Two Major Victories For Student Rights In Federal Courts

Dan Viets speaking at a NORML conference

Dan Viets speaking at a NORML conference

Federal courts have recently rejected the actions of university and college administrators who sought to inflict suspicionless drug tests on students at a public college and to restrict the First Amendment rights of marijuana law reformers at a public university.  Both decisions have important national implications.

Linn Tech Student Drug Testing Case

In 2011, Linn State Technical College administrators declared that they intended to drug test every student who applied for admission to the small, state-funded college located in Osage County, Missouri, a short distance east of Jefferson City.  No other public college or university in America had pursued such a program.  It seemed clear to those who follow such matters that college and university students have the same rights as other adults to be free from unreasonable searches and seizures.  While private institutions are not bound by the restraints of the Fourth Amendment, public tax-supported institutions are.  Nonetheless, Linn Tech seemed determined to pursue inflicting random, suspicionless drug testing on their students.

Tony Rothert, the Legal Director of the ACLU of Missouri, filed suit against Linn Tech.  I filed a “friend of the court” brief on behalf of Students for Sensible Drug Policy, working with Alex Kreit, a law professor from San Diego.

U.S. District Court Judge Nanette Laughrey, sitting in Jefferson City, subsequently issued a decision prohibiting such testing, with a few narrowly-drawn exceptions for those participating in training programs involving heavy machinery or high-voltage electricity.

Linn Tech appealed that decision to the Eighth U.S. Circuit Court of Appeals in St. Louis.  Legal scholars were shocked when a three-judge panel of that Court later sided with Linn Tech.  In a decision which many believed ignored legal precedent and logic, two of three judges on the panel which initially heard the case sided with Linn Tech.

Mr. Rothert then filed for a rehearing of the case by the full 11-judge Court.  Such hearings are rarely granted, but in this case, the Motion was granted.  Following that rehearing, all but two of the judges on the full Court sided with the students and the ACLU, overturning the decision of the three-judge panel.

Still not satisfied, Linn Tech squandered more public tax money pursuing a Petition for Certiorari with the United States Supreme Court.  Civil libertarians were concerned that the current high Court might indeed overturn the Eighth Circuit if it had accepted that Petition for review.  However, on June 5, 2017, the U.S. Supreme Court denied further review in this matter.  Therefore, the decision of the Eighth U.S. Circuit Court is now the final decision in this matter.  Linn Tech administrators have reluctantly acknowledged that they must now follow the Constitution and abandon their effort to impose suspicionless drug testing on their students.

Iowa State University NORML Censorship Case

In another important case closely watched by many across the nation, members of the NORML Chapter at Iowa State University in 2012 applied for approval to print t-shirts which contained the name of the university-recognized organization and included an image of the school’s mascot, “Cy, the Cyclone”.  University administrators first approved those t-shirts, but when the ISU NORML Chapter asked to reprint them, the university caved in to pressure from legislative staff people who had complained that it appeared the university was supporting marijuana legalization.

The Foundation for Individual Rights in Education (FIRE) filed suit on behalf of the officers of the Iowa State University NORML Chapter, alleging content and viewpoint discrimination.  The lawsuit sought to prevent university administrators from treating the NORML Chapter differently from other university-recognized student organizations.  The federal district court in Iowa sided with the students and against the university.  The university appealed to the Eighth U.S. Circuit Court of Appeals in St. Louis, which issued a decision in February of this year upholding the federal district judge’s ruling.

Iowa State University administrators then asked the Eighth U.S. Circuit Court to reconsider its decision.  The Court did so, which caused many to fear that they might change their minds.

However, on June 13, 2017, the Eighth U.S. Circuit Court reaffirmed its earlier decision and went even further, holding that university administrators who prevented the ISU NORML Chapter from using the university’s trademarked images were individually liable for their actions and could, therefore, be ordered to pay damages from their own pockets!

Administrators at the University of Missouri in Columbia have taken similar actions in regard to the MU NORML Chapter.  It is hoped that the decision of the Eighth U.S. Circuit will encourage MU administrators to reconsider their position.

