The Smell Of Marijuana Should Not Be A Death Sentence

download (1)Philando Castile was shot and killed by a Minnesota police officer during a traffic stop last year. This week we learned that the officer rationalized his actions by claiming that the alleged smell of “burnt marijuana” made him fear for his own life.  Here is how the officer recounted his actions, in his own words: “I thought, I was gonna die and I thought if he’s, if he has the, the guts and the audacity to smoke marijuana in front of the five year old girl and risk her lungs and risk her life by giving her secondhand smoke and the front seat passenger doing the same thing then what, what care does he give about me. And, I let off the rounds and then after the rounds were off, the little girls [sic] was screaming.”

The reality that law enforcement would make such claims, and then use lethal force based on such misconceptions, speaks once again as to why we need to both reform America’s marijuana laws and reassess the way that police interact with the communities for which they are sworn to protect and serve.

Too often we hear of violence being perpetrated by officers of the state against our fellow citizens on the basis of similarly irrational claims. Philando Castile is the name we must speak today, but sadly there are countless others, particularly people of color, who have fallen victims to or as a result of this senseless marijuana prohibition.

Keith Lamont Scott, a 43 year old black man, was shot and killed in Charlotte, North Carolina in September of 2016 after police officers saw him smoking what they described as a “blunt” in his parked vehicle.

Ramarley Graham, an 18 year old black teenager, was shot and killed in 2012 while flushing marijuana down a toilet after police had entered his Bronx apartment.

Trevon Cole, a 21 year old black man, was shot in the head and killed in 2010 while attempting to flush marijuana down his toilet after police forced their way into his apartment at 9 am during a drug raid.

These are just a few of the names that have made headlines in recent years, not to mention the hundreds-of-thousands of individuals, disproportionately young people of color, who are arrested and prosecuted for marijuana violations.

According to the ACLU, Between the years 2001 and 2010, there were over eight million pot arrests in the United States. Eighty-eight percent of those arrested were charged with violating marijuana possession laws. Among those arrested, the ACLU reports:

“On average, a Black person is 3.73 times more likely to be arrested for marijuana possession than a white person, even though Blacks and whites use marijuana at similar rates. Such racial disparities in marijuana possession arrests exist in all regions of the country, in counties large and small, urban and rural, wealthy and poor, and with large and small Black populations. Indeed, in over 96% of counties with more than 30,000 people in which at least 2% of the residents are Black, Blacks are arrested at higher rates than whites for marijuana possession.”

They continue:

(T)he War on Marijuana, like the larger War on Drugs of which it is a part, is a failure. It has needlessly ensnared hundreds of thousands of people in the criminal justice system, had a staggeringly disproportionate impact on African-Americans, and comes at a tremendous human and financial cost. The price paid by those arrested and convicted of marijuana possession can be significant and linger for years, if not a lifetime. Arrests and convictions for possessing marijuana can negatively impact public housing and student financial aid eligibility, employment opportunities, child custody determinations, and immigration status. Further, the War on Marijuana has been a fiscal fiasco. The taxpayers’ dollars that law enforcement agencies waste enforcing marijuana possession laws could be better spent on addressing and solving serious crimes and working collaboratively with communities to build trust and increase public health and safety. Despite the fact that aggressive enforcement of marijuana laws has been an increasing priority of police departments across the country, and that states have spent billions of dollars on such enforcement, it has failed to diminish marijuana’s use or availability.”

Regulating the adult use of marijuana can play a role in reducing some of the drug war’s most egregious effects on our citizens. For instance, we have seen immediate easing of tensions in states that have enacted legalization when it comes to interactions between police and the communities they serve in relation to traffic stops.

The United States of America and our citizens face tremendous issues, including the long-standing racial tensions held over from the original sin of slavery and its lasting effects, mentalities, and systems of oppression. Legalizing marijuana alone is not going to solve all of these problems, but it will take away yet another tool of the state and law enforcement to oppress those they are sworn to protect.

Below are additional facts regarding the racial disparity of prohibition:

*  A 2017 analysis of New Jersey arrest data found that African Americans are three times more likely than whites to be arrested for violating marijuana possession laws (The American Civil Liberties Union, Unequal & Unfair: NJ’s War on Marijuana Users, 2017)

*  A 2017 analysis of Virginia arrest data determined that African Americans are three times as likely to be arrested for marijuana possession as compared to whites and that this disparity is increasing (Capital News Service, The numbers behind racial disparities in marijuana arrests across Virginia). A separate analysis reported that blacks account for nearly half of all marijuana possession arrests in Virginia, but comprise only 20 percent of the state population (Drug Policy Alliance, Racial Disparities in Marijuana arrests in Virginia: 2003-2013, 2015).

