Colorado: Tax Revenue From The Legal Cannabis Industry Surpasses Half-Billion Dollars

Marijuana ScienceRevenues from Colorado’s legal cannabis industry have surpassed over a half-billion dollars since retail sales began on January 1, 2014.

According to an analysis by VS Strategies, cannabis-related taxes and fees have yielded $506,143,635 in new state revenue over the past three and one-half years. (Local tax revenue was excluded from the analysis.) Much of the revenue raised has gone to fund school construction projects, school-drop out and substance abuse prevention programs, and grant funding.

The half-billion dollar total far exceeds initial projections. Tax revenue from legal cannabis sales in Oregon and Washington have also exceeded regulators’ initial expectations. In Nevada, where retail sales to adult became legal on July 1, retailers reported over 40,000 transactions in just the first weekend.

Study: Alcohol Use, But Not Cannabis, Associated With Changes In Brain Structure

marijuana_seedlingAlcohol consumption is associated with negative changes in gray matter volume and in white matter integrity, while cannabis use is not, according to data published online ahead of print in the journal Addiction.

Investigators from the University of Colorado, Boulder and the Oregon Health & Science University evaluated neuroimaging data among adults (ages 18 to 55) and adolescents (ages 14 to 18). Authors identified an association between alcohol use and negative changes in brain structure, but identified no such association with cannabis.

“Alcohol use severity is associated with widespread lower gray matter volume and white matter integrity in adults, and with lower gray matter volume in adolescents,” they concluded. By contrast, “No associations were observed between structural measures and past 30-day cannabis use in adults or adolescents.”

Researchers acknowledged that their findings were similar to those of prior studies “suggesting that regionally specific differences between cannabis users and non-users are often inconsistent across studies and that some of the observed associations may actually be related to comorbid alcohol use.”

A 2015 brain imaging study published in The Journal of Neuroscience similarly reported that cannabis use was not positively associated with adverse changes in the brain, but that alcohol “has been unequivocally associated with deleterious effects on brain morphology and cognition in both adults and adolescents.”

Longitudinal data published in June in the British Medical Journal reported, “Alcohol consumption, even at moderate levels, is associated with adverse brain outcomes including hippocampal atrophy.”

An abstract of the study, “Structural Neuroimaging Correlates of Alcohol and Cannabis Use in Adolescents and Adults,” appears online here.

Study: Adult Use Marijuana Laws Do Not Adversely Impact Traffic Fatality Rates

thumbs_upThe enactment of statewide laws regulating the adult use and sale of cannabis is not associated with subsequent changes in traffic fatality rates, according to an analysis of traffic safety data (“Crash fatality rates after recreational marijuana legalization in Washington and Colorado”) published today in the American Journal of Public Health.

Investigators from the University of Texas-Austin evaluated crash fatality rates in Colorado and Washington pre- and post-legalization. They compared these rates to those of eight control states that had not enacted any significant changes in their marijuana laws.

“We found no significant association between recreational marijuana legalization in Washington and Colorado and subsequent changes in motor vehicle fatality rates in the first three years after recreational marijuana legalization,” author concluded.

They further reported, “[W]e also found no association between recreational marijuana legalization and total crash rates when analyzing available state-reported nonfatal crash statistics.”

Commenting on the findings, NORML Deputy Director Paul Armentano said: “These conclusions ought to be reassuring to lawmakers and those in the public who have concerns that regulating adult marijuana use may inadvertently jeopardize public safety. These results indicate that such fears have not come to fruition, and that such concerns ought not to unduly influence legislators or voters in other jurisdictions that are considering legalizing cannabis.”

A prior study published last year by the same journal reported that the enactment of medical marijuana legalization laws is associated with a reduction in traffic fatalities compared to other states, particularly among younger drivers.

Fatal accident rates have fallen significantly over the past two decades — during the same time that a majority of US states have legalized marijuana for either medical or social use. In 1996, the US National Highway Traffic Safety Administration reported that there were an estimated 37,500 fatal car crashes on US roadways. This total fell to under 30,000 by 2014.

A summary of the study appears online under ‘First Look’ on the apha.org website here.

Weekly Legislative Update 6/10/17

revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

First off, apologies to weekly readers for skipping last week’s update. We held a NORML Legal Committee seminar in Colorado about tactics to continue the fight against prohibition and protect those facing jail and other adverse ramifications of prohibition. You can watch NORML’s Executive Director give the opening welcome HERE and click here to read a write up on it in The Denver Post’s Cannabist HERE.

In the last two weeks, four pieces of legislation that we are supportive of went into law:

Colorado
Senate Bill 17 adds “stress disorders” (PTSD) to the list of debilitating conditions for which a physician may recommend cannabis.

Maryland
House Bill 379 / Senate Bill 949 went into effect May 27 to permit those who received a criminal marijuana possession conviction prior to October 1, 2014, to seek expungement of their records.

Often minor marijuana possession offenders, many of them young people, face the lifelong penalties and stigma associated with having a record, even when the state no longer considers simple possession to be a crime.

Nevada
Assembly Bill 135 eliminates statutes criminalizing the operation of a motor vehicle if a driver has detectable levels of carboxy THC in his/her urine. Carboxy-THC is an non-psychoactive waste product of THC that may be present for days or even weeks post-abstinence. It’s presence in urine is not correlated with psychomotor impairment.

While passage of AB 135 is a step in the right direction, further legislation will continue to be necessary in order to amend Nevada’s traffic safety laws in a manner that no longer inadvertently criminalize responsible adult marijuana consumers in regards to blood testing.

Vermont
SB 16 permits physicians for the first time to recommend medical marijuana to patients with post-traumatic stress, Crohn’s disease, or Parkinson’s disease. The measure also allows physicians to immediately issue medical cannabis recommendations for patients suffering from cancer, a terminal illness, or under hospice care supervision.

Unfortunately, in Montana, SB 333, was signed into law to amend the state’s medical cannabis program, I-182, which voters passed in November.

The measure establishes various rules and regulations regarding the operation of cannabis dispensaries, production facilities, and testing labs. It does not amend the expanded list of qualifying conditions enacted by I-182. However, SB 333 does impose new taxes on medical marijuana gross sales. NORML opposes taxes of medical cannabis. It also reduces the number of seedlings qualified patients are permitted to possess at home from 12 to no more than four. It also imposes limits regarding the total harvest of cannabis permitted per patient.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act 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 at the federal level.

Thanks for all you do and keep fighting,
Justin

Priority Alerts
Federal
Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the Congressional Cannabis Caucus

California
Legislation is pending, Assembly Bill 1578, to try and limit potential federal interference in the state’s marijuana regulatory laws.

The bill states, “This bill would prohibit a state or local agency, as defined, from taking certain actions without a court order signed by a judge, including using agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, or arrest a person for commercial or noncommercial marijuana or medical cannabis activity that is authorized by law in the State of California and transferring an individual to federal law enforcement authorities for purposes of marijuana enforcement.”

The majority of Californians desire a legally regulated marijuana market. Passage of this act will limit state or local agencies from working with the federal government to undermine these regulations.

Update: AB 1578 passed the Assembly on June 1 and now moves to the Senate for consideration.

CA resident? Click here to send a message to your state Senator in support of this effort. 

Louisiana
SB 35 provides explicit exemptions from arrest and prosecution for persons lawfully in possession of medical marijuana.

Presently, state regulators are finalizing rules and regulations governing its nascent medical cannabis program, which seeks to permit the production, dispensing, and use of non-herbal preparations of cannabis for qualified patients. Passage of SB 36 amends various criminal statutes to assure that those involved in the program are not inadvertently subject to criminal liability.

Specifically, it provides immunity from arrest for those enrolled in the program who engage in activities related to the purchase or transportation of medical marijuana related products or paraphernalia. It provides further legal protections for pharmacies, producers, and testing laboratories engaged in medical cannabis related activities.

Update: House members amended and passed SB 35 by a vote of 74 to 21 on June 5. Senate members approved the House changes on June 6. The reconciled bill was transmitted to the Governor.

LA resident? Click here to send a message to the Governor in support of SB 35. 

New Hampshire
After nearly a decade of frustration, 2017 is finally the year that New Hampshire voters successfully see marijuana possession decriminalized.

HB 640, will amend criminal penalties for marijuana possession is pending in the House, where lawmakers have overwhelmingly supported such efforts for eight years in a row. However, legislators this year are hopeful that, for the first time, they also have sufficient votes to also clear the Senate.

