Weekly Legislative Update 6/17/17

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

At the Federal level, the biggest news this week was two-fold. First, in a letter made public by Tom Angell of Marijuana Moment, it was revealed that Attorney General Jeff Sessions wrote a private message to Congressional leadership requesting that they lift restrictions on the Department of Justice’s ability to prosecute medical marijuana in states that have legalized. This would overturn years of precedent and could result in the shutdown of lawful state medical programs, depriving patients of the ability to make healthcare decisions with their doctor. This revelation came the day before Deputy Attorney General Rod Rosenstein testified before Congress and stated “The question of whether it’s legal under federal law is resolved because Congress has passed a law — it’s illegal. Scientists have found that there’s no accepted medical use for it.”

Which rolls us right into the second biggest Federal development: the reintroduction of the CARERS Act, which would codify protections for lawful state medical programs. Passage of CARERS 2017 would exempt from federal prosecution those who are engaged in the “production, possession, distribution, dispensation, administration, laboratory testing, recommending use, or delivery of medical marijuana” in instances where these activities comport with state law.

At the state level, New Hampshire Governor Chris Sununu signed HB 157 into law on June 16. The law adds “moderate to severe chronic pain” as a qualifying illness for medical cannabis. The new law takes effect in 60 days.

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

Protecting Patients: Legislation has been reintroduced in the Senate, The Compassionate Access, Research Expansion, and Respect States (CARERS) Act of 2017, to strengthen protections for those compliant with their state’s medical marijuana laws and to impose various changes to federal law.

Passage of CARERS 2017 exempts from federal prosecution those who are engaged in the “production, possession, distribution, dispensation, administration, laboratory testing, recommending use, or delivery of medical marijuana” in instances where these activities comport with state law. Separate provisions in Act exclude cannabdiol from the federal definition of marijuana, permit VA doctors to authorize medical cannabis access to qualified patients, and remove undue federal barriers to clinical trial research to better assess the safety and efficacy of medical cannabis.

Click here to send a message to your Senators urging them to support and possible co-sponsor the CARERS Act of 2017

Maine
Legislation (LD 764) is before Gov. Paul LePage that will prohibit medical cannabis patients from being denied organ transplants.

The measure “prohibits a transplant evaluator from determining a qualifying patient to be unsuitable to receive an anatomical gift solely because the qualifying patient uses medical marijuana.”

ME resident? Click here to send a message to Gov. LePage urging him to sign the bill. 

Massachusetts
Members of the House put forward amendments to The Regulation and Taxation of Marijuana Act. Among proposed changes to the law would more than double taxes on retail cannabis sales, from 12 percent to as much as 28 percent, strip local control away from municipal voters and unilaterally give local government officials the power to decide whether or not to ban marijuana facilities in their communities, and restrict the kinds of marijuana edibles products that may be sold and purchased by adults.

MA resident? Send a message to your lawmakers telling them to enact Question 4 as passed in a timely manner. 

 

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. 

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 Roundup 3/25/17

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

As we prepare to for April and marijuana related attention that comes with 4/20, NORML has put up an action alert on the appointment process for new US Attorneys (If you didn’t know, Attorney Jeff Sessions fired the holdovers from Obama Administration). With so many issues swirling around in the political lexicon, it’s important that we not see a wave of Sessions-style prohibitions be installed throughout the country, so please email your Senators now and tell them to demand the the new US Attorney’s respect state marijuana laws.

Additionally, Representative Tulsi Gabbord went to the floor of the House of Representatives and spoke on behalf of her legislation entitled “Ending Federal Marijuana Prohibition Act of 2017 – HR 1227. You can watch the video by clicking here.

A very special shout-out for me to make is the success of having Virginia Governor McAuliffe signed into law SB 1027, to regulate the instate production of cannabis oil. Congrats Virginia NORML and your whole team!

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

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

Thanks for all you do and keep fighting,
Justin

Priority Alerts

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

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

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

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

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

US Attorneys: Members of the Senate will now be asked to consider new appointments. Please contact your Senator and urge him/her to consider those US Attorneys who will respect statewide marijuana laws.

With 29 states having established medical marijuana programs and eight states having enacted adult-use regulatory laws, it is vital that those appointed to this prestigious position respect the will of the electorate.

US Attorneys possess broad authority when both interpreting the laws and prioritizing their enforcement. Under the past administration, US Attorneys largely took a ‘hands off’ approach in jurisdictions that had legalized the use of marijuana, as directed by the 2013 “Cole Memo.” Incoming US Attorneys ought to take a similar approach.

