Missouri: Marijuana Medicalization Effort Reaches Signature Milestone

namlogoblueProponents of a Missouri voter initiative effort to legalize and regulate the therapeutic use and distribution of cannabis statewide have gathered over 50,000 signatures over the past several weeks. Advocates must collect a total of 160,000 signatures by May 6, 2018 in six of Missouri’s eight congressional districts in order to qualify the measure for the 2018 electoral ballot.

The initiative permits patients, at the discretion of a physician, to cultivate limited quantities of marijuana or to obtain cannabis and cannabis-infused products from licensed facilities.

The group behind the effort, New Approach Missouri, includes members of both national NORML as well as its state and local affiliates. To date, the signature gathering effort has largely consisted of volunteers.

Proponents sought to place a similar effort on the 2016 ballot. That effort failed after the courts upheld the decision of St. Louis-area election authorities to reject some 2,000 signatures in the state’s second Congressional district.

Marijuana law reform advocates are also presently gathering signatures for voter-initiated efforts in Michigan and Utah. A statewide initiative legalizing the use of medical marijuana in Oklahoma has already qualified for the 2018 electoral ballot.

Michigan: Legalization Coalition Effort Reaches Signature Milestone

legalization_pollProponents of Michigan voter initiative effort to legalize and regulate the personal use and retail sale of cannabis statewide has gathered over 100,000 signatures in the past six weeks. Advocates must collect a total of 252,523 valid signatures from registered voters by mid-November in order to qualify the measurethe Michigan Regulation and Taxation of Marihuana Act — for the 2018 electoral ballot.

The initiative permits those over the age of 21 to possess and grow personal use quantities of cannabis and related concentrates, while also licensing activities related to the commercial marijuana production and retail marijuana sales.

The coalition behind the effort, The Coalition to Regulate Marijuana Like Alcohol, is partnership between the Marijuana Policy Project, the ACLU of Michigan, the Drug Policy Alliance, the National Patients Rights Association, Michigan NORML, MI Legalize, the Michigan Cannabis Coalition, and lawyers from the State Bar of Michigan Marijuana Law Section.

Proponents sought to place a similar measure on the Michigan ballot in 2016. That effort was ultimately turned back when lawmakers imposed and the courts upheld new rules limiting the time frame during which signatures could be collected.

Marijuana law reform advocates are also presently gathering signatures for voter-initiated efforts in Missouri and Utah. A statewide initiative legalizing the use of medical marijuana in Oklahoma has already qualified for the 2018 electoral ballot.

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.”

Michigan NORML Joins Fight to Legalize Marijuana in 2018

11926482_725769350861687_111475490193713040_oMarijuana activists across Michigan are gearing up for a renewed effort to legalize marijuana for adults 21 and up. Last week the Coalition to Regulate Marijuana Like Alcohol took the first steps to qualify their new proposal for the 2018 ballot by formally submitting language to the State of Michigan for review.

If passed by voters, adults 21 and up will be able to legally possess 2.5 ounces of marijuana, and grow up to 12 marijuana plants in their residence. For retail sales, a 10 percent tax will be applied. Tax revenues are expected to be used for schools, roads, enforcement costs and a unique study that will examine the use of medical marijuana to prevent veteran suicides.

If you’ve been following legalization efforts in Michigan, you’re probably aware that advocates pushed for a similar initiative in 2016. However after collecting more than 350,000 signatures – more than enough to qualify for the ballot – Governor Rick Snyder signed legislation that disqualified the measure from the ballot, a decision the state appellate courts let stand.

This changed everything. Organizers of the effort quickly went from having more than enough signatures to needing over 100,000 to make the ballot. However, refusing to accept defeat, many involved in the campaign quickly regrouped and shifted their focus to the 2018 ballot.

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With the backing of Michigan NORML, the Marijuana Policy Project, MI legalize, Drug Policy Alliance, the National Patients Rights Association, the Michigan Cannabis Coalition and several others, campaign organizers and volunteers are confident they now have the resources and support needed to be successful.

Michigan NORML is pleased to have been included in negotiations over the language filed in Michigan by the Committee to Regulate Marijuana Like Alcohol. The initiative includes best practices from around the country,” said Matthew Able, executive director of Michigan NORML. “We expect to collect the necessary 253,000 signatures over the next six months, and look forward to approval by the Board of Canvassers so that we may begin the petitioning process.”

If approved, Michigan will become the ninth state to legalize marijuana for adults 21 and up following Colorado, Alaska, California, Oregon, Maine, Massachusetts, Nevada and Washington.

TAKE ACTION: Contact federal lawmakers to demand an end to the federal prohibition of marijuana by supporting HR 1227.