Update: The House concurred with the amended Senate bill on June 1 and the bill will soon be transmitted to the Governor.

NH resident? Click here to send a message to the Governor thanking him for his support of decriminalization. 

Rhode Island
Sponsors have announced plans to amend their legislation in a manner that would legalize the possession of up to one ounce of cannabis, effective July 1, 2018. The amended legislation would also establish an advisory committee to issue a report to the General Assembly by January 1, 2018 with recommendations regarding how best to establish a system for taxing and regulating marijuana in Rhode Island. Sen. Miller said, “We are prepared to compromise in a significant way, but there must be progress on the issue this year. Our proposal balances the will of the majority of voters who want marijuana to be legal for adults while respecting colleagues who want to slow things down and get the regulations right.”

RI resident? Click here to send a message to your elected officials in support of this effort. 

Other Actions to Take

Massachusetts
Legislation is pending before the House, H 113, to prohibit employers from discriminating against patients who legally consume marijuana during non-work hours. Additional legislation, H 2385, would expand protections for medical marijuana patients so that they may not be discriminated against with regard to housing, higher education, and child custody issues.

Changes in the legal status of marijuana has not been associated with any adverse changes in workplace safety. In fact, a pair of studies from 2016 find that legalization is associated with greater workforce participation and with fewer workplace absences. Most recently, the National Academies of Sciences just-released marijuana and health report found “insufficient evidence” to support an association between cannabis use and occupational accidents or injuries.

MA resident? Click here to send a message to your elected officials in support of this effort. 

New Hampshire
Legislation is pending in the New Hampshire House, HB 215, to establish a commission to study the legalization, regulation, and taxation of marijuana.

Police in New Hampshire arrest some 2,900 individuals annually for simple marijuana possession offenses. The continued criminalization of adult marijuana use is out-of-step with the views of New Hampshire adults, 62 percent of whom now endorse legalizing and regulating cannabis, according to a 2016 WMUR Granite State Poll.

Update: The House has adopted the Senate changes. The bill is expected to be transmitted to the Governor imminently.

NH resident? Click here to send a message to the Governor urging him to sign HB 215

Additionally, multiple bills are pending to expand the pool of patients eligible to qualify for medical marijuana therapy.

In particular, these measures would permit patients with conditions like chronic pain and post-traumatic stress to obtain legal access to marijuana.

NH resident? Click here to contact your elected officials to support patients. 

New York
A pair of bills are pending in the Senate to expand patients’ access to medical cannabis.

Senate Bill 6092 expands the pool of patients eligible for medical cannabis access to include those with Alzheimer’s disease, lupus, rheumatoid arthritis and a number of other debilitating diseases. It also removes arbitrary caps imposed on the amount of THC permitted in oral products.

Senate Bill 6308 allows for additional cannabis providers to operate in the state in order to improve patients’ access.

NY resident? Click here to send a message to your lawmakers in support of these bills. 

Rhode Island
SB 176 is currently pending in the Rhode Island Senate. It amends the state’s Medical Marijuana Act, which currently only permits three medical marijuana dispensaries to operate in the entire state, to permit regulators to license up to six total dispensaries.

In recent years, the total number of registered medical cannabis patients in Rhode Island has nearly doubled to more than 17,000 people. It is necessary for regulators to license additional dispensaries in order to keep up with this increased demand.

RI resident? Click here to send a message to your lawmakers in support of this effort. 

Safe Streets Alliance et al. v. John Hickenlooper, et al. – Good News, Bad News

C1_8734_r_xA ruling issued on June 7th by the US Court of Appeals for the Tenth Circuit, in response to a series of legal challenges to Colorado’s adult cannabis use regulations, includes both good news and bad news.

The Good News

Most importantly for the legalization movement nationwide, the appeals court rejected the argument raised by the states of Nebraska and Oklahoma that Amendment 64 in Colorado, the voter initiative that legalized and regulated the adult use of marijuana, was preempted by the federal Controlled Substances Act. That argument, made by these neighboring states, if accepted by the court, would have voided Amendment 64.

It should be noted that this was not a definitive ruling on the federal preemption argument. Rather, it was a procedural ruling, finding that only the US Supreme Court has jurisdiction to hear disputes between the states. (The Supreme Court declined to consider a similar challenge in 2016.)

In fact, it was only after the Supreme Court had rejected their motion that the two states elected to raise these same issues with the 10th Circuit, by filing a motion to intervene in the Safe Streets case.

Also a big win, the Circuit Court rejected a similar attempt by a group of sheriffs and prosecutors from Colorado, Kansas, and Nebraska to use the US Controlled Substances Act and the Supremacy Clause of the US Constitution to enjoin the enforcement of Amendment 64. The court found that the Supremacy Clause “does not give rise to a private right of action.”

Hopefully this will give pause to other anti-marijuana zealots out there who might wish to use the federal preemption argument to undermine the various state legalization laws.

The Bad News

The bad news is that the 10th Circuit did reinstate a civil RICO complaint filed by private landowners in Colorado against a state-licensed indoor cultivation center, alleging it had caused a noxious odor that damaged their property value. The appellate court remanded the case back to the US District Court for further proceedings to allow the plaintiffs to attempt to prove their RICO claims.

While this is necessarily concerning to those in the state-legal cultivation industry, since the problems presented by the odors emanating from large grow operations is a theme which has been raised in several Colorado communities, it likely does not open the floodgates for every neighbor to bring a RICO suit against any cultivation center. Rather it likely will accelerate the adoption of the most effective technology by cultivation centers to minimize the odor of marijuana.

In the court’s own words, “We are not suggesting that every private citizen purportedly aggrieved by another person, a group, or an enterprise that is manufacturing, distributing, selling, or using marijuana may pursue a claim under RICO. Nor are we implying that every person tangentially injured in his business or property by such activities has a viable RICO claim. Rather, we hold only that the Reillys alleged sufficient facts to plausibly establish the requisite elements of their claims against the Marijuana Growers here.”

Weekly Legislative Update 5/27/17

revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

Republican Gov. Phil Scott rejected legislation earlier this week, Senate Bill 22, which sought to eliminate criminal and civil penalties for the adult use and possession of marijuana. The Governor said that he did not support the legislation as written, but remains open to working with lawmakers over the summer on ways to amend the state’s cannabis policies.

In Maryland, Governor Larry Hogan has apparently chosen to not take action on legislation, House Bill 379 / Senate Bill 949 to permit those who received a criminal marijuana possession conviction prior to October 1, 2014, to seek expungement of their records, meaning the bills will go into effect.

Earlier this week, we sent out an update to our members pertaining the to status of cosponsorship to federal legislation. Click here to view it and take action. 

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act 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 at the federal level.

Thanks for all you do and keep fighting,
Justin

Priority Alerts

Federal
Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the Congressional Cannabis Caucus

Colorado
SB 192, to protect the state’s adult use marijuana industry in case of a potential federal crackdown, would permit adult use growers and sellers to instantly reclassify their recreational marijuana inventory as medical marijuana “based on a business need due to a change in local, state, or federal law or enforcement policy.” In recent weeks, officials from the Trump administration have indicated that they may consider taking action against recreational marijuana providers, but that they will not likely move against state-licensed medical marijuana providers.

Update: S. 192 passed the Senate on May 9 and was transmitted to Governor Hickenlooper on May 18. The bill now awaits his signature or veto.

CO resident? Click here to send a message to the Governor urging his signature. 

New Hampshire
Legislation is pending in New Hampshire, HB 215, to establish a commission to study the legalization, regulation, and taxation of marijuana.

Police in New Hampshire arrest some 2,900 individuals annually for simple marijuana possession offenses. The continued criminalization of adult marijuana use is out-of-step with the views of New Hampshire adults, 62 percent of whom now endorse legalizing and regulating cannabis, according to a 2016 WMUR Granite State Poll.

Update: The bill received a favorable Senate committee report on May 25.

NH resident? Click here to send a message to your state Senator to support the bill. 

Minnesota
HF 2714, to amend the Minnesota Constitution to regulate the adult use, cultivation, production, and retail sale of marijuana was introduced May 20.

Earlier in the year, Deputy Minority Leader, State Rep. Jon Applebaum introduced additional legislation, HF 927, to permit the adult use, cultivation, production, and retail sale of marijuana has been introduced in the Minnesota House. Rep Applebaum said in support of his House bill, “The world is changing, and Minnesotans are rightfully developing different attitudes on marijuana. Other states’ successes, along with the failed prohibition attempts of others, have validated the need for a statewide conversation on legalizing the personal, recreational use of marijuana.”

