Empire State NORML in Albany with the Start SMART Campaign

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Lobby Day
The Drug Policy Alliance, along with other campaign pillar groups Empire State NORML, VOCAL-NY, Cannabis Cultural Association, LatinoJustice and the Immigrant Defense Project, held a press conference and lobby day to announce the Start Sensible Marijuana Access through Regulated Trade (Start SMART) campaign to advocate for the substantially amended version of the Marijuana Regulation and Taxation Act (MRTA) this past Monday, June 12th.

Dozens of activists from all around the state took buses, drove cars and rode trains to Albany to join the campaign in launching and lobbying for the legalization bill. After the excellent citizen lobby day training provided by the Drug Policy Alliance, the group split up to divide and conquer before the press conference hitting as many offices as they could as well as attending scheduled meetings.

In the afternoon the press conference was held in front of the Senate Chambers. Joining advocates at the press conference were the MRTA’s prime sponsors in both houses, Senator Liz Krueger (D-New York) and Assemblymember Crystal Peoples-Stokes (D-Buffalo), as well as key MRTA sponsors including: Assemblymember Dick Gottfried (D-New York), Senator Jamaal Bailey (D-Bronx), Senator Jesse Hamilton (IDC-Brooklyn), Senator Gustavo Rivera (D-Bronx), Assemblymember Walter Mosley (D-Brooklyn) and Assemblymember Michael Blake (D-Bronx). We also heard from representatives of Start SMART pillar groups, Drug Policy Alliance (Kassandra Frederique), Empire State NORML (Doug Greene), LatinoJustice (Juan Cartagena), VOCAL-NY (Nick Malinowski), Immigrant Defense Project (Mizue Aizeki) and Cannabis Cultural Association (Nelson Guerrero and Jacob Plowden).

Afterwards the group of dedicated activists went back to work. Some went to the Senate and Assembly chambers to pull their members off the floor to seek their support of the new bill, while others continued dropping off materials at the offices of legislators who have voted for further decriminalization but haven’t supported taxation and regulation of marijuana.

The Start SMART campaign

The substantially amended MRTA would reestablish a legal market for marijuana in New York and create a system to tax and regulate marijuana in a manner similar to alcohol and the craft brewery industry, for adults over the age of 21. Over the past twenty years, nearly 800,000 people have been negatively affected by the harms of prohibition. With people of color accounting for nearly 85% of those arrested annually for possession, the collateral consequences are felt most in these communities. Because of the racial injustice caused by prohibition, the bill is not only an end to prohibition in New York, but also a win in the ongoing fight for racial equality. Significant steps are taken to ensure that those most negatively affected by prohibition will benefit from its repeal.

The reworked Marijuana Regulation and Taxation Act (MRTA) includes substantial racial justice and small business-friendly amendments, including:

  • Creating a micro-license structure, similar to New York’s rapidly growing craft wine and beer industry, that allows small-scale production and sale plus delivery to reduce barriers to entry for people with less access to capital and traditional avenues of financing.
  • Establishing the Community Grants Reinvestment Fund, which will invest in communities that have been disproportionately impacted by the drug war through job training, economic empowerment, and youth development programming.
  • Ensuring diversity in New York’s marijuana industry by removing barriers to access like capital requirements and building inclusivity by allowing licensing to people with prior drug convictions. Only people with business-related convictions (such as fraud or tax evasion) will be explicitly barred from receiving licenses

Start SMART NY is a campaign to end marijuana prohibition and repair the harms to communities convened by the Drug Policy Alliance in partnership with groups dedicated to ending marijuana prohibition, including Empire State NORML.

NY resident? Click here to send a message to your lawmakers in support of the bill. 

Make sure to visit Empire State NORML’s website by clicking here and follow them on Facebook and Twitter.

Click here to see the press release from earlier in the week. and click here to go to the Start SMART NY website

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. 

Weekly Legislative Update 5/20/17

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

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

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

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

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

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

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

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

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

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

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

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

Thanks for all you do and keep fighting,
Justin

Priority Alerts

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

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

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

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

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

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

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

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

Nevada
Senate legislation is pending, SB 236, introduced by Sen. Tick Segerblom to regulate the social use of cannabis.

The measure allows select businesses to apply for licensing to permit adult marijuana use on their premises. It would also allow event organizers to seek permits to allow adult use at specific events.

Update: SB236 passed out of the Assembly Government Operations Committee on May 16.

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

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

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

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

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

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

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

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

Other Actions to Take

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

 

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

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

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

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

NY resident? Click here to express your support for these measures to your lawmakers.

 

 

 

 

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.

Weekly Legislative Update 5/6/17

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

The biggest story this week in the marijuana world was the inclusion of the Rohrabacher-Blumenauer language (Section 537) in the omnibus spending package to prevent the Department of Justice from interfering with lawful state-regulated medical marijuana consumers and businesses.

In a signing statement by President Trump, expressed that he “will treat this provision consistently with my constitutional responsibility to take care that the laws be faithfully executed” when it comes to Section 537. The lack of clarity is disturbing and casts doubt on whether his administration and Attorney General Jeff Sessions will honor the enforcement restrictions. In the past, the courts have upheld this tactic of Congress legislating through the appropriations process, however it will ultimately take a bill to end this tension between the federal and state laws, not just temporary spending riders.

Marijuana Big Talks Speaker Lineup FINAL 5.3 copyAlso this week, Representative Jared Polis held an event in the foyer of the Rayburn House Office Building solely focused on marijuana policy. Speakers included Boulder County D.A. Stan Garnett and former Colorado NORML Executive Director Rachel Gillette.

For the whole morning, the halls of Rayburn echoed with the words of cannabis reformers declaring the need for sensible policies on marijuana ranging from the need for 280E tax reform to an end to the delusional thought that a southern boarder wall will stop the drug trade.

At the state level, this has been a very active week for marijuana reformers as additional states near the end of their legislative calendars. Progress has been made from Texas moving forward to establish a medical marijuana program to Vermont inching closer towards outright legalization. Yet with the end of the Florida legislative session, the House and Senate were unable to come to a compromise as how to implement Amendment 2 and now the rule making process will be left up to the Florida Department of Health.

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

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

Thanks for all you do and keep fighting,
Justin

Priority Alerts

Federal

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

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

New Hampshire

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

HB 640, sponsored by 6 Republicans and 6 Democrats, will amend criminal penalties for marijuana possession is pending in the House, where lawmakers have overwhelmingly supported such efforts for eight years in a row. However, legislators this year are hopeful that, for the first time, they also have sufficient votes to also clear the Senate.

