SMART Bill Reintroduced in Congress

Congresswoman Suzan DelBene (D-WA-1)

Congresswoman Suzan DelBene (D-WA-1)

Congresswoman Suzan DelBene (D-WA-01) has reintroduced the State Marijuana And Regulatory Tolerance (SMART) Enforcement Act (H.R. 3534). This bill prohibits state-sanctioned marijuana consumers and businesses from being prosecuted by the federal government.

By a margin of more than 6 to 1, Americans say that individual states should be able to make their own laws governing the use and sale of marijuana. The SMART Enforcement Act acknowledges this voter sentiment while also ensuring states are operating in a safe and responsible manner.

In a prepared statement, Congresswoman DelBene says that her legislation “will fix the conflict between state and federal law by giving states effectively regulating marijuana themselves, such as Washington, a waiver from the Controlled Substances Act. It also resolves the banking issues currently forcing dispensaries to operate on an unsafe, all-cash basis. These waivers will ensure people in states that have different laws than the federal government on marijuana are protected from prosecution, provided they meet certain requirements, as more and more states work to regulate marijuana within their own borders.”

Legislation similar to this is pending in California, Assembly Bill 1578, to try and limit potential federal interference in the state’s marijuana regulatory laws. As Congresswoman DelBene said, “People in these states should not live in fear of the unpredictable actions of the Attorney General and Department of Justice.”

Click HERE to urge your Representatives to support this legislation.

80 Years Ago Today: President Signs First Federal Anti-Marijuana Law

norml_remember_prohibition2Eighty years ago today, on August 2, 1937, President Franklin Roosevelt signed House Bill 6385: the Marihuana Tax Act into law. The Act for the first time imposed federal criminal penalties on activities specific to the possession, production, and sale of cannabis.

Congress’ decision followed the actions of 29 states, beginning with Massachusetts in 1914, that had previously passed laws criminalizing the plant over the prior decades. It also followed years of ‘Reefer Madness,’ during which time politicians, bureaucrats (led primarily by Federal Bureau of Narcotics Director Harry Anslinger), reporters, and science editors continually proclaimed that marijuana use irreparably damaged the brain. A 1933 editorial in the Journal of Criminal Law and Criminology largely summarized the sentiment of the time, “If continued, the inevitable result is insanity, which those familiar with it describe as absolutely incurable, and, without exception ending in death.”

On April 14, 1937, Rep. Robert L. Doughton of North Carolina introduced HR 6385, which sought to stamp out the recreational use of marijuana by imposing a prohibitive federal tax on all cannabis-related activities. Members of Congress held only two hearings to debate the merits of the bill, which largely relied on the sensational testimony of Anslinger — who opined, ”This drug is entirely the monster Hyde, the harmful effect of which cannot be measured.” Over objections from the American Medical Association, whose representatives opposed the proposed federal ban, members of the House and Senate overwhelmingly approved the measure by voice votes.

President Franklin Roosevelt promptly signed the legislation into law and on October 1, 1937, the Marihuana Tax Act officially took effect — thus setting in motion the federal prohibition that continues to this day.

0 years of failure. Click here to urge federal leadership to support The Marijuana Justice Act of 2017 in the US Senate and click here to support The Ending Federal Marijuana Prohibition Act of 2017 in the US House of Representatives.

Senate Committee Passes Amendment To Protect Medical Marijuana

Senator Patrick Leahy

Senator Patrick Leahy

Today, Senator Patrick Leahy (D-VT) successfully offered and passed the Rohrabacher-Blumenauer amendment in the Senate Appropriations Committee to protect lawful medical marijuana programs from the Department of Justice.

Initially enacted by Congress in 2014, the amendment maintains that federal funds cannot be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” Last August, the Ninth Circuit Court of Appeals unanimously ruled that the language bars the federal government from taking legal action against any individual involved in medical marijuana-related activity absent evidence that the defendant is in clear violation of state law.

The decision to reauthorize the Rohrabacher-Blumenauer amendment language by the Senate committee illustrates both compassion and common sense when it comes to marijuana policy. Now, the majority of states and over 90 percent of the public approves of the use of marijuana as a medicine and Congress should not stand in the way of these reforms.

Whether or not the House of Representatives will take a vote on the amendment is unclear. They did not include its language in the version of the 2018 Commerce, Justice, Science (CJS) bill that passed the House Appropriations Committee earlier this month. Last year, the amendment passed on the floor of the House by a vote of 242-186.