MN resident? Click here to send your lawmakers a message in support of these efforts.

Texas
House Concurrent Resolution (HRC) 149 – Legislation proposed by Texas House Representative Eddie Lucio, III requests that the Lieutenant Governor and the Speaker of the House of Representatives create a joint interim committee to study the feasibility of medical cannabis in Texas. While an HRC is not required to hold an interim committee study, passing this Concurrent Resolution will ensure that the study takes place.

TX resident? Send a message to your lawmakers in support of HRC 149. 

 

Social Consumption of Marijuana off to a Slow Start in Colorado

14963351_1825384024368232_2740677872685265191_nCurrently marijuana is legal to purchase, possess and consume in the state of Colorado, but the question is: Where can it be legally consumed? Well, if you happen to be in the city of Denver (or most anywhere else in Colorado) the answer is very simple: marijuana can only be legally consumed in a private residence. But what if your landlord won’t allow it or you are one of the thousands of tourists who regularly visits our great city? It appears that we’ll have to continue to wait for state lawmakers to answer that question.

Denver Moves Forward with Social Consumption

Last November, Denver voters passed I-300; a social use initiative that approved the commingling of marijuana and alcohol in bars and restaurants across Denver. Obviously a much different approach when compared to Denver NORML’s Responsible Use Campaign and something the State of Colorado disagreed with. In response, the State of Colorado adopted language making it clear that liquor licenses would not be allowed to permit the consumption of marijuana on their premises. According to the Denver Post, this change went into effect on January 1st of this year and vastly changed the intent of I-300.

“We all want adult consumption everywhere, but this is reality,” said Judd Golden, Legal Counsel for Denver NORML. The news of removing language that allowed the commingling of alcohol and marijuana frustrated proponents of I-300 so a lawsuit was filed against the State of Colorado to push the issue.

thumbs_up

Kevin Mahmalji, outreach director for NORML shared his thoughts on combining the two substances. “As it currently stands, we can easily make the argument that marijuana is safer than alcohol, because the two are separated. If we allow the two to be mixed, any incident fueled by alcohol could potentially be blamed on marijuana. That’s why I believe responsible adults deserve their own space to consume marijuana similar to those who enjoy craft beer or cigars.”

In addition to the state’s decision to prevent the commingling of marijuana and alcohol, the City of Denver created the Social Consumption Advisory Committee that consisted of 22 influential decision makers – ranging from city officials to marijuana business owners – to go over the language line by line. The group met six times over several months and offered countless suggestions to improve the original language of I-300. Including a recommendation that would require patrons to sign a waiver before entering consumption areas. Essentially providing a layer of protections against unwanted exposure by non-consumers and those under 21 years of age. A recommendation that Denver NORML fully supports.

The 12 page document lists pages and pages of suggestions to make the law work effectively for the city of Denver. Last week the draft rules were finally posted.

Push for Social Consumption Statewide: SB-184

In addition to our work on the local level, members of Denver NORML spent a lot of time at the state Capitol educating lawmakers on social consumption and the need for a legislative solution. The result? SB-184, which would have empowered local governments to permit private marijuana clubs and better defined what “open and public” means to marijuana consumers. Once the bill was introduced, Denver NORML organized two citizen lobby days with more than 45 participants followed by months of face to face meetings with state lawmakers in support of a statewide solution.

Unfortunately during the final weeks of Colorado’s legislative session, many things with the bill began to change. Most notably, the bill’s sponsors tried to include language that would have criminalized marijuana consumption on the front porch of a private residence and aimed to exclude a newly established cannabis church from operating as a marijuana club. Thankfully the Senate and the House could not come to a consensus and the bill died in committee on the last day of the 2017 legislative session.

Until state lawmakers are willing to pass legislation that will provide a set of rules and protections for business owners and marijuana consumers to responsibly consume marijuana, Colorado municipalities will continue to struggle with this issue.

With the Denver’s Social Consumption Advisory Committee wrapping up its final meeting and Colorado’s legislative session coming to an end, there are still a lot of unanswered questions surrounding the social consumption of marijuana in Colorado.

Denver NORML will apply the lessons learned this year and with their allies, continue to push for statewide reform in the next legislative session.

For more updates on local reform efforts, follow Denver NORML by visiting their website and on Facebook and Twitter!

Weekly Legislative Update 5/6/17

revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

The biggest story this week in the marijuana world was the inclusion of the Rohrabacher-Blumenauer language (Section 537) in the omnibus spending package to prevent the Department of Justice from interfering with lawful state-regulated medical marijuana consumers and businesses.

In a signing statement by President Trump, expressed that he “will treat this provision consistently with my constitutional responsibility to take care that the laws be faithfully executed” when it comes to Section 537. The lack of clarity is disturbing and casts doubt on whether his administration and Attorney General Jeff Sessions will honor the enforcement restrictions. In the past, the courts have upheld this tactic of Congress legislating through the appropriations process, however it will ultimately take a bill to end this tension between the federal and state laws, not just temporary spending riders.

Marijuana Big Talks Speaker Lineup FINAL 5.3 copyAlso this week, Representative Jared Polis held an event in the foyer of the Rayburn House Office Building solely focused on marijuana policy. Speakers included Boulder County D.A. Stan Garnett and former Colorado NORML Executive Director Rachel Gillette.

For the whole morning, the halls of Rayburn echoed with the words of cannabis reformers declaring the need for sensible policies on marijuana ranging from the need for 280E tax reform to an end to the delusional thought that a southern boarder wall will stop the drug trade.

At the state level, this has been a very active week for marijuana reformers as additional states near the end of their legislative calendars. Progress has been made from Texas moving forward to establish a medical marijuana program to Vermont inching closer towards outright legalization. Yet with the end of the Florida legislative session, the House and Senate were unable to come to a compromise as how to implement Amendment 2 and now the rule making process will be left up to the Florida Department of Health.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act 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 at the federal level.

Thanks for all you do and keep fighting,
Justin

Priority Alerts

Federal

Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the newly created Congressional Cannabis Caucus

New Hampshire

After nearly a decade of frustration, 2017 may finally be the year that New Hampshire voters successfully see marijuana possession decriminalized.

HB 640, sponsored by 6 Republicans and 6 Democrats, will amend criminal penalties for marijuana possession is pending in the House, where lawmakers have overwhelmingly supported such efforts for eight years in a row. However, legislators this year are hopeful that, for the first time, they also have sufficient votes to also clear the Senate.

Update: Governor Chris Sununu has reiterated his support for decriminalizing marijuana.

NH resident? Click here to send a message to your lawmakers telling them to act on decriminalization this year. 

Texas

Legislation to authorize the possession, production, and distribution of medical marijuana and marijuana-infused products to qualified patients. Patients would receive cannabis through a network of private dispensaries and operators, similar to pharmacies, regulated under “strict guidelines” by the Texas Department of Public Safety.

Update: HB 2107 had a hearing on May 2 and after powerful targeted testimony, the number of cosponsors for the bill jumped from 5 to 75. Later in the week, the Texas House of Representatives Committee on Public Health approved HR 2107 on May 5 by a vote of 7-2. The bill will now be considered by the Calendars Committee to determine the date of the full House vote.

TX resident? Click here to send a message to your lawmakers and tell them to support the bill. 

Vermont

Legislation is pending, H.170, to eliminate civil and criminal penalties specific to the possession and cultivation of personal use quantities of marijuana by adults.

Update: The Senate has passed on May 5 an unrelated bill (S. 22) to include the provisions of H. 170. It maintains House approved language eliminating penalties for the possession and cultivation of personal use amounts of marijuana by July 2018, but also creates a new Marijuana Regulation Commission, to draft legislation by November 1, 2017 that “establishes a comprehensive regulatory and revenue system for an adult-use marijuana market that, when compared to the current illegal marijuana market, increases public safety and reduces harm to public health.” The commission’s bill would be ready for a vote by January 2018.

VT resident? Click here to send a message to your lawmakers and urge them to take swift action to pass the bill. 

Additional Actions to Take

Colorado

State officials in Colorado are considering legislation, SB 192, to protect the state’s adult use marijuana industry in case of a potential federal crackdown.

The bill would permit adult use growers and sellers to instantly reclassify their recreational marijuana inventory as medical marijuana “based on a business need due to a change in local, state, or federal law or enforcement policy.” In recent weeks, officials from the Trump administration have indicated that they may consider taking action against recreational marijuana providers, but that they will not likely move against state-licensed medical marijuana providers.