*  An analysis of Maryland arrest data determined that African Americans accounted for 58 percent of all marijuana possession arrested despite comprising only 30 percent of the state’s population. (The American Civil Liberties Union, The Maryland War on Marijuana in Black and White, 2013)

*  A 2016 analysis of California arrest figures concluded that police arrested blacks for marijuana offenses at three and half times the rate of whites. (Drug Policy Alliance, Nearly 500,00 Californians Arrested for Marijuana in Last Decade, 2016) A prior statewide assessment reported that police in 25 of California’s major cities arrested blacks for marijuana possession violations at rates four to twelve times that of caucasians. (California NAACP and the Drug Policy Alliance, Arresting Blacks for Marijuana in California: Possession Arrests in 25 Cities, 2006-2008, 2010)

*  A 2016 review of New York City marijuana arrest data by the Police Reform Organizing Project reported that approximately 85 percent of those arrested for lowest level marijuana possession violations were black or Latino. (New York Times, Race and marijuana arrests) Those percentages have been consistent for several years. (Drug Policy Alliance, Race, Class & Marijuana Arrests in Mayor de Blasio’s  Two New Yorks, 2014)

*  Prior to the enactment of legalization, Colorado police arrested blacks for marijuana possession at 3.1 times the rate of whites. (Drug Policy Alliance, Marijuana Possession Arrests in Colorado: 1986-2010, 2012)

*  Prior to the enactment of legalization, Washington police arrested blacks for marijuana possession at 2.9 times the rate of whites.(Drug Policy Alliance, Costs, Consequences, and Racial Disparities of Possession Arrests in Washington, 1986-2010, 2012)

*  Prior to the enactment of decriminalization, an analysis of marijuana possession arrest data in Chicago by reported that the ratio of black to white arrests for cannabis possession violations is 15 to 1. (Chicago Reader, The Grass Gap)

*  Prior to the enactment of a Washington, DC voter-initiated law depenalizing minor marijuana possession crimes, African Americans were eight times as likely as whites to be arrested for marijuana-related crimes. (Washington City Paper, Crime stats show DC leads nation in per capita marijuana arrests)

 

The Smell Of Marijuana Shouldn’t Be A Death Sentence

download (1)Philando Castile was shot and killed by a Minnesota police officer during a traffic stop last year. This week we learned that the officer rationalized his actions by claiming that the alleged smell of “burnt marijuana” made him fear for his own life.  Here is how the officer recounted his actions, in his own words: “I thought, I was gonna die and I thought if he’s, if he has the, the guts and the audacity to smoke marijuana in front of the five year old girl and risk her lungs and risk her life by giving her secondhand smoke and the front seat passenger doing the same thing then what, what care does he give about me. And, I let off the rounds and then after the rounds were off, the little girls [sic] was screaming.”

The reality that law enforcement would make such claims, and then use lethal force based on such misconceptions, speaks once again as to why we need to both reform America’s marijuana laws and reassess the way that police interact with the communities for which they are sworn to protect and serve.

Too often we hear of violence being perpetrated by officers of the state against our fellow citizens on the basis of similarly irrational claims. Philando Castile is the name we must speak today, but sadly there are countless others, particularly people of color, who have fallen victims to or as a result of this senseless marijuana prohibition.

Keith Lamont Scott, a 43 year old black man, was shot and killed in Charlotte, North Carolina in September of 2016 after police officers saw him smoking what they described as a “blunt” in his parked vehicle.

Ramarley Graham, an 18 year old black teenager, was shot and killed in 2012 while flushing marijuana down a toilet after police had entered his Bronx apartment.

Trevon Cole, a 21 year old black man, was shot in the head and killed in 2010 while attempting to flush marijuana down his toilet after police forced their way into his apartment at 9 am during a drug raid.

These are just a few of the names that have made headlines in recent years, not to mention the hundreds-of-thousands of individuals, disproportionately young people of color, who are arrested and prosecuted for marijuana violations.

According to the ACLU, Between the years 2001 and 2010, there were over eight million pot arrests in the United States. Eighty-eight percent of those arrested were charged with violating marijuana possession laws. Among those arrested, the ACLU reports:

“On average, a Black person is 3.73 times more likely to be arrested for marijuana possession than a white person, even though Blacks and whites use marijuana at similar rates. Such racial disparities in marijuana possession arrests exist in all regions of the country, in counties large and small, urban and rural, wealthy and poor, and with large and small Black populations. Indeed, in over 96% of counties with more than 30,000 people in which at least 2% of the residents are Black, Blacks are arrested at higher rates than whites for marijuana possession.”

They continue:

(T)he War on Marijuana, like the larger War on Drugs of which it is a part, is a failure. It has needlessly ensnared hundreds of thousands of people in the criminal justice system, had a staggeringly disproportionate impact on African-Americans, and comes at a tremendous human and financial cost. The price paid by those arrested and convicted of marijuana possession can be significant and linger for years, if not a lifetime. Arrests and convictions for possessing marijuana can negatively impact public housing and student financial aid eligibility, employment opportunities, child custody determinations, and immigration status. Further, the War on Marijuana has been a fiscal fiasco. The taxpayers’ dollars that law enforcement agencies waste enforcing marijuana possession laws could be better spent on addressing and solving serious crimes and working collaboratively with communities to build trust and increase public health and safety. Despite the fact that aggressive enforcement of marijuana laws has been an increasing priority of police departments across the country, and that states have spent billions of dollars on such enforcement, it has failed to diminish marijuana’s use or availability.”

Regulating the adult use of marijuana can play a role in reducing some of the drug war’s most egregious effects on our citizens. For instance, we have seen immediate easing of tensions in states that have enacted legalization when it comes to interactions between police and the communities they serve in relation to traffic stops.

