Marijuana Regulators Target Home Cultivation

marijuana_seedlingSince its founding, NORML has advocated that statewide legalization efforts – whether through a ballot initiative or using the legislative process – should ideally include provisions that permit and protect the act of home cultivation by marijuana consumers. This advocacy has resulted in more than 16 states now allowing home cultivation, including in six of the eight voter-initiated measures passed in 2016.

But although there has been a tremendous amount of progress on this issue, it appears that home cultivation is now at risk in several municipalities across Colorado and California. Local and state lawmakers in both jurisdictions are revisiting the issue and are moving toward unnecessarily limiting adult’s home cultivation rights.

Most recently, representatives with Denver’s Office of Marijuana Policy revealed a plan to, “limit unlicensed recreational and medical grows in private residences,” throughout the city of Denver. This decision came after months of closed-door meetings between regulators and leading marijuana industry interests such as the Marijuana Industry Group (MIG); which together, form what’s being called the, “Non-Licensed Marijuana Grows Inspection Team.

personal_cultivationAlthough there has been little to no mention of specific details regarding this proposed program, many are anticipating the new regulations to resemble those that have come under fire in Indian Wells, California. In that city, lawmakers are pushing for regulations mandating that anyone who wishes to cultivate marijuana in their home must purchase an annual permit and must also allow inspectors into their residence. This amounts to an absolutely unnecessary burden for responsible, law-abiding citizens.

In recent days, Denver NORML became inundated with emails, messages and comments on social media demanding a response to what many believe is a blatant overreach by city government officials. In response, members of Denver NORML, led by Executive Director, Jordan Person, began mobilizing volunteers to contact members of the Denver City Council with the goal of defending the rights and privacy of marijuana consumers in the city of Denver.

“With all of the uncertainty we are expecting in 2017 at both the local and state level our goal at Denver NORML is to help maintain our rights as residents of Colorado to grow in our homes,” said Person. “We will keep our members and supporters informed and part of the conversation as it happens.”

While it’s obvious that there’s a tremendous amount of work that goes into regulating Colorado’s legal marijuana industry, most marijuana consumers would never support any effort that would attempt to bring similar regulations into the privacy of their homes. Not to mention the fact that the creation of a task force or any other bureaucratic process to approve and/or oversee the cultivation of marijuana in a private residence amounts to a severe misuse of tax dollars and violation of privacy when those limited resources could be dedicated to combating actual problems in our communities.

marijuana_growerWithout providing any data points related to the correlation between home cultivation and out-of-state diversion, those advocating for tighter regulations deserve to fail in their attempt to convince marijuana consumers that allowing regular visits from government officials in their homes is a good idea. Adults who brew their own beer are not subject to inspections by the state and neither should those who choose to grow personal use quantities of marijuana. Furthermore, criminalizing the personal cultivation of marijuana is an arbitrary prohibition that has absolutely no basis in public safety. Therefore NORML will continue to support the right of individuals to grow their own marijuana as an alternative to purchasing it from licensed commercial producers.

To join the fight to protect home cultivation, check out NORML’s action page by visiting http://norml.org/act or for more information, please email Chapters@NORML.org.

Humboldt County Cup Forced to Move by Police

HumboldtFor marijuana activists in states with legal marijuana, the strategy quickly moves from legalization to normalization, but for some communities like Ferndale, California, the stigma remains. For months, organizers of the Humboldt County Cup and the Ferndale Police Department have gone back and forth over the decision to host their event at the Humboldt County Fairgrounds. Citing past complaints from the community and concerns about the reggae music that was to be played during the event, local law enforcement never specified what laws, if any, would be violated.

“Smith-Caggiano — who is the executive director of the Humboldt County chapter of the National Organization for the Reform of Marijuana Laws — said the Ferndale Police Department never cited any legal codes to back up their concerns despite requests for them to do so.”

Regardless of receiving approval from the Humboldt County Fair Association, Mr. Smith-Caggiano was ultimately forced by the Ferndale Police Department to move the event location to the Mateel Community Center, located at 59 Rusk Lane, Redway, California 95560.