Update: House members approved SB 192 on May 3 by a vote of 58 to 5. Because of House amendments, the bill returns to the Senate, which must either re-approve the measure or seek reconciliation.

CO resident? Click here to contact your elected officials in support of this effort.

Louisiana

SB 35, introduced by Sen. Yvonne Colomb, provides explicit exemptions from arrest and prosecution for persons lawfully in possession of medical marijuana.

Presently, state regulators are finalizing rules and regulations governing its nascent medical cannabis program, which seeks to permit the production, dispensing, and use of non-herbal preparations of cannabis for qualified patients. Passage of SB 36 amends various criminal statutes to assure that those involved in the program are not inadvertently subject to criminal liability.

Specifically, it provides immunity from arrest for those enrolled in the program who engage in activities related to the purchase or transportation of medical marijuana related products or paraphernalia. It provides further legal protections for pharmacies, producers, and testing laboratories engaged in medical cannabis related activities.

Update: Members of the Senate Judiciary Committee voted without opposition to move SB 35 to the Senate floor.

LA resident? Click here to contact your elected officials in support of this effort.

Maine

Legislation is pending to expedite the retail sale of marijuana products to those over the age of 21.

LD 1448 and LD 1491 would permit licensed medical cannabis dispensaries the opportunity to “sell limited marijuana retail products to a person who is 21 years of age or older.”

A majority of voters in November approved an initiated measure to permit the possession, production, and retail sale of marijuana and marijuana-infused products. However, emergency legislation signed into law in January delays the implementation of regulations overseeing the commercial production and retail sale of marijuana until at least February 1, 2018.

Passage of these measures would allow dispensaries to engage in marijuana sales ahead of this date.

ME resident? Click here to contact your elected officials in support of this effort.

New Hampshire

Multiple bills are pending before lawmakers to expand the pool of patients eligible to qualify for medical marijuana therapy.

In particular, these measures would permit patients with conditions like chronic pain and post-traumatic stress to obtain legal access to marijuana.

Update: Members of the Senate Health and Human Services Committee on May 4 passed HB 160 out of Committee.

NH resident? Click here to contact your elected officials in support of this effort.

New York

Legislation is moving forward, A. 7006, to allow patients with post-traumatic stress eligible for medical cannabis therapy.

New York is one of the only states with a medical marijuana program that does not allow patients with PTSD access to medical cannabis.

Update: The New York Assembly passed A 7006 on May 2. The bill now awaits action by the Senate. Governor Andrew Cuomo says that he is open to expanding the state’s medical cannabis program to include patients with PTSD.

NY resident? Click here to urge your lawmakers to support this effort.

Vermont

If approved, SB 16 would permit physicians for the first time to recommend medical marijuana to patients with post-traumatic stress, Crohn’s disease, or Parkinson’s disease. The measure also allows physicians to immediately issue medical cannabis recommendations for patients suffering from cancer, a terminal illness, or under hospice care supervision.

Update: Members of the House gave preliminary approval SB 16 on May 1. Once a final vote is recorded, the measure will be transmitted to the Governor’s office.

VT resident? Click here to urge the Governor to sign SB 16.

ER visits related to marijuana use at a Colorado hospital quadruple after legalization

Visits by teens to a Colorado children’s hospital emergency department and its satellite urgent care centers increased rapidly after legalization of marijuana for commercialized medical and recreational use, according to new research.

Weekly Legislative Roundup 4/15/2017

revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

First off – Happy Tax Day! (If you’re into that sort of thing)

As we approach 4/20, a number of bills at the state level have seen significant movement, both good and ugly for progress.

First, the downers: In Tennessee, the state legislature passed and the Governor signed a bill preventing cities within the state from decriminalizing marijuana. Apparently, the status quo of arresting people and sentencing otherwise law-abiding citizens to jail time is a good use of state resources. In TN, a simple possession charge can result in a #250 fine and up to one year in prison. Read more about the state laws here. Additionally, a special tax on medical marijuana is now at the Governor’s desk in Arkansas.

On more positive notes: we have seen progress in a number of states with bills now before the the Governors of Georgia, Hawaii, Maryland, Oregon, and soon-to-be Indiana. Read about it below in the priority alerts section.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act 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 at the federal level.

Thanks for all you do and keep fighting,
Justin

Priority Alerts

Federal

Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the newly created Congressional Cannabis Caucus

Florida
On November 8th, more than 71 percent of Florida voters decided in favor of the constitutional amendment, Amendment 2, to allow for the licensed production, use, and dispensing of medical cannabis to patients with a doctor’s recommendation. However, state politicians are contemplating legislative efforts to amend the law in a manner that violates both its spirit and intent.

House Bill 1397 and Senate Bill 406 have both been introduced to initially cap the number of available providers and dispensers, yet there are distinct differences between the two.

Although neither of these bills truly satisfies the true intent of Amendment 2, Florida NORML contends that Senate Bill 406 is preferable to the House bill. With amendments to both bills expected, we urge Floridians to support the Senate implementation bill and to continue to advocate for further amendments to expand patients’ access.

FL resident? Click here to contact your elected officials telling them to protect Amendment 2

Georgia – (At Governor)
SB 16, a bill to expand Georgia’s CBD-exemption law is awaiting action from Gov. Nathan Deal.

The bill expands the qualifying pool of patients eligible to possess CBD extracts to include those with autism, epidermolysis bullosa, AIDS, Tourette’s Syndrome, and peripheral neuropathy. The bill also permits the possess of CBD-dominant oil to be used by anyone under hospice care.

GA resident? Click here to tell Gov. Deal to sign this bill. 

Hawaii – (At Governor)
Legislation to expand Hawaii’s medical cannabis program has passed both legislative chambers.

The bill, HB 1488, has passed both the House and Senate. Senate changes to the bill must now be approved by members of the House before it can be sent to the Governor.

The bill expands the number of qualifying conditions eligible to receive cannabis therapy to include: lupus, epilepsy, multiple sclerosis, arthritis, and autism. It also permits patients’ caregivers to engage in medical cannabis cultivation, among other changes.

HI resident? Click here to tell the Governor to sign the bill. 

Indiana – (At Governor)
House and Senate lawmakers have approved separate versions of legislation (House Bill 1148 and Senate Bill 15) to exempt criminal penalties for the possession of CBD extracts by qualified patients.

Both bills seek to exempt penalties for the use of CBD extracts by patients with treatment resistant epilepsy. The bills differ regarding whether or not the state ought to establish a patient registry and with regard to the percentage of CBD that must be present in order for the substance to qualify as exempt under state law.

IN resident? Click here and email the Governor to sign the bill when it reaches their desk. 

Iowa
Senate Study Bill 1190, labeled The Compassionate Use of Cannabis Act, was approved Wednesday morning, April 12 on a 3-0 subcommittee vote and it cleared Senate Appropriations Committee Wednesday afternoon. Sen. Charles Schneider, R-West Des Moines, said the bill could be approved by the full Senate as early as Monday, which would send the measure to the House for consideration.

IA resident? Click here to email your lawmakers to support the Compassionate Use of Cannabis Act

Maryland – (At Governor)
Senate Bill 949 permit those who received a criminal marijuana possession conviction prior to October 1, 2014, to seek expungement of their records.

Maryland law was amended on that date so that the possession of up to ten grams of cannabis is no longer a criminal offense.

The Senate has passed enrolled SB 949 which means the bill was adopted with the House amendments. SB 949 has now been sent to the governor for approval.

MD resident? Click here to send a message to Gov. Hogan to sign the bill. 

New Hampshire
New Hampshire is the only New England state that has not either decriminalized or legalized adult marijuana use.

HB 640, sponsored by 6 Republicans and 6 Democrats, will amend criminal penalties for marijuana possession is pending in the House, where lawmakers have overwhelmingly supported such efforts for eight years in a row. However, legislators this year are hopeful that, for the first time, they also have sufficient votes to also clear the Senate, yet the Senate has yet to take a vote.

NH resident? Click here to contact your lawmakers now and demand a vote. 

Additionally in New Hampshire, multiple bills are pending before lawmakers to expand the pool of patients eligible to qualify for medical marijuana therapy.

Members of the Senate Health and Human Services Committee on April 13 passed both HB 157 and HB 160 out of Committee.

In particular, these measures would permit patients with conditions like chronic pain and post-traumatic stress to obtain legal access to marijuana.

NH resident? Click here to contact you lawmakers to support these efforts. 

