally mandated background checks for private sales.
“This proposal reveals one important fact from the White House: they recognize the problem of the private sale loophole that allows 20 percent of guns to be sold with no background check at all. … We agree the private sale loophole must be fixed, but it should be fixed in a way that allows meaningful enforcement, not easy circumvention that endangers lives,” said Kris Brown, president of Brady, a gun violence prevention advocacy group. “The right balance was struck by the House, which passed a background checks bill where sales by private sellers are completed by a federally licensed firearms dealer to confirm the person purchasing the gun is the same person who is picking up the gun and other assessments of risk before completion of the sale are done. If we want to save lives and meaningfully fix the private sale loophole, S. 42, now 200 days and counting on Mitch McConnell’s desk is the way to do it.”
Gun rights and privacy advocates have already voiced concerns about an app like the one proposed, saying it could become a de-facto registry and worry about how secure the information would be.
Here are some of the options being proposed in discussions, in addition to measures Trump and his aides have floated publicly:
Allowing minors’ records to be included in background check databases
Alerting local authorities when someone fails a background check
Applying bigger penalties for straw purchases when someone buys a gun for someone else
Instituting a ban on gun purchases for people on terror watch lists
Increasing the penalty for people who lie on background check forms
Helping states implement “red flag” laws, which would remove weapons from people deemed at risk
Adding additional government records to an existing background check database
Improving mental health services
Expediting the death penalty for convicted mass shooters
from FOX 4 Kansas City WDAF-TV | News, Weather, Sports https://fox4kc.com/2019/09/14/white-house-considering-phone-app-for-background-checks-as-part-of-gun-control-proposals/
from Kansas City Happenings https://kansascityhappenings.wordpress.com/2019/09/15/white-house-considering-phone-app-for-background-checks-as-part-of-gun-control-proposals/
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How to get a Marijuana Business License in Virginia
How to get a Marijuana Business License in Virginia
How to get a Marijuana Business License in Virginia
Knowing how to get a marijuana business license is the first step to hop onto the cannabis industry in Virginia.
On early April 2021, Virginia voted to legalize adult-recreational use of marijuana. Under the new law, home cultivation and personal possession will become legal as of July 2021, but retail sales will not begin until 2024.
A committee of 5 people was proposed to oversee the adult-use market in Virginia, determining license eligibility. This committee basically is responsible for granting, suspending, revoking licenses and issuing fines.
What types of marijuana business licenses are there in Virginia?
According to HB 2312, there are 5 different types of adult-use cannabis licenses available in Virginia:
Marijuana Cultivation Facility License
Marijuana Manufacturing Facility License
Marijuana Testing Facility License
Marijuana Wholesaler License
Retail Marijuana Store License
Fees for a marijuana business license in Virginia
The Virginia Cannabis Control Authority is in charge of establishing the licensing fees. The licensing fees for the adult-use cannabis licenses have not been released yet, so you need to be alert to any news regarding this matter. There’s no way to know exactly how much the licensing fees are going to be, as some states charge a couple thousand dollars, while other states require tens of thousands of dollars.
Either way you have to have in mind that these costs are only the official fees in order to apply and maintain a license in the state. In order to prepare your team financially, you have to take into account real estate as well as operational/day-to-day costs to factor in how much money you will need to spend to get the operation going.
As a rule of thumb, you will probably want to budget for hundreds of thousands of dollars, to cover the entire operation.
RELATED POST: ARIZONA SOCIAL EQUITY OWNERSHIP PROGRAM
RELATED POST: HOW TO GET A VIRGINIA MANUFACTURING FACILITY LICENSE
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How to get a marijuana business license in Virginia?
If you want to check specific requirements so far established by Bill S854, you’d probably want to check out our “Virginia Marijuana Establishment Licenses” post. There are also specific requirements the applicant needs to comply with depending on the desired type of license.
In general, the Virginia Cannabis Control Authority must develop regulations determining whether an applicant should be granted a license, basing those regulations on specific criteria, mostly regarding the applicant’s background information and capacity to carry the operation.
In this sense the applicants will be required to submit:
An application on forms provided by the board
Proof of inspection of their proposed establishment
Payment of the application fee
Further, there’s other requirements such as posting a notice of application on the front door of the establishment and undergoing a background check.
In order to obtain a cannabis business license in New York, you should also prepare a cannabis business plan. That business plan should include the following items:
Executive Summary
Company Description
Market Analysis
Competitive Analysis
Management & Operations
Marketing and Sales
Financial Summary
Virginia-Specific Requirements
To gain perspective of your future operations, a cannabis business plan is vital, as it is the blueprint to your cannabis business.
Virginia marijuana business licenses cap
According to HB2312, the licenses cannot exceed the following numbers:
Marijuana Cultivation Facility License: 450 licenses
Marijuana Manufacturing Facility License: 60 licenses
Marijuana Testing Facility License: No cap established
Marijuana Wholesaler License: 25 licenses
Retail Marijuana Store License: 400 licenses
If you want more information regarding what could you do in order to stay compliant with the cannabis industry in Virginia, don’t hesitate to contact us.
If you want to be updated on the current state of Cannabis legalization, you should check out our map of marijuana legality by state.