Read more here: http://www.thecannifornian.com/cannabis-culture/cannabis-events/humboldt-county-pot-fest-moved-downsized-police-concerns/

California: Victims of Inconsistent Marijuana Laws

fifty_dollar_fineNow that 29 states have legalized medical marijuana, eight have legalized adult-use, and several others are considering legislation to legalize either adult-use or medical marijuana during the 2017 legislative session, it’s obvious that the end of marijuana prohibition is near. But that doesn’t mean the ongoing conflict between local, state and federal laws has become any less confusing.

Unfortunately for Ted Hicks and Ryan Mears, two marijuana farmers from Sacramento, California, this confusion lead to a military style raid and both men being charged with illegally cultivating marijuana, a misdemeanor, and conspiracy for planning “to commit sales of marijuana,” a felony.

“I told my 2-year-old son to stay upstairs,” said Mears, 35. “When I opened the security door, there were 15 cops with assault rifles drawn, pointed, with their fingers on the trigger, in vests, ski masks. They grabbed me and pulled me out front, put me in handcuffs. There were 20 to 30 officers. My son walked downstairs and my wife had to grab him. They had guns pulled on them. It was real painful.”

Regardless of spending several months working with local regulators to establish what they thought was the legal framework for their business, Big Red Farms, and being considered “shinning stars” for their diligence related to local licensing, Hicks and Mears found themselves at the business end of automatic weapons. A clear sign that they had become victims of the patchwork of marijuana laws adopted by local and state officials across California prior to the passage of Proposition 64.

If found guilty, both men could face up to one year in jail, and pay thousands of dollars in fines and court costs.

Read more »

California Legalizes Recreational Marijuana

According to the Associated Pressvoters in California have approved Proposition 64, the Adult Use of Marijuana Act. The AP’s final vote count is 56 to 44 percent.

“What California voters did tonight was not just approve the legalization and regulation of marijuana in their state, they also delivered a near fatal body blow to federal prohibition. This victory in California ensures another 12% of the United States population will wake up tomorrow in a state with the legalized adult use of marijuana. Combined with our other recent victories, federal prohibition is truly on its last legs and it is just a matter of time before federal policy is reformed to accept this new reality.” said Erik Altieri, NORML’s new Executive Director.

California Legalized Marijuana

Proposition 64, The Adult Use Marijuana Act, permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrates) while also licensing commercial cannabis production and retail sales. (Medical cannabis patients are not subject to these limits.) The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative does not “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” Several other marijuana-related activities not legalized by the measure are reduced from felonies to misdemeanors. The law also provides for resentencing consideration for those found guilty of prior marijuana convictions.

“California has long been the largest domestic producer of marijuana in the United States, and cannabis commerce has long been a driver of the world’s sixth largest economy,” said NORML Deputy Director Paul Armentano. “Passage of Prop. 64 brings this massive underground market above ground for the first time so that these activities may be regulated and transparent, and will generate over a billion dollars of needed new tax revenue to state and local governments.”

The revised marijuana penalties take effect on November 9, 2016. Retail sales of marijuana by state-licensed establishments are scheduled to begin under the law on January 1, 2018. On site consumption is permitted under the law in establishments licensed for such activity. Large-scale corporate players are restricted from becoming involved until 2023.

You can read the full text of the initiative here. Congratulations California!

Latest Polling Information for the 2016 Marijuana Related Ballot Proposals

take_actionIn less than five days, nine states will be voting on marijuana related ballot proposals potentially doubling the number of states that allow the recreational use of marijuana and expanding the therapeutic benefits of marijuana use to millions of Americans. Here’s where these measures stand in the latest polls.

Arizona: According to an October Arizona Republic/Morrison/Cronkite poll, 50 percent of registered voters in Arizona favor Proposition 205 and 42 percent oppose it. The Regulation and Taxation of Marijuana Act allows adults twenty-one years of age and older to possess and to privately consume and grow limited amounts of marijuana (up to one ounce of marijuana flower, up to five grams of marijuana concentrate, and/or the harvest from up to six plants); it creates a system in which licensed businesses can produce and sell marijuana; establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana; and provides local governments with the authority to regulate and limit marijuana businesses.

