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Sometime before Christmas, Richard DeLisi, 71, will finally be released from the Florida prison where he has lived since 1988.

DeLisi is serving a 90-year prison term for selling marijuana. He tried to sell quite a bit of it—1,500 pounds, as a Miami New Times profile recounts—but he was never charged with a violent crime. Nor was he alleged to have hurt anyone.

Marijuana legalization is very popular these days, and DeLisi has already served more than twice the average sentence for murder. So it seems reasonable and good that he’d be let out, to enjoy what time he has left in relative freedom.

For this, he has COVID-19 to thank—and not marijuana legalization.

Legalization is proving extremely effective at creating a new class of entrepreneurs and creating wealth for investors, but not very good at fulfilling some of its most basic promises.

Now that 15 states have legalized the use of recreational cannabis — and only six states still count it as fully illegal — industry experts say the federal government is facing more pressure to ease its tough standards on the use and sale of the drug.

President-elect Joe Biden has promised to tackle criminal justice reform — including marijuana laws, and Vice President-elect Kamala Harris was an early supporter of the MORE Act, which would lay the groundwork for federal decriminalization by expunging marijuana convictions and prohibiting the denial of benefits on the basis of a “cannabis-event.”

Businesses in the $17 billion cannabis industry would benefit from full legalization with easier investment and banking opportunities, much of which is regulated federally. And state and federal governments may profit from a simpler tax scheme on the drug.

“If you don’t allow that legal operation, somewhere in the community, the sales will continue,” Chris Lindsey, a legislative analyst of Marijuana Policy Project, told Marketplace.

Lindsey compares current federal cannabis policy to alcohol prohibition in the 1920s. Prohibition made it federally illegal to produce, import, transport, and sell alcoholic beverages but consumers were safe from prosecution. This led to criminal organizations controlling a black market and — most importantly — gaining all the profits.

State legislators are rekindling efforts to open New Mexico to recreational marijuana production and sales, with an emphasis on economic opportunity amidst the turmoil of the coronavirus pandemic.

State Rep. Javier Martinez told a panel of lawmakers Tuesday that he will introduce legislation in 2021 to regulate and tax recreational marijuana, hewing closely to a proposal that won House approval earlier this year but died in the Senate without a floor vote.

Elections this year ousted several conservative-leaning Democratic state senators who opposed past legalization efforts. Democratic Gov. Michelle Lujan Grisham last week reiterated her support for recreational marijuana as an opportunity to expand and diversify the state economy.

“I think the prospect for a recreational bill to pass this year are looking much better,” said Democratic state Sen. Jacob Candelaria of Albuquerque, a sponsor of past recreational marijuana and drug decriminalization initiatives. “What matters most is just the numbers (of potential supporters) in the New Mexico Senate. I think we just have better numbers.”

Candelaria, a medical marijuana patient and attorney who represents current cannabis business license holders, urged the Lujan Grisham administration to lift what he called artificial limits on medical marijuana production to avoid shortages and costly delays in new tax revenue if recreational marijuana is approved by the House and Senate, where Democrats hold majorities.

Industry insiders believe Democrat-held Congress would likely take up the SAFE Banking and MORE Acts, generating long-term market effects.

Despite ongoing attempts by the Trump Administration to delay the transition, President-elect Joe Biden and Vice President-elect Kamala Harris are expected to take power on January 20, 2021, creating an impact on the cannabis stock market that could be substantial. 

A Biden/Harris presidency could prove beneficial for a surging cannabis reform movement and its market after a clean sweep across five states on Election Day. Still, financial and legal experts point out that cannabis reform relies on more than the White House. As such, a delay in both reform and market impact could occur. 

Power, Potential Reform Remains In The Balance

The Biden White House should provide the marijuana market a bump of some form. However, its scope hinges on Biden, a decriminalization proponent, and the U.S. Senate’s power, which remains in limbo until January when two runoffs in Georgia are held. 

The results will determine if the Democrats control both chambers of Congress or Biden’s opposition from cannabis opponent Mitch McConnell. 

When three former Marines started laying the groundwork for a veteran advocacy group, the connections between opioid use and suicide became readily apparent, prompting them to look for a way to make a bigger impact.