RELATED POST: HOW TO GET A CANNABIS BUSINESS LICENSE IN NEW YORK
RELATED POST: HOW TO GET A CANNABIS BUSINESS LICENSE IN NEW MEXICO
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How to get a Marijuana Business License in Virginia
by Diego | Jun 2, 2021 | How to get a Marijuana Business License in Virginia
How to get a Marijuana Business License in Virginia Knowing how to get a marijuana business license is the first step to hop onto the cannabis industry in Virginia. On early April 2021, Virginia voted to legalize adult-recreational use of marijuana. Under the new law,...
How to get a Cannabis Business License in New York
by tom | Jun 1, 2021 | How to get a Cannabis Business License in New York
How to get a Cannabis Business License in New York On late March 2021, New York legalized cannabis sales for adults over 21 years old. However, sales won’t go into effect until -at least- next year, with estimates expecting the market to capture more than $1.2 billion...
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How to get a Marijuana Business License in Michigan
by tom | May 28, 2021 | Cannabis Business License in Michigan
How to get a Marijuana Business License in Michigan Since March 2021, Michigan started accepting applications for recreational marijuana. If you want to know how to get a cannabis business license in Michigan, you came to the right place. The Great Lake State...
How to Get a Marijuana Business License in Massachusetts
by tom | May 27, 2021 | Massachusetts Marijuana Business License
HOW TO GET A MARIJUANA BUSINESS LICENSE IN MASSACHUSETTS If you want to know how to get a cannabis business license in Massachusetts, you should be aware of the laws and regulations that govern adult-use or medical-use cannabis in the state. Massachusetts legalized...
Virginia Social Equity Cannabis License
by tom | May 26, 2021 | Virginia Marijuana Establishment Licenses
Virginia Social Equity Cannabis License On April 7th, 2021, the General Assembly of Virginia passed House Bill 2312, which legalized adult-use marijuana in Virginia. The bill takes effect on July 1st, 2021. Within the Bill, the Virginia legislators focused on social...
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Left Wing vs Right Wing
Origins in France
The political terms left wing and right wing originated in the 18th century during the French Revolution. They are based on the seating arrangements in the French National Assembly — those who sat on the left of the chair of the parliamentary president supported the revolution and a secular republic, and opposed the monarchy of the old regime. The people on the left were in favor of radical change, socialism and republicanism i.e. a strong French republic instead of the monarchy.
Those who sat to the right supported the institutions of the monarchist old regime or Ancien Régime. The stronger your opposition to radical change and desire to preserve traditional society, the more you were to the right. Tradition, institutional religion and privatization of economy were considered the core values of the right-wing.
Social Policies
A variety of social issues in the U.S. divide the left and right. These include abortion, the death penalty, drug policy, gay rights, women’s rights, separation of church and state, gun rights, and healthcare policy. In general, the left wing philosophy believes in “one for all and all for one,” looking to the government to support those who cannot support themselves. The right wing, on the other hand believes supporting individuals in need is not the most efficient way to optimize government resources, and relies on the private sector and charitable institutions for the same.
Abortion
The left wing generally supports abortion rights, but does not outwardly and necessarily believe that abortion is a good thing. Those on the right, largely due to religious beliefs, would like to see Roe v. Wade overturned to make abortions illegal. Some majority-right states have enacted legislation recently that would make it harder for women to attain abortions while not outlawing it entirely.
The right wing believes that a fetus is a living person and that abortion is, therefore, murder. Some people make an exception for cases involving rape and incest, but some do not.
Left-wingers believe that women should have control over their bodies and that outlawing abortion infringes on women’s reproductive rights. Some also claim that making abortions illegal will only force them underground, resulting in untrained, non-physicians performing botched abortions and risking women’s lives. Some other arguments by the pro-life and pro-choice factions are described here.
Related issues
Some issues are closely related to abortion rights, including:
Embryonic stem cell research: People on the left support embryonic stem-cell research, which involves the creation, usage and destruction of human embryos, believing that the research has the potential to save and improve lives, and cure many diseases. People on the right are horrified by what they believe is the taking of a human life.
Religious rights of pharmacists: The right wing believes that emergency contraceptive pills — commonly called “morning-after pills” — are similar to having an abortion. So pharmacists who oppose abortions on religious or moral grounds should be allowed to not dispense such pills. The left wing believes that pharmacists are healthcare workers who should be required by law to dispense any medication that a patient has a prescription for.
Contraception mandate in health insurance: One of the provisions of Affordable Care Act (a.k.a Obamacare) was the mandate that all health insurance plans must cover contraception. With strong opposition from the right wing, especially the Catholic church, some exceptions for religious institutions were made.
The Death Penalty
Many on the left believe that the death penalty is barbaric and does not deter crime. Meanwhile, the right generally believes that certain crimes deserve death as a punishment, somewhat akin to the “an eye for an eye” doctrine. A debate over the fairness of the criminal justice system has emerged, with the left asserting that many on death row may be innocent.
Opponents of the death penalty cite the following reasons for their position:
Several people on death row were innocent and have been exonerated. The justice system is not perfect and it would be wrong to kill an innocent person.
It is inhuman to take a life, even that of a murderer.
Minorities and poor people are given the death penalty in disproportionately larger numbers, so criminals with means can escape death row. It’s not so much about how heinous the crime is but how much the defendant can afford to spend on lawyers.