Data from The Marshall Project

Screen Shot 2017-06-22 at 12.24.13 PM

Data from The Marshall Project

 

The United States of America and our citizens face tremendous issues, including the long-standing racial tensions held over from the original sin of slavery and its lasting effects, mentalities, and systems of oppression. Legalizing marijuana alone is not going to solve all of these problems, but it will take away yet another tool of the state and law enforcement to oppress those they are sworn to protect.

 

Below are additional facts regarding the racial disparity of prohibition:

*  A 2017 analysis of New Jersey arrest data found that African Americans are three times more likely than whites to be arrested for violating marijuana possession laws (The American Civil Liberties Union, Unequal & Unfair: NJ’s War on Marijuana Users, 2017)

*  A 2017 analysis of Virginia arrest data determined that African Americans are three times as likely to be arrested for marijuana possession as compared to whites and that this disparity is increasing (Capital News Service, The numbers behind racial disparities in marijuana arrests across Virginia). A separate analysis reported that blacks account for nearly half of all marijuana possession arrests in Virginia, but comprise only 20 percent of the state population (Drug Policy Alliance, Racial Disparities in Marijuana arrests in Virginia: 2003-2013, 2015).

*  An analysis of Maryland arrest data determined that African Americans accounted for 58 percent of all marijuana possession arrested despite comprising only 30 percent of the state’s population. (The American Civil Liberties Union, The Maryland War on Marijuana in Black and White, 2013)

*  A 2016 analysis of California arrest figures concluded that police arrested blacks for marijuana offenses at three and half times the rate of whites. (Drug Policy Alliance, Nearly 500,00 Californians Arrested for Marijuana in Last Decade, 2016) A prior statewide assessment reported that police in 25 of California’s major cities arrested blacks for marijuana possession violations at rates four to twelve times that of caucasians. (California NAACP and the Drug Policy Alliance, Arresting Blacks for Marijuana in California: Possession Arrests in 25 Cities, 2006-2008, 2010)

*  A 2016 review of New York City marijuana arrest data by the Police Reform Organizing Project reported that approximately 85 percent of those arrested for lowest level marijuana possession violations were black or Latino. (New York Times, Race and marijuana arrests) Those percentages have been consistent for several years. (Drug Policy Alliance, Race, Class & Marijuana Arrests in Mayor de Blasio’s  Two New Yorks, 2014)

*  Prior to the enactment of legalization, Colorado police arrested blacks for marijuana possession at 3.1 times the rate of whites. (Drug Policy Alliance, Marijuana Possession Arrests in Colorado: 1986-2010, 2012)

*  Prior to the enactment of legalization, Washington police arrested blacks for marijuana possession at 2.9 times the rate of whites.(Drug Policy Alliance, Costs, Consequences, and Racial Disparities of Possession Arrests in Washington, 1986-2010, 2012)

*  Prior to the enactment of decriminalization, an analysis of marijuana possession arrest data in Chicago by reported that the ratio of black to white arrests for cannabis possession violations is 15 to 1. (Chicago Reader, The Grass Gap)

*  Prior to the enactment of a Washington, DC voter-initiated law depenalizing minor marijuana possession crimes, African Americans were eight times as likely as whites to be arrested for marijuana-related crimes. (Washington City Paper, Crime stats show DC leads nation in per capita marijuana arrests)

Weekly Legislative Update 6/10/17

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

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

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

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

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

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

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

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

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

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

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

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Thanks for all you do and keep fighting,
Justin

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Other Actions to Take

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Study: Racial Disparity In Marijuana Arrest Rates Increasing

Cannabis PenaltiesAfrican Americans in Virginia are arrested for violating marijuana possession laws at more than three times the rates of whites and this disparity is rising, according to an analysis of statewide arrest data by Virginia Commonwealth University’s Capital News Service.

Researchers reviewed 160,000 state and local arrest records from the years 2010 through 2016. They found that blacks were 2.9 times as likely as whites to be arrested for possessing marijuana in 2010, but 3.2 times as likely to be arrested by 2016.

In some counties and towns, such as in Hanover County and in Arlington, Virginia, the black arrest rate was six to eight times that of whites.

The findings are similar to those of a 2015 report, which determined that the number of African Americans arrested in Virginia for marijuana possession offenses increased 106 percent between the years 2003 and 2014. That study concluded that blacks account for nearly half of all marijuana possession arrests, but comprise only 20 percent of the state population.

A separate analysis of Maryland arrest data determined that African Americans accounted for 58 percent of all marijuana possession arrested despite comprising only 30 percent of the state’s population.

A 016 analysis of California arrest figures concluded that police arrested blacks for marijuana offenses at three and half times the rate of whites. A prior statewide assessment reported that police in 25 of California’s major cities arrested blacks for marijuana possession violations at rates four to twelve times that of caucasians. Similar disparities have been repeatedly reported in other major cities, including New York and Chicago.

A 2013 American Civil Liberties Union study found that nationwide blacks are approximately four times as likely as whites to be arrested for marijuana possession, even though both ethnicities consume the substance at approximately similar rates.

Texas: HB 81 advances with a committee vote of 4-2!

By Jax Finkel
Texas NORML Executive Director

Texas-NORMLGreat news! Chairman Joe Moody’s House Bill 81, which would replace criminal penalties for marijuana possession with a simple ticket, has passed out of the Criminal Jurisprudence Committee with a bipartisan vote of 4-2, with one member absent.

Now, the bill is headed to the Calendars Committee — the group of legislators who manage the voting schedule for the Texas House. What can you do to help?