AUMACalifornia: Arguably one of, if not the most important state this election to consider legalizing and regulating the adult use of marijuana is the golden state. Passage of the Proposition 64 would permit adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”

According to recent October polling by Survey USA, 54 percent of likely voters support Proposition 64 and the measure “now appears positioned to become law.” For more information on the ballot proposal, please visit the AUMA website.

Florida: Voters in Florida are getting their second chance at passing an expansive medical marijuana law this election day. In 2014, 58 percent of voters approved Amendment 2, however because state law requires a super-majority (60 percent of the vote) for constitutional amendments to pass, the amendment was narrowly rejected. It looks like this election will have different results though, with 71 percent of Floridians saying they will vote ‘yes’ on Amendment 2 according to an October poll by Saint Leo University. Passage of Amendment 2 would permit qualified patients to possess and obtain cannabis from state-licensed facilities.

Maine: Hoping to bring legal recreational marijuana use for adults to the east coast, Maine is another exciting state to watch in the upcoming election. If enacted by voters in November, Question 1 or the Campaign to Regulate Marijuana Like Alcohol Act would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use. The measure would also establish licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent sales tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.

Among likely voters, support for Question 1 leads by a margin of 50 percent to 41 percent, according to an October UNH Survey Center poll.

cannabis_pillsMontana: Voters in Montana are also faced with an important marijuana related ballot decision this election day with Initiative 182. I-182 expands the state’s medical cannabis law by repealing the limit of three patients for each licensed provider, and by allowing providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. I-182 removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state. However, the measure is presently trailing in the polls. According to an October poll, commissioned by Lee Newspapers, 44 percent of voters approve of the measure while 51 percent are against it.

Nevada: Nevadans will also be facing the decision on whether or not to legalize the adult use and regulation of marijuana on Tuesday. Question 2, if passed, would permit adults to possess and grow personal use quantities of cannabis (up to one ounce and/or six plants) for non-commercial purposes. The measure also regulates and taxes the commercial production and retail sale of cannabis. It states, “The People of the State of Nevada find and declare that the use of marijuana should be legal for persons 21 years of age or older, and its cultivation and sale should be regulated similar to other businesses.” According to an October poll commissioned by the Las Vegas Review-Journal, voters favor the measure by a margin of 47 percent to 43 percent.

Massachusetts voters appear poised to enact Question 4, which allows adults 21 years of age and older to possess up to one ounce of marijuana outside of their residences and up to 10 ounces of marijuana in an enclosed, locked space within their residences. A just-released Western New England University Polling Institute survey finds the measure leading 61 percent to 34 percent.

Recent polling from Arkansas finds voters narrowly approving Issue 6 to regulate the use of medicinal marijuana by qualified patients, while no current polling is available regarding the passage of a similar measure in North Dakota.

For a summary on all pending ballot proposals, as well as to see the latest videos from each of the campaigns, visit our Election 2016 page.

Do you have election night plans? If you want to follow all of the marijuana ballot proposals being voted on check back in with us on our homepage Tuesday evening where we will be LIVE updating the results as they come in! We’ve teamed up with our friends over at cannabisradio.com to stream their live election night coverage as well and we hope you’ll join us!

Adult Use Ballot Initiatives Leading In Latest Polls

Legalize marijuanaVoters favor legalizing the adult use of cannabis in the five states where the issue will appear on the ballot this Election Day. Here is a summary of the latest polling data.

ARIZONA: Half of Arizona voters intend to vote ‘yes’ in favor of Proposition 205: The Arizona Legalization and Regulation of Marijuana Act, according to an Arizona Republic/Morrison/Cronkite News poll. Forty percent of voters oppose the initiative. The Act allows adults age 21 and older to possess and to privately consume and grow limited amounts of marijuana (up to one ounce of marijuana flower, up to five grams of marijuana concentrate, and/or the harvest from up to six plants) and provides regulations for a retail cannabis marketplace.

CALIFORNIA: Numerous polls show strong support among Californians for Proposition 64: The Adult Use of Marijuana Act. In recent weeks, polling data compiled by the Public Policy Institute of California and the California Field Poll show the measure leading among voters by some 30 percentage points. Proposition 64 permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”

MAINE: Fifty-three percent of voters support Question 1: The Marijuana Legalization Act, according to a September UNH Survey Center poll. Only 38 percent of respondents oppose it. The Act authorizes adults to obtain up to two and one-half ounces of cannabis from licensed facilities. Adults can also cultivate up to six plants and possess the harvest from those plants.