Proponents believe that:
The death penalty is an effective deterrent against crimes, especially crimes of a heinous nature.
The death penalty is an appropriate punishment for perpetrators of heinous crimes. The alternative — life in prison — would only mean spending taxpayer dollars to keep them confined, fed and provide healthcare services to them.
Victims and their families deserve justice; often they can only get closure when the perpetrator is put to death.
Gay Rights
Almost without exception, those on the left support gay marriage, and other gay rights issues like adoption rights and non-discrimination at work or in business.
Most on the right believe marriage is strictly an institution based on the union of a man and a woman, and see gay unions as an aberration from the norm. People on the right also advocate for the right of employers (especially religious institutions, including Catholic hospitals) to choose not to employ gay individuals.
Another issue of divergence on gay rights is businesses choosing their customers. For example, a florist in Washington state refused to do the flower arrangement for a gay wedding. She was sued for discrimination. In a situation like this, people on the right generally support the business owner while those on the left support the customers.
Religion
Some people on the political right believe that religious doctrine, such as the 10 Commandments, should play a role in government. Some on the right have sought to have such Christian documents enshrined near government buildings, as according to them, the government should abide by the Bible when it comes to social issues like abortion and gay marriage.
A significant portion on the left identify themselves as atheist or agnostic. Regardless of their religious beliefs, people on the left strongly believe in a secular government and the separation of church and state.
Gun Rights
While some on the right are moving from strongly and wholly supporting the Second Amendment to accepting a ban on assault weapons, many still stand firmly in support of the right to bear arms. Their argument is that guns don’t kill people; people kill people, and every citizen should retain the right to defend himself. The right to bear arms is enshrined in the U.S. constitution, and any attempt to regulate gun sales infringes on this right.
The left is in favor of restricting gun ownership altogether, or at least banning automatic or assault weapons. This video with its black humor is the left’s take on the issue of gun control.
Morality
University of Virginia psychology professor Jonathan Haidt has studied moral values of people on different parts of the political spectrum. Here is a video of Professor Haidt explaining his findings in a TED talk:
youtube
Media
It used to be that the right wing had a very strong talk-radio presence, while the left had a strong presence in print media. In recent years, media outlets have formed to appease either the left or right wings. Right-wing media includes Fox News, the Wall Street Journal and Rush Limbaugh. Left-wing media includes MSNBC, the New York Times, the Washington Post, Ed Schultz and comedians like Stephen Colbert and Jon Stewart.
Politicians
While many on the left will vote exclusively for Democrats and those on the right will vote for Republicans, many do so only because there are no other choices. Many on the far-right or far-left would prefer politicians who represent the most extreme respective political philosophy, i.e., full drug legalization, or the banning of all taxes.
Some notable far left figures include Ralph Nader and Massachusetts Senator Elizabeth Warren, and on the right former Pennsylvania Senator Rick Santorum and former Alaska Governor Sarah Palin.
Self Identification
In general, the right wing outnumbers the left in the U.S. According to recent polls, only 23 percent of Americans identify themselves as being on the left, while 38 percent identify as “conservative,” or members of the right wing. Even so, 23 percent is the highest number self-identifying as being on the left at any time since 1992.
Demographics
Those who would typically identify as being on the right tend to live in rural areas and suburbs, especially in the south, Midwest, and extreme rural west. Meanwhile, those on the left tend to inhabit medium and large cities, and live along either the east or west coast.
Those on the left also tend to be young, and many tend to be of a minority population, including women. Those who identify as being on the right tend to be older, most often Caucasian, and mostly male.
References
Liberal Self-Identification Edges Up to New High in 2013 – Gallup
Political “Left” and “Right” Properly Defined – The Objective Standard
Why Are Jews Liberals? – WSJ.com
Wikipedia: Left-wing politics
Wikipedia: Right-wing politics
The Libertarian Party on Today’s Issues – Libertarian Party
10 Dangerous Anti-Abortion Bills That Are Already Gaining Traction This Year – ThinkProgress
Biography – Senator Elizabeth Warren
Source
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Weekly Legislative Roundup 3/29
Welcome to the latest edition of NORML’s Weekly Legislative Roundup!
The U.S. House Financial Services Committee has passed The Safe Banking Act, HR 1595 out of committee this week. It now awaits consideration by the U.S. House Judiciary Committee.
Guam became the first US territory to send a bill legalizing the adult-use of marijuana to the governor’s desk in 2019. The bill awaits action by Governor Lou Leon Guerrero (D).
Governor Jim Justice (R) of West Virginia signed legislation into law that allows financial institutions to provide banking services related to the state’s medical marijuana program.
Governor Gary Herbert (R) of Utah signed legislation into law that strengthens protections for medical cannabis patients and further improves upon the state’s new medical cannabis access program.
New Jersey tabled a scheduled vote to pass adult-use marijuana legalization after falling just a few votes short of the threshold needed to pass. Legalization legislation now awaits another floor date while advocates in New Jersey gain the necessary support to pass it.
In Texas, the House Committee on Criminal Jurisprudence passed a marijuana decriminalization bill out of committee this week. The bill would make possession of small amounts of marijuana punishable by a fine with no jail time and no marks would be added to a person’s criminal record.
Following are the bills that we’ve tracked this week and as always, check NORML’s Action Center for legislation pending in your state.