The federal appellate court sent a loud and clear message to university administrators that they are required to respect the Constitutional rights of students, including those who advocate for reform of the marijuana laws.

While Iowa State could do as Linn Tech administrators did and continue to squander more public tax money pursuing an ill-considered position, it is not at all likely the U.S. Supreme Court would grant further review in this matter.

Administrators at the University of Missouri in Columbia have taken similar actions in regard to the MU NORML Chapter.  It is hoped that the decision of the Eighth U.S. Circuit will encourage MU administrators to reconsider their position.

These two decisions have reaffirmed the rights of college and university students to be free from random, suspicionless drug testing and to speak out for drug law reform without censorship by administrators..

 

First Meeting Of Trump’s Opioid Commission: Will It Be Effective?

Marijuana medicineToday, the Office of National Drug Control Policy convened its first meeting of President Trump’s “Commission on Combating Drug Addiction and the Opioid Crisis.”

The Commission is tasked with making recommendations for improving the Federal response to opioid misuse and abuse.

Best evidence informs us that medical marijuana access is associated with reduced levels of opioid-related abuse, hospitalization, and mortality. Nonetheless, this administration continues to express skepticism with regard to the safety and efficacy of medical marijuana.

Today in The Hill newspaper, NORML Deputy Director Paul Armentano writes:

With opioid overdose deaths having risen four-fold since 1999, it is imperative that lawmakers and public health experts approach this issue with an open mind and remain willing to entertain all potential alternatives.

For many patients, cannabis provides a safe and effective substitute for the use of opioids and other potentially harmful substances. Committee members should set their political ideologies aside and give strong consideration to this rapidly growing body of scientific evidence.

You can read the full piece in The Hill by clicking here.

It is crucial that our government hear from us. Click here to send a message to the Commission urging them to include medical marijuana as part of any national response to the opioid crisis.

Weekly Legislative Update 4/22/17

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

What a week it has been! With our 4/20 Online Day of Action, we have blown past the goals we had set and have now driven over 35,000 messages to Congress on HR 1227, the Ending Federal Marijuana Prohibition Act of 2017. If you have not yet, do so RIGHT NOW by clicking here. 

This last week, West Virginia Governor Jim Justice (D) signed into law the West Virginia Medical Cannabis Act — a state-sponsored program that will permit qualified patients to obtain medical cannabis from licensed dispensaries. With the addition of WV, the United States will soon have 30 medical marijuana programs throughout the country.

With the current Federal budget set to expire at the end of next week, it is imperative that Congress reauthorize the Rohrabacher-Farr amendment, which protects those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. Send a message to your members of Congress now to protect patients.

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
Protect Patients: Since 2014, members of Congress have passed annual spending bills that have included a provision 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.”

In December, Congress re-authorized the amendment as part of a short term spending package, House Resolution 2028. This bill extends federal funding through April 28, 2017, at which time the measure — and the Rohrabacher-Farr Amendment — will expire.

Click here to message your members of Congress to protect state medical marijuana and their patients. 

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.

FL resident? Click here to send a message to your elected officials and demand that they support medical marijuana in Florida

Iowa (at Governor)
In a last minute deal by Iowa state lawmakers, both chambers passed HF 524, which would expand the narrow access of CBD with up to 3% THC to patients who have been diagnosed by an Iowa-licensed physician with Parkinson’s disease, cancer, multiple sclerosis, seizures, AIDS and HIV, Crohn’s disease and Amyotrophic Lateral Sclerosis, as well as most terminal illnesses that have a life expectancy of less than one year and untreatable pain. The bill also sets up a framework for in-state production of the medicine. The bill now goes to Governor Terry Branstad (R) for his signature or veto.

IA resident? Click here to send a message to Gov. Branstad and urge him to sign HF 524

Texas
HB 2200, will provide an affirmative defense regarding medical cannabis that would protect patients, caregivers, and doctors, will be heard on April 24.