Update: Governor Chris Sununu has reiterated his support for decriminalizing marijuana.

NH resident? Click here to send a message to your lawmakers telling them to act on decriminalization this year. 

Texas

Legislation to authorize the possession, production, and distribution of medical marijuana and marijuana-infused products to qualified patients. Patients would receive cannabis through a network of private dispensaries and operators, similar to pharmacies, regulated under “strict guidelines” by the Texas Department of Public Safety.

Update: HB 2107 had a hearing on May 2 and after powerful targeted testimony, the number of cosponsors for the bill jumped from 5 to 75. Later in the week, the Texas House of Representatives Committee on Public Health approved HR 2107 on May 5 by a vote of 7-2. The bill will now be considered by the Calendars Committee to determine the date of the full House vote.

TX resident? Click here to send a message to your lawmakers and tell them to support the bill. 

Vermont

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

Update: The Senate has passed on May 5 an unrelated bill (S. 22) to include the provisions of H. 170. It maintains House approved language eliminating penalties for the possession and cultivation of personal use amounts of marijuana by July 2018, but also creates a new Marijuana Regulation Commission, to draft legislation by November 1, 2017 that “establishes a comprehensive regulatory and revenue system for an adult-use marijuana market that, when compared to the current illegal marijuana market, increases public safety and reduces harm to public health.” The commission’s bill would be ready for a vote by January 2018.

VT resident? Click here to send a message to your lawmakers and urge them to take swift action to pass the bill. 

Additional Actions to Take

Colorado

State officials in Colorado are considering legislation, SB 192, to protect the state’s adult use marijuana industry in case of a potential federal crackdown.

The bill would permit adult use growers and sellers to instantly reclassify their recreational marijuana inventory as medical marijuana “based on a business need due to a change in local, state, or federal law or enforcement policy.” In recent weeks, officials from the Trump administration have indicated that they may consider taking action against recreational marijuana providers, but that they will not likely move against state-licensed medical marijuana providers.

Update: House members approved SB 192 on May 3 by a vote of 58 to 5. Because of House amendments, the bill returns to the Senate, which must either re-approve the measure or seek reconciliation.

CO resident? Click here to contact your elected officials in support of this effort.

Louisiana

SB 35, introduced by Sen. Yvonne Colomb, provides explicit exemptions from arrest and prosecution for persons lawfully in possession of medical marijuana.

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

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

Update: Members of the Senate Judiciary Committee voted without opposition to move SB 35 to the Senate floor.

LA resident? Click here to contact your elected officials in support of this effort.

Maine

Legislation is pending to expedite the retail sale of marijuana products to those over the age of 21.

LD 1448 and LD 1491 would permit licensed medical cannabis dispensaries the opportunity to “sell limited marijuana retail products to a person who is 21 years of age or older.”

A majority of voters in November approved an initiated measure to permit the possession, production, and retail sale of marijuana and marijuana-infused products. However, emergency legislation signed into law in January delays the implementation of regulations overseeing the commercial production and retail sale of marijuana until at least February 1, 2018.

Passage of these measures would allow dispensaries to engage in marijuana sales ahead of this date.

ME resident? Click here to contact your elected officials in support of this effort.

New Hampshire

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

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

Update: Members of the Senate Health and Human Services Committee on May 4 passed HB 160 out of Committee.

NH resident? Click here to contact your elected officials in support of this effort.

New York

Legislation is moving forward, A. 7006, to allow patients with post-traumatic stress eligible for medical cannabis therapy.

New York is one of the only states with a medical marijuana program that does not allow patients with PTSD access to medical cannabis.

Update: The New York Assembly passed A 7006 on May 2. The bill now awaits action by the Senate. Governor Andrew Cuomo says that he is open to expanding the state’s medical cannabis program to include patients with PTSD.

NY resident? Click here to urge your lawmakers to support this effort.

Vermont

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

Update: Members of the House gave preliminary approval SB 16 on May 1. Once a final vote is recorded, the measure will be transmitted to the Governor’s office.

VT resident? Click here to urge the Governor to sign SB 16.

West Virginia: Lawmakers Approve Amended Medical Marijuana Measure

oil_bottlesWest Virginia legislators on Thursday approved a significantly amended version of Senate Bill 386, which seeks to establish a state-regulated medical cannabis program. The measure now awaits action from Democrat Gov. Jim Justice, who has previously expressed support for permitting qualified patients access cannabis therapy.

If signed into law, West Virginia will become the 30th state to authorize by statute the physicians-recommended use of cannabis or cannabis-infused products.

Under the amended measure, qualified patients will be permitted to obtain cannabis-infused oils, pills, tinctures, or creams from a limited number of state-authorized dispensaries. Cannabis-based medications will be produced by state-licensed growers and processors. Patients will not be permitted to grow their own cannabis, nor will they be able to legally access or smoke herbal formulations of the plant. Similar restrictive programs are presently in place in Minnesota and New York and are awaiting implementation in Louisiana, Pennsylvania, and Ohio.

To participate in the proposed program, both patients and physicians would need to be registered with the state. Government officials are not mandated under the legislation to begin issuing patient identification cards until July 1, 2019.

Weekly Legislative Roundup 4/01/17

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

Happy April Fools Day – unfortunately I have no light-hearted gag for you today as marijuana prohibition is still very much in effect with thousands of people a week arrested throughout the country for mere possession of the plant.

Nationwide, we have topped 1,600+ bills being filed throughout the country pertaining to marijuana. From new efforts in the Senate to remove marijuana from the Controlled Substances Act and to tax and regulate marijuana to tax reform that would treat marijuana businesses just like every other industry through 280E reform, a new found pressure is now felt for reform on Capitol Hill.

At the state level, we have seen a range from legislative progress on social clubs in Colorado to the prohibitionists on the verge of a victory on rolling back local progress in Tennessee on decriminalization.

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
Regulate and Tax: Senator Ron Wyden and Representatives Earl Blumenauer and Jared Polis have introduced legislation in the House and Senate — The Marijuana Revenue and Regulation Act — (SB 776 and HB 1841 / HB 1823) to permit states to establish their own marijuana regulatory policies free from federal interference. In addition to removing marijuana from the United States Controlled Substances Act, this legislation also removes enforcement power from the US Drug Enforcement Administration in matter concerning marijuana possession, production, and sales — thus permitting state governments to regulate these activities as they see fit. An additional excise tax would be levied on the sale of marijuana.  