MASSACHUSETTS: Voters back Question 4: The Regulation and Taxation of Marijuana Act by a margin of 53 percent to 40 percent, according to polling data released last week by WBZ-TV. The ballot measure permits adults to possess up to 10 ounces of cannabis and to grow up to six plants for non-commercial purposes. The measure also establishes regulations overseeing the commercial production and sale of the plant.

NEVADA: Question 2: The Nevada Marijuana Legalization Initiative leads among Nevada voters by a margin of 57 percent to 33 percent, according to Suffolk University polling data released last week. The initiative states, “The People of the State of Nevada find and declare that the use of marijuana should be legal for persons 21 years of age or older, and its cultivation and sale should be regulated similar to other businesses.”

For more information about these and other pending ballot initiatives, please see NORML’s Election 2016 page here.

NORML’s Legislative Round Up September 30, 2016

take_actionNORML released our updated and revised 2016 Congressional Scorecard this week in conjunction with National Voter Registration Day. The Scorecard is an all-encompassing database that assigns a letter grade ‘A’ through ‘F’ to members of Congress based on their marijuana-related comments and voting records.

With the 2016 presidential election drawing closer and statewide marijuana initiatives qualified for the ballot in nine states, we need YOU to make it out to the polls to support ending cannabis prohibition. Double-check your status as a voter and encourage your friends and family to do the same. Take a look at how we graded your members of Congress and bring that information with you to the polls on Election Day!

Federal: Members of Congress have approved a short-term spending bill that keeps in place existing provisions protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. The amendment, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” Federal lawmakers will revisit the FY 2017 spending appropriation after the Election.

State:

California: On Tuesday, the California Nurses Association/National Nurses United, the nation’s largest state organization of nurses, announced that it has endorsed Proposition 64, the Adult Use of Marijuana Act.

Deborah Burger, President of the California Nurses Association/NNU said, “California Nurses believe strongly that the prohibition and criminalization of marijuana has ruined generations of lives, wasted hundreds of millions of taxpayer of dollars and failed to protect the public health and safety. California needs a new approach and Proposition 64 is carefully crafted to strictly regulate adult-use marijuana while funding critical youth programs and safeguarding children, workers and local communities.”
Proposition 64 permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”

The California Nurses Association joins the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the California League of Conservative Voters, Equality California, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML in its support for Proposition 64.

Maine: Polling data compiled by the University of New Hampshire finds that likely voters support Question 1, the Marijuana Legalization Act, by a margin of 53 percent to 38 percent.

If enacted by voters in November, Question 1 would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use. The measure would also establish licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent sales tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.

Massachusetts: A new WBZ-TV/UMass Amherst poll finds that a majority of voters back Question 4: The Regulation and Taxation of Marijuana Act. The measure leads in the poll by a 53 percent to 40 percent margin.

If enacted, Question 4 allows adults 21 years of age and older to possess up to one ounce of marijuana outside of their residences and up to 10 ounces of marijuana in an enclosed, locked space within their residences, which mimics the current in-residence allowance established by the Massachusetts Department of Public Health for medical marijuana patients. It allows adults 21 years of age and older to grow up to six marijuana plants in an enclosed, locked space within their residences and possess the marijuana produced by those plants in the location where it was grown.

Tennessee: Members of the Memphis City Council are following in the footsteps of the Nashville Metro Council by approving a local ordinance to provide local police the discretion to issue $50 citations for those who possess up to a half-ounce of marijuana. Under state law, the possession of small amounts of cannabis is classified as a criminal misdemeanor, punishable by up to one year in jail and a criminal record. Council members approved the ordinance last week in it’s second reading, with the third and final reading taking place October 4th. If you live in Memphis, consider contacting your member of City Council to urge their support for this common sense measure.

NORML’s Legislative Round Up September 23rd, 2016

thumbs_upNext Tuesday is National Voter Registration Day and NORML will be releasing an updated and revised 2016 Congressional Scorecard. The Scorecard is an all-encompassing database that assigns a letter grade ‘A’ through ‘F’ to members of Congress based on their marijuana-related comments and voting records.