Affirmative defense establishes a basic set of facts surrounding marijuana possession cases. If someone with a qualifying medical condition is caught possessing marijuana, an affirmative defense for the individual would likely result in a more lenient punishment.

TX resident? Click here to send a message to your elected officials to support this common sense reform.

Vermont
Members of the Senate voted 21 to 9 on April 21 in favor of an unrelated House bill, H. 167, which Senators had amended to include language to legalize the recreational marijuana market. Other Senate amendments in the bill mimic language in H. 170, which eliminates criminal and civil penalties specific to the possession or cultivation of personal use quantities of cannabis. The amended version of H. 167 now returns to the House for further action.

VT resident? Click here to send a message to your lawmakers and support legalizing marijuana in Vermont.

Other Actions to Take

Arizona
Legislation is pending, SB 1337, to permit for the licensed production of industrial hemp.

Update: Members of the House Standing Committee and the House Appropriations Committee both passed SB 1337 by votes of 7 to 1 and 12 to 1 respectively.

AZ resident? Click here to email your elected officials to support hemp in Arizona.

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.”

Update: AB 1578 was passed by members of the Public Safety Committee on April 18 by a vote of 5-2.

CA resident? Click here to email your elected officials to support 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.

LA resident? Click here to support this common sense legislation. 

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.

Update: SB 236 was amended in the Senate Judiciary Committee on 4/12 and it passed as amended.

NV resident? Click here to support marijuana social clubs in Nevada. 

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 April 20 passed HB 157 out of Committee.

NH resident? Click here to send a message to your lawmakers to support patients. 

‘Faces of Marijuana Prohibition’ Event Held on Capitol Hill

NORML held a ‘Faces of Marijuana Prohibition’ event on Capitol Hill on April 19th, in cooperation with the Congressional Cannabis Caucus, where congressional staff heard first-hand from those most adversely impacted by the criminalization of marijuana

Dozens of congressional staff attended, hearing from victims across the spectrum of marijuana criminalization. Perspectives included: a cancer survivor who consumed marijuana to mitigate the effects of chemotherapy, a federal staffer who lost his job as a result of a positive drug test, and those who received criminal charges and had their lives put on hold while they had to overcome the onerous penalties imposed by the state for a simple possession charge, among others. 

NORML Political Director Justin StrekalThis was yet another effort in our ongoing quest to educate our legislators on the need to to end the prohibition-industrial-complex and respect the basic rights of those who choose to consume marijuana, a substance safer than currently legal products like alcohol or cigarettes.

Never in modern history has there existed greater public support for ending the nation’s nearly century-long experiment with marijuana prohibition. The continued criminalization of adult marijuana users is out-of-step with the views of adults throughout America, 93% of whom support medical marijuana (Quinnipiac, 2017) and 60 percent of whom endorse the outright legalization of recreational marijuana (Gallup, 2016).

On April 20th (4/20), long considered the unofficial marijuana holiday, marijuana consumers and advocates will gather around the world to show their support for ending marijuana prohibition. NORML for its part will hosting an online day of action, driving tens of thousands of constituent contacts to members of Congress in support of HR 1227, the Ending Federal Marijuana Prohibition Act. 

You can sign up for the 4/20 online day of action by clicking here. 

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!

Iowa State University’s NORML Chapter Fought Back – and Won – in the 8th Circuit Court

chapter_spotlightThe four-year feud between Iowa State University (ISU) and the student group NORML ISU has finally concluded with a victory for the marijuana reform advocacy group.

The US Court of Appeals for the Eighth Circuit ruled in favor of NORML ISU right to use a marijuana leaf and the logo of the school on their promotional items.