Bryan Buckley, Matt Curran and Andy Miears started Helmand Valley Growers Company in 2019 as a for-profit cannabis business that would donate 100 percent of its proceeds to Battle Brothers Foundation, a nonprofit founded by Buckley dedicated to researching medical cannabis treatments for veterans with ailments such as post-traumatic stress disorder.

“It’s essentially a call to arms for the cannabis community,” says Buckley, the CEO of HVGC and the president of Battle Brothers.

Miears, now the chief cultivator of HVGC, was the first in the group to champion cannabis, due to the positive effects it was having on his life. Cannabis helped Miears “transition from a warrior to a gardener,” Buckley says.

“Our mission is to provide an alternative to doctors and the health-care system, and that (alternative) is cannabis,” says Curran, the company’s chief operating officer, who acknowledges that cannabis can’t fix every problem, but is “a very effective tool that has marginal side effects when you look at it next to a prescription drug.”

Marijuana won big this election, gaining legal ground in five states, but it remains illegal in North Carolina. That’s not expected to change with the state’s incoming legislature.

Why it matters: Coronavirus has left deep scars on our economy, and proponents of legal marijuana say it could be the jump-start North Carolina needs. Especially for the state’s many tobacco farmers, some of whom have already leaned into the rising hemp industry. In 420-friendly states like Colorado and Washington, marijuana sales has generated hundreds of millions in tax revenue and employed tens of thousands.

Opponents, however, cite a lack of research on the drug’s effects and potential risk factors.

Public opinion: 72.5 percent of N.C. residents support legal marijuana for medical purposes. Unlike other states, legalization can’t be put to a public vote; it’s up to the state legislature. Still, constituents play an important role in any path forward through their vote and their voice.

Where legalization stands: Federally, marijuana is illegal, but a majority of states have now legalized it for medical or recreational use, or both.

Nearly 75% f the country has legalized cannabis to some extent – either medical, recreational, or both – which begs the question, how are employers dealing with the rapidly changing laws in their regions?

As of election day, November 3rd, 2020, a total of 36 states, District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Island have approved comprehensive medical cannabis programs. Out of those, 15 states have legalized adult-use marijuana. Recreational is even legal in our nation’s capital, Washington D.C., where you will find a robust legal market.

Despite all of that, marijuana is still federally illegal. This presents many unique challenges for employers who maintain drug testing policies and have concerns about productivity and workplace safety, as well as issues for employees who may be denied employed for cannabis use when they are responsible users who are otherwise, completely qualified.

How are these issues being resolved? Is common ground between employees and employers achievable?

Medical use vs recreational use

When it comes to denying employment based on cannabis use, a very important distinction is whether the patient uses it recreationally or medicinally. Outlined under state laws, marijuana can be prescribed for a variety of preapproved conditions. If someone is using marijuana for panic attacks, for example, this could warrant random, all-day availability and use.

“Employers must understand their rights and duties when it comes to drug testing because state laws are evolving,” said David Reischer, attorney and CEO of LegalAdvice.com. “Marijuana is still federally illegal, and employers generally are allowed to have a drug-free workplace and to enforce zero-tolerance policies.”

Argentina’s government on Thursday legalised the growing of cannabis for medical use by individuals and networks, as well as the sale of creams and oils made from the plant in pharmacies.

The move was made official via the publication of a decree published in the Official Gazette. The new rules are revisions to a law first approved back in March 2017 that authorised the medicinal use of cannabis oils, but maintained an existing prohibition on the cultivation of the plant and the possession of seeds by individuals or groups.

The new decree, signed by President Alberto Fernández, seeks to allow "timely, safe, inclusive and protective access for those who need to use cannabis as a therapeutic tool," according to its text.

"It is urgent to create a regulatory framework that allows timely, safe, inclusive and protective access for those who need to use cannabis as a therapeutic tool," reads Decree 883/2020. 

The new rules state that the sale of cannabis oils and creams in pharmacies and the personal and organised cultivation of the plant is authorised for users, researchers and patients who are registered under the Reprocann programme (“National Cannabis Programme”), a scheme that was created by the 2017 law but is not yet fully operational.