North Dakota – (At Governor)
Members of the House and Senate have reconciled SB 2344. The measure now awaits action from Gov. Doug Burgum, who intends to sign it into law. The measure allows only two state-licensed manufacturing facilities and up to eight dispensaries statewide (These facilities are anticipated to be operational within 12 to 18 months after law’s passage). It removes provisions in Measure 5 permitting patients who do not reside near a dispensary to cultivate their own cannabis. Amendments that sought to prohibit smoking herbal formulations of cannabis were not included in the final version of SB 2344, although qualified patients under the age of 19 will now be mandated only to consume cannabis in ways other than smoking.

ND resident? Send a message to the Governor expressing your disapproval of the stripping of home grow rights for patients.

Oregon – (At Governor)
SB 863, to limit the federal government from acquiring data regarding adults and patients who legally purchase marijuana under state law.

The emergency legislation, which would take immediate effect, mandates that retailers and dispensaries do not maintain customers’ purchase and/or personal identification records beyond 48 hours.

Members of the House on 4/10 voted 53 to 5 in favor of SB 863. The measure now awaits action from Gov. Kate Brown.

OR resident? Email Governor Brown now to sign this legislation right away.

West Virginia – (At Governor)
A coalition of Senate lawmakers have introduced legislation, SB 386, which seeks to establish the West Virginia Medical Cannabis Act — a state-sponsored program that will permit qualified patients to obtain medical cannabis from licensed dispensaries.

The House and Senate concurred on an amended version of SB 386 on April 6. A summary of the amended bill is online here. The measure now goes to the Governor, who indicates that he intends to sign it.

WV resident? Email the Governor expressing support for this bill 

Other Actions to Take

Arkansas  – (At Governor)
House Bill 1580 imposes a special eight percent statewide tax upon medical marijuana sales. This tax would be in addition to the imposition of existing state and local taxes.While NORML generally does not oppose the imposition of fair and reasonable sales taxes on the commercial sales of cannabis for recreational purposes, we do not support such excessive taxation on medical sales. Most other states that regulate medical cannabis sales do not impose such taxes and Arkansas patients should not be forced to pay these excessive costs.AR resident? Click here to email the Governor urging a veto

Colorado
State officials in Colorado are considering legislation, SB 192, to protect the state’s adult use marijuana industry in case of a potential federal crackdown.

The bill would permit adult use growers and sellers to instantly reclassify their recreational marijuana inventory as medical marijuana “based on a business need due to a change in local, state, or federal law or enforcement policy.” In recent weeks, officials from the Trump administration have indicated that they may consider taking action against recreational marijuana providers, but that they will not likely move against state-licensed medical marijuana providers.

Update: SB 192 passed the Senate on April 12 and now awaits action from the House.

CO resident? Click here to email your lawmakers to in support of this legislation. 

Vermont
Legislation is pending, H.170, to eliminate civil and criminal penalties specific to the possession and cultivation of personal use quantities of marijuana by adults.

If passed, the measure would legalize the possession of up to 2 ounces of marijuana, up to ten grams of hashish, and/or the cultivation of two marijuana plants in a private residence.

Update: The House Committee on Human Services held another hearing for H 170 on Tuesday 4/11 yet still have not taken a vote.

VT resident? Click here to email your lawmakers and demand a vote. 

Denver NORML Promotes Home Cultivation Through Grow Safety Symposium

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On Saturday, April 15th, during what many now refer to as “420 weekend,” Denver NORML is hosting a free educational event that will focus on the many aspects of home cultivation. The event will consist of two parts: a panel discussion with an exciting line up of speakers that will highlight safe and sustainable cultivation practices, and an expo where attendees can visit with representatives from various companies ranging from genetics and nutrients to soil and lighting.

As home cultivation laws in Colorado continue to evolve, we need education more than ever. Therefore, Denver NORML has partnered with some of the best names in the cultivation community. We have scheduled speakers covering the following areas of interest: energy consumption and savings, cultivation, pest control, lighting, genetics, plumbing, electricity and HVAC, home security, waste removal, curing and storage, and compliance. We will also provide an opportunity for medical marijuana patients to learn how to make their own RSO.

Our goal is to create a dialogue and provide as much education as possible. People continue to move to Colorado every single day, simply for the opportunity to legally grow their own marijuana. People arrive with little knowledge, but they’re excited grow so they typically buy a light, put it in a small closet or tent, and then immediately run into issues with ventilation, temperature and pests. The problem that we at Denver NORML kept seeing was the lack of education for those that wish to safely grow in the privacy of their homes.

At the Grow Safety Symposium we plan to educate attendees on how to safely and sustainably grow from beginning to end!

symposium FB

Reserve your spot today at Grow Safety Symposium  or join the conversation on Facebook where you will find the updated speaker schedule: Grow Safety Symposium.

For more updates on local reform efforts, follow Denver NORML by visiting their website and on Facebook and Twitter!

Weekly Legislative Roundup 4/01/17

revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

Happy April Fools Day – unfortunately I have no light-hearted gag for you today as marijuana prohibition is still very much in effect with thousands of people a week arrested throughout the country for mere possession of the plant.

Nationwide, we have topped 1,600+ bills being filed throughout the country pertaining to marijuana. From new efforts in the Senate to remove marijuana from the Controlled Substances Act and to tax and regulate marijuana to tax reform that would treat marijuana businesses just like every other industry through 280E reform, a new found pressure is now felt for reform on Capitol Hill.

At the state level, we have seen a range from legislative progress on social clubs in Colorado to the prohibitionists on the verge of a victory on rolling back local progress in Tennessee on decriminalization.

Below are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act 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 at the federal level.

Thanks for all you do and keep fighting,
Justin

Priority Alerts

Federal
Regulate and Tax: Senator Ron Wyden and Representatives Earl Blumenauer and Jared Polis have introduced legislation in the House and Senate — The Marijuana Revenue and Regulation Act — (SB 776 and HB 1841 / HB 1823) to permit states to establish their own marijuana regulatory policies free from federal interference. In addition to removing marijuana from the United States Controlled Substances Act, this legislation also removes enforcement power from the US Drug Enforcement Administration in matter concerning marijuana possession, production, and sales — thus permitting state governments to regulate these activities as they see fit. An additional excise tax would be levied on the sale of marijuana.  

Click here to email your federal elected officials to support this effort.

Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) have formed the first-ever Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the newly formed Cannabis Caucus

Colorado
Colorado State Senator Bob Gardner and Representative Dan Pabon have introduced legislation, SB 184, The Marijuana Membership Clubs and Public Use Bill, will provide Colorado municipalities with the regulatory framework needed to allow responsible adults the option to socially consume marijuana in a membership club away from the general public.

Update: The House Second Reading for SB 184 was laid over to 4/03.

CO Resident? Click here to email your elected officials to support this effort.

Delaware
Legislation, HB 110, has been officially filed and introduced to regulate the adult use and sale of marijuana on March 30.  

Senator Henry, the author of the state’s medical marijuana legislation said at a recent Medical Marijuana Act Oversight Committee meeting, “Education is suffering. Revenue from legalizing marijuana could help struggling schools and seniors, among other causes and close major budget deficits in Delaware.” The legislation is expected to be introduced in January.

According to recent polling data compiled by the University of Delaware, sixty-one percent of state voters favor legalizing marijuana.

DE Resident? Click here to email your elected officials to support this effort.

Rhode Island
A coalition of Rhode Island lawmakers has reintroduced marijuana legalization legislation in the House, H. 5555: The Adult Use of Cannabis Act

The bill will allow adults 21 and older to possess cannabis and will establish a framework for businesses to cultivate and distribute marijuana. While the language is similar to that of previous bills that have failed to come to a vote, lawmakers this year believe that Rhode Island is ready to catch up to its northeast neighbors.

Update: House Speaker Nicholas Mattiello’s office says it is unlikely that the legislations would get a floor vote in the House.

RI Resident? Click here to email your elected officials to support this effort.

Tennessee
Legislation is before the Governor, HB 173, to nullify the enactment of citywide marijuana decriminalization ordinances and to prevent additional municipalities from enacting similar marijuana reform measures.

The intent of the bill is to override the passage of recent citywide measures in Nashville and Memphis — both of which passed local ordinances last year making minor marijuana possession offenses a non-arrestable citation.

By contrast, state law classifies marijuana possession as a criminal misdemeanor, punishable by up to one year in jail and a criminal record.

Update: Members of the Senate passed HB 173 on March 28. It now goes to the Governor.