Contact your representative in preparation for the vote. Send an email now or call their office to voice your support for a more sensible approach to low-level marijuana possession cases.

You can also support Texas NORML’s Lobby Campaign by becoming a subscribing donor to help us continue this important work.

If your representative serves on the Calendars Committee, he/she holds the key to when HB 81 will be voted on by the full House of Representatives, and your voice is especially important. (There’s no need to look up your representative — a different letter will load if your address shows you are in one of those key districts.)

Once the Calendars Committee schedules the bill for consideration, all 150 Texas representatives will cast a vote on marijuana policy for the first time in decades. Now is your chance to help prevent thousands of Texans from being branded with life-altering criminal convictions.

Contact your legislators today in support of HB 81! Then, spread the word so that other thoughtful Texans can speak out for humane marijuana policies.

Meaningful reform is within reach. Please take action today!

Sidenote: The chair of the Calendars Committee is Rep. Todd Hunter. In 2015, he supported marijuana law reform by voting for the Texas Compassionate Use Act and Rep. Simpson’s bill to regulate marijuana like jalapenos. Additionally, he voted for HB 81 when it was before the Criminal Jurisprudence Committee this session. We hope that this will have a positive bearing on the rest of the Calendars Committee. Additionally, Calendars will be addressing the budget and will not be addressing our issue until after that.

Please support the important work we are doing in Texas by supporting our lobbying efforts, making a donation or becoming a Texas NORML member.

 

This was originally posted on https://www.texasnorml.org/

Visit their site to find out more and get involved!

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.

Weekly Legislative Roundup, 2/3/2017

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

With over 800 bills being filed in state legislatures and at the federal level, marijuana policy is moving fast.

A big thanks to the over 3,000 people who have emailed their elected officials through our action alerts in the last 6 days alone! Remember, bookmark our Action Page (http://norml.org/act) and keep checking for new updates.

If you haven’t yet, read NORML’s Paul Armentano’s most recent op-ed in The Hill newspaper “Voters demanded pot policy changes, it’s time for lawmakers to listen.”

Below are the bills from around the country that we’ve tracked this week.

Make sure 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

Senate lawmakers are only days away from taking a vote that may have a drastic impact on the future of marijuana policy.

Sessions recently was questioned by the Senate Judiciary Committee and during his confirmation hearing, he failed to give a straight answer with regard to how the Justice Department should respond to states that have legalized marijuana for medical or recreational use and left the door open for federal enforcement.

Click here to email your Senators and tell them to oppose Jeff Sessions

Arkansas

Senate legislation is pending, SB 238, to indefinitely halt the enactment of the state’s voter-initiated medical marijuana law.

Specifically, the measure states that Arkansas patients may not legally access medical marijuana until the substance has been federally legalized.

This arrogant piece of legislation is a direct attempt to undermine an election outcome. Fifty-three percent of voters decided in November in favor of Issue 6, the Arkansas Medical Marijuana Amendment. State lawmakers have responsibility to abide by the will of the people, to do so in a timely manner, and to not let patients needlessly suffer.

AR Resident? Click here to email your elected officials now.

New Hampshire

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

HB640, 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.

NH Resident? Click here to email your elected officials now.

Rhode Island

A coalition of Rhode Island lawmakers has reintroduced a marijuana legalization this legislative session.  

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

A majority of Rhode Island residents support legalization and Jared Moffat, Director of Regulate Rhode Island, believes: “It’s time for Rhode Island to look very seriously at this issue and pass a bill. Otherwise, we risk falling behind those other states.”

RI Resident? Click here to email your elected officials now.

OTHER ACTIONS TO TAKE

Federal

Legislation is pending in the US House, HR 715, to amend the Controlled Substances Act so that marijuana is no longer classified as a Schedule I controlled substance and so that cannabidiol (CBD) is excluded from the federal definition of cannabis.

Cannabidiol is a non-mood altering constituent in the marijuana plant that possesses a variety of therapeutic effects, particularly anti-seizure properties. Over a dozen states recognize by statute that CBD is safe and therapeutically effective.

Further, the cannabis plant’s schedule I classification has long been inconsistent with the available evidence. Most recently, the National Academy of Sciences, Engineering, and Medicine released a comprehensive report acknowledging that “conclusive or substantial evidence” exists for cannabis’ efficacy in patients suffering from chronic pain, multiple sclerosis, and other conditions. This finding is incompatible with the plant’s Schedule I status, which opines that it possess “no accepted medical use in the United States.” Twenty-nine states now permit physicians to authorize marijuana therapy to qualified patients.

While simply rescheduling marijuana under federal law will not end federal prohibition, it will bring about some needed changes in law. At a minimum, it would bring an end to the federal government’s longstanding intellectual dishonesty that marijuana ‘lacks accepted medical use.’ It would also likely permit banks and other financial institutions to work with state-compliant marijuana-related businesses, and permit employers in the cannabis industry to take tax deductions similar to those enjoyed by other businesses. Rescheduling would also likely bring some level of relief to federal employees subject to random workplace drug testing for off-the-job cannabis consumption.

For these reasons, we urge your support for HR 715 while also recognizing that ultimately cannabis must be removed from the Controlled Substances Act altogether. Passage of HR 715 is a first step in this process.