Here is the background as written in the Washington Post by Eugene Volokh:

NORML ISU at first got permission from the Trademark Office to use a T-shirt “that had ‘NORML ISU’ on the front with the ‘O’ represented by Cy the Cardinal,” with “Freedom is NORML at ISU” and a cannabis leaf depicted on the back. But after a Des Moines Register article mentioned the T-shirt, a state legislator and someone at the Governor’s Office of Drug Control Policy heard about this and objected, and the University barred NORML ISU from printing further T-shirts with the design. After that, the University’s Trademark Guidelines were changed to ban “designs that suggest promotion of the below listed items … dangerous, illegal or unhealthy products, actions or behaviors; … [or] drugs and drug paraphernalia that are illegal or unhealthful.”

The court disagreed.

NORML ISU’s use of the cannabis leaf does not violate ISU’s trademark policies because the organization advocates for reform to marijuana laws, not the illegal use of marijuana,”

The circuit court decided that students’ “attempts to obtain approval to use ISU’s trademarks on NORML ISU’s merchandise amounted to constitutionally protected speech.”

Basically, ISU violated the students’ first amendment rights and discriminated against them on the basis of their viewpoint.

The suit was overseen by the Foundation for Individual Rights in Education. Marieke Tuthill Beck-Coon, FIRE’s director of litigation, released a statement saying “We are so pleased to see Paul and Erin’s victory unanimously affirmed by the Eighth Circuit today. Paul and Erin had the courage to stand up for their First Amendment rights, and thousands of students in seven states will now benefit from their commitment.”

This can only come as a reminder to us to stand up and fight back against those looking to suppress advocates for marijuana legalization (and fashionable people everywhere). We as a constituency have the unalienable right of freedom of speech, so make your voice heard and get involved with a NORML chapter near you.

Action Works When Action Is Taken

As an American citizen, it is easy to become cynical about citizen participation in democracy.  Even the most basic form of participation, voting, can be difficult in the United States. Unlike most nations, who hold elections on a holiday or have mandatory voting requirements, the US holds elections on Tuesdays. When many people cannot vote, whether for time reasons or restrictive state laws, it is a struggle, for those of us enthused about participating in democracy, to watch less than 60 percent of the electorate turnout for a presidential election. One of the proposed reasons for the problem is a lack of voter efficacy. Voters don’t feel as if their voice is being heard. But stories of voters successfully influencing lawmakers are common, if not always reported.

Recently, House Republicans revealed a plan to gut the independent Office of Congressional Ethics (OCE). The new body proposed by the GOP would have been a blow to anyone in support of governmental transparency. Unable to report its findings to the public, the proposed Office of Congressional Complaint Review would have even further clouded general understanding of what occurs behind closed doors in the legislative branch. However, congressional offices were subsequently flooded with calls and messages from angry constituents. Less than 24 hours later, the GOP changed course and backpedaled. After tremendous public pressure, the government radically changed its course in a short span of time.

Simply making a phone call, sending an email or Facebook message to a representative, or retweeting a congress member’s phone number (which occurred thousands of times because of the ethics committee plan) can make a difference on the national level. However, many success stories about citizen participation can be found among the lower levels of the federal system. State and local governments are, at least in theory, designed to be more supportive of and responsive to individual citizens. Examples to support this theory is strong. States are known as “laboratories of democracy” and are often ahead of the federal government in terms of cutting edge policy.

One only has to look at success stories like gay marriage or marijuana legislation in several states to see the effect of citizen participation on policy outcomes. We can see with both cases that state policy often follows national public opinion trends. When the tipping point came in regards to gay marriage, it was state judges and lawmakers that first instituted protections for the LGBTQ community. Organizations like Freedom to Marry and the American Civil Liberties Union penned action alerts to their members day after day pleading with them to contact their state representatives. And when the people spoke, politicians listened, and change happened.

Marijuana legislation is following a similar path with organizations including NORML are creating a similar avalanche effect of states legalizing that will ultimately culminate in national legalization if sustained.

To speed up the process one only has to get involved. It is easy to sit back and watch while progress occurs, but it is rewarding to be a part of such a movement. Emailing, calling, and having meetings with your representatives in a constructive way is simple and effective to push change.