Don’t forget to sign up for our email list, and we will keep you posted as these bills and more move through your home state legislature and U.S. Congress. Another great way to stay up to date is Marijuana Moment’s daily newsletter, which you can subscribe to HERE.
All Power to All the People,
Tyler
Actions to Take
Federal
End Prohibition: The Marijuana Justice Act would (1) remove marijuana from the US Controlled Substances Act, thereby ending the federal criminalization of cannabis; (2) incentivize states to mitigate existing and ongoing racial disparities in state-level marijuana arrests; (3) expunge federal convictions specific to marijuana possession; (4) allow individuals currently serving time in federal prison for marijuana-related violations to petition the court for resentencing; (5) and create a community reinvestment fund to invest in communities most impacted by the failed War on Drugs.
Send a message to your federal lawmakers in support of this important legislation
California
Senate Bill 34 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.
Update: SB 34 is scheduled for a hearing in the Senate Committee on Business, Professions, and Economic Development on 4/1/2019.
CA resident? Click here to email your lawmakers in support of compassionate care programs
Legislation is pending, Senate Bill 223, to allow medical cannabis to be administered to patients at school.
The measure permits a parent or guardian to administer medical cannabis to their child patient on school grounds in a non-smoking and non-vaping form.
Update: SB 223 was passed out of the Senate Judiciary Committee with a “do pass” recommendation on 3/26.
CA resident? Click here to email your lawmakers in support of allowing medical cannabis in schools
Colorado
House Bill 19-1028 would permit physicians to recommend cannabis therapy to those diagnosed with an autism spectrum disorder.
Update: HB 19-1028 was approved by the Senate Committee on Health & Human Services on 3/14, and then was approved by the Senate on 3/20. The bill now heads to the governor’s desk.
CO resident? Click here to email your governor in support of medical expansion
Connecticut
Lawmakers in Connecticut have introduced a package of bills specific legalizing and regulating the use and sale of marijuana by adults and facilitating equity in the industry.
Senate Bill 1085 permits those age 21 and over to purchase and possess up to one and one-half ounces of marijuana. The measure would also allow those with past marijuana possession convictions to petition the court to have their record expunged.
Separately, House Bill 7371 would establish a regulatory framework for the licensed retail sale of adult-use marijuana.
Update: There was a Public Hearing for SB 1085 on 3/22 after its passage out of the General Law Committee.
CT resident? Click here to email your lawmakers in support of legalization
Delaware
Legislation is pending, Senate Bill 45, to amend certain marijuana penalties for juvenile offenders.
Under state law, adults face civil penalties for minor marijuana possession offenses. Senate Bill 45 would make this policy consistent for juvenile offenders.
Update: SB 45 is scheduled for a hearing in the Senate Committee on Health & Social Services on 4/10/2019 at 2:30pm in the Senate Hearing Room.
DE resident? Click here to email your lawmakers in support of penalty reductions for juveniles
Legislation is pending, Senate Bill 59, to expand medical cannabis access.
The measure expands the pool of medical professionals who are eligible to recommend medical cannabis by permitting physician assistants and nurse practitioners to issue recommendations to their patients.
Update: SB 59 is scheduled for a hearing in the Senate Committee on Health & Social Services on 4/10/2019 at 2:30pm in the Senate Hearing Room.
DE resident? Click here to email your lawmakers in support of medical expansion
Georgia
House Bill 324 seeks to establish a regulatory framework to permit the retail sale of medical CBD products to registered patients.
Update: HB 324 was heard by the Senate Regulated Industries & Utilities Committee on 3/21.
GA resident? Click here to email your lawmakers in support of medical CBD expansion
Hawaii
Legislation is pending, House Bill 1383, that would decriminalize certain marijuana possession offenses.
The bill would impose a civil penalty for the possession of up to three grams of marijuana, punishable by a $30 fine.
Update: HB 1383 was heard and approved by the Committees on Judiciary and Public Safety, Intergovernmental, and Military Affairs on 3/19. The bill was amended to lower the fine from $200 to $30.
HI resident? Click here to email your lawmakers in support of decriminalization
Legislation is pending, House Bill 673 / Senate Bill 1430, to expand medical cannabis access.
The measure would protect registered medical cannabis patients from employment discrimination by prohibiting employers from arbitrarily discriminating against employees who legally consume medical cannabis off-the-job in accordance with state law.
Update: HB 673 was heard and approved by the Senate Committee on Commerce, Consumer Protection, and Health on 3/21. The bill was amended to strip out provisions that would allow the sale of medical cannabis edible products and permit physician assistants to issue recommendations. But a provision to protect patients from employment discrimination was added.
HI resident? Click here to email your lawmakers in support of medical expansion
Senate Bill 1353 seeks to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: SB 1352 was heard by the House Committee on Judiciary on 3/18.
HI resident? Click here to email your lawmakers in support of industrial hemp production
Illinois
House Bill 902 – The Cannabis Legalization Equity Act would regulate the use, possession, cultivation, and retail sale of adult-use marijuana.
The measure would allow adults 21 and over to possess up to 224 grams of marijuana and cultivate up to 24 mature plants in their home.
Update: HB 902 was heard in the House Judiciary – Criminal Committee on 3/19.