With the 2016 presidential election drawing closer and statewide marijuana initiatives qualified for the ballot in nine states, we need YOU to make it out to the polls to support ending cannabis prohibition. Join us in celebrating National Voter Registration Day next Tuesday by double-checking your status as a voter and encouraging your friends and family to do the same. Take a look at how we graded your members of Congress and bring that information with you to the polls on Election Day!

State:

California: Sixty percent of likely voters say they would vote for Proposition 64: the Adult Use of Marijuana Act according to the latest poll out of the Public Policy Institute of California (PPIC). Only 36 percent of voters said they are against the pending ballot initiative.

A just-released California Field poll similarly finds that likely voters back Prop. 64 by a margin of 60 percent to 31 percent.

Proposition 64 permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”

The ballot measure is endorsed by the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the California League of Conservative Voters, Equality California, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML.

pills_v_potMichigan: Governor Rick Snyder has signed a package of legislation into law regulating the retail sale of medical cannabis and cannabis-infused products. The measures are ordered to take immediate effect.

The measures seek to clarify and expand various aspects of the state’s 2008 medical cannabis law. Specifically, the new law provides qualified patients for the first time with legal protections regarding the possession and use of non-smoked cannabis derived topical products and edibles, as well as cannabis-based extract products. The law also licenses and regulates facilities where state-qualified patients may legally obtain medical marijuana.

Michigan was one of the only medical marijuana states in the country that had yet to regulate the dispensing of medicinal cannabis. About 210,000 residents are now registered in the state’s medical program.

Missouri: Voters will not have the opportunity this November to decide on a proposed statewide proposition to permit the physician-supervised use of marijuana.

A Cole County Circuit Judge this week upheld a decision by St. Louis election officials to disqualify thousands of petition signatures because voters had mistakenly signed forms indicating that they resided in a county other than where they lived.

The measure, sponsored by New Approach Missouri, sought to authorize qualified patients to possess, cultivate, and/or obtain cannabis through a licensed system of dispensaries. Polling indicated that over 60 percent of voters backed the proposal. On Thursday, Secretary of State Jason Kander called on lawmakers to move swiftly to enact similar legislation.

Voters in Arkansas, Florida, Montana, and North Dakota will vote on medical use measures on Election Day. Voters in Arizona, California, Maine, Massachusetts, and Nevada will also vote this November on initiatives legalizing the adult use of marijuana. A summary of 2016 ballot measures and their status is online here.

Legalize marijuanaNew Jersey: New legislation has been introduced for the 2016/2017 legislative session that seeks to regulate the adult use and retail sale of marijuana.

Assembly Bill 4193 permits marijuana to be sold at convenience stores to adults aged 19 and older in unlimited amounts. The legislation also seeks to expunge the criminal records of past marijuana offenders. Says the bill’s sponsor, Assembly member Michael Patrick Carroll: “To me it’s just not a big deal. It’s already ubiquitous. Anybody who thinks this is somehow going to increase the availability of marijuana has never been 19. If that’s the case, then what’s the big deal about having it available at the local 7-Eleven?”

Separate legislation to legalize adult marijuana possession, A 2068, is also pending before the legislature. #TakeAction

Tennessee: Members of the Nashville Metro Council have given final approval to municipal legislation providing police the discretion to cite rather than arrest minor marijuana offenders.

Council members voted 35 to 3 in favor of the new ordinance. It provides police the option of issuing $50 citations for those who possess up to a half-ounce of marijuana. Under state law, the possession of small amounts of cannabis is classified as a criminal misdemeanor, punishable by up to one year in jail and a criminal record.

The legislation now awaits action from the city’s mayor, who has pledged to sign the bill into law. A similar measure is awaiting a final city council vote in Memphis, Tennessee.

Washington D.C.: District Mayor Muriel Bowser announced this week that she will propose amending the city’s medical cannabis law so that qualified patients may obtain up to four ounces of cannabis per month. Under existing law, patients are limited to no more than two ounces per month. The Washington D.C. currently has about 4,000 registered medical marijuana patients.