If the government is doing something that we as a citizenry do not approve of, we have the right to be heard. Although the mechanisms of government are far from perfect, it our duty as a dedicated and informed public is to try the best we can, in every way we can.

Sign up for our email list to get our action alerts, keep checking the NORML action page for federal legislation and in your home state at http://norml.org/act, talk to your friends and neighbors about getting involved, join a NORML chapter or start your own at http://norml.org/chapters, and never, ever, stop fighting.

revolutionbumper

Wisconsin: GOP Lawmakers Consider Support for Marijuana Law Reform Legislation

Marijuana medicineGOP lawmakers in Wisconsin have a track record of opposing efforts to reform marijuana laws in the Badger State, but a recent comment from Assembly Speaker Robin Vos has some marijuana advocates hopeful for progress during the 2017 legislative session.

“If you get a prescription to use an opiate or you get a prescription to use marijuana, to me I think that’s the same thing,” Vos said, a surprising position after years of GOP opposition to legalizing any form of marijuana. “I would be open to that.”

Of course this came as a surprise to many, especially after Senate Majority Leader Scott Fitzgerald and Governor Scott Walker have both repeatedly stated that they will continue to oppose any effort to advance the issue in the state of Wisconsin. Regardless of the lack of support from GOP leadership, Sen. Van Wanggaard is expected to sponsor legislation that would make it legal to possess cannibidiol (CBD) – the marijuana extract known for treating seizures associated with epilepsy – during the upcoming legislative session.

Read more here: http://m.startribune.com/in-wisconsin-signs-of-gop-softening-on-medical-marijuana/410016665/

NORML Membership Survey

thumbs_upIt’s the start of a new year and with that often comes resolutions and goals to improve. Well here at NORML, we are feeling the New Year spirit and we want to ensure we start 2017 off the right way.

How are we going to do that? We want to hear from YOU! Whether you’re a member, long time supporter, or you just started following us, we ask that you follow the link below and take our Membership Survey.

MEMBERSHIP SURVEY

Since its founding in 1970, NORML has provided a voice in the public policy debate for those Americans who oppose marijuana prohibition and favor an end to the practice of arresting marijuana smokers. A nonprofit public-interest advocacy group, NORML seeks to represent the interests of the tens of millions of Americans who enjoy marijuana responsibly. By completing the membership survey, you are telling us about yourself, why you care about marijuana law reform, and most importantly how we can better serve you as advocates.

We hope you’ll take the time to provide us a little more information about yourself so that we can continue growing and improving on the work we do everyday.

Don’t worry, all of the information that we collect will be used for internal assessment only. We will not share, sell, or transmit your information to any other person, group, or organization.

As always we appreciate your dedication to marijuana law reform and your continued support.

Sincerely,

The NORML Team

NORML’s Legislative Round Up October 21, 2016

take_actionWith Election Day less than three weeks away we’re excited to share with you the latest polling information from states with pending marijuana related ballot initiatives, as well as breaking news from another state that may be setting the stage for full legalization next year. A summary of this year’s crop of marijuana-centric ballot initiatives is available online here.

NORML is also pleased to announce that next week we will be releasing our first ever, Governors Report Card. Inspired by our Congressional Scorecard, this report will provide a letter grade for the Governors of all 50 states. Which Governors have been supportive of reforms and which ones have stood in the way of progress? We’ll give your Governor a grade so you know exactly where your Governor stands. If you aren’t yet subscribed to our Newsletter, sign up today so you can be the first to receive the Governors Scorecard in your inbox!

Now, keep reading below to get the latest in marijuana law reform!

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.

Delaware: A September poll by the University of Delaware shows that 61 percent of residents surveyed support marijuana legalization. The survey, conducted by Princeton Survey Research Associates International on Sept. 16-28, consisted of 900 phone interviews. Last year Delaware decriminalized the possession of small amounts of marijuana, reclassifying the possession of up to one ounce of cannabis by those age 21 and over from a criminal misdemeanor, punishable by up to six months in jail and a criminal record, to a civil violation punishable by a $100 fine only — no arrest, and no criminal record.