Click here to email your federal elected officials to support this effort.

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: The House Second Reading for SB 184 was laid over to 4/03.

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

Delaware
Legislation, HB 110, has been officially filed and introduced to regulate the adult use and sale of marijuana on March 30.  

Senator Henry, the author of the state’s medical marijuana legislation said at a recent Medical Marijuana Act Oversight Committee meeting, “Education is suffering. Revenue from legalizing marijuana could help struggling schools and seniors, among other causes and close major budget deficits in Delaware.” The legislation is expected to be introduced in January.

According to recent polling data compiled by the University of Delaware, sixty-one percent of state voters favor legalizing marijuana.

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

Rhode Island
A coalition of Rhode Island lawmakers has reintroduced marijuana legalization legislation in the House, H. 5555: The Adult Use of Cannabis Act

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.

Update: House Speaker Nicholas Mattiello’s office says it is unlikely that the legislations would get a floor vote in the House.

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

Tennessee
Legislation is before the Governor, 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 Senate passed HB 173 on March 28. It now goes to the Governor.

TN Resident? Click here to tell Governor Haslam to veto this measure.

West Virginia
A coalition of Senate lawmakers have introduced legislation, SB 386, which seeks to establish the West Virginia Medical Cannabis Act — a state-sponsored program that will permit qualified patients to obtain medical cannabis from licensed dispensaries. A House version of the bill, HB 2677, is also pending.

Passage of the bill establishes a commission tasked with developing “policies, procedures, guidelines, and regulations to implement programs to make medical cannabis available to qualifying patients in a safe and effective manner.”

Update: SB 383 passed the senate by a vote of 28-6 and will now head to the House.

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

Other Actions To Take

Federal
The Small Business Tax Equity Act (SB 777 and HB 1810) is pending in the House and Senate to amend the federal tax code so that state-licensed, marijuana-related businesses are no longer unduly penalized by federal laws. NORML supports these legislative efforts.

These measures amend Section 280E of the Federal Income Tax Code so that state-compliant marijuana operators for the first time can take business deductions for standard expenses such as rent and employee compensation and benefits — just like other legally licensed business entities.

According to a 2017 report, over 120,000 workers are now employed full time in the legal cannabis industry. Allowing deductions for rent and employee costs would help these businesses grow economically and would provide incentives for hiring additional employees.

Click here to email your federal elected officials to support this effort.

Arkansas
House Bill 1580 imposes a special eight 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 Arkansas patients should not be forced to pay these excessive costs.

Update: HB 1580 was returned by the Senate committee, with recommendation that it Do Pass.

AR Resident? Email your elected officials to oppose this effort.

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.

CA Resident? Email your elected officials to support this effort.

Colorado
State officials in Colorado are considering legislation, SB 192, to protect the state’s adult use marijuana industry in case of a potential federal crackdown.

The bill would permit adult use growers and sellers to instantly reclassify their recreational marijuana inventory as medical marijuana “based on a business need due to a change in local, state, or federal law or enforcement policy.” In recent weeks, officials from the Trump administration have indicated that they may consider taking action against recreational marijuana providers, but that they will not likely move against state-licensed medical marijuana providers.

Update: The bill passed 4-1 committee in the Republican Senate

CO Resident? Email your elected officials to support this effort.

New York
Legislation is pending, Senate Bill 1087, to expand the state’s medical marijuana law by removing the existing prohibition on herbal cannabis preparations.

Under existing law, qualified patients are forbidden from obtaining whole-plant cannabis. Instead, they are required to access only cannabis-infused oral products such as oils, pills, or extracts prepared from the plant. “Smoking” or inhaling herbal cannabis is not defined as a “certified medical use.”

These restrictions unnecessarily limit patients’ choices and deny them the ability to obtain rapid relief from whole-plant cannabis in a manner that has long proven to be relatively safe and effective.

Senate Bill 1087 amends the law so that the possession and inhalation of herbal cannabis is no longer illegal.

NY Resident? Email your elected officials to support this effort.

Oregon
Legislation is pending in the Senate, SB 863, to limit the federal government from acquiring data regarding adults and patients who legally purchase marijuana under state law.

The emergency legislation, which would take immediate effect, mandates that retailers and dispensaries do not maintain customers’ purchase and/or personal identification records beyond 48 hours.

Sponsors of the bipartisan measure say the privacy protections are in response to recent statements by the Trump administration with regard to a possible enforcement crackdown in adult use marijuana states.

Update: SB 863 cleared the Senate and is now headed to the House.

OR Resident? Email your elected officials to support this effort.

Texas
State Senator Jose Menendez has filed Senate Bill 269, currently making its way through committee, to protect qualified patients who consume cannabis and to provide for the state-licensed production and distribution of the plant.

Update: A bipartisan House version of SB269 to legalize medical marijuana in the state of Texas has just been introduced by Representative Eddie Lucio III, D-Brownsville, titled HB 2107.

TX Resident? Click here to email your officials in support of this effort.

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 2/24/2017

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

The elephant in the room is pretty simple. If you haven’t seen it yet, this week White House Press Secretary Sean Spicer opened the door to a federal crackdown in the states that have legalized adult-use marijuana. You can read more about it HERE.

To date, there have been 1,322 pieces of legislation introduced nationwide – this week’s action ranges from the elected officials in North Dakota seeking to overturn the will of their voters to officials in California seeking to turn themselves into a “Sanctuary State” when it comes to marijuana.

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
Representative Dana Rohrabacher (R-CA), along with six other Republicans and six Democrats, has reintroduced bipartisan legislation, ‘The Respect State Marijuana Laws Act,’ to prevent the federal government from criminally prosecuting individuals and/or businesses who are engaging in state-sanctioned activities specific to the possession, use, production, and distribution of marijuana.

HR 975 states, ‘‘Notwithstanding any other provision of law, the provisions of this subchapter related to marihuana shall not apply to any person acting in compliance with State laws relating to the production, possession, distribution, dispensation, administration, or delivery of marihuana.’’

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

Iowa
Legislation is pending in the House, HF 199, to establish a statewide medical marijuana program. Under HF 199, qualified patients with intractable pain and other conditions would be able to obtain cannabis from state-licensed facilities. Similar legislation is also pending in the Senate, SF 205.

IA Resident? Click here to tell your elected officials to support this effort.

New York
Senator Liz Krueger (D) has introduced the Marijuana Regulation and Taxation Act, which is making its way through the New York General Legislature.

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

Update: The Marijuana Regulation and Taxation Act, State Senate Bill S3040, has been referred to the Finance Committee.