Click here to get started!

For future updates on marijuana law reform efforts in the Wolverine State, follow Michigan NORML by visiting their website and Facebook page! To make a donation or to join Michigan NORML, please click here!

Arizona: Appellate Court Strikes Down Law Banning Medical Marijuana On Campus

Marijuana and the LawAn Arizona appellate court has ruled that a 2012 state law prohibiting the use of medical cannabis on college campuses is unconstitutional. Lifetime NORML Legal Committee member Tom Dean represented the patient-defendant in the case pro bono.

Arizona voters in 2010 narrowly approved a statewide initiative, the Arizona Medical Marijuana Act (AMMA), permitting qualified patients to possess and use medicinal cannabis. The Court determined that the legislature’s decision to later amend the law in order to restrict medical marijuana use on college campuses does not “further the purpose” of the 2010 law and therefore must be struck down.

“By enacting A.R.S. § 15-108(A), the Legislature modified the AMMA to re-criminalize cardholders’ marijuana possession on college and university campuses,” the Court opined. “The statute does not further the purposes of the AMMA; to the contrary, it eliminates some of its protections.”

The Court argued that campuses and university possess the authority to enact their own individual policies restricting medical cannabis use, but that lawmakers can not do so.

The decision overturned a medical-marijuana card holder’s 2015 felony conviction for the possession of a small quantity of cannabis while attending Arizona State University.

The Arizona Attorney General’s Office has not yet publicly stated whether they intend to appeal the ruling to the state Supreme Court.

Kansas City Voters to Weigh in on Decriminalization Measure – Yes on 5

After more than a year of negotiations with city officials, and countless hours cultivating support for a ballot measure aimed at decriminalizing certain amounts of marijuana, members of Kansas City NORML will finally have a chance to hear from voters on the issue. Next Tuesday, April 4, 2017, Kansas City voters will weigh in on Question 5. If approved, the measure will amend local laws regarding the possession of up to 35 grams of marijuana for adults age 21 and older from a criminal misdemeanor, punishable by up to six months in jail and a $1,000 fine, to a civil offense punishable by a $25 fine — no arrest made or criminal record imposed.

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“The main objective of this initiative is to eliminate jail time and reduce the current penalties for marijuana possession in our city. By voting Yes on 5, individuals caught possessing 35 grams or less of marijuana or marijuana products shall receive a maximum fine of $25,” said Jamie Kacz, executive director of Kansas City NORML. “We have received an outpouring of support from voters across Kansas City who are ready for change and no longer want to see their loved ones suffer for marijuana possession.”

A recent poll by Remington Research Group revealed that 56% of likely Kansas City voters currently support Question 5. With less than a week before polling locations are scheduled to open, this is certainly encouraging news for proponents of the measure.

“This is promising because the survey was done using landlines, which means that it was likely an older demographic weighing in on the issue,” added Jessica Kelly, who serves on the Board of Directors for Kansas City NORML. “Typically, younger demographics tend to vote in favor of marijuana reform, so this shows a good chance of the initiative passing with the support of both older and younger demographics.”

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If passed by voters, Kansas City will join a growing list of cities around the country that have adopted a more pragmatic approach for dealing with marijuana-related offenses on the local level. Houston, Memphis, Nashville, Tampa, Orlando, Milwaukee, Monona, Toledo, Philadelphia, Pittsburgh and several others have decriminalized the possession of small amounts of marijuana.

For more updates on Question 5 or local reform efforts, follow KC NORML by visiting their website and on Facebook and Twitter! Additionally, you can click here to find your polling location.

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!

NORML Chapters Organize State Lobby Days for Marijuana Law Reforms

chapter_spotlightOn the heels of the 2016 election – where four states voted to approve adult-use marijuana initiatives, and four more voted to approve medical marijuana initiativesNORML Chapters across the country are lobbying their state legislators for additional reforms. In the coming weeks, NORML Chapters around the country, such as California NORML, Connecticut NORML, Wyoming NORML, and Virginia NORML, will be focusing their time and energy in support of dozens of statewide reform bills seeking to amend various aspects of their state’s marijuana policies.

To help increase the likelihood of success for these volunteer-led lobbying efforts, NORML has created a citizen lobby guide. This comprehensive booklet will assist activists in planning and execution of a successful lobby day. It also provides organizational checklists and a legislative questionnaire so that marijuana activists, regardless of the state they’re located in, will be fully prepared to meet with state lawmakers to discuss meaningful marijuana law reforms and to most effectively communicate NORML’s message of ending the prohibition of marijuana on the local, state and federal level.