Click here to email your Congressional Representative now.

Iowa

Legislation is pending, HF 199, to establish a statewide medical marijuana program.

Under these proposals, qualified patients with intractable pain and other conditions would be able to obtain cannabis from state-licensed facilities.

A more narrow version of this program is proposed by separate legislation, HF 198.

While the program proposed by the measures is a fairly narrow one, it is far superior to the state’s existing CBD-specific law, which only applies to patients with intractable epilepsy and fails to provide an in-state supply source for CBD-related medicine.

IA Resident? Click here to email your elected officials now.

New Hampshire

Legislation is making its way through the New Hampshire House, HB 656, to legalize, regulate, and tax marijuana for adult use.

Members of the House Committee on Criminal Justice and Public Safety heard testimony regarding the bill on Wednesday, February 2, at 2pm.

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

NH Resident? Click here to email your elected officials now.

Kansas

Legislation is pending before lawmakers, The Kansas Safe Access Act, to establish regulations governing a comprehensive medical marijuana program.

The measure would permit qualified patients to grow their own medical marijuana or to obtain it from a licensed dispensary, while also educating physicians who seek to recommend cannabis therapy.

KS Resident? Click here to email your elected officials now.

South Dakota

More than a dozen lawmakers are backing legislation, Senate Bill 129, to eradicate the state’s marijuana possession by ingestion law.

Under the law, one can be charged with a felony drug offense if their past use of a marijuana shows up on a blood or urine test. In the case of cannabis, byproducts of THC may be detectable for several weeks after one has ceased using it.

South Dakota is one of the only states that criminalizes the internal possession of marijuana or other controlled substances, and it is the only state that defines the activity as a felony offense.

SD Resident? Click here to email your elected officials now.

Tennessee

Legislation is pending in the House and Senate — SB 265 and HB 297 — to reduce penalties associated with the possession of one-eighth of marijuana (3.544 grams) to a fine-only offense.

Under present law, the possession of any amount of marijuana is punishable by up to one year in jail and a $250 fine. Passage of these pending measures would reduce the penalty to a $50 fine and no possibility of jail time.

Simple marijuana possession would still remain classified as a misdemeanor.

TN Resident? Click here to email your elected officials now.

Additionally, legislation is pending in the Tennessee House, HB 173, to nullify the enactment of citywide marijuana decriminalization ordinances and to prevent additional municipalities from enacting similar marijuana reform measures.

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

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

TN Resident? Click here to email your elected officials now.

Vermont

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

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

The measure would also reduce existing penalties for those who possess greater quantities of cannabis.

VT Resident? Click here to email your elected officials now.

Wyoming

Wyoming lawmakers are debating HJR 11, a joint resolution to legalize marijuana for adults over the age of 21.

This resolution legalizes and regulates the commercial cultivation and retail sale of marijuana to adults over the age of 21. Under this measure, adults would be able to legally possess up to three ounces of cannabis and grow up to six plants in the privacy of their home.

WY Resident? Click here to email your elected officials now.

Additionally, legislation, HB 197, to amend marijuana possession penalties has passed out of Committee and now faces action on the House floor.

Passage of the measure would reduce existing marijuana possession penalties from up to one year in jail and a $1,000 fine to no more than 20 days in jail and a $200 fine for first-time offenders. Repeat offenders would face stricter penalties under the proposal.

Members of the House Judiciary Committee rejected a separate bill, HB 157, which NORML had endorsed that sought to decriminalize the possession of up to three ounces of marijuana.

WY Resident? Click here to email your elected officials now.

FBI: Marijuana Arrests Decline Significantly In 2015

Marijuana-related arrests in the United States have fallen to their lowest levels since the mid-1990s, according to data released today by the US Federal Bureau of Investigation.

According to the FBI’s Uniform Crime Report, police made 643,122 arrests for marijuana-related offenses in 2015. Of those arrested, 574,641 (89 percent of all marijuana-related arrests) were charged with marijuana possession only, not cultivation or trafficking.

US Marijuana Arrests

The annual arrest total represents more than a 25 percent decline since 2007, when police arrested a record 872,721 Americans for violating marijuana laws.

Since 2012, four states and the District of Columbia have legalized the adult use and possession of personal quantities of cannabis, leading to a dramatic decline in marijuana-related arrests in those jurisdictions.

As in previous years, marijuana possession arrests were least likely to occur in the western region of the United States, where possessing the plant has largely been either legalized or decriminalized.

According to 2016 nationwide survey data compiled by the Associated Press, some six out of ten Americans now say that the adult use of marijuana should be legally regulated.

Illinois: Governor Signs Marijuana Decriminalization Measure

thumbs_upRepublican Governor Bruce Rauner signed legislation today amending the state’s marijuana possession penalties.

Senate Bill 2228 reduces the penalties for the possession of up to 10 grams of marijuana from a criminal misdemeanor (formerly punishable by up to six months in jail and a $1,500 fine) to a civil fine of no more than $200 — no arrest and no criminal record.

It also decriminalizes related offenses involving the possession of marijuana paraphernalia.

Senate Bill 2228 also amends the state’s zero tolerance per se traffic safety law, stating that the presence of THC in blood at levels below 5ng/ml “shall not give rise to any presumption that the person was or was not under the influence of cannabis.”

The full text of the measure is available here.