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

North Carolina
Rep. John Autry has filed comprehensive legislation to legalize patients use of and access to medical marijuana.

HB 185, the North Carolina Medical Cannabis Act, permits qualified patients to possess up to 24 ounces of cannabis or grow their own personal supply. Separate provisions in the Act license and regulate the dispensing of cannabis from state-licensed facilities.

NC Resident? Click here to tell your elected officials to support this effort.

North Dakota
Senate legislation is pending, Senate Bill 2344, to significantly rewrite the North Dakota Compassionate Care Act.

Sixty-four percent of voters approved the law on Election Day. Lawmakers should respect the public’s will and implement this law as initiated.

Update: SB 2344 passed the Senate by a vote of 40-6, exceeding the two-thirds majority needed for amending the ballot measure. The bill now awaits further action by the House.

NC Resident? Click here to tell your elected officials to oppose this effort.

South Carolina
Legislation is pending, Senate Bill 212 and House Bill 3521, to establish a program to provide qualified patients with legal access to medical marijuana products.

Under this program, patients would be permitted to obtain up to two ounces of cannabis and/or cannabis-infused products, such as extracts or edibles, from a state-licensed dispensing facility.

Update: Members of the House subcommittee on Medical, Military, Public and Municipal Affairs voted 3-0 on February 21 to report HB 3521 for consideration before the full Committee

SC Resident? Click here to tell your elected officials to support this effort.

South Dakota
Two bills are pending in South Dakota that provide various protections for medical marijuana users in South Dakota. SB 95 and SB 157 do not establish a South Dakota program, but protect those individuals who are prescribed medical marijuana in another state.

SB 95 removes cannabidiol from schedule I and places it in schedule IV. Furthermore, it excludes cannabidiol entirely from the definition of marijuana.

SB 157 protects patients that possess marijuana while they have a valid medical card from another state. The measure “covers patients who have moved to Colorado… or another legal state and done their due diligence for being prescribed medical marijuana.”

Update: SB 95 passed in the Senate on February 21.

SD Resident? Click here to tell your elected officials to support this effort.

Texas
Legislation has been introduced for the 2017 legislative session to decriminalize the possession of small amounts of marijuana.

House Bill 81, filed by Representative Joe Moody and cosponsored by Representative Jason Isaac, seeks to amend state law so that possessing up to one ounce of marijuana is a civil violation, punishable by a fine – no arrest, no jail, and no criminal record. Under current state law, first-time marijuana possession offenses are classified as a criminal misdemeanor punishable by up to six months in jail and a fine of up to $2,000.

According to the ACLU, Texas arrests over 70,000 individuals annually for simple marijuana possession offenses — the second highest total in the nation, at the cost of over 250 million dollars per year.

Update: House Bill 81 has been referred to the State Affairs Committee.

TX Resident? Click here to tell your elected officials to support this effort.

Additional Actions To Take

Arkansas
House Bill 1580 imposes a special eight 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 Arkansas patients should not be forced to pay these excessive costs.

AK Resident? Click here to tell your elected officials to support this effort.

Arizona
Arizona Representative Mark Cardenas has introduced legislation, House Bill 2002, which is making its way through committee, to defelonize minor marijuana possession offenses.

Arizona’s penalties pertaining to the possession and/or sale of cannabis are among the toughest in the nation. Under present law, marijuana possession is classified as a felony, punishable by up to two years in jail. Annually, an estimated 20,000 Arizonans are arrested for violating marijuana possession laws.

AZ Resident? Click here to tell your elected officials to support this effort.

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.”

CA Resident? Click here to tell your elected officials to support this effort.

Colorado
Colorado State Senator Bob Gardner and Representative Dan Pabon have introduced legislation that is headed to the Senate Business, Labor and Technology committee on Tuesday, March 1, 2017. SB 184: The Private Marijuana 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 private club away from the general public.

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

Kansas
Legislation is pending before lawmakers, SB 155, to establish regulations governing a comprehensive medical marijuana program.

SB 155 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.

Update: A hearing was held to debate and discuss SB 55 on February 20.

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

Kentucky  
Legislation filed by Senator Perry Clark of Louisville, SB 57, seeks to establish a statewide, comprehensive medical marijuana program.

Senate Bill 57, The Cannabis Compassion Act, establishes regulations overseeing the establishment of state-licensed dispensaries to provide medical marijuana to qualified patients. It also permits patients to home cultivate their own supply of medical cannabis.

Update: SB 57 was referred to committee.

KY Resident? Click here to tell your elected officials to support this effort.

New Hampshire
Legislation is pending in the state Senate, SB 233, that seeks to legalize and regulate the adult possession, use, and cultivation of limited amounts of marijuana (up to three mature plants and the harvest yielded from them and/or one ounce).

The measure also would establish a commission to establish guidelines governing the eventual regulation of a commercial cannabis retail market.

Update: Members of the Senate Judiciary Committee debated Senate Bill 233 on February 21.

NH Resident? Click here to tell your elected officials 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.

Update: The Health, Human Services and Elderly Affairs Committee voted to pass bills that would add chronic pain and PTSD to the list of qualifying conditions for medical marijuana.  The bills passed by 12-6 and 9-8 margins respectively.

NH Resident? Click here to tell 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.

Update: HB 831 and SB 1116 have both been referred to committees.

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

Virginia
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.

Update: SB 1091 and HB 2051 have both passed the full Senate and the House of Delegates. It now awaits the Governor’s signature or veto.  

VA Resident? Click here to tell your elected officials to support this effort.

West Virginia
A coalition of Senate lawmakers have introduced legislation, SB 386, which seeks to establish the West Virginia Medical Cannabis Act — a state-sponsored program that will permit qualified patients to obtain medical cannabis from licensed dispensaries.

Passage of the bill establishes a commission tasked with developing “policies, procedures, guidelines, and regulations to implement programs to make medical cannabis available to qualifying patients in a safe and effective manner.”

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

Wyoming
The Senate Judiciary Committee approved HB 197, however the scope of the bill has been narrowed enough that NORML now opposes this legislation. HB 197 now only covers the possession of marijuana infused products weighing up to three grams. Due to the changes, Wyoming NORML has also withdrawn support of the bill.  Frank Latta, Executive Director of WY NORML, stated, “A lot of us worked for several years to reach a compromise we could live with,” but that the Senate changes are too much to tolerate.

WY Resident? Click here to tell your elected officials to oppose this effort.