TN Resident? Click here to tell Governor Haslam to veto this measure.

West Virginia
A coalition of Senate lawmakers have introduced legislation, SB 386, which seeks to establish the West Virginia Medical Cannabis Act — a state-sponsored program that will permit qualified patients to obtain medical cannabis from licensed dispensaries. A House version of the bill, HB 2677, is also pending.

Passage of the bill establishes a commission tasked with developing “policies, procedures, guidelines, and regulations to implement programs to make medical cannabis available to qualifying patients in a safe and effective manner.”

Update: SB 383 passed the senate by a vote of 28-6 and will now head to the House.

WV Resident? Click here to email your elected officials to support this effort.

Other Actions To Take

Federal
The Small Business Tax Equity Act (SB 777 and HB 1810) is pending in the House and Senate to amend the federal tax code so that state-licensed, marijuana-related businesses are no longer unduly penalized by federal laws. NORML supports these legislative efforts.

These measures amend Section 280E of the Federal Income Tax Code so that state-compliant marijuana operators for the first time can take business deductions for standard expenses such as rent and employee compensation and benefits — just like other legally licensed business entities.

According to a 2017 report, over 120,000 workers are now employed full time in the legal cannabis industry. Allowing deductions for rent and employee costs would help these businesses grow economically and would provide incentives for hiring additional employees.

Click here to email your federal elected officials to support this effort.

Arkansas
House Bill 1580 imposes a special eight percent statewide tax upon medical marijuana sales. This tax would be in addition to the imposition of existing state and local taxes.

While NORML generally does not oppose the imposition of fair and reasonable sales taxes on the commercial sales of cannabis for recreational purposes, we do not support such excessive taxation on medical sales. Most other states that regulate medical cannabis sales do not impose such taxes and Arkansas patients should not be forced to pay these excessive costs.

Update: HB 1580 was returned by the Senate committee, with recommendation that it Do Pass.

AR Resident? Email your elected officials to oppose this effort.

California
Legislation is pending, Assembly Bill 1578, to try and limit potential federal interference in the state’s marijuana regulatory laws.

The bill states, “This bill would prohibit a state or local agency, as defined, from taking certain actions without a court order signed by a judge, including using agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, or arrest a person for commercial or noncommercial marijuana or medical cannabis activity that is authorized by law in the State of California and transferring an individual to federal law enforcement authorities for purposes of marijuana enforcement.”

The majority of Californians desire a legally regulated marijuana market. Passage of this act will limit state or local agencies from working with the federal government to undermine these regulations.

CA Resident? Email your elected officials to support this effort.

Colorado
State officials in Colorado are considering legislation, SB 192, to protect the state’s adult use marijuana industry in case of a potential federal crackdown.

The bill would permit adult use growers and sellers to instantly reclassify their recreational marijuana inventory as medical marijuana “based on a business need due to a change in local, state, or federal law or enforcement policy.” In recent weeks, officials from the Trump administration have indicated that they may consider taking action against recreational marijuana providers, but that they will not likely move against state-licensed medical marijuana providers.

Update: The bill passed 4-1 committee in the Republican Senate

CO Resident? Email your elected officials to support this effort.

New York
Legislation is pending, Senate Bill 1087, to expand the state’s medical marijuana law by removing the existing prohibition on herbal cannabis preparations.

Under existing law, qualified patients are forbidden from obtaining whole-plant cannabis. Instead, they are required to access only cannabis-infused oral products such as oils, pills, or extracts prepared from the plant. “Smoking” or inhaling herbal cannabis is not defined as a “certified medical use.”

These restrictions unnecessarily limit patients’ choices and deny them the ability to obtain rapid relief from whole-plant cannabis in a manner that has long proven to be relatively safe and effective.

Senate Bill 1087 amends the law so that the possession and inhalation of herbal cannabis is no longer illegal.

NY Resident? Email your elected officials to support this effort.

Oregon
Legislation is pending in the Senate, SB 863, to limit the federal government from acquiring data regarding adults and patients who legally purchase marijuana under state law.

The emergency legislation, which would take immediate effect, mandates that retailers and dispensaries do not maintain customers’ purchase and/or personal identification records beyond 48 hours.

Sponsors of the bipartisan measure say the privacy protections are in response to recent statements by the Trump administration with regard to a possible enforcement crackdown in adult use marijuana states.

Update: SB 863 cleared the Senate and is now headed to the House.

OR Resident? Email your elected officials to support this effort.

Texas
State Senator Jose Menendez has filed Senate Bill 269, currently making its way through committee, to protect qualified patients who consume cannabis and to provide for the state-licensed production and distribution of the plant.

Update: A bipartisan House version of SB269 to legalize medical marijuana in the state of Texas has just been introduced by Representative Eddie Lucio III, D-Brownsville, titled HB 2107.

TX Resident? Click here to email your officials in support of this effort.

Weekly Legislative Roundup 3/17/2017

revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

First and foremost, Happy St. Patrick’s Day! Fun fact, marijuana is still safer than alcohol. You can read more about it in Marijuana is Safer: So Why Are We Driving People to Drink? co-authored by NORML’s own Paul Armentano.

This week we saw “legislative crossover” days dash the hopes of advancement in both Kentucky and Iowa. Additionally, the New Hampshire Senate defeated a legalization effort there, yet we are confident that this is the year when the Granite State finally decriminalizes marijuana.

If you missed it, our monthly national chapter call had updates from Colorado, Delaware, Wisconsin, Georgia, and Washington state on their recent lobbying efforts. You can read more in calls report by clicking here.

The Washington City Paper published a great piece entitled Pot: A Political History which does a wonderful job of giving context to the struggles that we face today after 80 years of marijuana prohibition.

Below are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act 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 at the federal level.

Thanks for all you do and keep fighting,
Justin

Priority Alerts

Federal
End Prohibition: Representatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation, HR 1227, to exclude marijuana from the Controlled Substances Act, thus leaving states the authority to regulate the plant how best they see fit.

The “Ending Marijuana Prohibition Act of 2017” eliminates federal criminal penalties for possessing and growing the plant. This legislation gives states the power and flexibility to establish their own marijuana policies free from federal interference.

Click here to email your Congressional Representative to urge them to support this crucial legislation.

Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) have formed the first-ever Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the newly formed Cannabis Caucus

Colorado
Colorado State Senator Bob Gardner and Representative Dan Pabon have introduced legislation, SB 184, The Marijuana Membership Clubs and Public Use Bill, will provide Colorado municipalities with the regulatory framework needed to allow responsible adults the option to socially consume marijuana in a membership club away from the general public.

Update: SB 184 passed the full Senate on Thursday, March 9, by a vote of 25-10 and will now be sent to the House. Gov. Hickenlooper has threatened a veto, saying he opposes any expansion of indoor smoking.

CO Resident? Click here to urge your elected officials to support this effort.

Connecticut
Multiple pieces of legislation to legalize the adult use of marijuana and to regulate its commercial distribution is pending in both the state House and Senate.

Update: Lawmakers have scheduled a pair of hearings in March to debate these various legalization proposals. Members of the Public Health Committee heard testimony on Tuesday, March 7. Members of the Judiciary Committee will hear testimony on Wednesday, March 22.

CT Resident? Click here to urge your elected officials to support this effort.

New Mexico
Legislation is pending, Senate Bill 258, to reduce penalties for minor marijuana possession offenses.

The measure eliminates criminal criminal penalties for the possession of up to one-half of one ounce of cannabis, reducing the offense to a $50 fine. Under present law, this offense is classified as a criminal misdemeanor punishable by up to 15 days in jail and criminal record.

Update: Members of the House Consumer and Public Affairs Committee passed SB 258 on March 14. It must still pass through one additional committee prior to receiving a House floor vote.

NM Resident? Click here to urge your elected officials to support this effort.

Tennessee
Rep. Jeremy Faison, R-Cosby, and Sen. Steve Dickerson, R-Nashville, are sponsoring the legislature’s most concerted effort to legalize medical use of marijuana.

Under present law, the possession of any amount of marijuana is punishable by up to one year in jail and a $250 fine.

Update: SB 860 was placed on the calendar of the Criminal Justice Subcommittee for March 14 and HB 673 was deferred in Senate Judiciary Committee to March 28.

TN Resident? Click here to urge your elected officials to support this effort.

Additional Actions To Take

Kansas
Legislation is pending, House Bill 2152, to permit qualified patients access to marijuana or extracts containing CBD and low levels of THC.