According to the ACLU, Illinois police arrest some 50,000 individuals annually for marijuana possession offenses — ranking #5 in the nation in per capita marijuana possession arrests.

Illinois becomes the third largest state to decriminalize minor marijuana possession offenses.

63% of District of Columbia Voters Support Marijuana Legalization

Screen Shot 2012-05-26 at 3.19.07 PMA poll released today by Public Policy Polling, funded by Marijuana Policy Project and Drug Policy Alliance, revealed that 63% of District of Columbia voters support taxing and regulating marijuana, similar to the initiatives just passed in Colorado and Washington. Only 30% of respondents were opposed.

The survey also found that 75% of respondents supported changing the penalty for marijuana possession to a civil violation, punishable by a $100 fine and only 21% were opposed to this change.

Considering this overwhelming support, and the fact that the District of Columbia allows for ballot initiatives, Washington, DC seems incredibly ripe for reform in the very near future. While the politicians who work in Congress seem to be tone-deaf to the growing call for legalizing marijuana, those living right in their backyard have overwhelmingly made up their minds that it is time to legalize and regulate marijuana.

You can read the full results of the poll here.

Rhode Island: Marijuana Decriminalization Law Takes Effect Monday

Legislation signed into law last year decriminalizing minor marijuana possession offenses takes effect on Monday, April 1.

Presently, possessing cannabis in the Ocean State is classified as a criminal misdemeanor punishable by one year in jail and a $500 maximum fine. Starting Monday, the possession of up to one ounce of marijuana by an individual 18 years or older is a non-arrestable civil offense, punishable by a maximum fine of $150 but no jail time, and no criminal record.

Fifteen states have enacted similar decriminalization laws. Three states — Alaska, Colorado, and Washington — impose no criminal or civil penalty for the private possession of small amounts of marijuana. (Colorado had previously decriminalized cannabis possession decades earlier, while Alaska’s legal protections were imposed by the state Supreme Court.)

Similar decriminalization legislation is pending this year in nearly a dozen additional states, including Hawaii, Maryland, Missouri, New Jersey, Texas, and Vermont.

Lawmakers in several other states, including Maine, Oregon, and Pennsylvania, are considering separate legislation to legalize the adult consumption of cannabis and regulate its retail production and sale.

Legislative Chambers Move Measures To Decriminalize Marijuana In Hawaii, Maryland, New Hampshire, and New Jersey

Legislative chambers in four statesHawaii, Maryland, New Hampshire, and New Jersey — have passed measures to reclassify minor marijuana offenses as non-criminal violations, punishable by a fine only — no arrest, no jail, and no criminal record.

In Hawaii, Senate lawmakers this month unanimously passed Senate Bill 472, which reclassifies marijuana possession offenses from a criminal misdemeanor (punishable by up to 30 days in jail and a $1,000 fine) to an infraction. On Thursday, March 14, members of the House Judiciary Committee voted in favor of a revised version of this proposal (SB 472, HD1). This revised version caps fine-only penalties at no more than $100 for violations by those age 18 or older involving 20 grams or less of cannabis. Senate Bill 472 now before the House Finance Committee, where it has yet to be scheduled for a hearing. If passed by the House Finance Committee, the measure would still need to be voted by the full House and then it would return to the Senate before going to the Governor’s desk. You can read NORML’s testimony in support of this measure here. Hawaii voters who wish to learn more about this effort can visit NORML’s ‘Take Action Center’ here or visit the ACLU of Hawaii here.

Maryland lawmakers this week passed Senate Bill 297 by a vote of 30 to 16. The bill now goes before House lawmakers for further consideration. This is the first time in recent memory that a chamber of the Maryland legislature has voted to significantly reduce penalties for the non-medical use of cannabis. Presently, the possession of ten grams of cannabis or less is classified as a criminal misdemeanor, publishable by up to 90 days in jail and a $500 fine. Senate Bill 297 makes minor marijuana offenses a fine-only, non-criminal infraction, punishable by a maximum fine of $100. Members of the House Judiciary Committee will hear SB 297 on Thursday, March 28, at 1pm. NORML will be testifying at this hearing. Maryland residents are urged to get involved in supporting SB 297 by clicking here.

Yesterday, New Hampshire House members voted 214 to 115 in favor of amended legislation, House Bill 621, that decriminalizes minor marijuana possession offenses. Under present law, the possession of any amount of cannabis is classified as a criminal misdemeanor publishable by up to one-year in jail and a $2,000 fine. This proposal seeks to make minor marijuana offenses (up to one-quarter of one ounce) a fine-only, non-criminal infraction. The vote marks the fourth time in five years that House lawmakers have approved decriminalizing cannabis. More than 50 additional House lawmakers approved the measure this year as opposed to last year. Nevertheless, this measure is anticipated to face resistance in the Senate as well as from newly elected Gov. Maggie Hassan. If you reside in New Hampshire, you can take action in support of HB 621 here.

Assembly Bill 1465, which reduces penalties for the adult possession of up to 15 grams or less of marijuana to a fine-only, non-criminal violation was approved last year by the New Jersey Assembly and awaits action by the Senate. Separate Senate Legislation, Senate Bill 1977, to decriminalize up to 50 grams of marijuana also remains pending. Under present state law, the possessing of up to 50 grams marijuana is punishable by up to 6 months incarceration, a $1,000 fine, and a criminal record. According to survey data compiled in 2011 by Rutgers University, a majority of New Jersey voters support reforming the state’s criminal marijuana laws. Pollsters found that 6 out of 10 voters favored removing criminal penalties for first-time marijuana possession offenders and replacing them with the imposition of a civil fine. Just over half thought there should be no penalties at all. More information about these measures is available here.