Click here to email your Senators to defend the majority of voters who reside in legal cannabis states and to reject those nominees who will not support state marijuana laws.

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

According to a March 2015 Quinnipiac University poll of Connecticut voters, 63 percent favor permitting adults to legally possess personal use quantities of cannabis.

Update: SB 11 had a hearing on March 22.

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

Illinois
Legislation has been introduced in the House and Senate to legalize the adult use of marijuana and to regulate the commercial cannabis market.

The measures permits adults to legally possess personal or grow use quantities of marijuana in private.  Additional provisions establish a regulated market for the commercial production and retail sale of marijuana to adults.

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

Massachusetts
On Election Day, 54 percent of voters decided in favor of Question 4: The Regulation and Taxation of Marijuana Act – permitting adults to legally grow and to possess marijuana for personal use, while also establishing regulations governing commercial cannabis cultivation and capping taxes on retail sales.

But it has become apparent that some powerful politicians and bureaucrats wish to ignore voters’ will and rewrite history.

Update: Hearings on implementation will be:
March 27th at 4 pm at the West Springfield High School auditorium,
April 3rd at 11 am at the Statehouse,
April 10th at 4 pm at the Shrewsbury High School.

MA Resident? Click here to email your elected officials to implement Question 4 in a timely manner as passed.

New York
Legislation (A. 2142 and S. 3809) is before the Assembly and Senate to seal the records of those who have previously been convicted of the possession of marijuana in public view.

New York has historically had the highest marijuana-related arrest rate in the nation largely because of questionable arrests made under the ‘public view’ exception.

Passage of A. 2142 and S. 3809 will make it so these hundreds of thousands of minor offenders are no longer stigmatized by their arrest record.

Update: NORML is joining multiple organizations, including Empire State NORML and the Drug Policy Alliance in calling for Governor Andrew Cuomo to include the language from A. 2142 and S. 3809 in his budget.

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

Tennessee
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.

Update: Members of the House have passed HB 173 by a vote of 65 to 28 March 23. The measure now awaits action from the Senate.

TN Resident? Click here and email your Senators to oppose this effort.

Additional Actions To Take

Nebraska
LB622 will allow patients with conditions such as Crohn’s disease, epilepsy, opioid addictions and some types of cancer to obtain marijuana. Qualified patients would not be permitted to grow cannabis and would have to obtain non-smoked, cannabis-infused formulations from state-licensed providers. A version of this legislation debated last year was narrowly defeated by lawmakers.

Update: LB 622 has advanced out of committee by a vote of 6 – 1.

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

New Mexico
An amended version of House Bill 527 amends state law so that qualified patients may not be denied organ transplants. It also expands the pool of qualifying conditions for which a physician may legally recommend cannabis therapy, to include indications such as Crohn’s disease, chronic pain, hepatitis C, neuropathy, Parkinson’s disease, and post-traumatic stress, among other conditions. It also establishes reciprocity for non-residents.

Update: SB 177 was tabled in lieu of HB 527. An amended version of HB 527 is now before the Governor, having passed the House by a vote of 45 to 16 and the Senate by a vote of 28 to 9.

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

Nevada
Legislation is pending, Assembly Bill 259, to vacate certain marijuana possession convictions that occurred prior to the plant’s legalization.

The measure would permit those with criminal convictions for offenses involving the possession of one ounce or less of marijuana prior to January 1, 2017 to have their convictions vacated.

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

Tennessee
Several pieces of legislation are pending to amend marijuana possession penalties.

HB 831 and SB 1116 seek to decriminalize the possession of up to one ounce of marijuana.

Separate 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 $50 fine-only offense. However, under these bills, simple possession would still remain classified as a misdemeanor.

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

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

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

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

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

Update: Members of the House Judiciary Committee advanced H. 170 on March 22 in an 8 to 3 vote. It now awaits action on the House floor. A new statewide Public Policy poll finds that Vermont residents favor this legislation by a margin of 57 percent to 39 percent.

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

Weekly Legislative Roundup 3/17/2017

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

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

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

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

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

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

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

Thanks for all you do and keep fighting,
Justin

Priority Alerts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Additional Actions To Take

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

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

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

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

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

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

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

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

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

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

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

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

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

It is time to end this discriminatory policy.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Maine Becomes Eighth State to Eliminate Marijuana Possession Penalties

Maine Yes on 1Maine has become the eighth state to eliminate criminal penalties specific to the adult possession and personal use of cannabis.