State says recreational marijuana license won't be available for a year

If you thought Montana's approval of recreational marijuana means you can start legally selling pot right away, the state says not so fast.

Voters approved a pair of initiatives on Election Day, a step which most have seen as opening the door to legal and possible legislative challenges which must be resolved first.

And now the Montana Department of Revenue is saying even absent any legal roadblocks, there's a "lot of work to do" before the state will make licenses available to legally sell non-medical marijuana.

Director Gene Walborn said the state is starting the process of setting up that system, but he doesn't expect the first licenses will be issued until October 1st next year.

Even as historically conservative states have embraced legalization, reefer madness is alive and well in Nebraska.

At least with the state’s governor, Pete Ricketts, who on Tuesday once again sounded the alarm on something that a growing majority of the country is cool with.

“Well, we’ve certainly seen in other states like Colorado when you pass legalization of recreational, as well as medicinal, marijuana that you see an increase in traffic fatalities that are caused by marijuana use and an increase in a number of other things such as young people getting a hold of the marijuana,” Ricketts said, as quoted by Omaha-based television station KETV. “The marijuana has the opportunity to create psychosis in people and that could lead to a number of very bad outcomes as well, so those bad health effects happen when you legalize marijuana.”

Ricketts made the comments in response to last week’s election results in the Cornhusker State’s northern neighbor, South Dakota, where voters approved separate measures legalizing medical marijuana and recreational pot. The results mean that Nebraska will soon border two states where cannabis is legal for adults, with Colorado voters paving the way for an end to prohibition back in 2012. 

Consistency in Ricketts’ Comments

For Ricketts, a Republican currently serving his second term as Nebraska’s governor, the comments are hardly a surprise. In August, ahead of his state’s expected vote on a medical marijuana measure, Ricketts was highly dismissive of cannabis as a treatment for patients.

In an interview with WAMC Northeast Public Radio on Thursday, Gov. Andrew Cuomo said that legalizing recreational marijuana in New York is very possible and could even happen soon.

"I think that this year [recreational legalization] is ripe because the state is going to be in desperate need of revenue."

He added, "I think the pressure is going to be on because we are going to need the money so badly, and you have such a [budget] gap now, I think it's going to be an easier conversation."

Cuomo claims he's been an advocate for full legalization in his state for years. In reality, he's waffled. In April, for example, he described legalization as "not likely" before the end of 2020. Since then, however, the coronavirus pandemic has not abated, badly affecting the global economy and battering New York's in particular.

Cuomo is also facing extra pressure from the legalization of recreational marijuana in New Jersey, New York's neighbor and eternal rival. On Election Day, Garden State voters approved the measure by a two-thirds majority. Two other neighboring states, Vermont and Massachusetts, have been fully legal for some time now.

Devin Crispin began growing hemp in 2019 in hopes of producing CBD oil.

He said the new plan provided by the government allows farmers to have clearer picture of what to expect before they begin the process like when to harvest and how to test their plants’ THC levels.

“We have a pretty good handle on what the new regulations will be. I think the benefit will be having a firm rule in place so that people can make investments and decide what they’re willing to risk without changes coming down that could affect their businesses.”

USDA approves Indiana’s plan for commercial hemp growing 

Prior to 2020 hemp farmers had to have a research license through a university to grow hemp.

Under Indiana’s new plan, farmers can now apply for a license independently to produce commercial hemp.

It was no surprise to Michael Di Croce when New Jersey voters approved a referendum Tuesday allowing anyone 21 and older to smoke marijuana recreationally.

For two years, Di Croce, the mayor of Shamong Township, Burlington County, has been pitching his Pinelands community as a potential marijuana epicenter in anticipation of legalization. His goal was to use the resulting revenue to lower local property taxes and maybe even build a community center with an Olympic size pool.

“I think it’s fantastic,” Di Croce said of the vote. “Farmers … have been struggling for a long time.”

Someone has to grow all that weed, Di Croce knows, and he’d like a lot of it grown in Shamong. Because marijuana is illegal at the federal level, it can’t be transported across state lines. So Di Croce sees the potential.