IL resident? Click here to email your lawmakers in support of legalization
House Bill 2493 allows those convicted of possessing up to 30 grams of cannabis to petition the court to have their records automatically expunged.
House Bill 2734 would call for a review of past convictions and would establish a process to automatically expunge the records of individuals who were convicted of certain marijuana possession offenses.
House Bill 2621 would allow individuals to petition the court for expungement of marijuana possession convictions for activity that has since been decriminalized.
House Bill 3392 would automatically limit access to criminal records of individuals who have completed all court orders and have gone ten years without any additional felony or misdemeanor convictions.
Update: All four bills were heard in the House Judiciary – Criminal Committee on 3/19.
IL resident? Click here to email your lawmakers in support of expungement
House Bill 2980 / Senate Bill2023 would amend the Illinois Banking Act and the Illinois Credit Union Act in a manner that facilitates banks and other financial institutions to safely conduct transactions with licensed marijuana businesses.
Update: HB 2980 was heard in the House Judiciary – Criminal Committee on 3/19. SB 2023 was approved by the Senate Financial Institutions Committee on 3/20.
IL resident? Click here to email your lawmakers in support of banking access
A majority of the members of Illinois’ House of Representatives have added their names as cosponsors to a resolution urging lawmakers hit the brakes on the marijuana legalization debate.
The resolution states, “Lawmakers should not rush irresponsible legislation purely for tax revenues but should consider the health and safety of Illinoisans as their first priority when considering the question of legalization.”
IL resident? Click here to email your lawmakers in opposition to stalling the legalization debate
Kansas
Legislation is pending, SB 233 / HB 2173, to establish an industrial hemp program to be in compliance with the new federal hemp regulations.
Update: HB 2173 was approved by the House Committee on Agriculture on 3/20.
KS resident? Click here to email your lawmakers in support of industrial hemp production
Maine
Legislation is pending, LD 1374, to allow licensed dispensaries and caregivers to home deliver medical cannabis to select patients.
ME resident? Click here to email your lawmakers in support of medical cannabis delivery services
Maryland
Legislation is pending, HB 33 / SB 893, to permit physicians to recommend cannabis therapy to those struggling with opioid abuse or dependence.
Update: SB 893 was approved by the Senate on 3/15, and recently had a hearing in the House Health and Government Operations Committee on 3/27.
MD resident? Click here to email your lawmakers in support of cannabis as an alternative to opioids
Legislation is pending, Senate Bill 857 / House Bill 17, to allow licensed dispensaries to sell edible medical cannabis products.
Update: SB 857 was unanimously approved by the Senate on 3/15, and recently had a hearing in the House Health and Government Operations Committee on 3/27.
MD resident? Click here to email your lawmakers in support of medical cannabis edible products
Legislation is pending, Senate Bill 854, to mandate employers and/or their insurers to provide worker’s compensation for those who may require medical cannabis therapy as a result of an occupational injury.
MD resident? Click here to email your lawmakers in support of workers compensation for medical cannabis
Minnesota
Legislation is pending, HF 766 / SF 1070, to expand access to medical cannabis in the state.
The measure would:
Authorize each dispensary to open four additional locations in specified areas throughout the state
Allow specific formulations of medical cannabis to be administered to qualified patients on school grounds
Update: HF 766 was heard by the House Committee on Health and Human Services Finance Division on 3/28.
MN resident? Click here to email your lawmakers in support of medical expansion
Missouri
Legislation is pending, House Bill 1095, reduce marijuana offense penalties in Missouri. This measure would reduce the penalty for the possession of up to 100 grams of marijuana or marijuana concentrate from a misdemeanor to a civil infraction. It also reduces the penalty for the delivery of up to 100 grams of marijuana or marijuana concentrate from a felony to a civil infraction.
Update: HB 1095 is scheduled for a hearing in the Special Committee on Criminal Justice on 4/4/2019 at 8:00am in House Hearing Room 1.
MO resident? Click here to email your lawmakers in support of decriminalization.
Montana
House Bill 498 would allow qualified patients to access medical cannabis while on either probation or parole.
Update: HB 498 had a hearing in the Senate Judiciary Committee on 3/27/2019.
MT resident? Click here to email your lawmakers in support of medical expansion.
Nevada
Legislation is pending, Senate Bill 228, to expand Nevada’s medical cannabis access program.
The proposed changes:
Allows wellness service providers such as massage therapists, reflexologists, and structural integration practitioners to recommend and administer cannabis and hemp infused products for therapeutic purposes;
Prohibits a practitioner from refusing to prescribe a controlled substance to a patient solely because the patient uses marijuana; and
Establishes a Cannabis Control Commission to oversee the state’s medical marijuana access program.
Update: SB 228 is scheduled for a hearing in the Senate Committee on Health and Human Services on 4/1/2019.
NV resident? Click here to email your lawmakers in support of medical expansion
New Hampshire
Legislation is pending, House Bill 481, to allow for the use, possession, and retail sale of marijuana by adults.
Update: The House Ways and Means Committee submitted a report with an “ought-to-pass with amendment” recommendation for HB 481 on 3/28.
NH resident? Click here to email your lawmakers in support of legalization
Legislation is pending, House Bill 364, to permit qualifying patients to cultivate personal use quantities of cannabis for therapeutic purposes.