Weekly Legislative Roundup 2/18/2017

blogstickerWelcome to this week’s edition of the marijuana legislative roundup!

So here is a first: their is a Federal Cannabis Caucus!

In case you missed it, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis(D-CO), and Don Young (R-AK) have formed the Congressional Cannabis Caucus to promote sensible cannabis policy reform and to ease the tension between federal and state cannabis laws on Thursday, 2/16.

Our priority call to action at the federal level is for people to contact their Representatives and urge them to join the Caucus – so CLICK HERE to send a message right now!

Nationwide, the number of bills relating to marijuana now tops 1,200, ranging from technical tweaks to codes to a Rep in Washington actually trying to reinstate prohibition! (You’ll see that below, if you are a WA resident, we give you the option of sending him a message directly to voice your opposition to his ludicrous effort)

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
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

Additionally, Representative Dana Rohrabacher (R-CA), along with six other Republicans and six Democrats, has reintroduced bipartisan legislation, ‘The Respect State Marijuana Laws Act,’ to prevent the federal government from criminally prosecuting individuals and/or businesses who are engaging in state-sanctioned activities specific to the possession, use, production, and distribution of marijuana.

HR 975 states, ‘‘Notwithstanding any other provision of law, the provisions of this subchapter related to marihuana shall not apply to any person acting in compliance with State laws relating to the production, possession, distribution, dispensation, administration, or delivery of marihuana.’’

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

Georgia
Legislation is pending in the Senate, SB 105, to reduce minor marijuana possession offenses.

The bill reduces penalties for the possession of up to one-half ounce of marijuana from a maximum penalty of up to one year in jail and a $1,000 fine to no more than a $300 fine.

GA Resident? Click here to tell your elected officials to support this effort.

New Mexico
Senate Bill 177 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 arthritis, neuropathy, Parkinson’s disease, and post-traumatic stress. It also extends the validity of a physicians’ recommendation beyond one year, and fast-tracks the patient registration process, among other important changes.

Update: SB 177 has passed the Senate by a vote of 29-11 and now is in the House for consideration.

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

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. These arrests primarily target African Americans and Hispanics, and have been roundly criticized by leading politicians and civil rights advocates.

Update: A. 2142 has passed the state Assembly by a vote of 95 to 38. The Senate has yet to take action on its companion bill, S. 3809.

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

North Dakota
Senate legislation is pending, Senate Bill 2344, to significantly rewrite the North Dakota Compassionate Care Act.

Sixty-four percent of voters approved the law on Election Day. Lawmakers should respect the public’s will and implement this law as initiated.

Unfortunately, SB 2344 makes several unacceptable changes to the Act. Specifically, it eliminates provisions permitting specific patients the option to cultivate their own medicine, and reduces the quantity of medicine that patients may legally obtain. It also caps the number of medical cannabis cultivators and dispensaries to no more than four and eight, respectively.

Update: Members of the Senate Human Services Committee have recommended passage of Senate Bill 2344. In response to voters’ concerns, they have amended the language so that the definition of ‘usable marijuana’ includes herbal forms of the plant. However, there are still many other provisions that NORML finds troubling and that undermine voters’ intent. The North Dakota Democratic Party has also raised various concerns regarding SB 2344

ND Resident? Click here to tell your elected officials to oppose this effort.

Oregon
Legislation is pending before the Senate, SB 301, to prohibit employers from discriminating against adults who legally consume marijuana during non-work hours.

Senate Bill 301 states, “It is an unlawful employment practice for any employer to require, as a  condition of employment, that any employee or prospective employee refrain from using a substance that is lawful to use under the laws of this state during nonworking hours.”

Passage of this act would not prohibit employers from sanctioning employees who are under the influence at work.

Update: Members of the Senate Judiciary Committee are scheduled to debate SB 301 on Tuesday, February 21.

OR Resident? Click here to tell your elected officials to support this effort.

Rhode Island
A coalition of Rhode Island lawmakers has reintroduced marijuana legalization legislation in the House, H. 5555: The Adult Use of Cannabis Act

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.

RI Resident? Click here to tell your elected officials to support this effort.

South Carolina
Legislation is pending, Senate Bill 212 and House Bill 3521, to establish a program to provide qualified patients with legal access to medical marijuana products.

Under this program, patients would be permitted to obtain up to two ounces of cannabis and/or cannabis-infused products, such as extracts or edibles, from a state-licensed dispensing facility.

Update: Testimony was taken on S. 212 before the Senate Medical Affairs subcommittee on February 16. Among those testifying in favor of the bill included former US Attorney for the District of South Carolina Bill Nettles. Members of the subcommittee have yet to vote on the bill.

Additionally, South Carolina Gov. Henry McMasters says he opposes legalizing marijuana, calling it a “bad idea.”

SC Resident? Click here to tell 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.

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

Washington
Washington state Representative Sherry Appleton has introduced legislation that is currently in committee, HB 1092: The Adult Home Grow & Criminal Reduction Bill, to allow adults the option to legally cultivate personal use amounts of marijuana in a private residence.

Update: Members of the House Committee on Commerce and Gamine have passed a substitute version of HB 1212 to permit the cultivation of up to six plants and/or 24 ounces of usable marijuana harvested from those plants. The bill is now before the House Committee on Rules and the House Committee on Finance.

WA Resident? Click here to tell your elected officials to support this effort.

Additional Actions To Take

Kansas
Legislation is pending before lawmakers, SB 155, to establish regulations governing a comprehensive medical marijuana program.

SB 155 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.

Update: SB 155 has a hearing scheduled for 10:30am on Monday, February 20.

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

Maryland
HB 1185 and SB 928 are pending in the Maryland House and Senate. These measures seek to legalize and regulate the possession and use of limited amounts of marijuana for adults over the age of 21.

Under these proposals, adults would be permitted to possess and grow limited quantities of cannabis. The measures would also regulate and license a commercial and retail marijuana market.

Update: Committee members in the Senate will hear testimony on March 2nd at 1pm. Committee members in the House will hear testimony on March 7th at 1pm.

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

Additionally, Legislation is pending, Senate Bill 974, that prohibits individuals from operating a motor vehicle if they have any “detectable level” of THC or its inert metabolite THC-COOH present in their blood. Members of the Senate Judicial Proceedings Committee will hear testimony on this bill on March 2nd at 1pm.

MD Resident? Click here to tell your elected officials to oppose this effort.

Minnesota
HF 927, to permit the adult use, cultivation, production, and retail sale of marijuana has been introduced in the Minnesota legislature.