Last week, the state’s Senate majority whip said that she would propose a bill in January to legalize marijuana for adult use in the state. We’ll have an #ActionAlert out soon so you can #TakeAction in support of this legislation.

cannabis_pillsFlorida: According to an October poll by the University of North Florida, 77 percent of respondents said they’ll vote for Amendment 2, which would expand medical marijuana access in the state. Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities. Under 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.

Massachusetts: According to a WBUR poll released this week, support for marijuana legalization is rising. Fifty-five percent of likely voters now say they favor allowing adults to use recreational marijuana, an increase of five percentage points from a similar poll performed last month. Question 4 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.

NORML Releases Updated and Revised 2016 Congressional Scorecard

FBScorecardToday is National Voter Registration Day and we are pleased to present this valuable voter education tool to the marijuana movement: NORML’s updated and revised 2016 Congressional Scorecard. The Scorecard is an all-encompassing database that assigns a letter grade of ‘A’ (the highest grade possible) to ‘F’ (the lowest grade possible) to members of Congress based on their comments and voting records on matters specific to marijuana policy.

KEY FINDINGS

Of the 535 members of the 114th Congress:

  • 330 members (62%) received a passing grade of ‘C’ or higher (270 Representatives and 60 Senators)
  • Of these, 22 members (4%) received a grade of ‘A’ (20 Representatives and 2 Senators)
  • 254 members (47%) received a ‘B’ grade (218 Representatives and 36 Senators)
  • 54 members (10%) received a ‘C’ grade (32 Representatives and 22 Senators)
  • 172 members (32%) received a ‘D’ grade (149 Representatives and 23 Senators)
  • 32 members (6%) received a failing grade (16 Representatives and 16 Senators)
  • 60 Senators (60%) received a passing grade of a C or higher (Two A’s, 36 B’s, and 22 C’s)
  • 270 Representatives (62%) received a passing grade of a C or higher (20 A’s, 218 B’s, and 32 C’s)
  • Of the 233 Democrats in Congress, 215 (92%) received a passing grade of a ‘C’ or higher
  • Of the 302 Republicans in Congress, 113 members (37%) received a passing grade of ‘C’ or higher

This analysis affirms that voters’ views on marijuana policy are well ahead of many of their federally elected officials. While the majority of Americans support legalizing the use and sale of cannabis for adults, only four percent of Congressional members voice support for this position. Approximately half (51%) of federal lawmakers favor liberalizing medical cannabis policies. However, this percentage remains far below the level of support frequently expressed by voters in state and national polls.

Also evident is that Congressional support for marijuana law reform is largely a partisan issue. While more than nine out of ten Democrats express support for some level of reform, just over one-third of Republicans hold similar positions. This partisanship lies in contrast to voters’ sentiments, which tend to view the subject as a non-partisan issue. For example, recent polls from swing states show that super-majorities of Democrats, Republicans, and Independents endorse medical marijuana legalization. Further, most Republican voters embrace principles of federalism with regard to cannabis policy. Nonetheless, Republican support for this position remains marginal among members of Congress.

HOW NORML’S CONGRESSIONAL SCORECARD IS CALCULATED

  • An ‘A’ letter grade indicates that this member has publicly declared his/her support for the legalization and regulation of marijuana for adults.
  • A ‘B’ letter grade indicates that this member supports policies specific to the legalization of medical cannabis and/or the decriminalization of cannabis.
  • A ‘C’ letter grade indicates that this member has publicly declared his/her support for the ability of a state to move forward with cannabis law reform policies free from federal interference.
  • A ‘D’ letter grade indicates that this member has expressed no support for any significant marijuana law reform
  • An ‘F’ letter grade indicates that this member expresses significant and vocal opposition to marijuana law reform

FOR MORE INFORMATION

To find NORML’s grade for a specific member of Congress, please click here for the Senate scorecard and click here for the House scorecard. NORML’s full 2016 Congressional Scorecard and Executive Summary is available online here.