Although the amendment was reauthorized by Congress in May as part of a short term spending package, US Attorney General Jeff Sessions has been aggressively lobbying leadership to ignore the provisions. President Trump also issued a signing statement objecting to the Rohrbacher-Blumenauer provision.

You can send a message to your Representative to support this language in the House by clicking HERE. 

 

Vote Expected Tomorrow On Medical Marijuana

Medical marijuanaTomorrow, the Senate Appropriations Committee will have to decide: Will they protect our nation’s 2 million lawful medical marijuana patients or subject them to the wrath of Attorney General Jeff Sessions?

The amendment they will be debating, known as Rohrabacher-Blumenauer, simply prevents the United States Department of Justice from spending any of our tax dollars enforcing federal marijuana prohibition against the 30 states which have now, or are in the process of, implementing a medical cannabis system.

Tell your Senators to protect patients by supporting the Rohrabacher-Blumenauer Amendment

There is NO moral reason to punish qualified patients and veterans from accessing marijuana for its therapeutic effects. Recently released data has revealed that the enactment of medical cannabis access is associated with lower rates of opioid abuse and mortality, and does not negatively impact workplace safety, teen use rates, or motor vehicle safety.

Yet, in a letter to members of Congress on May 1, Sessions demanded the end of Rohrabacher-Blumenauer, citing: “The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.”

This is the delusional leadership we have coming out of the Justice Department. A man who equates those suffering from PTSD, cancer, AIDS, and other dire medical conditions to members of violent drug cartels.

We cannot allow Jeff Sessions to be the only one communicating with Congress. SEND A MESSAGE TO YOUR SENATORS NOW.

New Hampshire: Marijuana Decriminalization Measure Signed Into Law

thumbs_upRepublican Gov. Chris Sununu signed legislation today decriminalizing minor marijuana possession offenses.

House Bill 640, which takes effect in 60 days, eliminates criminal penalties for the possession of up to 3/4 of an ounce of cannabis and/or up to five grams of hashish for those age 18 or older. Under the new law, first time offenders will receive a civil violation punishable by a $100 fine.

Presently, first-time marijuana possession is punishable by up to one year in prison, a potential $2,000 fine, and a criminal record.

New Hampshire will soon join the chorus of states that recognize the baseline level of dignity for it’s citizens and tourists who choose to consume marijuana,” said Justin Strekal, NORML Political Director. “Soon, throughout New England, individuals will be able to freely travel without the threat of jail time for possession of marijuana.”

New Hampshire is the only New England state that presently treats minor possession offenses as a criminal offense.

Tell the Senate to Expand Veterans’ Access to Medical Cannabis

Medical marijuana

 

Update: The Senate Appropriations Committee voted 24-7 to include the amendment as part of the 2018 MilCon-VA bill. It is expected that an identical amendment will be introduced in the future in the House. 

This Wednesday, July 12th, members of the Senate Appropriations Committee will convene to discuss the Military Construction, Veterans Affairs and Related Agencies Appropriations bill. This legislative debate provides lawmakers with the opportunity to expand much needed medical marijuana access to our nation’s veterans.

Presently, V.A. doctors in states where cannabis therapy is permitted are forbidden from providing the paperwork necessary to complete a medical cannabis recommendation, thus forcing military veterans to seek the advice of a private, out-of-network physician. This issue can be solved by the approval of the Veterans Access Amendment, which ends these cruel and unnecessary restrictions on V.A. doctors and their patients.

Send a message to your Senators NOW demanding equal access for veterans.

Last year, majorities in both the US House and Senate voted to include similar language as part of the Fiscal Year 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations bill. However, Republicans sitting on the House Appropriations Committee elected to remove the language from the bill during a concurrence vote. We must not allow a similar outcome again this year.

Veterans are increasingly turning to medical cannabis as an effective alternative to opioids and other conventional medications to treat conditions like chronic pain and post-traumatic stress. A retrospective review of patients’ symptoms published in 2014 in the Journal of Psychoactive Drugs reported a greater than 75 percent reduction on a scale of post-traumatic symptom scores following cannabis therapy. This is why, in recent months, two of the largest veterans’ rights groups — AMVETS and the American Legion —  have resolved in favor of patients’ access to cannabis therapy.