Language in Question 1: the Marijuana Legalization Act, specific to the private possession and cultivation of marijuana by adults took effect today. It permits adults who are not participating in the state’s existing medical cannabis program to possess up to 2.5 ounces of marijuana and/or the harvest of up to six mature plants.

Public use of marijuana is a civil infraction punishable by a $100 fine.

Maine voters narrowly passed Question 1 on Election Day.

In response to Question 1, Maine lawmakers passed separate legislation, LD 88, permitting adults to possess up to five grams of marijuana concentrates. However, other provisions in the measure delay the implementation of retail marijuana sales until at least February 1, 2018. It also prohibits the possession of “edible retail marijuana products” until this date.

Alaska, California, Colorado, Massachusetts, Nevada, Oregon, and Washington have previously adopted voter-initiated laws legalizing the private consumption and/or sale of cannabis by adults. The District of Columbia also permits adults to legally possess and grow personal use quantities of marijuana in private residences.

Weekly Legislative Roundup, 1/28/2017

blogstickerWelcome to this week’s edition of the legislative roundup. With prohibitionists fighting nationwide, from Massachusetts to deny the will of the voters with the implementation of legalization to Hawaii where the state is seeking to impose increased monitoring of drivers who may be under the influence of marijuana, NORML is constantly working to fight the rising tide of anti-science legislation cropping up.

On the proactive “Team Rationality” side, NORML chapters are advancing efforts from reducing criminal penalties in Virginia to expanding worker protections for cannabis consumers in Washington state.

Below are the priority bills that we’ve tracked this week, with more being posted on our http://norml.org/act page every day.

If you have not yet, 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,

Justin

 

Arkansas

Legislative efforts are pending to amend the state’s voter-initiated medical marijuana law in a manner that would restrict qualified patients from smoking herbal preparations of the plant. Republican Gov. Asa Hutchinson indicates that he favors the plan.

NORML opposes this effort to fundamentally change the law for the following reasons.

The inhalation of herbal cannabis is associated with the rapid onset of drug effect while the oral consumption of other preparations, such as oils, extracts, or pills, is associated with significantly delayed onset. For patients seeking rapid relief from symptoms, such as those suffering from severe nausea, seizures, or spasms, inhaling herbal cannabis is the fastest and most effective route of administration. Inhaling cannabis also permits patients to better regulate their dose.

Further, the effects of orally ingested cannabis are far less predictable in comparison to inhaled cannabis. This is because there exists far greater variability in the ways that marijuana is metabolized when it is consumed orally — meaning that patients may experience disparate and even dysphoric effects from dose to dose, even in instances where the dose is standardized.

AR Resident? Click here to email your representatives to oppose this effort.

Additionally, SB 130 prohibits individuals from operating a motor vehicle if they have 5 or more nanograms of THC per milliliter in their blood. NORML opposes  this proposal.

It should not be presumed that the detection of THC is predictive of psychomotor impairment and such a presumption should not be codified in Arkansas traffic safety statutes. The imposition and enforcement of this measure risks inappropriately convicting unimpaired subjects of traffic safety violations.

AR Resident? Click here to email your representatives to oppose this effort.

Hawaii

Legislation is pending, SB 548, to legalize the possession and use of limited amounts of marijuana for those over the age of 21.

According to 2014 statewide poll, 66 percent of Hawaii voters support the taxation and regulation of marijuana.

HI Resident? Click here to email your representatives to urge them to support this effort.

Additionally, Legislation is pending, SB 17, that seeks to establish a per se limit of “five nanograms or more per milliliter of active tetrahydrocannabinol” for anyone driving a motor vehicle.

NORML opposes this proposal.

It should not be presumed that the detection of THC is predictive of psychomotor impairment and such a presumption should not be codified in Hawaii traffic safety statutes. The imposition and enforcement of this measure risks inappropriately convicting unimpaired subjects of traffic safety violations.

HI Resident? Click here to email your representatives to urge them to support this effort.

Massachusetts

On Wednesday, December 28, a handful of lawmakers met in a special session and voted to delay the roll out of retail marijuana providers from January 1, 2018 to July 1, 2018. As summarized by The Boston Globe, “The extraordinary move, made in informal sessions with just a half-dozen legislators present, would unravel a significant part of the legalization measure passed by 1.8 million voters just last month.” Governor Charlie Baker signed the bill into law just two days later.

But this was only the beginning.

Now, Senator Jason M. Lewis is proposing bills that would reduce the amount of marijuana that an individual can possess, restrict the number of plants that a person can grow, and ban various forms of THC infused products including edibles.