NORML National Board Endorses Medical Cannabis Act in Arkansas

The test should be, “Is it better than Prohibition.” Does the proposal stop the arrest of smokers and establish a legal market where consumers can obtain their marijuana?

At our board meeting in Boson held this past Friday, in conjunction with the Boston Freedom Rally, the board voted to endorse the 2016 Arkansas Medical Cannabis Act, sponsored by the Arkansans for Compassionate Care. This initiative would establish 38 non-profit medical cannabis centers across the state, and would function like most of the standard medical use laws in effect across the country, requiring a patient to receive a written recommendation for an Arkansas licensed physician and obtain a medical use card from the state permitting them to purchase marijuana from one of the licensed dispensaries for a wide range of ailments and conditions. Or if a patient lives more than 5 miles from a licensed dispensary they would be permitted to cultivate up to six plants in a secured facility.

The attorney representing the Arkansas Medical Cannabis Act is long-time NORML Legal Committee member, John Wesley Hall from Little Rock.

 A second proposed medical use initiative has also qualified for the November ballot, proposing a Constitutional amendment permitting the medical use of marijuana (The Arkansas Medical Marijuana Amendment). This second proposal is far more restrictive than the first in terms of the list of conditions for which marijuana could be recommended, and does not permit personal cultivation. It is not clear why the sponsors wished to propose this as a Constitutional amendment, as a simple act would require a 2/3 vote by the legislature to reverse it, and our opponents do not have the support in the state legislature to accomplish that.

As a result, the NORML board felt the Aransas Medical Cannabis Act is a more consumer-friendly proposal and elected to endorse it.

 Strange Suit Filed By Misguided Attorney

Also, one misguided defense attorney, apparently acting as a surrogate for the sponsors of the Constitutional amendment, has filed suit against the Act that had previously qualified, challenging their signatures. The misguided individual alleged in her law suit that she is a NORML Legal Committee Life Member (although she did not allege that NORML has joined or supported her suit), but she does not attempt to explain why she would oppose a well-drafted medical use initiative that appears to have a good chance to be approved by the voters.

 The NORML board of directors wanted to make it clear that NORML is not involved in this suit, nor do we think it is a helpful strategy.

NORML’s Legislative Round Up September 16th, 2016

In this week’s Legislative Round Up you’ll learn about a national call to action to renew federal legislation protecting hundreds of thousands of patients and providers. In other news, the marijuana movement received support from two leading national veterans groups and several important bills were signed into law at the state level. Keep reading for the latest news in marijuana law reform.

Federal:

take_actionA federal provision limiting the Justice Department from prosecuting state-authorized medical marijuana patients and providers is set to expire at the end of this month. The provision, 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.” Please visit our #TakeAction Center to contact your federally elected officials and urge them to move quickly to reauthorize the Rohrabacher-Farr Amendment and to keep these important patient protections in place.

In other news of national significance, members of the American Legion passed a resolution to promote research on marijuana’s potential use for treating post-traumatic stress disorder and traumatic brain injury. Additionally, the group called for marijuana to be removed from it’s current Schedule I classification within the Controlled Substances Act. A second veterans group, The American Veterans (AMVETS), also recently resolved that marijuana should be made available to veterans within the VA healthcare system in every state where it is legal.

State:

Delaware: Governor Jack Markell has signed legislation, SB 181, into law permitting designated caregivers to possess and administer non-smoked medical marijuana formulations (e.g. oils/extracts) to qualifying patients “in a school bus and on the ground or property of the preschool, or primary, or secondary school in which a minor qualifying patient is enrolled.”

The measure takes immediate effect. To date, two other states — Colorado and New Jersey — impose similar legislation.