To date, fifteen states have reduced marijuana possession to a fine-only offense. In nine of these states — California, Colorado, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, and Rhode Island (beginning April 1, 2013) — the law defines the private, non-medical possession of marijuana by adults as a civil, non-criminal offense. Five additional states — Minnesota, Mississippi, Nevada, North Carolina, and Ohio — treat marijuana possession offenses as a fine-only misdemeanor offense. Alaska imposes no criminal or civil penalty for the private possession of small amounts of marijuana, while Colorado and Washington recently imposed separate legislation legalizing the private possession of marijuana.

Several additional states, including Missouri and Vermont, are considering similar decriminalization measures. Nearly a dozen states are also considering legislation to legalize the adult consumption of marijuana and regulate its retail production and sale. A summary of state-by-state pending marijuana law reform measures is available from NORML’s ‘Take Action Center’ here.

Report: New York City Cops Spent One Million Hours In Staff Time Making Marijuana Possession Arrests

New York City police spent an estimated one million hours in staff time making low level marijuana possession arrests between the years 2002 and 2012, according to the findings of a study released today by the Marijuana Arrest Research Project and the Drug Policy Alliance.

Authors of the study report that City law enforcement personnel engaged in approximately one million hours of police officer time to make 440,000 marijuana possession arrests over the past 11 years. Authors further estimated that those arrested for marijuana possession in New York City have spent five million hours in police custody over the last decade.

Authors concluded: “[I]t is clear that the marijuana arrests have taken police off the street and away from other crime-fighting activities for a significant amount of time.”

Under state law, the private possession of up to 25 grams of marijuana is a non-criminal civil citation, punishable by a $100 fine. By contrast, the possession of any amount of cannabis in public view is a criminal misdemeanor [NY State Penal Law 221.10].

Previously published data reports that over 90 percent of all marijuana arrests in the state of New York occur in New York City. In 2011, New York City law enforcement spent $75 million arresting approximately 50,000 minor marijuana offenders under Penal Law 221.10. Many of these offenders possessed small amounts of marijuana on their person, and only revealed the cannabis publicly after being ordered by police to empty their pockets during ‘stop-and-frisk’ searches. Over 85 percent of those charged were either African American or Latino.

In his 2013 ‘State of the State’ address, New York Governor Andrew Cuomo lobbied in favor of legislation to equalize the state’s marijuana possession penalties and to reduce the number of low-level possession arrests in New York City. “These arrests stigmatize, they criminalize, they create a permanent record,” he said. “It’s not fair, it’s not right, it must end, and it must end now.”

Full text of the report, “One million police hours making 440,000 marijuana possession arrests ion New York City, 2002-2012,” appears online here.

Historic Number of States Debating Marijuana Law Reform Legislation — Is Your State One of Them?

A record number of statewide marijuana law reform measures are pending in 2013. Is your state one of them?

To find out — and to contact your state elected officials in favor of pending legislation — just click here, find the legislative alert applicable to your state, enter your name and zip code, and a pre-written letter of support will be electronically sent to your state House or Senate member. (To contact your member of Congress in support of federal legislative reforms, just follow these same steps.)

Here’s an overview of just some of these pending statewide measures:

Five states are considering legislation to legalize the adult consumption and sale of marijuana.
Nine states are considering legislation to decriminalize minor marijuana possession offenses.
Eight states are considering legislation to legalize the use of marijuana for therapeutic purposes.

If your state is not listed, please continue to check back to the NORML website often as we update legislative alerts daily. Over the coming weeks, several additional measures are expected to be introduced.

If your state is listed, please be sure to use this page to contact your elected officials. They hear from our opponents; they also need to hear from you! Those who sign up to receive NORML’s electronic newsletter here will also receive time-sensitive legislative updates to let you know when hearings and votes are pending on these specific measures.

Get active; get NORML!

NORMLIZE CONGRESS: Marijuana Law Reform Heating Up in 2013

The votes this past November in Colorado and Washington to regulate marijuana for adults have sparked a fire of change that seems to be spreading across the country. This month, both state and federal legislatures will return to work to kick off the 2013 legislative session and it is already shaping up to be one of the busiest in recent memory for marijuana reformers. Bills are already slated to be introduced in states such as Alabama, Indiana, Iowa, Kentucky, Maine, New Hampshire, Rhode Island, and Texas – with many more to be introduced in the coming weeks. It is very likely that on top of federal legislation coming down the pipeline, nearly two dozen marijuana reform measures will also be introduced across the country in various states. NORML will be providing you with Action Alerts as new bills are introduced, easily allowing you to contact your elected officials and ask them to support these important reform measures.

2013 is going to be one active year in the world of marijuana law, below you can read the summaries of the first 5 bills that were prefiled for introduction. Residents of these states can click on the “Write Your Officials!” link and easily send a pre-written letter of support to their state Senator or Representative. You can also click here to download our NORMLIZE CONGRESS graphic and share with your friends and family and encourage them to speak out against our country’s draconic marijuana policies.