The measure would permit patients to grow up to three mature plants and 12 seedlings and to possess up to two ounces of home-grown medical cannabis.
Update: HB 364 had a hearing in the Senate Health and Human Services Committee on 3/26/2019.
NH resident? Click here to email your lawmakers in support of home cultivation
Legislation is pending, HB 350, to expand medical cannabis access.
The measure expands the pool of medical professionals who are eligible to recommend medical cannabis by permitting physician assistants to issue recommendations to their patients.
Update: HB 364 had a hearing in the Senate Health and Human Services Committee on 3/26/2019.
NH resident? Click here to email your lawmakers in support of medical expansion
Legislation is pending, House Bill 459, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: HB 459 was approved by the New Hampshire House of Representatives on 3/19.
NH resident? Click here to email your lawmakers in support of industrial hemp production
Legislation is pending, House Bill 399, that would permit those convicted of past marijuana offenses to seek an expungement of their criminal records.
Update: HB 399 is scheduled for a hearing in the House Judiciary Committee on 4/2/2019 at 10:30am.
NH resident? Click here to email your lawmakers in support of record expungement.
New Jersey
Senate Bill 2703 and Assembly Bill 4497: The New Jersey Cannabis Regulatory and Expungement Aid Modernization Act would regulate adult use marijuana sales and also provide for the expungement of certain past records.
Update: S. 2703 was scheduled for a full floor vote on 3/25/2019, but the vote was cancelled after falling just a few votes shy of the threshold needed for passage. The bill now awaits another vote that has yet to be scheduled.
NJ resident? Click here to email your lawmakers in support of legalization
3205 / A. 4498, would make more crimes eligible for expungement — including offenses involving controlled dangerous substances — and cut the wait time down to five years. It also includes a “clean slate” process that will wipe away all offenses at once for anyone who has a clean record for 10 years after their last offense. Many more serious crimes would not be eligible.
Update: S. 3205 was heard and approved by the Senate Judiciary Committee on 3/18, and A. 4498 was heard and approved the Assembly Appropriations Committee on 3/18. The bills are scheduled to be considered by the full chambers on Monday 3/25.
NJ resident? Click here to email your lawmakers in support of expungement
Senate Bill 10 and Assembly Bill 10 seek to expand patients’ access to medical cannabis.
The measure facilitates the expansion of additional medical cannabis growers and providers, while also expanding the amount of cannabis a patient may legally purchase and possess. It further expands the pool of licensed health professional who may recommend medical cannabis, and shields registered patients from employment discrimination and the loss of child custody. It also phases out retail sales taxes on medical cannabis, amongst other changes.
Update: A. 10 was heard and approved by the Assembly Appropriations Committee on 3/18. The bills awaiting scheduled floor votes.
NJ resident? Click here to email your lawmakers in support of medical expansion
New Mexico
Senate Bill 406:
Allows medical practitioners to recommend medical cannabis for several new conditions, including PTSD, Parkinson’s, and severe chronic pain;
Prohibits employers from taking adverse action on an employee due to a positive drug test result or their status as a patient
Allows primary caregivers to obtain a license to grow medical cannabis;
Removes medical cannabis use as a violation of probation or parole;
Protects patients who require organ transplants
Update: SB 406 was approved by the House of Representatives on 3/16, and now heads to the governor’s desk.
NM resident? Click here to email your lawmakers in support of medical expansion
New York
Legislation is pending, S.4117, that would prohibit the eviction of tenants for using medical marijuana for a certified medical use.
Update: S. 4117 had a hearing in the Senate Housing, Construction and Community Development Committee on 3/26.
NY resident? Click here to email your lawmakers in support of housing protections
North Carolina
Legislation is pending, Senate Bill 168, to expand the state’s medical CBD exemption law.
The measure expands the pool of individuals eligible for a medical CBD exemption to include those diagnosed with autism, multiple sclerosis, Crohn’s disease, and Mitochondrial disease.
Update: S. 168 was heard in the Senate Judiciary Committee on 3/20.
NC resident? Click here to email your lawmakers in support of expanded medical CBD exemptions
North Dakota
House Bill 1417 allows physicians to explicitly authorize patients diagnosed with cancer to legally possess greater quantities of cannabis than are generally allowed under the law.
Separately, House Bill 1519 would permit providers to recommend medical cannabis to those diagnosed with 13 additional conditions, including anorexia nervosa, anxiety, opioid use disorder or withdrawal, and autism.
A third measure, House Bill 1283, would allow physicians assistants to recommend medical cannabis to their patients.
And a separate measure, House Bill 1364, would permit edible medical cannabis products, as long as they do not appeal to minors.
Update: HB 1417, 1519, and 1283 were all approved by the Senate Human Services Committee. HB 1364 was reported out of committee without a recommendation.
ND resident? Click here to email your lawmakers in support of medical expansion
Oklahoma
Legislation is pending, Senate Bill 868 / House Bill 2628, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: SB 868 is scheduled for a hearing in the House Committee on Agriculture and Rural Development on 4/1/2019 at 3:00pm and HB 2628 is scheduled for a hearing in the Senate Committee on Agriculture and Wildlife on 4/1/2019 at 10:00am.