Deputy Minority Leader, State Rep. Jon Applebaum has announced his intent to sponsor the measure in a press release. The bill would allow those age 21 or older to legally possess and cultivate marijuana for personal use and establish regulations governing its commercial production and retail sale.

MN Resident? Click here to tell your elected officials to support this effort.

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.

Update: Members of the Senate Judiciary will hear testimony on SB 129 on Tuesday, February 21.

SD Resident? Click here to tell your elected officials to support this effort.

Virginia
Senator David Marsden has introduced a bill to re-approve a previously passed act that will regulate the instate production of cannabis oil for the treatment of intractable epilepsy.

SB 1027 ensures that patients suffering from the debilitating condition will not have to break federal law to import cannabis oil from out of state.

Update: SB1027 has been passed unanimously by both the House (99-0) and Senate (38-0) and now heads to the Governor to be signed into law or vetoed. WSLS reports “It’s unclear if the governor will sign the bill into law.”

VA Resident? Click here to tell your elected officials to support this effort.

Washington
Legislation is pending, House Bill 2096, that seeks to repeal “all laws legalizing the use, possession, sale, or production of marijuana and marijuana-related products.”

While we do not anticipate this measure gaining traction, please let your lawmakers — and the bill’s sponsor, Rep. Brad Klippert — know that you oppose this effort.

WA Resident? Click here to tell your elected officials to oppose this effort.

Wisconsin
Senator Jon Erpenbach (D-Middleton) and Representative Chris Taylor (D-Madison) introduced a pair of bills seeking to provide qualified patients with legal access to medical cannabis. The first bill establishes a statewide medical marijuana program, while the second bill would poll voters’ attitudes on the issue in the form of a nonbinding statewide referendum.

WI Resident? Click here to tell your elected officials to support this effort.

Wyoming
As passed by the House by a 56 to 2 vote, HB 197 reduces 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.

But proposed changes by the Senate would eliminate these penalty reductions.

WY Resident? Click here to tell your elected officials to support reducing penalties.

Weekly Legislative Roundup, 2/10/2017

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

One thing is clear so far this year, elected officials see the writing on the wall when it comes to marijuana in America. This week, the number of bills filed throughout the country pertaining to various marijuana related policies broke 1,000.

Most importantly, Representative Dana Rohrabacher (R-CA), has reintroduced bipartisan legislation, ‘The Respect State Marijuana Laws Act,’ to prevent the federal government from criminally prosecuting individuals and/or businesses who are engaging in state-sanctioned activities specific to the possession, use, production, and distribution of marijuana.

With the recent confirmation of militant marijuana prohibitionist Jeff Sessions to the position of US Attorney General, passage of this Act is necessary to ensure that medical marijuana patients and others are protected from undue federal interference.

In just the last day, we have had over 1,500 people email their Congressional Representative to support this crucial piece of legislation.

Additionally, much to the dismay of marijuana advocates (and a number of our allies including the ACLU and NAACP), Jeff Sessions has been confirmed and sworn in as the nation’s Attorney General.

What happens next in regards to marijuana policy is uncertain but for now, NORML and marijuana advocates from around the country will continue to pursue further progress, be it at the state or federal level.

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
Representative Dana Rohrabacher (R-CA), along with six other Republicans and six Democrats, has reintroduced bipartisan legislation, ‘The Respect State Marijuana Laws Act,’ to prevent the federal government from criminally prosecuting individuals and/or businesses who are engaging in state-sanctioned activities specific to the possession, use, production, and distribution of marijuana.

HR 975 states, ‘‘Notwithstanding any other provision of law, the provisions of this subchapter related to marihuana shall not apply to any person acting in compliance with State laws relating to the production, possession, distribution, dispensation, administration, or delivery of marihuana.’’

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

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.

Reps. Melissa Ziobron (R), and Juan Candelaria (D) also have similar measures, HB 5314 and HB 5539. HB 5314 has been reserved for public hearings and HB 5539 is still being debated in committee.

The House Speaker has previously acknowledged that he expects these bills to receive full hearings this session, so it is vital that your lawmakers hear consistent support for these measures from voters like you.

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

New Hampshire
Update: HB640 has passed the House Criminal Justice and Public Safety Committee on a vote of 14-2.

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 to support this effort.

New York
Legislation has been filed for the 2017 legislative session to eliminate the ‘public view’ loophole exception in New York state’s marijuana law. Abuse of this provision has led to hundreds of thousands of needless marijuana arrests in recent years, primarily in New York City, despite the possession of the plant being decriminalized in the state since 1977.

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

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

A majority of Rhode Island residents, about 60 percent, 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 to support this effort.

Texas
Legislation has been introduced for the 2017 legislative session to decriminalize the possession of small amounts of marijuana.

House Bill 81, filed by Representative Joe Moody and cosponsored by Representative Jason Isaac, seeks to amend state law so that possessing up to one ounce of marijuana is a civil violation, punishable by a fine – no arrest, no jail, and no criminal record. Under current state law, first-time marijuana possession offenses are classified as a criminal misdemeanor punishable by up to six months in jail and a fine of up to $2,000.

According to the ACLU, Texas arrests over 70,000 individuals annually for simple marijuana possession offenses — the second highest total in the nation, at the cost of over 250 million dollars per year.

TX 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.

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

OTHER ACTIONS TO TAKE

Florida
HB 237 seeks to prohibit individuals from operating a motor vehicle if they have 5 or more nanograms of THC per milliliter in their blood.

NORML opposes this proposal.

The presence of low levels of THC in blood is an inappropriate and inconsistent indicator of psychomotor impairment. No less than the United States Traffic Highway Safety Administration (NHTSA) agrees, stating, “It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects. … It is inadvisable to try and predict effects based on blood THC concentrations alone.”

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

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

Georgia
Legislation is pending in the Senate, SB 105, to reduce felony marijuana possession offenses to a fine-only misdemeanor.

Under state law, the possession of over one ounce of marijuana is classified as a felony offense — punishable by a minimum of one year in jail and up to ten years in prison and a $5,000 fine. Senate Bill 105 would reduce this penalty to a misdemeanor punishable by a maximum fine of $300.

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

Iowa
Legislation is pending in the House, HF 199, to establish a statewide medical marijuana program. Under HF 199, qualified patients with intractable pain and other conditions would be able to obtain cannabis from state-licensed facilities. Similar legislation is also pending in the Senate, SF 205.

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

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

Kansas
Legislation is pending before lawmakers, SB 155, to establish regulations governing a comprehensive medical marijuana program.