Alabama – Medical Marijuana

Summary: Legislation that seeks to allow for the physician-authorized use of cannabis is pending before state lawmakers. Democrat Rep. Patricia Todd (Jefferson) has pre-filed legislation, House Bill 2: The Alabama Medical Marijuana Patients Rights Act, to be debated by lawmakers this spring.

This measure seeks to enact statewide legal protections for qualified patients who are authorized by their physician to engage in cannabis therapy. The proposal seeks to establish a network of state-regulated not-for-profit dispensaries and delivery services to provide cannabis to patients. Qualified patients would also be able to grow specified quantities of cannabis in private.

Write Your Elected Officials

Indiana – Decriminalize Marijuana Possession

Summary: Two separate pieces of legislation that seek to significantly reduce marijuana possession penalties are expected to be debated during the 2013 legislative session.

State Sen. Karen Tallian (D-Portage) has announced that she will reintroduce legislation to reduce penalties for the adult possession of up to 3 ounces of marijuana to a fine-only, non-criminal violation.

Separately, Sen. Brent Steele (R-Bedford) has announced he intends to introduce legislation in 2013 that would make the possession of 10 grams or less of marijuana by adults a non-criminal offense. Senator Steele, who chairs the Senate committee on corrections, criminal and civil matters, told the Associated Press that he intends to include the marijuana provision in a bill that revamps the Indiana criminal code to align charges and sentencing in proportion to the offenses.

Write Your Elected Officials

Iowa – Medical Marijuana Measures

Summary:Two separate pieces of legislation that seek to allow the physician supervised use of cannabis are expected to be introduced during the 2013 legislative session.

State Sen. Joe Bolkham has announced that he will introduce legislation, SF 266, to allow for Iowa patients with qualifying conditions to access and use cannabis for medical purposes with a doctor’s recommendation. Rep. Bruce Hunter also declared his intention to introduce a similar measure, HF 2270, in the General Assembly. These proposals would allow for Iowans with qualifying conditions to possess up to two and a half ounces of marijuana, which can be cultivated from a private grow of no more than six plants, or purchased from a state approved dispensary.

Write Your Elected Officials

Kentucky – Gatewood Galbraith Medical Marijuana Act

Summary: Legislation that seeks to allow for the physician-authorized use of cannabis is pending before state lawmakers. Democrat Sen. Perry Clark (Louisville) has pre-filed legislation, the Gatewood Galbraith Medical Marijuana Memorial Act, to be debated by lawmakers this spring.

The proposal seeks to establish a network of state-regulated dispensaries where qualified patients could obtain cannabis if and when the substance is authorized by their physician. Qualified patients would also be able to grow specified quantities of cannabis in private. The measure bears its name after longtime Kentucky attorney and cannabis advocate Gatewood Galbriath, who passed away last year.

Write Your Elected Officials

Maine – Tax and Regulate

Summary: Legislation that seeks to make Maine the third state to legalize and regulate the adult use of marijuana is pending before state lawmakers. Democrat Representative Diane Russell of Portland has pre-filed legislation to be debated by lawmakers this spring. Her proposed measure would legalize the sale of as much as 2 1/2 ounces of marijuana per week to people 21 or older at licensed retail locations. The law would also permit for the cultivation of the plant in private settings.

Write Your Elected Officials

New Hampshire – Decriminalize Marijuana Possession

Summary: Legislation that seeks to significantly reduce marijuana possession penalties is once again before state lawmakers. Republican Rep. Kyle Tasker has pre-filed legislation to amend marijuana possession penalties for up to one ounce of marijuana.

Under present law, the possession of one ounce of cannabis or less is classified as a criminal misdemeanor publishable by up to one-year in jail and a $2,000 fine. This proposal seeks to make minor marijuana offenses a fine-only, non-criminal infraction. Doing so would significantly reduce state prosecutorial costs and allow law enforcement resources to be refocused on other, more serious criminal offenses.

Write Your Elected Officials

New Hampshire – Medical Marijuana

Summary: Legislation that seeks to allow for the physician-authorized use of cannabis is pending before state lawmakers. A coalition of some dozen state lawmakers have pre-filed legislation that seeks to make New Hampshire the 19th state since 1996 to allow for the use of cannabis for therapeutic purposes.

Write Your Elected Officials

Rhode Island – Tax and Regulate

Summary: Legislation that seeks to make Rhode Island the third state to legalize and regulate the adult use of marijuana is pending before state lawmakers. House Judiciary chairperson Edith Ajello has pre-filed legislation to be debated by lawmakers this spring. States Rep. Ajello: “I want to see the criminal element out of this. I think that legalizing and taxing it just as we did with alcohol prohibition is the way to do it.”

Write Your Elected Officials

Texas – Lower Possession Penalties

Summary: Legislation that seeks to significantly reduce marijuana possession penalties is once again pending before state lawmakers. State Rep. Harold Dutton (D-Houston) has prefiled legislation, House Bill 184, to amend minor marijuana possession penalties to a fine-only, Class C misdemeanor.

Under present law, the possession of one ounce of cannabis or less is classified as a Class B criminal misdemeanor publishable by up to 180 days in jail and a $2,000 fine. Passage of HB 184 would reduce these penalties to a maximum fine of $500 and no jail time.

Write Your Elected Officials

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