Looking for updated information on all of the pending statewide marijuana related ballot measures? Check out our 2016 Election page!

Poll: Record Percentage Of Californians Backing Adult Use Initiative

AUMAMore than seven in ten Californians say that they favor voting ‘yes’ on 4: the Adult Use of Marijuana Act, according to polling data compiled by the CALSPEAKS Opinion Research Center at Sacramento State.

Seventy-one percent of respondents say that they are leaning toward voting in favor of the statewide initiative. Public support is strongest among those between the ages of 18 and 34 (84 percent) Latinos (81 percent), Democrats (80 percent), those between the ages of 50 and 64 (74 percent), and Independents (72 percent).

The poll’s margin of error is +/- four percentage points.

Polling data compiled last month by by the Institute of Government Studies at the University of California, Berkeley reported that 64 percent of California voters believe, “Marijuana should be legal for adults to purchase and use recreationally, with government regulations similar to the regulation of alcohol.”

Proposition 64 permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” Proposition 64 is endorsed by the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML.

Similar adult use measures will also appear on the ballot this November in Arizona, Maine, Massachusetts, and Nevada.

A summary of 2016 statewide ballot measures and their status is online here.

Poll: Two-Thirds Of Californians Support Legalizing Retail Sales Of Marijuana To Adults

Legalize marijuanaApproximately two in three California voters support the establishment of a state-regulated retail market for the sale of marijuana to adults, according to polling data compiled by the Institute of Government Studies at the University of California, Berkeley.

Sixty-four percent of respondents agree, “Marijuana should be legal for adults to purchase and use recreationally, with government regulations similar to the regulation of alcohol.”

Support is strongest among those between the ages 18 to 24 (75 percent), Democrats (74 percent), African Americans (72 percent), those between the ages of 25 to 34 (71 percent), and Latino voters (69 percent). Among voters over 65 years of age, 58 percent back legalization.

The polling data bodes well for the passage of California’s Proposition 64 this November. The statewide initiative permit adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” Proposition 64 is endorsed by the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML.

Voters in Arizona, Maine, Massachusetts, and Nevada will similarly decide on adult use measures in November. Voters in Arkansas, Florida, Missouri, Montana, and North Dakota are expected to also decide on medical use measures this fall.

A summary of 2016 statewide ballot measures and their status is online here.

2016 Marijuana-Related Statewide Ballot Proposals

ballot_box_leafWe’ve said it before and we’ll say it again: 2016 is set to be a monumental year for marijuana law reform. There are currently nine pending ballot initiatives to either legalize adult marijuana use or to legalize the use of medical marijuana for qualifying medical conditions. The country could double the number of states that allow the recreational use of marijuana and could potentially expand the therapeutic benefits of marijuana use to millions of Americans come November.

Find below a summary of each of these pending initiatives, links to the campaign websites and to the initiative texts so you can be an informed voter this November. (A Michigan social use initiative effort is in litigation and is not included in the summary below.)

Arizona
Name: Arizona Regulation and Taxation of Marijuana Act
Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
Proponents: The Campaign to Regulate Marijuana Like Alcohol (Marijuana Policy Project)
Website: Regulate Marijuana Like AlcoholInitiative Language
Summary: The Regulation and Taxation of Marijuana Act allows adults twenty-one years of age and older to possess and to privately consume and grow limited amounts of marijuana; it creates a system in which licensed businesses can produce and sell marijuana; establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana; and provides local governments with the authority to regulate and limit marijuana businesses.


Arkansas
Name: The 2016 Arkansas Medical Cannabis Act
Ballot Number: N/A
Proponents: Arkansans for Compassionate Care
Website: The Arkansas Medical Cannabis ActInitiative Language
Summary: The 2016 Arkansas Medical Cannabis Act establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to obtain a ‘hardship certificate’ in order to cultivate their own medicine at home. A similar initiative narrowly failed in the state in 2012, garnering over 48 percent of the vote.


California
Name: Adult Use of Marijuana Act
Ballot Number: Proposition 64
Proponents: Let’s Get It Right CA
Website: Yes on Prop 64Initiative Language
Summary: Passage of the measure would permit adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” The AUMA is endorsed by the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML. Sixty percent of likely California voters say that they intend to vote for the initiative this fall, according to a February 2016 Probolsky Research poll.