Florida: Another local municipality, New Port Richey, has approved marijuana decriminalization legislation. In a 3-2 vote, the council approved an ordinance providing police the discretion to issue a $155 civil citation in lieu of making a criminal arrest in cases involving less than 20 grams of marijuana. The New Port Richey vote mimics those of nearby municipalities Orlando and Tampa, which passed similar ordinances earlier this year and a wave of South Florida municipalities that passed similar ordinances last year. Under state law, simple marijuana possession is a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine.

thumbs_upMichigan: Lawmakers gave final approval this week to a package of bills, HB 4209/4210, HB 4827, SB 141, and SB 1014, to regulate the retail sale of medical cannabis and cannabis-infused products. The legislation licenses and regulates above-ground, safe access facilities where state-qualified patients may legally obtain medical marijuana, provides qualified patients for the first time with legal protections for their possession and use of non-smoked cannabis derived topicals and edibles, as well as cannabis-based extract products, and establishes regulations tracking the production and sale of medical marijuana products. The measures, which lawmakers had debated for the past two years, now await action by the Governor. #TakeAction

New Jersey: On September 14th, Governor Chris Christie signed legislation, A 457, into law that adds PTSD to the list of qualifying conditions eligible for medical marijuana therapy. More than a dozen states permit medical marijuana access for PTSD treatment. A retrospective review of PTSD patients’ symptoms published in 2014 in the Journal of Psychoactive Drugs reported a greater than 75 percent reduction CAPS (Clinician Administered Posttraumatic Scale) symptom scores following cannabis therapy.

The new law took immediate effect.

Tennessee: Last week the Nashville Metro Council advanced legislation providing police the option to cite rather than arrest minor marijuana offenders. Those cited would face only a $50 fine (or ten hours of community service.) Under state law, such offenses are punishable by up to one-year in prison. A final vote on the ordinance is scheduled for September 20. If you live in Nashville, consider contacting your member of the Metro Council and voicing your support for this common sense reform.

Black Rock OG Supports Cannabis Law Reform

As more and more states continue to embrace some form of legal cannabis, it’s important that we begin to examine what partnership opportunities exist among the thousands of emerging cannabis-related companies that are eager to promote their products and/or services to NORML’s vast network of cannabis consumers and advocates. But where do we begin? From marketing and public relations, to growing supplies and consumer products, the possibilities are endless.

After much consideration, NORML has decided to engage in partnerships with companies that genuinely support our organization’s mission of reforming cannabis laws on the local, state and federal level. These are companies that understand the need to invest in ending the mass incarceration of nonviolent marijuana consumers and that are committed to ending the federal prohibition of marijuana.

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With that said, please join us in welcoming Black Rock Originals as an official sponsor of NORML. Like our other partners, Black Rock Originals founders Tommy Joyce and Nick Levich, are committed to seeing the federal prohibition of cannabis come to an end. Founded in 2014, Black Rock Originals designs, markets and distributes the “Safety Case,” a discreet, travel-friendly cannabis kit for the modern consumer. From rolling and smoking to vaporizing and dabbing, their convenient kit has all the essentials a cannabis consumer would need while on the go.

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“I believe it’s imperative for both companies and consumers in the cannabis space to vote with their dollar. Consumers have the power to educate themselves and support cannabis businesses who are positively impacting the industry’s legalization efforts, and in turn, that revenue can be allocated to supporting the critical reform efforts our fledgling industry needs,” Tommy said. “ We pride ourselves on providing a high level of service with an emphasis on transparency and education – two values that the cannabis industry has traditionally struggled to embrace.”

Through the support of responsible cannabis-related companies like Black Rock Originals that believe in NORML’s mission, we will be able to continue and expand our efforts to end the war on responsible cannabis consumers.

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To learn more about the team behind Black Rock Originals or to order your Safety Case, please visit BlackRockOg.com by clicking, here!

Increasing number of US adults using marijuana as fewer people perceive the drug as harmful

An increasing number of US adults are using marijuana, as fewer people perceive the drug as harmful, according to a survey of over 500000 US adults conducted between 2002 and 2014. As marijuana has become increasingly potent over the past decade, the authors say that the findings suggest the need for improved education and prevention messages regarding the risks of marijuana.

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