Our veterans deserve the option to legally access a botanical product that is objectively safer than the litany of pharmaceutical drugs it could replace.

Write your Senator RIGHT NOW and urge them to support the Veterans Equal Access Amendment!

Thanks for all you do,
The NORML Team

P.S. Have you gotten your ticket for the 2017 NORML D.C. Conference and Lobby yet? Click here to register and come to Washington, DC September 10th-12th. 

Vermont: House Blocks Marijuana Depenalization Bill From Further Consideration

marijuana_seedlingMembers of the Vermont House of Representatives decided late last night to block a marijuana depenalization measure, H. 511, from further consideration this legislative session.

The vote came after Senate members approved the bill, which eliminated civil and criminal penalties for the private possession and cultivation of small quantities of marijuana. Republican Gov. Phil Scott – who had vetoed an earlier version of the bill in May – had also recently expressed his support for the revised legislation.

Further action on the bill during this week’s special veto session required the votes of three-quarters of the House. But only a majority voted to take action on the bill, with almost all Republican House members voting ‘no.’

If enacted, the bill would have permitted adults to legally possess up to one ounce of cannabis and to grow up two mature plants at home.

Online Debate: NORML Versus Project SAM

personal_cultivationThe Asbury Park Press and other Gannett newspaper affiliates, including USA Today, published a fairly extensive online debate on Sunday between myself and Project SAM co-founder Kevin Sabet under the header “Should We Make Marijuana Legal?”

I respond to numerous alarmist claims throughout the interview, including allegations that regulating the adult use of cannabis send s mixed message to youth, leads to increased use by young people, that cannabis is a gateway drug, and even the notion that marijuana prohibitionists are out-funded by reform advocates (as if)!

Here’s an excerpt:

Gov. Christie, who has consistently opposed legalization of marijuana, contends pot is a so-called gateway drug, that people who use pot will eventually graduate to harder, more dangerous substances. The Centers for Disease Control and Prevention says it hasn’t found a definitive answer on that question yet. What is your position and what are the most definitive studies you can cite to bolster it?

Armentano: It is time for politicians to put to rest the myth that cannabis is a gateway to the use of other controlled substances — a theory that is neither supported by modern science or empirical data.

More than 60 percent of American adults acknowledge having tried cannabis, but the overwhelming majority of these individuals never go on to try another illicit substance. And by the time these individuals reach age 30, most of them have significantly decreased their cannabis use or no longer indulge in the substance at all. Further, nothing in marijuana’s chemical composition alters the brain in a manner that makes users more susceptible to experimenting with other drugs. That’s why both the esteemed Institute of Medicine and the RAND Corporation’s Drug Policy Research Center conclude, “Marijuana has no causal influence over hard drug initiation.”

By contrast, a growing body of evidence now exists to support the counter notion that, for many people, cannabis serves as a path away from the use of more dangerous substances — including opioids, alcohol, prescription drugs, cocaine and tobacco.

You can read and comment on the entire online debate here.

If you are a New Jersey resident, you can also take action in support of marijuana law reform in the Garden State here.

Weekly Legislative Update 5/20/17

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

This year, it seems that multiple states are vying for the honor of becoming the first state to legalize marijuana through the legislative process and four of them had movement this week. Ranked most-to-least likely, here is the action we saw in the last 7 days:

Vermont: S. 22, to eliminate civil and criminal penalties specific to the possession and cultivation of personal use quantities of marijuana by adults has been transmitted to Governor Phil Scott.

If signed or simply ignored, (aka not vetoed by the Governor), the measure will legalize the possession of up to an ounce of marijuana, and the cultivation of two mature marijuana and four immature plants in a private residence beginning July 1, 2018. The Act will become law in lieu of action by the Governor Wednesday due to the procedural processes of the Vermont.

Connecticut (tied for 2nd): Senate and House Democrats are lobbying for provisions to permit the retail sale of marijuana to adults as a way to address the state’s estimated $5 billion budget gap. The proposal would initially permit state-licensed dispensaries to sell cannabis to non-patients, and then establish regulations to oversee the establishment of commercial producers and retailers.

The proposed plan is estimated to yield about $60 million in additional revenue for the state next fiscal year, and $180 million by 2018-19.