Florida
Name: Use of Marijuana For Debilitating Conditions
Ballot Number: Amendment 2
Proponents: United For Care
Website: United For CareInitiative Language
Summary: Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities. According to a recent statewide poll, 68 percent of Florida voters say that they support the passage of the amendment. According to Florida law, 60 percent of voters must approve a constitutional amendment in order for it to become law. In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.


Maine
Name: Marijuana Legalization Act
Ballot Number: Question 1
Proponents: Campaign to Regulate Marijuana Like Alcohol
Website: Regulate MaineInitiative Language
Summary: If enacted by voters in November, the measure would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use. The measure would also establish licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent sales tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.


Massachusetts
Name: Marijuana Legalization Initiative
Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
Proponents: The Campaign to Regulate Marijuana Like Alcohol in Massachusetts
Website: Regulate Marijuana Like AlcoholInitiative Language
Summary: The initiative allows adults 21 years of age and older to possess up to one ounce of marijuana outside of their residences and up to 10 ounces of marijuana in an enclosed, locked space within their residences, which mimics the current in-residence allowance established by the Massachusetts Department of Public Health for medical marijuana patients. It allows adults 21 years of age and older to grow up to six marijuana plants in an enclosed, locked space within their residences and possess the marijuana produced by those plants in the location where it was grown.


Missouri
Name: New Approach Missouri
Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
Proponents: New Approach Missouri
Website: New Approach MissouriInitiative Language
Summary: The initiative creates a statewide system for production and sale of medical cannabis and medical cannabis products. It also provides for limited and regulated patient cultivation. The initiative levies a four percent retail tax, and all revenue in excess of the cost of regulating the medical cannabis program will go to help Missouri’s veterans. The initiative maintains the current prohibition on public use and driving under the influence. It also allows the Department of Health and Senior Services to institute a seed-to-sale tracking system to ensure that the product and money do not reach the illicit market. The initiative puts the Missouri Department of Health and Senior Services in charge of licensing and implementation, but also allows the department to contract with other state agencies when necessary for effective and efficient regulation. Sixty-two percent of registered voters voice support for the measure, according to survey data compiled by Public Policy Polling.


Montana
Name: Montana Medical Marijuana Initiative
Ballot Number: I-182
Proponents: Montana Citizens for I-182
Website: YesOn182Initiative Language
Summary: I-182 repeals the limit of three patients for each licensed provider, and allows providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. I-182 removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state.


Nevada
Name: Nevada Marijuana Legalization Initiative
Ballot Number: Question 2
Proponents: Coalition to Regulate Marijuana Like Alcohol in Nevada
Website: Regulate Marijuana Like Alcohol in NevadaInitiative Language
Summary: The ballot language permits adults to possess and grow personal use quantities of cannabis (up to one ounce and/or six plants) for non-commercial purposes. The measure also regulates and taxes the commercial production and retail sale of cannabis. It states, “The People of the State of Nevada find and declare that the use of marijuana should be legal for persons 21 years of age or older, and its cultivation and sale should be regulated similar to other businesses.”

California: Supreme Court Upholds Authority Of Cities To Prohibit Medical Marijuana Facilities

The California Supreme Court ruled today that municipalities possess the legal authority to prohibit the establishment of medical cannabis dispensaries.

The unanimous ruling upheld a 4th District Court of Appeals opinion (City of Riverside v. Inland Empire Patients’ Health and Wellness Center, Inc.) which held that local zoning measures banning the establishment of brick-and-mortar facilities that engage in the distribution of cannabis to state-authorized persons are not preempted by state law. Other lower courts had ruled against such local bans, arguing that cities can’t use zoning laws to bar activity legal under state law.

It is estimated that some 200 California cities presently impose moratoriums on medicinal cannabis facilities. At least 50 municipalities have enacted local regulations licensing dispensaries.

Opined the Court:

“We have consistently maintained that the CUA (the California Compassionate Use Act aka Proposition 215) and the MMP (the Medical Marijuana program Act) are but incremental steps toward freer access to medical marijuana, and the scope of these statutes is limited and circumscribed. They merely declare that the conduct they describe cannot lead to arrest or conviction, or be abated as a nuisance, as violations of enumerated provisions of the Health and Safety Code. Nothing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land, including the authority to provide that facilities for the distribution of medical marijuana will not be permitted to operate within its borders.”