The measure would permit patients with Alzheimer’s disease, cancer, multiple sclerosis, post-traumatic stress disorder or a condition causing seizures, including those characteristic of epilepsy, to possess marijuana or extracts containing no more than three percent THC. The measure also seeks to establish rules governing the state-licensed cultivation of low-THC marijuana strains and the preparation of products derived from such strains.

Update: Members of the House Health and Human Services Committee heard the bill on Wednesday, Match 15 at 1:30pm, Room 546-S.

KS Resident? Click here to urge your elected officials to support this effort.

Maine
Legislation is pending, LD 1064, to require health insurance policies to cover expenses related to the physician authorized use of medical cannabis.

The measure states, “A carrier offering a health plan in this State shall provide coverage for marijuana for  medical use for an enrollee who has received certification for the medical use of marijuana from a medical provider.”

ME Resident? Click here to urge your elected officials to support this effort.

Maryland
House and Senate legislation is pending to allow those with past criminal marijuana convictions to have those records expunged.

House Bill 379 / Senate Bill 949 permit those who received a criminal marijuana possession conviction prior to October 1, 2014, to seek expungement of their records.

Update: Members of the Senate Judicial Proceedings Committee passed SB 949 on March 9.

MD Resident? Click here to urge your elected officials to support this effort.

Massachusetts
Legislation is pending before the House, H 113, to prohibit employers from discriminating against patients who legally consume marijuana during non-work hours. Additional legislation, H 2385, would expand protections for medical marijuana patients so that they may not be discriminated against with regard to housing, higher education, and child custody issues.  

Changes in the legal status of marijuana has not been associated with any adverse changes in workplace safety. In fact, a pair of studies from 2016 find that legalization is associated with greater workforce participation and with fewer workplace absences. Most recently, the National Academies of Sciences just-released marijuana and health report found “insufficient evidence” to support an association between cannabis use and occupational accidents or injuries.

It is time to end this discriminatory policy.

MA Resident? Click here to urge your elected officials to support this effort.

Montana
House Bill 529 imposes a special six percent statewide tax upon medical marijuana sales. This tax would be in addition to the imposition of existing state and local taxes.

While NORML generally does not oppose the imposition of fair and reasonable sales taxes on the commercial sales of cannabis for recreational purposes, we do not support such excessive taxation on medical sales. Most other states that regulate medical cannabis sales do not impose such taxes and Montana patients should not be forced to pay these excessive costs.

Update: Members of the House Taxation Committee heard testimony on the bill on March 15. Most witnesses testified against the bill.

MT Resident? Click here to urge your elected officials to oppose this effort.

New Mexico
Governor Susana Martinez has vetoed House Bill 144, which sought to establish a hemp research program in compliance with provisions in the federal Farm Bill explicitly authorizing states to engage in licensed activity involving hemp absent federal reclassification of the plant. The Governor provided no public explanation for the veto.

The bill has previously passed the House and Senate by votes of 42 to 26 and 30 to 12 respectively.

Update: Lawmakers have introduced a third hemp research bill, House Bill 530. This bill was passed by the House on March 14 by a vote of 65 to 1, and now awaits senate action.

NM Resident? Click here to urge your elected officials to support this effort.

Oklahoma
Legislation has been introduced, Senate Bill 704, to provide for hemp cultivation and manufacturing.

The measure excludes industrial hemp from the state’s definition of marijuana and provides for its commercial cultivation and export.

The measure also expands the list of qualifying conditions eligible for CBD treatment under state law. Under this change, patients with chronic pain, post-traumatic stress, and anxiety would be eligible for medicinal cannabis products as long as those formulations are in liquid form and do not exceed 12 percent THC.

OK Resident? Click here to urge your elected officials to support this effort.

Tennessee
SB 1116 seeks to decriminalize the possession of up to one ounce of marijuana.

Under present law, the possession of any amount of marijuana is punishable by up to one year in jail and a $250 fine.

Update: SB 1116 has a hearing scheduled for March 28.

TN Resident? Click here to urge your elected officials to support this effort.

West Virginia
Legislation by Delegate Hornbuckle of Cabell, House Bill 3035, to legalize and regulate the adult use, production, and sale of marijuana is before members of the House Health and human Resources Committee.

House Bill 3035, allows adults to possess up to one ounce of cannabis and to cultivate up to six cannabis plants for their own personal use. It also regulates the commercial marijuana market and allows for the production of industrial hemp.

WV Resident? Click here to urge your elected officials to support this effort.

Weekly Legislative Roundup 3/11/2017

revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

At the federal level, aside from a few absurd comments by Attorney General Sessions and new cosponsors to HR 975 and HR 1227, things have been pretty quiet.

At the state level, it is quite a different story. We have continued to see a marked rise in the number of bills introduced pertaining to marijuana, crossing the 1,500 mark. From hearings on marijuana legalization in Maryland to social clubs passing the Senate in Colorado to hemp passing the both chambers in the New Mexico statehouse, at every level we are making progress.

Below are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act 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 at the federal level.

Thanks for all you do and keep fighting,
Justin

Priority Alerts

Federal
End Prohibition: Representatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation, HR 1227, to exclude marijuana from the Controlled Substances Act, thus leaving states the authority to regulate the plant how best they see fit.

The “Ending Marijuana Prohibition Act of 2017” eliminates federal criminal penalties for possessing and growing the plant. This legislation gives states the power and flexibility to establish their own marijuana policies free from federal interference.

Click here to email your Congressional Representative to urge them to support this crucial legislation.

Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) have formed the first-ever Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the newly formed Cannabis Caucus

Colorado
Colorado State Senator Bob Gardner and Representative Dan Pabon have introduced legislation that is headed to the Senate Business, Labor and Technology committee on Tuesday, March 1, 2017. SB 184: The Marijuana Membership Clubs and Public Use Bill, will provide Colorado municipalities with the regulatory framework needed to allow responsible adults the option to socially consume marijuana in a membership club away from the general public.

Last November, voters In California and Maine approved public marijuana consumption through Proposition 64 and Question 1, but haven’t settled on rules. This means Colorado could be first out of the gate with statewide regulations for pot clubs.

Update: SB 184 passed the full Senate on Thursday, March 9, by a vote of 25-10 and will now be sent to the House. Gov. Hickenlooper has promised to veto the bill if passed in its current version.

CO Resident? Click here to email your elected officials in support of this effort.

Connecticut
Multiple pieces of legislation to legalize the adult use of marijuana and to regulate its commercial distribution is pending in both the state House and Senate.

Update: Lawmakers have scheduled a pair of hearings in March to debate these various legalization proposals. Members of the Public Health Committee heard testimony on Tuesday, March 7. Members of the Judiciary Committee will hear testimony on Wednesday, March 22.

CT Resident? Click here to email your elected officials in support of this effort.

Kansas
Legislation is pending, House Bill 2152, to permit qualified patients access to marijuana or extracts containing CBD and low levels of THC.

The measure would permit patients with Alzheimer’s disease, cancer, multiple sclerosis, post-traumatic stress disorder or a condition causing seizures, including those characteristic of epilepsy, to possess marijuana or extracts containing no more than three percent THC. The measure also seeks to establish rules governing the state-licensed cultivation of low-THC marijuana strains and the preparation of products derived from such strains.

KS Resident? Click here to email your elected officials in support of this effort.

Maryland
HB 1236 and it’s companion bill SB891 would amend the Maryland Constitution to ensure citizens have the right to possess, smoke, and cultivate marijuana.

The Amendment would also require the General Assembly to establish a regulatory structure for “the transfer of cannabis by purchase or sale.”

If enacted, the law would legalize the possession of up to two ounces and the cultivation of up to six plants.

Update: The House held a hearing about HB 1236 on March 3 at 1pm, and a hearing about SB 891 on March 2 at 1pm.

MD Resident? Click here to email your elected officials in support of this effort.

Nevada
Senate legislation is pending, SB 236, to regulate the social use of cannabis.

The measure allows select businesses to apply for licensing to permit adult marijuana use on their premises. It would also allow event organizers to seek permits to allow adult use at specific events.

To date, private adult use of marijuana is permitted, but only in a private residence. Passage of SB 236 establishes a regulatory framework to permit adults the option to consume cannabis at specified public places or events.

NV Resident? Click here to email your elected officials in support of this effort.

New Hampshire
Legislation is pending in the New Hampshire House, HB 215, to establish a commission to study the legalization, regulation, and taxation of marijuana.