Citizen Lobby Guide: http://norml.org/pdf_files/NORML_CitizenLobbyGuide.pdf

In addition to offering support through NORML’s Citizen Lobby Guide, we have created more than 30 action alerts targeting state lawmakers across the country urging their support for marijuana legislation being considered in their state. Simply click on the link below and enter your information to join the fight!

take_actionTake Action: http://norml.org/act

We hope that with these tools, along with the direct support of NORML staff, marijuana activists will have the resources needed to effectively lobby state lawmakers in support of marijuana law reforms.

 

Here’s a list of scheduled NORML Chapter Lobby Days below:

  • Virginia NORML – Jan 30
  • Arizona NORML – Feb 2
  • Texas NORML – Feb 8
  • Houston NORML – Feb 8
  • DFW NORML – Feb 8
  • Waco NORML – Feb 8
  • New Mexico – Feb 21
  • Missouri NORML – Feb 28
  • Kansas City NORML – Feb 28
  • Greater St. Louis NORML – Feb 28
  • Mid-Missouri NORML – Feb 28
  • Springfield NORML – Feb 28
  • University of Missouri NORML – Feb 28
  • North Carolina NORML – Mar 1
  • Charlotte NORML – Mar 1
  • Denver NORML – Mar 7
  • Colorado NORML – Mar 7
  • Monterey County NORML – Mar 7
  • NORML Women of Washington – Mar 7
  • Washington NORML – Mar 7
  • Portland NORML – Mar 7
  • Michigan NORML – March 30
  • Illinois NORML – May 17

To get involved or to find out more information about a lobby day in your state, please email: KevinM@NORML.org.

Humboldt County Cup Forced to Move by Police

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

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

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

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

Maine: Recount Effort Halted, Question 1 Victory Stands

Maine Yes on 1The group opposing Maine’s marijuana legalization initiative has withdrawn its recount effort.

Last month, representatives from ‘No on 1’ requested a recount of the vote totals specific to Question 1: The Marijuana Legalization Act. On Saturday, the campaign conceded that the recount would not impact the Election Day result, which estimated Question 1 winning by slightly over 4,000 votes.

The measure is now expected to be enacted 30 days after Gov. Paul LePage affirms the result.

The Act permits adults who are not participating in the state’s medical cannabis program to possess personal use quantities of marijuana (up to two and one-half ounces and/or the total harvest produced by six plants). The measure also establishes regulations for the commercial cultivation and retail sale of cannabis to adults. Regulations governing marijuana-related businesses are scheduled to be in place by August 8, 2017.

Speaking live on WGAN radio last week, Gov. LePage criticized the measure, stating, “If there was ever a bill that the legislature should just kibosh, that’s it.” The Governor further suggested increasing the retail sales tax rates associated with the measure, as well as abolishing the state’s medical cannabis program, which has been in place since 1999.

Maine: Legalization Opponents File Petitions Challenging Election Day Vote

Maine Yes on 1Marijuana legalization opponents in Maine are formally challenging the results of Question 1: The Marijuana Legalization Act, a statewide ballot initiative that received slightly over 50 percent of the vote on Election Day.

Legal counsel for the No on 1 campaign today turned in petitions to the Secretary of State’s office formally requesting a recount. If the recount goes forward, the process is expected to take approximately 30 days and cost taxpayers nearly $500,000.

If the vote is upheld, the measure will become law by January 7, 2017.

The Act permits adults who are not participating in the state’s medical cannabis program to possess personal use quantities of marijuana (up to two and one-half ounces and/or the total harvest produced by six plants). The measure also establishes regulations for the commercial cultivation and retail sale of cannabis to adults. Regulations governing marijuana-related businesses are scheduled to be in place by August 8, 2017.

Voters Approve Montana Medical Marijuana Initiative

Marijuana medicineAccording to the Associated Press, voters in Montana have approved Initiative 182, the Montana Medical Marijuana Initiative. The Associated Press’s final vote count is 58 to 42 percent. 

“This decision restores the rights of patients and providers,” said NORML Deputy Director Paul Armentano. “Voters were clear in 2004 when they initially enacted the state’s medical law, and they remain resolved in their opinion that state lawmakers ought not to restrict patients access to medical cannabis.”

I-182 expands the state’s medical marijuana laws. It permits licensed medical marijuana providers to serve more than three patients at one time and allows for providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. It removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state.

The new law takes effect on June 30, 2017. You can read the full text of the initiative here.

Congratulations Montana!

NORML’s 2016 LIVE Election Coverage

It’s Election Day and there is no more important day if you are a marijuana consumer or a legalization supporter. Voters in an unprecedented nine states are deciding on statewide ballot measures to legalize and regulate marijuana use.

Adult Use Ballot Initiatives


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