Yet who will be able to grow cannabis, how and where, is still anyone’s guess since laws need to be crafted to tackle a host of issues surrounding legalization. Added to that are broader questions like whether a community that prides itself on being family friendly will want to offer apple picking next to a pot farm.

State Senator-elect Roland Gutierrez of San Antonio has pre-filed a bill that would legalize cannabis.

The Democrat who ousted Republican Pete Flores in the State Senate District 19 race last week made the legalization of marijuana for medical and adult recreation use one of his campaign platforms.  Gutierrez says  it would result in an estimated $3.2 billion in state revenue and create 30,000 jobs.

“There is going to be a budget shortfall to affect all Texans next legislative session, however, I look forward to working with my colleagues to offer a real solution,” Gutierrez said. “Our state’s economic future is uncertain and in order to best serve our state, we have to look at cannabis legalization as a solution and not keep going back to the taxpayers and raise their taxes.”

He notes that marijuana is legalized, either for medicinal or adult recreational use, in 3 dozen states.

“We’ve interview Texas mothers who are living with their autistic children in Colorado because cannabis helps control seizures,” Gutierrez told KTSA News.

The presidential election is over. While the central concern of the election was to reclaim America from the clutches of Donald Trump, addressing the pandemic that killed more than 230,000 Americans, passing some version of the COVID-19 relief bill that Senate Republicans have been holding hostage, protecting abortion and LGBTQ rights from the now-stacked Republican Supreme Court, as well as a host of other urgent issues, the legal status of marijuana is also at stake. While the Democratic platform calls for the federal descheduling and decriminalization of marijuana, the Republican platform called for more of the same—which means more mass incarcerations and a “tough on crime” stance for petty drug possession charges.

What Joe Biden Promises

During the primary race, the Shepherd Express repeatedly pointed out that Joe Biden was the only Democratic candidate who refused to consider the full legalization of marijuana, a stance that has now been adopted by the entire party since Biden became the nominee. However, despite being one of the more conservative candidates on the roster, Joe Biden made one key promise: “Nobody should be in jail simply for smoking or possessing marijuana.”

During the last presidential debate, President Donald Trump didn’t hesitate to point out Joe Biden’s record as a Senator, accusing him of partially causing America’s mass incarceration problem. Surprisingly, given that it came from the mouth of the president who told a record-breaking 20,000 recorded lies before the end of his first term, this is actually true—somewhat. While Trump simply repeated the words “your Crime Bill” in-between some drivel about being better than any president since Abraham Lincoln, there is a nugget of truth here. Joe Biden is credited with writing the Violent Crime Control and Law Enforcement Act of 1994, commonly known as the 1994 Crime Bill, a core component of the War on Drugs to this day, which led to the incarceration of countless innocent people for possession of recreational drugs.

What matters now, a quarter-century later, is that Joe Biden publicly denounced his own record. “It was a mistake,” he said of his Crime Bill during the debate, on live television in front of 63 million Americans. “We passed 100%. All 100 senators voted for it. It was a mistake. I have been trying to change it since then, particularly the portion on cocaine,” he added. “I’ve been arguing that, in fact, we should not send anyone to jail for a pure drug offense, they should be going into treatment. [...] It was a mistake to pass those laws relating to drugs.”

Beyond recognizing the error of his past actions, which made him the only man to do such a thing on the debate stage, Joe Biden also put forth ideas for a solution: “There should be no minimum mandatory [sentences] in the law. I am offering $20 billion to states to change their state laws to eliminate minimum mandatories and set up drug courts. No one should be going to jail because they have a drug problem. They should be going to rehabilitation, not to jail. We should fundamentally change the system, and that’s what I’m going to do.”

While we were watching other elections, voters in South Dakota legalized marijuana.

What will that mean for Minnesota?

In Rock County, Minn., close to the South Dakota border, bemused officials took in the news.

“It was a shocker,” said Rock County Sheriff Evan Verbrugge. “I think everybody in this area was really surprised that South Dakota voted this way before Minnesota.”

That’s pot politics. Lots of issues split along partisan lines — blue against red, liberal against conservative, us against them — but not marijuana. Never marijuana.