SB 155 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.

Kansas is one of fewer than a dozen US states that has taken no action to reform its medical marijuana laws. Please urge your House and Senate lawmakers to support these comprehensive legislation.

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

Minnesota
Legislation to permit the adult use, cultivation, production, and retail sale of marijuana is forthcoming in the Minnesota legislature.

Deputy Minority Leader, State Rep. Jon Applebaum has announced his intent to sponsor the measure in a press release. The bill would allow those age 21 or older to legally possess and cultivate marijuana for personal use and establish regulations governing its commercial production and retail sale.

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

New Mexico
Update: HB 89 has cleared the first committee as it makes it’s way to the floor of the House.

State Representatives Bill McCamley and Javier Martinez introduced HB 89 to regulate the cultivation and retail sale of marijuana in the state.

”It is either going to happen sooner or it is going to happen later and if it happens sooner we can realize the economic benefits now.” McCamley said.

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

Oklahoma
Legislation is pending in the House, HB 1877, The Medical Marijuana Act of 2017.

Passage of the Act would regulate state-licensed dispensaries to provide up to two and one-half ounces of marijuana to qualifying patients.

Separate provisions protect the rights of patients from civil sanctions, stating: “An employer shall not discriminate against an individual in hiring, termination or any term or condition of employment, or otherwise penalize an individual, based upon the past or present status of the individual as a qualifying patient or designated caregiver; A person otherwise entitled to custody of, or visitation or parenting time with, a minor shall not be denied custody, visitation or parenting time solely for conduct allowed under this act.”

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

Vermont
UPDATE: H. 170 was first heard on Thursday, Feb. 9th

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.

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

Wisconsin
Senator Jon Erpenbach (D-Middleton) and Representative Chris Taylor (D-Madison) introduced a pair of bills seeking to provide qualified patients with legal access to medical cannabis. The first bill establishes a statewide medical marijuana program, while the second bill would poll voters’ attitudes on the issue in the form of a nonbinding statewide referendum.

Speaking at a news conference, Sen. Erpenbach said that the passage of his legislation will put patients “in a situation where they don’t have to break the law anymore.”
WI Resident? Click here to email your elected officials to support this effort.

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.

 

 

Weekly Legislative Roundup, 1/13/2017

NORML supporters:

Welcome to this week’s edition of the legislative roundup. With a majority of states now full swing into their legislative sessions, over 400 bills nationwide have been submitted that in some way, shape, or form address marijuana policies. Ranging from ending the criminal prohibition of marijuana to tweaking established legal medical marijuana programs in order to better serve patients; clearly, inch by inch, we are winning.

Below are the priority bills that we are tracking so far, with more being posted on our http://norml.org/act page every day.

blogstickerIf 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

Federal

– Protecting the sanctity of property rights for those targeted for marijuana related offenses

Legislation is pending before Congress, HR 331, to halt the federal government from taking civil forfeiture action against properties involved in state-sanctioned, medical marijuana-related conduct.

If approved, it would “amend the Controlled Substances Act … to exempt real property from civil forfeiture due to medical marijuana-related conduct that is authorized by state law.”

In the past, federal officials have sought to close dispensaries by threatening property owners with civil forfeiture proceedings. Under these proceedings, property may be seized if there exist evidence that it was involved in activities that violate federal law, regardless of whether those activities are licit under state law.

Presently, the Justice Department is barred from taking such actions because of the passage of the Rohrabacher-Farr amendment. However, that protection will expire on April 28, 2017 unless renewed by Congress.

Click here to email your Representative to urge them to support this measure.

– A change in the guard at the head of the US Department of Justice

Alabama Senator Jefferson “Jeff” Sessions began the confirmation process to become the next Attorney General of the United States.

Senator Sessions is a militant opponent of any efforts to reform marijuana policy who once notoriously remarked that the Ku Klux Klan “was okay until I found out they smoked pot.” He is a staunch proponent of the long-discredited ‘gateway theory,’ and has called on federal officials to return to the ‘Just Say No’ rhetoric of the 1980s. In fact, he was one of only 16 US Senators to receive a failing grade from NORML in our 2016 Congressional Report Card because of statements like these:

“We need grown-ups in charge in Washington to say marijuana is not the kind of thing that ought to be legalized, it ought not to be minimized, that it’s in fact a very real danger.”

“[Marijuana] cannot be played with, it is not funny, it’s not something to laugh about, and trying to send that message with clarity, that good people don’t smoke marijuana.”

NORML opposes his confirmation unless he will clarify that he does not intend to use the resources of the United States Justice Department against marijuana consumers and businesses that are operating in accordance with state laws in regards to medicinal or recreational marijuana.

Click here to email your US Senators and urge them to raise this issue or #JustSayNoToSessions

Connecticut

Legislation to legalize the adult use of marijuana and to regulate its commercial commerce is pending now in both the House and Senate.

SB 11 by state Senator Martin Looney (D) and HB 5314 by Rep. Melissa Ziobron (R) have been filed to regulate the personal use and retail sale of marijuana by adults.

A similar legislative effort led by Juan Candelaria (D) and over a dozen co-sponsors, HB 5539, is also pending in the House. The House Speaker has previously acknowledged that he expects these bills to receive full hearings this session, so it is vital that your lawmakers hear consistent support for these measures from voters like you.

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

Indiana

A Senate lawmaker has reintroduced legislation, SB 255, to regulate marijuana access to qualified patients.

The measure, sponsored by Democrat Sen. Karen Tallian, establishes a statewide medical marijuana program to permit qualified patients — including patients with arthritis, migraine, PTSD, and seizures — to legally obtain cannabis products and to  engage in cannabis therapy.

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

Kentucky

Legislation filed by Senator Perry Clark of Louisville, SB 57, seeks to establish a statewide, comprehensive medical marijuana program.

Senate Bill 57, The Cannabis Compassion Act, establishes regulations overseeing the establishment of state-licensed dispensaries to provide medical marijuana to qualified patients. It also permits patients to home cultivate their own supply of medical cannabis.

Senator Clark said: “Too many Kentuckians have had their lives stymied with criminal records as a result of nonviolent marijuana convictions. That is wrong. It is time to stop making criminals out of citizens due to outdated and ridiculous laws concerning cannabis.”

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

Additionally, Legislation has also filed by Senator Perry Clark of Louisville, Senate Bill 76, seeks to legalize the possession and use of limited amounts of marijuana for those over the age of 21.