The arrogance and hubris lawmakers are showing toward voters is shocking, and is typified by the comments of Senate President Stanley C. Rosenberg who, only hours after the vote, pronounced: “I believe that when voters vote on most ballot questions, they are voting in principle. They are not voting on the fine detail that is contained within the proposal.”

It’s time for you to send another clear message to your lawmakers: Abide by voters’ decision or suffer the consequences.

MA Resident? Click here to email your representatives to urge them to support this effort.

Nebraska

State Senator Anna Wishart has introduced comprehensive medical marijuana legislation, LB622.

Senator Wishart’s bill is similar to legislation that was introduced in 2016 and narrowly defeated. LB622 will allow patients with conditions such as Crohn’s disease, epilepsy, opioid addictions and some types of cancer to obtain marijuana. Additionally it would permit patients to grow up to 12 plants and/or possess up to six ounces of cannabis for therapeutic purposes. Last year’s bill was narrowly defeated by lawmakers.

Twenty-nine states and the District of Columbia have enacted statewide provisions allowing patients access to cannabis therapy. Nebraska patients deserve these same protections.

NE Resident? Click here to email your representatives to urge them to support this effort.

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 representatives to urge them to support this effort.

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

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

Most recently, an exhaustive report released by the National Academies of Sciences determined that there is “conclusive” evidence that cannabis is “effective for the treatment of chronic pain.” Authors concluded, “In adults with chronic pain, patients who were treated with cannabis or cannabinoids (constituents found organically in the marijuana plant) are more likely to experience a clinically significant reduction of pain symptoms.”

NH Resident? Click here to email your representatives to urge them to support this effort.

New York

Senator Liz Krueger (D) has introduced the Marijuana Regulation and Taxation Act in the New York General Legislature.

The act legalizes possession and cultivation, and would establish a market for legal marijuana for adults 21 and older.

NY Resident? Click here to email your representatives to urge them to support this effort.

North Dakota

Legislation is pending, HB 1340, in the statehouse to decriminalize the possession of marijuana and marijuana-related paraphernalia.

Under existing law, marijuana possession of one ounce or less is punishable by up to 30 days in jail and a $1,500 fine, while the possession of greater amounts are classified as a felony offense punishable by up to five years in prison. Possessing marijuana-related paraphernalia is punishable by up to one year in jail and a $3,000 fine.

ND Resident? Click here to email your representatives to urge them to support this effort.

Virginia

UPDATE: SB1091 has passed the full Senate by a vote of 38-2 and HB 2051 has passed it’s first committee vote in the House of Delegates.

State Senators Adam Ebbin (D), Bill Stanley (R) and Delegate Les Adams (R) have introduced SB 1091 and HB 2051 respectively, legislation that would remove the mandatory driver’s license suspension currently imposed for those with a marijuana possession conviction.

Under current law, any drug conviction, regardless of whether or not a motor vehicle was involved, results in an automatic suspension of the individual’s driving privileges for 6 months.

VA Resident? Click here to email your representatives to urge them to support this effort.

Additionally, SB 1298 has cleared the Senate Courts of Justice Committee on a 9-4 vote as it seeks to establish affirmative defense for possession of cannabidiol if an individual has written certification that they require the substance due to an approved medical condition.

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

VA Resident? Click here to email your representatives to urge them to support this effort.

Washington

UPDATE: HB 1212 has passed committee, making it the first piece of legislation for home cultivation in Washington state history.

Legislation is pending before the House, HB 1094 and HB 1212, to prohibit employers from discriminating against patients who legally consume marijuana during non-work hours.

The bill amends existing law so that: “An employer  may not refuse to hire a qualifying patient, discharge or bar a qualifying patient from employment, or discriminate against a qualifying patient in compensation or in other terms and conditions of employment because of the qualifying patient’s: (i) Status as a qualifying patient; or (ii) Positive drug test for marijuana components or metabolites.”

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.

WA Resident? Click here to email your representatives to urge them to support this effort.

 

 

Legislators Seek To Delay The Enactment Of Voter-Initiated Marijuana Laws

take_actionLegislators in a number of states are pushing forward measures to delay the enactment of several voter-initiated marijuana laws.

In Arkansas, House lawmakers are moving forward with legislation, House Bill 1026, to postpone the deadline for establishing the state’s new medical marijuana program by 60 days. Fifty-three percent of voters approved Issue 6 on Election Day, which called on lawmakers to regulate the production and dispensing of medical cannabis within 120 days.

In Maine, leading House and Senate lawmakers have endorsed emergency legislation, LD 88, to delay retail marijuana sales by at least three months. Under the voter-initiated law, rules regulating the commercial marijuana market are supposed to be operational by January 1, 2018. (By contrast, separate provisions permitting adults to possess and grow specific quantities of cannabis take effect on January 30, 2017.)