Rhode Island (tied for 2nd): Members of the House Judiciary Committee unanimously advanced H. 5551 to create a study commission on May 17, but failed to call H. 5555 The Adult Use of Cannabis Act for a vote. The study bill now awaits action on the House floor while H. 5555 is likely dead for this session. Yet several lawmakers are now working on a compromise approach which would enact several provisions of legalization similar to Vermont this year and then let decisions on issues like edibles, product testing, business licensing and local opt-out be triggered by a study commission’s recommendations.

New Jersey (distant 4th): Legislation has been introduced by State Sen. Nicholas Scutari to legalize and regulate the adult use, production, and retail sale of marijuana. Yet in his last year as Governor, Chris Christie has made it clear that he will not sign such legislation, however it does position the Garden State well to pass legalization next year as Gov. Christie is term-limited out.

At the Federal level, in the House, Representatives  Mike Coffman (R-CO) and Diana DeGette (D-CO) have introduced The Respect States and Citizens’ Rights Act of 2017, HR 2528, which would protect states that have ended prohibition at the state level from federal interference. This bill is substantially similar to that of HR 965, the bipartisan Respect State Marijuana Laws Act introduced by Rep. Dana Rohrabacher (R-CA).

Additionally, the bipartisan Senate version of the SAFE Banking Act was introduced to allow marijuana businesses access to basic banking services.

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
Respect State Marijuana Laws: On May 18, Representatives Mike Coffman (R-CO) and Diane DeGette (D-CO) introduced HR 2528, The Respect States and Citizens’ Rights Act of 2017.

Click here to send your member of Congress a message to support the bill. 

Bank Safely: Currently, banks face the threat of federal sanction for working with marijuana-related businesses and entrepreneurs. The SAFE Banking Act (Secure and Fair Enforcement Banking Act) would extend protections to banks from the federal government, thus allowing responsible businesses access to basic banking services.

Click here to send both your Senators and Representative a message to support these measures.

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

Connecticut
Senate and House Democrats are lobbying for provisions to permit the retail sale of marijuana to adults as a way to address the state’s estimated $5 billion budget gap.

CT resident? Click here to send a message to your lawmakers in support of legalization.

Nevada
Senate legislation is pending, SB 236, introduced by Sen. Tick Segerblom 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: SB236 passed out of the Assembly Government Operations Committee on May 16.

NV resident? Click here to send a message to your lawmakers in support of marijuana social clubs.

New Jersey
Legislation has been introduced by State Sen. Nicholas Scutari to legalize and regulate the adult use, production, and retail sale of marijuana.

According to a 2015 Rutgers-Eagleton poll, nearly six in ten New Jersey adults support “legalizing, taxing, and regulating marijuana for adults 21 and over.” Similar percentages of voters through the country also endorse legalization.

NJ resident? Click here in support of legalization in the Garden State

Rhode Island
Several lawmakers are now working on a compromise approach which would enact several provisions of legalization similar to Vermont this year and then let decisions on issues like edibles, product testing, business licensing and local opt-out be triggered by a study commission’s recommendations.

RI resident? Click here to send a message to your lawmakers in support of legalization

Vermont
S. 22, to completely depenalize marijuana, was transmitted to the Governor on May 18. Governor Phil Scott has until the end of Wednesday May 24 to either sign or veto the legislation, and should he not act, the bill will go into effect by default.

VT resident? Click here to send a message to Governor Scott in support of legalization

Other Actions to Take

Delaware
Senate Bill 24 has been introduced by Senate Majority Leader Margaret Rose Henry to make it easier for those suffering from PTSD to obtain their medicine.

 

DE resident? Click here to send a message to your lawmakers in support of those with PTSD

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 express your support for these measures to your lawmakers.

 

 

 

 

Weekly Legislative Update 5/13/17

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

So much to talk about this week, so let’s start with our favorite villain, Attorney General Jeff Sessions. This week, Sessions superseded the 2010 Holder Memo, regarding DOJ’s policy on charging and sentencing decisions – establishing what I like to now refer to as The Sessions Doctrine, in which he directed the the thousands of assistant U.S. attorneys to pursue “the most serious offenses are those that carry the most substantial guidelines sentence, including mandatory minimum sentences.”

NPR reports:

Holder had asked prosecutors to avoid slapping nonviolent drug offenders with crimes that carried mandatory minimum sentences, practices that, as NPR’s Tamara Keith explains, “give judges and prosecutors little discretion over the length of a prison term if a suspect is convicted.” Holder’s recommendation had been aimed partly at helping reduce burgeoning prison populations in the U.S.