Although language included in Proposition 215 explicitly called for the state government “to implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana,” to date, lawmakers have failed to enact any specific statewide regulations regarding the retail production and distribution of cannabis to those patients authorized to consume it.

Commenting on the ruling, California NORML Coordinator Dale Gieringer said, “The court essentially affirmed the status quo. Local governments may choose to allow or limit dispensaries as they please. The unfortunate result of this decision is to leave many needy patients without legal access to medical marijuana in their communities, thereby promoting illegal black market suppliers. It is time for the state and federal governments to step up to the plate and fulfill the mandate of Prop 215 to implement a system of ‘safe and affordable’ access for all patients in medical need.”

Legislation is presently pending in both the California Assembly (AB 473) and Senate (SB 439) to impose statewide regulations governing the dispensing of marijuana produced for medical purposes.

Full text of the California Supreme Court’s opinion is available online here.

Representative Nancy Pelosi: I Think State Marijuana Laws Have to Be Respected; I Think Tax and Regulate

Lets Be HonestIn an interview with the Denver Post, published this week, House Minority Leader Nancy Pelosi spoke about the marijuana legalization initiatives passed in Colorado and Washington in November.

When asked, “What are the measures in Washington (DC) that might address states that legalize marijuana and what is your view of federal policy?,” Minority Leader Pelosi expressed her support of state laws regarding marijuana and encouraged a tax and regulate policy:

Q: What are the measures in Washington (DC) that might address states that have taken steps to legalize marijuana and what is your view of the federal role?

Rep. Pelosi: I support the leadership of Jared Polis, who has been a leader on this issue as well as other members..I understand some of the Republican members support the law now that is passed, even if they didn’t before.

But in any case, to answer your question, what is my position regarding the states that have medical marijuana or recreational marijuana as the law of their states: I think that has to be respected. I think tax and regulate.

In order to do that, there has to be a level of respect for the fact, that if you are going to have recreational marijuana, someone is in business to do that and they have to have tax treatment in order for them to function as a business.

How the state of Colorado interacts with the federal government on the taxation issues is something they have to work out, but I think they should.

You can view the full interview here.

Representative Pelosi now joins the growing list of prominent politicians who are coming out in support of rational marijuana policy. Take a minute of your time and click here to easily contact your Representative and urge him or her to support Representative Polis’ legislation, HR 499: The Ending Federal Marijuana Prohibition Act of 2013, and put an end to our nation’s war on cannabis consumers.

Legalize Marijuana: Medical Association in California

The California Medical Association (CMA) has come out in favor of legalizing marijuana in the state so that more research can be done to determine if strong medical benefits exist. Ana Kasparian and Jayar Jackson discuss. The Young Turks on Current TV: current.com The Largest Online New Show in the World. Google+: www.gplus.to Facebook: www.facebook.com Twitter: twitter.com Support TYT for FREE: bit.ly

Record Level of Californians Support Regulating Marijuana

According to survey data released this week by The Field Poll, a record number of Californians now support legalizing and regulating marijuana in a manner similar to alcohol.

The poll, conducted February 5-17 among 834 registered California voters, found that 54% support making the use of marijuana legal, with age and other controls like those that apply to alcohol, only 43% were opposed. This is the highest level of support for legalization since The Field Poll began asking the question. In their 2010 poll, only 50% of California voters supported legalization and 46% were opposed.

This survey also found that an overwhelming 72% of Californians support the state’s medical marijuana program and 52% favor allowing medical marijuana dispensaries to open in their town.

California narrowly rejected Proposition 19 to legalize marijuana in 2010, but clearly public opinion has continued to move in our favor since then. It is reasonable to expect that by 2016, when many believe there will be another voter initiative to legalize marijuana, support will have reached the critical mass required to approve of such a measure.

You can view the full poll results here.

Login | Register

Copyright Top Nug © All Rights Reserved · Top Nug Theme by Ame

PIXSELL8 Pixel Count Remaining