OK resident? Click here to email your lawmakers in support of industrial hemp production
Oregon
Legislation is pending, House Bill 3169, which seeks to allow licensed cannabis businesses to safely conduct transactions with financial institutions.
If passed, this legislation would allow banking institutions and credit unions to organize as limited charter cannabis financial institutions.
Update: HB 3169 had a publice hearing in the House Economic Development Committee on 3/25.
OR resident? Click here to email your lawmakers in support of banking access
Legislation is pending, Senate Bill 420, to expand upon Oregon’s expungement law.
The measure would direct the Department of Justice to automatically conduct a review of past misdemeanor cannabis convictions, and to “set aside” offenses that are no longer a crime under state law.
Update: SB 420 is scheduled for a work session in the Senate Committee on the Judiciary on 4/8/2019 at 8:00am.
OR resident? Click here to email your lawmakers in support of expungement.
Rhode Island
5290 would protect registered medical cannabis patients from employment discrimination. The measure would prohibit employers from arbitrarily discriminating against employees who legally consume medical cannabis off-the-job in accordance with state law.
Update: H. 5290 had a hearing in the House Judiciary Committee on 3/26/2019.
RI resident? Click here to email your lawmakers in support of medical cannabis patients.
5828 would establish a system for the regulation and taxation for the adult-use and cultivation of marijuana in the state of Rhode Island. The bill would allow for the personal possession of up to one ounce of cannabis outside the home and up to five ounces of cannabis in a person’s primary residence. It also allows for the cultivation of up to two cannabis plants in a person’s home, with one or fewer being mature.
Update: H. 5290 had a hearing in the House Judiciary Committee on 3/26/2019.
RI resident? Click here to email your lawmakers in support of medical cannabis patients.
South Carolina
3660 / S. 366: The South Carolina Compassionate Care Act, would regulate medical cannabis distribution and access, but it prohibits the inhalation or smoking of herbal medical cannabis.
Update: S. 366 is scheduled for a hearing in the Senate Committee on Medical Affairs on 4/4/2019 at 10:00am in the Gressette Room 308.
SC resident? Click here to email your lawmakers in support of medical cannabis access
Legislation is pending, H 3449, to amend the state’s existing industrial hemp law to be in compliance with new federal hemp regulations.
Update: H 3449 was heard in the House Agriculture, Natural Resources and Environmental Affairs Committee on 3/21.
SC resident? Click here to email your lawmakers in support of industrial hemp production
Tennessee
Legislation is pending, SB 256/HB 235, to decriminalize the possession of small amounts of marijuana in Tennessee.
The measure would remove criminal penalties for the possession of up to one ounce of marijuana.
Update: HB 235 has a hearing scheduled in the Criminal Justice Subcommittee on 4/3/2019.
TN resident? Click here to email your lawmakers in support of decriminalization
Legislation is pending, SB 260/HB 234, to allow out-of-state medical cannabis patients to legally possess their medicine while visiting Tennessee.
Under this measure, patients who are registered to use medical cannabis in those 33 jurisdictions that permit its therapeutic use may legally possess up to a half-ounce of cannabis while visiting Tennessee.
Update: HB 234 has a hearing scheduled in the Criminal Justice Subcommittee on 4/3/2019.
TN resident? Click here to email your lawmakers in support of out-of-state protections
Legislation is pending, SB 357 / HB 844, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: HB 844 was heard by the House Rules Committee on 3/21.
TN resident? Click here to email your lawmakers in support of industrial hemp production
Vermont
54 would establish a regulatory framework for the regulation of a commercial, adult use marijuana market.
Update: S. 54 was heard by the House Committee on Government Operations on 3/27.
VT resident? Click here to email your lawmakers in support of regulation
Legislation is pending, Senate Bill 58, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: S. 58 was approved by the Senate Committees on Finance, Agriculture, and Appropriations on 3/22.
VT resident? Click here to email your lawmakers in support of industrial hemp production
Washington
Legislation is pending, SB 5605 / HB 1500, to allow individuals with prior misdemeanor cannabis convictions to apply to the sentencing court to have their record vacated.
Update: SB 5605 recently had a hearing in the House Committee on Public Safety on 3/25, and is scheduled for an executive session in the House Committee on Public Safety on 4/2/2019 at 3:30pm.
WA resident? Click here to email your lawmakers in support of vacating past records
Legislation is pending, House Bill 1095 / Senate Bill 5442, to allow medical cannabis to be administered to patients at school.
Update: HB 1095 had a public hearing in the Senate Committee on Early Learning & K-12 Education on 3/27.
WA resident? Click here to email your lawmakers in support of allowing medical cannabis in schools
Legislation is pending, Senate Bill 5276, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: SB 5276 is scheduled for an executive session in the House Committee on Commerce & Gaming.
WA resident? Click here to email your lawmakers in support of industrial hemp production
Source: https://blog.norml.org/2019/03/29/weekly-legislative-roundup-3-29/
The following blog post Weekly Legislative Roundup 3/29 is available on Giggles N Dimples Blog
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Update on coins, precious metals sales tax exemptions
As of right now, 37 states have either no state sales taxes at all (Alaska, Delaware, Montana, New Hampshire, and Oregon) or have complete or partial sales tax exemptions on the in-state retail sales of coins and precious metals bullion. That may soon change.