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

Maine

Maine Senate President Mike Thibodeau and House Speaker Sara Gideon have struck a deal to introduce emergency resolution LD 88 to impose a moratorium on the enactment of many of the key provisions in Question 1, the voter-initiated Marijuana Legalization Act.

While the resolution maintains the January 30th, 2017 repeal of penalties for personal possession and home cultivation of marijuana, it delays provisions specific to the retail production or sale of marijuana, the social use of marijuana, and the consumption or possession of marijuana-infused products. If passed, this legislation would no longer mandate lawmakers to enact these provisions by January 1, 2018 — as is presently required by law — and opens the door indefinitely maintaining the black market’s monopoly on the marijuana market.

Mainers have lived with the failings of marijuana prohibition for far too long already. Any further delay is unnecessary and is an affront to the will of the majority of Maine voters who passed Question 1 on Election Day.

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

Mississippi

Legislation is pending, House Bill 179, to establish a pilot program to provide qualified patients with legal access to medical marijuana products.

Under this program, patients would be permitted to obtain up to 2.5 ounces of cannabis and/or cannabis-infused products, such as extracts or edibles, from a state-licensed dispensing facility. Regulators must begin accepting initial applications from dispensaries and testing facilities by January 1, 2018.

MS 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.

Forthcoming legislation to 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.

In addition, new Gov. Chris Sununu (R) said during his campaign he would support decriminalizing marijuana.

New Hampshire is the only New England state that has not either decriminalized or legalized adult marijuana use.

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

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

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

New Mexico

Legislation is pending, Senate Bill 8, to amend the state’s medical cannabis program in a manner that would better serve patients’ needs. A number of basic fixes are included in the legislation, including expanding the amount of cannabis a patient can possess at a time and expedite the processing of medical marijuana state-issued identification cards.

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

Additionally, State Representative Bill McCamley has announced intentions to propose legislation to regulate the cultivation and retail sale of marijuana in the state.

”It is either going to happen sooner or it is going to happen later and if it happens sooner we can realize the economic benefits now.” McCamley said.

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

New York

Legislation has been filed for the 2017 legislative session to eliminate the ‘public view’ loophole exception in New York state’s marijuana law. Abuse of this provision has led to hundreds of thousands of needless marijuana arrests in recent years, primarily in New York City, despite the possession of the plant being decriminalized in the state since 1977.

Under current law, private possession of marijuana is punishable by nothing more than a simple citation and fine. By contrast, the possession of small amounts of marijuana in a manner that is “open to public view” is classified as a criminal misdemeanor. This loophole has often been used to continue arresting a disproportionate number of minorities, largely as a result of ‘stop and frisk’ policies. Promises from law enforcement in recent years to correct this abuse have not come to fruition.

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

Additionally, legislation is pending, Senate Bill 1087, to expand the state’s medical marijuana law by removing the existing prohibition on herbal cannabis preparations. This is a simple expansion of patient’s rights to access whole plant cannabis for medical purposes.

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

Oregon

Legislation is pending before the Senate, SB 301, to prohibit employers from discriminating against adults who legally consume marijuana during non-work hours.

Senate Bill 301 states, “It is an unlawful employment practice for any employer to require, as a  condition of employment, that any employee or prospective employee refrain from using a substance that is lawful to use under the laws of this state during nonworking hours.”

Passage of this act would not prohibit employers from sanctioning employees who are under the influence at work.

Portland NORML‘s Legislative Committee, in conjunction with the Oregon Chapter of the Employment Lawyers of America, worked on the drafting and filing of this important legislation.

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

Virginia

Legislation has now been introduced in both chambers of the Statehouse to end the practice of suspending drivers licenses for those convicted of marijuana possession. Virginia is one of the few remaining states that implore this archaic policy and a bipartisan coalition of lawmakers have stepped up to reverse it.

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

Washington

Washington state Representative Sherry Appleton has introduced legislation, HB 1092: The Adult Home Grow & Criminal Reduction Bill, to allow adults the option to legally cultivate personal use amounts of marijuana in a private residence.

Presently, eight states permit adults to obtain marijuana via retail sales. All of these states except Washington also permit adults the option to cultivate cannabis.

NORML believes that criminalizing the personal cultivation of cannabis is an arbitrary prohibition that has absolutely no basis in public safety.

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

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This Legislative Roundup is a weekly update by National NORML, cataloging the movements of legislation nationwide in order to give you, the citizen, a more effective voice in government.

Sign up with your local NORML Chapter at http://norml.org/chapters

Study: Medical Marijuana Laws Associated With Fewer Traffic Fatalities

cropsThe passage of medical marijuana legalization is associated with reduced traffic fatalities among younger drivers, according to data published online ahead of print in the American Journal of Public Health.

Investigators from Columbia University in New York and the University of California at Davis analyzed traffic fatality data from the years 1985 to 2014.

They reported that states with medical cannabis laws had lower overall traffic fatality rates compared to states where cannabis is illegal, and that there was an immediate decline in motor vehicle deaths following the establishment of a legal cannabis market – particularly among those under 44 years of age.

Authors concluded: “[O]n average, MMLs (medical marijuana laws) states had lower traffic fatality rates than non-MML states. …. MMLs are associated with reductions in traffic fatalities, particularly pronounced among those aged 25 to 44 years. … It is possible that this is related to lower alcohol-impaired driving behavior in MML-states.”

An abstract of the study, “US traffic fatalities, 1985-2014, and their relationship to medical marijuana laws,” appears online here.

Study: Opioid Prevalence Falls Following Medical Cannabis Legalization

oil_bottlesThe implementation of medical marijuana programs is associated with a decrease in the prevalence of opioids detected among fatally injured drivers, according to data published in the American Journal of Public Health.

Researchers at Columbia University in New York and the University of California at Davis performed a between-state comparison of opioid positivity rates in fatal car accidents in 18 states. Authors reported that drivers between the ages of 21 and 40 who resided in states that permitted medical marijuana use were approximately half as likely to test positive for opioids as were similar drivers in jurisdictions that did not such programs in place.

They concluded, “Operational MMLs (medical marijuana laws) are associated with reductions in opioid positivity among 21- to 40-year-old fatally injured drivers and may reduce opioid use and overdose.”

Prior comparisons have determined that medical cannabis access is associated with lower rates of opioid use, abuse, and mortality. Most recently, a 2016 study published in the journal Health Affairs reported a significant decrease in the use of prescription medications following the implementation of medical marijuana programs.

An abstract of the study, “State medical marijuana laws and the prevalence of opioids detected among fatally injured drivers,” appears online here.

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