Now, if prosecutors wish to pursue lesser charges for these low-level crimes, they will need to obtain approval for the exception from a U.S. attorney, assistant attorney general or another supervisor.

 

This is yet another clear example of the Trump administrations escalation the failed War on Drugs.

On a much brighter note, things moved quite a bit at the state level in 3 key battles.

Delaware: Members of the House Revenue and Finance Committee voted 7 to 2 on May 10 to move HB 110 to the House floor. Because the measure seeks to amend criminal penalties, it requires a two-thirds majority from House members to move to the Senate for further consideration. The vote marks the first time the “1st State” that lawmakers have ever approved legislation seeking to legalize and regulate the adult use marijuana market.

Iowa: In a last minute deal by Iowa state lawmakers and signed by the Govenor, an amended version of HF 524 is now the law of the land. The measure expands the state’s existing CBD exemption law, which was set to sunset this year, and expands it. Specifically, HF 524 permits patients with various qualifying conditions, Parkinson’s disease, cancer, multiple sclerosis, seizures, AIDS and HIV, Crohn’s disease and Amyotrophic Lateral Sclerosis, to possess CBD with up to 3% THC. The bill also seeks to establish regulations for the manufacturing and dispensing of CBD products within the state.

New Hampshire: Members of the Senate on May 11 voted 17 to 6 in favor of HB 640, to decriminalize marijuana in “The Granite State.” Because the Senate amended the bill’s language, it must return to the House for a concurrence vote, where it is expected to easily pass. Once reconciled, the bill goes to Governor Sununu, who has time and again affirmed his support for decriminalization.

Vermont: S. 22, to eliminate civil and criminal penalties specific to the possession and cultivation of personal use quantities of marijuana by adults has been passed by the Vermont legislature.

If not vetoed by the Governor, the measure would legalize the possession of up to an ounce of marijuana, and the cultivation of two mature marijuana and four immature plants in a private residence.

Vermont would become the first state to completely depenalize the simple possession and cultivation of marijuana by the legislative process, thus breaking a stigma for legislators throughout the country.

Unfortunately, in Texas, while we saw historic process to both establish a medical marijuana program and decriminalize the plant in the state, our efforts came up short this year as the deadline for floor votes came and past on Thursday.

Texas NORML organized in a heroic fashion and I must give a special shoutout to their Executive Director Jax Finkel for all of her hard work and diligence. Never has the Lone Star state been so close on moving sane marijuana reform policy forward and we will now must build upon the tremendous momentum generated this year to achieve victories in the next legislative session. You can support Texas NORML’s work by clicking here. 

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

Delaware
House floor vote pending for marijuana legalization legislation, HB 110. The measure establishes a regulated commercial market for cannabis cultivation and retail sales, but does not permit unlicensed, home cultivation.

DE resident? Click here to send a message to your elected officials to support legalization!

New Hampshire
Decriminalization legislation is on its way to the Governor.

NH resident? Send him a note thanking him for his support. 

Vermont
Legislation to eliminate adult use marijuana penalties and study legalization sent to Governor.

VT resident? Send a message to Gov. Scott now and call his office at (802) 828-3333

Other Actions to Take

Alaska
State officials in Alaska are considering legislation, HJR 21, to urge the federal government to restrain from interfering in state marijuana laws.

HJR 21 urges the current Administration to respect previous federal arrangements in regard to state laws and to continue a policy of allowing legalized states autonomy.

The bill points to several reasons that Alaska would be harmed by a federal crackdown, ranging from economic ramifications to the confusion of law enforcement officers; federal enforcement would ultimately have negative results.

AK resident? Click here to urge your lawmakers to stand up for Alaskans.

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: Read third time and amended on May 8. Ordered to third reading.

CA resident? Click here to urge your lawmakers to protect legal marijuana in your state. 

Hawaii
Legislation to expand Hawaii’s medical cannabis program has passed both legislative chambers.

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 send a message to the Governor urging them to sign the legislation. 

New Jersey
New Jersey Governor Chris Christie recently made public statements calling the notion of regulating adult marijuana use “beyond stupidity.”