All ten of the most populous states and 17 of the 20 most populous have such exemptions, so that well over 80% of the nation’s residents have such an exemption where they live.
Last Friday, the West Virginia legislature overwhelmingly passed a coins and precious metals sales tax exemption (33-0 in the Senate and 90-9 in the House). It now awaits the governor’s signature to take effect on July 1.
A legislative committee in Tennessee has already passed a similar exemption bill. On March 13, the first legislative committee in Arkansas considered such legislation. There have also been coins and precious metals exemption bills introduced in the legislatures in Kansas, Maine, and Wisconsin.
Because of my past career as a certified public accountant and in leading Michigan’s effort to gain a coin and precious metals sales tax exemption in 1999, I have been heavily involved in such exemption efforts. After Michigan adopted its exemption, I later documented that the Michigan Treasury actually experienced an increase in total sales tax collections and also in other tax collections. This research, in conjunction with the Industry Council for Tangible Assets, has been used to subsequently help gain similar sales tax exemptions in the states of Alabama, Indiana, Iowa, Minnesota, Nebraska, North Carolina, Oklahoma, Ohio, Pennsylvania, South Carolina, and Virginia and to expand an existing exemption in Texas and Louisiana (and to help reinstate Louisiana’s exemption after it was suspended in 2016).
I have made multiple trips to Arkansas, Kansas, and Tennessee to speak with fiscal staff and legislators, generally with positive results. I also supplied my research to those working on the exemptions in Maine, West Virginia, and Wisconsin.
That’s the good news. The bad news is that the states of Nebraska and Washington have bills to revoke their current exemptions. These bills were to have committee hearings on March 13 and 14, respectively. In the past, four states have revoked such sales tax exemptions (Colorado, Florida, Louisiana—twice, and Ohio), but all later reinstated the same or similar exemptions.
On the surface, it might seem that ending sales tax collections on a category of items would result in a decline in total sales tax collections. However, when tax laws change, people change their financial activities. So, what changes bring on the result of sales tax collections actually increasing?
• Almost all coin dealers sell merchandise beyond coins and precious metals, many of which are still subject to sales tax. The most common examples are antiques, jewelry, hobby supplies, and other collectibles. In a national coin dealer survey conducted by the Industry Council for Tangible Assets in 2016 for the year 2015, it was calculated that greater store traffic in coin shops once a coin and precious metals exemption took effect resulted in higher sales of taxable merchandise—enough so that it replaced an average of 2/3 of the sales tax collections lost from the exemption.
• In the 1990s, the Michigan Treasury came out with a research study projecting that 38.5% of payrolls are spent on merchandise on which sales tax is collected. In my research, I documented that the higher payrolls at coin dealers after the exemption (industry employment more than doubled) replaced more than 100% of the sales tax collections lost from the exemption.
• Coin show attendance, especially by dealers and visitors from out of state, is much higher in states with coin and precious metals sales tax exemptions. That means that the hospitality industry sells more hotel room stays, restaurants serve more meals, gas stations sell more fuel, and other retailers also experience higher sales for which higher sales tax collections occur.
As more states adopt coin and precious metals sales tax exemptions, it becomes easier to gain exemptions in other states. Should the exemption efforts in all six states succeed this year, that will leave only the states of Hawaii, Kentucky, Mississippi, Nevada, New Jersey, New Mexico, Vermont, and the District of Columbia still taxing coin and precious metals transactions. While it is unusual for most exemption efforts to succeed in the first year of effort, one can only hope.
That is the overall good news for coin and precious metals sales tax exemptions at the state level. Unfortunately, what is happening in state legislatures and treasury departments as a result of last June’s U.S. Supreme Court decision in South Dakota v Wayfair is going to cripple coin dealerships (and all small businesses in general) across the country with higher paperwork burdens, registrations, and filing of tax forms. What has already occurred or is in the works in the states of California, New York, Pennsylvania, Texas, Washington, and elsewhere will be the subject of next week’s column.
In the meantime, the Industry Council for Tangible Assets is hard at work and well positioned to help coin dealers and other retailers lessen the burdens resulting from the Wayfair court case. It is critical for coin dealers (and even serious numismatic collectors) who are not already members of ICTA to join right now. Go to https://www.ictaonline.org/membership to do so today. (Full disclosure, I have served ICTA as treasurer and as a member of the board of directors and its executive committee since 2002, though the comments in this column are my personal comments and not official statements by ICTA.)
Patrick A. Heller was the American Numismatic Association 2018 Glenn Smedley Memorial Service Award, 2017 Exemplary Service Award, 2012 Harry Forman Dealer of the Year Award, and 2008 Presidential Award winner. He was also honored by the Numismatic Literary Guild in 2017 and 2016 for the Best Dealer-Published Magazine/Newspaper and for Best Radio Report. He is the communications officer of Liberty Coin Service in Lansing, Mich., and writes Liberty’s Outlook, a monthly newsletter on rare coins and precious metals subjects. Past newsletter issues can be viewed at http://www.libertycoinservice.com. Some of his radio commentaries titled “Things You ‘Know’ That Just Aren’t So, And Important News You Need To Know” can be heard at 8:45 AM Wednesday and Friday mornings on 1320-AM WILS in Lansing (which streams live and becomes part of the audio and text archives posted at http://www.1320wils.com).
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