Police in New Hampshire arrest some 2,900 individuals annually for simple marijuana possession offenses. The continued criminalization of adult marijuana use is out-of-step with the views of New Hampshire adults, 62 percent of whom now endorse legalizing and regulating cannabis, according to a 2016 WMUR Granite State Poll.

Update: HB 215 passed the House on Thursday, March 8 on a voice vote. It will now be referred to the Senate.

NH Resident? Click here to email your elected officials in support of this effort.

Additionally, Multiple bills are pending before lawmakers to expand the pool of patients eligible to qualify for medical marijuana therapy.

In particular, these measures would permit patients with conditions like chronic pain and post-traumatic stress to obtain legal access to marijuana.

Update: Bills to add chronic pain (HB 157) and PTSD (HB 160) to the list of qualifying conditions for medical marijuana have passed the House. They will now be referred to the Senate.

NH Resident? Click here to email your elected officials in support of this effort.

New Mexico
Legislation is pending, Senate Bill 258, to reduce penalties for minor marijuana possession offenses.

The measure eliminates criminal criminal penalties for the possession of up to one-half of one ounce of cannabis, reducing the offense to a $50 fine. Under present law, this offense is classified as a criminal misdemeanor punishable by up to 15 days in jail and criminal record.

Update: A Senate substitute version of SB 258 was passed 33 to 9 by members of the Senate. The amended version of the bill now awaits action by the House.  

NM Resident? Click here to email your elected officials in support of this effort.

Oregon
Legislation is pending in the Senate, SB 863, to limit the federal government from acquiring data regarding adults and patients who legally purchase marijuana under state law.

The emergency legislation, which would take immediate effect, mandates that retailers and dispensaries do not maintain customers’ purchase and/or personal identification records beyond 48 hours.

Sponsors of the bipartisan measure say the privacy protections are in response to recent statements by the Trump administration with regard to a possible enforcement crackdown in adult use marijuana states.

OR Resident? Click here to email your elected officials in support of this effort.

Tennessee
Rep. Jeremy Faison, R-Cosby, and Sen. Steve Dickerson, R-Nashville, are sponsoring the legislature’s most concerted effort to legalize medical use of marijuana.

Under present law, the possession of any amount of marijuana is punishable by up to one year in jail and a $250 fine.

Update: SB 1119 and SB 673 were debated by members of the Senate Judiciary Committee on March 7.

TN Resident? Click here to email your elected officials in support of this effort.

Texas
Legislation has been introduced for the 2017 legislative session to decriminalize the possession of small amounts of marijuana.

House Bill 81, filed by Representative Joe Moody and cosponsored by Representative Jason Isaac, seeks to amend state law so that possessing up to one ounce of marijuana is a civil violation, punishable by a fine – no arrest, no jail, and no criminal record. Under current state law, first-time marijuana possession offenses are classified as a criminal misdemeanor punishable by up to six months in jail and a fine of up to $2,000.

Update: HB 81 is scheduled for a hearing on Monday, March 13. Starting at 8am if you happen to be in the state capitol in Austin you can get within the capitol steps Wi-Fi in order to register your support of HB 81.

TX Resident? Click here to email your elected officials in support of this effort.

Vermont
Rep. Samuel Young has introduced H. 490 to regulate the commercial and retail marijuana market.

H. 490 establishes a regulated system whereby adults may legally obtain marijuana from state-licensed retail providers and sellers.

Statewide polling reports that a majority of Vermont voters support legalizing and regulating marijuana. According to a RAND Corporation study, regulating the commercial sale of cannabis in Vermont would generate $20 million to $75 million annually in new tax revenue.

VT Resident? Click here to email your elected officials in support of this effort.

West Virginia
A coalition of Senate lawmakers have introduced legislation, SB 386, which seeks to establish the West Virginia Medical Cannabis Act — a state-sponsored program that will permit qualified patients to obtain medical cannabis from licensed dispensaries. A House version of the bill, HB 2677, is also pending.

Passage of the bill establishes a commission tasked with developing “policies, procedures, guidelines, and regulations to implement programs to make medical cannabis available to qualifying patients in a safe and effective manner.”

WV Resident? Click here to email your elected officials in support of this effort.

Additional Actions To Take

Arkansas
House Bill 1580 imposes a special eight percent statewide tax upon medical marijuana sales. This tax would be in addition to the imposition of existing state and local taxes.

While NORML generally does not oppose the imposition of fair and reasonable sales taxes on the commercial sales of cannabis for recreational purposes, we do not support such excessive taxation on medical sales. Most other states that regulate medical cannabis sales do not impose such taxes and Arkansas patients should not be forced to pay these excessive costs.

AR Resident? Click here to email your elected officials in support of this effort.

District of Columbia
Councilman David Grosso has re-introduced the Marijuana Legalization and Regulation Act. First introduced in 2014, DC voters overwhelmingly approved the ballot measure.

The bill will legalize marijuana use for adults over the age of 21 and will allow the city to tax and regulate a commercial market. Due to DC’s unique charter in Congress, however, this provision of the law was gutted in 2014.

DC Resident? Click here to email your elected officials in support of this effort.

New Hampshire
House legislation is pending, HB 472, to permit qualified patients to cultivate their own medicine.

Under present law, qualified patients must purchase cannabis from one of a handful of state-licensed dispensaries.

House Bill 472 allows patients to cultivate up to two mature plants and up to 12 seedlings at one time.

Update: Members of the House of Representatives have passed HB 472. It now awaits action by the Senate.

NH Resident? Click here to email your elected officials in support of this effort.

New Mexico
Governor Susana Martinez has vetoed House Bill 144, which sought to establish a hemp research program in compliance with provisions in the federal Farm Bill explicitly authorizing states to engage in licensed activity involving hemp absent federal reclassification of the plant. The Governor provided no public explanation for he veto.

A similar provision, Senate Bill 6, now awaits action from the Governor. Members of the House and Senate have previously passed the measure by votes of 58 to 8 and 37 to 2.

NM Resident? Click here to email your elected officials in support of this effort.

Washington
Legislation is before lawmakers, House Bill 2064, to amend state law so that industrial hemp is not longer classified under the state’s uniform controlled substances act.

If passed, hemp plants will no longer be regulated as a controlled substance.

Update: HB 2064 has unanimously passed the House and awaits action in the Senate.

WA Resident? Click here to email your elected officials in support of this effort.

Colorado: Support Marijuana Membership Clubs!

Denver NORML

This past Tuesday, Denver NORML hosted a very successful Lobby Day at the Colorado State Capitol. Our Board of Directors, along with several members and volunteers, visited every Senate office where they distributed a fact sheet that highlighted the merits of SB17-184: The Private Marijuana Clubs Open And Public Use Bill, and why NORML supports it. We also had the opportunity to hear from several supporters of the bill including Senate Majority Leader Chris Holbert, Representative Jonathan Singer, and Representative Dan Pabon.

Since early 2016, Denver NORML has been on the front lines fighting for the social consumption of marijuana and will continue to lead the fight until our dream becomes a reality, but we need your support. With the passage of SB17-184: The Private Marijuana Clubs Open And Public Use Bill out of the Senate, we have an unprecedented opportunity to create access to safe, legal spaces for social marijuana consumption in Colorado, but the fight isn’t over. We are heading back to the Capitol on Tuesday, March 14, 2017 at 9am to lobby every member of the House and also to ask Governor Hickenlooper to not veto SB-184.

We are a 100% grassroots, volunteer-led organization that depends on the generosity of individuals and businesses to provide financial support for our efforts. While we gladly donate our time, there are ongoing costs associated with these efforts including all of the general expenses that pertain to a day at the Capitol including, but not limited to: transportation, parking, and printing of educational materials. If you or your organization would like to help by providing services or funds, please contact us at denverisnorml@gmail.com and one of our board members will follow up with you. We also have annual sponsorship programs and can provide you with information on how to become a yearly sponsor of our organization.

Click here to make a contribution to Denver NORML and support ongoing action.

We are making history again in Colorado, but we urgently need our community allies help to ensure we are able to reach out to all of our Colorado General Assembly members as well as Governor Hickenlooper, who had indicated he may not sign the bill in its current form.

If you’re interested in joining us, please fill out this form: NORML Lobby Day. If you can’t join us in person, please consider using NORML’s online Action Center to send an email to your legislators urging their support of SB-184.

COLORADO RESIDENTS: TAKE ACTION: SUPPORT MARIJUANA MEMBERSHIP CLUBS!

Thank you for your ongoing support!

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