Yet, according to a 2015 Rutgers-Eagleton poll, nearly six in ten New Jersey adults support “legalizing, taxing, and regulating marijuana for adults 21 and over.” Similar percentages of voters through the country also endorse legalization.

NJ resident? Click here to help us educate the Governor and his staff to the facts on marijuana.

New Hampshire: Decriminalization Passes Senate, Soon Heads To Governor To Sign

arrestedNew Hampshire is the only New England state that has not either decriminalized or legalized adult marijuana use but that is soon to change.

Today, the state Senate passed an amended version of House Bill 640, which eliminates the threat of jail time for a possession conviction of less than 3/4 of an ounce and reduces the fine from $350 to $100.

HB 640 is a long overdue, fiscally sensible proposals that is supported by the voters, and that will enable police, prosecutors, and the courts to reallocate their existing resources toward activities that will better serve the public.

Governor Chris Sununu (R) has indicated that he will sign the bill.

Sixty-eight percent of New Hampshire adults support “legalizing [the] possession of small amounts of marijuana for personal recreational use,” and seventy-four percent of respondents endorse marijuana being sold at state-licensed outlets and taxed in a manner similar to alcohol.

After years of stonewalling by former leadership, we commend lawmakers for finally correcting this injustice. Once law, Granite state residents will be one step closer to being able to truly ‘Live Free’ and not just ‘live free, but potentially be incarcerated.

Historic: Decriminalization is Scheduled to Be Heard on the Texas House Floor

Texas-NORMLOn May 11, new ground will be broken in Texas politics and the marijuana movement.

HB 81, to decriminalize marijuana from jail time to a simple ticket, will be heard by the full Texas House.

This is unprecedented as sensible sentencing reform has not been debated from the house floor since 1973, , when Texas changed their laws to their current state (previously, you could face life in jail for small amounts of possession).

Are you a TX resident? Contact your lawmakers RIGHT NOW and urge them to support HB 81.

Know people in Texas? Send them this information and have them contact their lawmakers.

“This bill is about good government and efficient use of resources,” said Rep. Joe Moody, sponsor of HB 81, “Arrests and criminal prosecutions of low-level marijuana cases distract law enforcement and prosecutors, leaving fewer resources for violent crime.”

You can read more about the effort from Texas NORML and support their work  here.

 

 

Nevada: Retail Marijuana Sales To Begin This July

thumbs_upNevada regulators have approved rules to allow for the expedited sales of cannabis to adults.

Members of the Nevada Tax Commission voted 6 to 1 on Monday to license select medical dispensaries to engage in retail sales of non-medical cannabis. Dispensaries in good standing with the state will be able to apply for “early start” licenses on May 15. Those facilities who are approved by state regulators will be able to engage in adult use marijuana sales on July 1.

A majority of voters decided last November in favor of The Regulation and Taxation of Marijuana Act, a voter-initiated measure regulating the commercial marijuana market. Provisions in the law eliminating criminal penalties regarding the personal possession of personal use quantities of cannabis took effect on January 1, 2017. Separate provisions in the measure regulating the commercial production and sales of cannabis were initially slated to take effect on January 1, 2018.

Regulators decision to expedite marijuana sales is in sharp contrast to the actions of lawmakers in several other states, including Maine and Massachusetts — both of which have taken steps to delay adult use marijuana sales by several months.

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.

Impactful and Heartfelt Hearing Creates Historic Support for Texas Medical Cannabis Bill

By Jax Finkel
Executive Director, Texas NORML

Late in the evening on Tuesday, May 2nd, the House Public Health Committee held a hearing for HB 2107 which would make the Compassionate Use Program more inclusive for patients with debilitating medical conditions. Many patients stayed late into the evening to provide powerful and emotional testimony. After a powerful hearing with targeted testimony, the authors for the bill jumped from 5 to 75! This is historic and unprecedented in Texas.

Veterans demanded access for service related disabilities. Doctors spoke to the efficacy and safety profile of cannabis. 66 testimonies were offered in support. 187 registered in support. There was only one verbal opposition. It is TBD if there were more registered against not testifying as the full witness list has not been released yet.

 We are very happy to see that our coordination with the authors and committee members has paid of so well. We appreciated all the speakers that were invited to speak and came to share their story. Thank you to the authors, committee members, staffers, our team and coalition and to all who advocate!

Please support the important work we are doing in Texas by becoming a sustaining donormaking a donation or becoming a Texas NORML member.

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