In North Dakota, Senate lawmakers unanimously passed emergency legislation, Senate Bill 2154, to postpone the deadline for the enactment of the North Dakota Compassionate Care Act. Sixty-four percent of voters backed the measure, which gave lawmakers a 90-day window to regulate the distribution of medical marijuana.

Massachusetts’ lawmakers previously enacted legislation imposing a six-month delay on the licensed production and retail sales of marijuana. Legislators are also debating making additional changes to the law, including raising the proposed retail sales tax and limiting the number of plants an adult may grow at home.

In Florida, health regulators are also calling for significant changes to Amendment 2, which passed with 71 percent of the vote.

NORML Executive Director Erik Altieri strongly criticized the proposed changes and delays, calling them “an affront to the democratic process.” He added: “Voters have lived with the failings of marijuana prohibition for far too long already. Lawmakers have a responsibility to abide by the will of the voters and to do so in a timely manner.”

Massachusetts: Lawmakers Amend Voter-Initiated Marijuana Legalization Measure

MAWith little debate, House and Senate lawmakers voted today to significantly amend Massachusetts’ voter-initiated marijuana law.

The vote sets the stage to delay the establishment of state-licensed marijuana retail facilities from January 1, 2018 to July 1, 2018. Governor Charlie Baker, who campaigned against the initiative, must still sign off on the law change. [UPDATE: Gov. Baker signed the language into law on Friday, December 30.] Separate provisions in the law eliminating penalties for adults who privately possess or grow personal use quantities of cannabis took effect on December 15.

According to The Boston Globe, the “extraordinary move” by lawmakers took place in an “informal” legislative session with “just a half-dozen legislators present.”

NORML had been urging lawmakers to adopt the law swiftly as voters intended, and it continues to urge Massachusetts voters to take action.

NORML Executive Director Erik Altieri called lawmakers’ decision a “slap in the face” to the nearly two million Massachusetts voters who decided in favor of Question 4 on Election Day.

“The arrogance and hubris lawmakers are showing toward voters is remarkable,” he said. “The voters have spoken and it is incumbent on legislators to carry out their will. Massachusetts was the first state in the nation to impose criminal penalties on marijuana – doing so in 1914. After more than a century of this failed policy, it is time to bring prohibition to an end in Massachusetts.”

The move by lawmakers to delay aspects of the law’s implementation is not altogether surprising, as politicians and bureaucrats had previously discussed restricting home cultivation as well as raising the proposed sales taxes rate on marijuana sales.

Massachusetts: Over a Century Of Cannabis Criminalization Comes to an End

Legalize marijuanaMassachusetts today became the sixth US state to enact legislation eliminating criminal penalties specific to the adult possession and personal use of cannabis. The law change ends over a century-long policy of criminal cannabis prohibition in the Bay State. Massachusetts was the first state in the nation to criminalize the use of marijuana — a policy it first enacted in 1911.

“By legalizing the adult use of marijuana, Massachusetts will shrink the illicit black market, generate millions in tax revenue, end the arrest of otherwise law abiding citizens, and better enable society to keep marijuana out of the hands of children,” NORML Executive Director Erik Altieri said.

Alaska, California, Colorado, Oregon, and Washington have previously adopted voter-initiated laws legalizing the private consumption of cannabis by adults. The District of Columbia also permits adults to legally possess and grow personal use quantities of marijuana in private residences.

On Election Day, 54 percent of Massachusetts voters approved Question 4, The Regulation and Taxation of Marijuana Act. Question 4 permits adults who are not participating in the state’s existing medical cannabis program to legally grow up to six plants, including all of the harvest from those plants, and to possess personal use quantities of cannabis (up to one ounce and/or up to 5 grams of concentrate; in addition, adults may legally possess up to ten ounces of marijuana flower in their home). Public consumption of cannabis remains a civil violation.

Separate provisions in the statute also license the commercial cannabis production and retail sales of cannabis. Those regulations do not take effect until January 1, 2018. However, some state lawmakers have suggested delaying this timeline, raising the state’s proposed sales tax rate, and amending the state’s new home cultivation guidelines — proposals that NORML opposes.

If you live in Massachusetts, urge your lawmakers to move swiftly to fully implement Question 4: The Regulation and Taxation of Marijuana Act as written as approved by voters by clicking here.

NORML’s 2016 LIVE Election Coverage

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

Adult Use Ballot Initiatives


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