The Smell Of Marijuana Should Not Be A Death Sentence

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

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

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

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

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

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

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

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

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

They continue:

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

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

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

Below are additional facts regarding the racial disparity of prohibition:

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

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

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

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

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

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

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

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

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

 

Vermont: House Blocks Marijuana Depenalization Bill From Further Consideration

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

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

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

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

The Smell Of Marijuana Shouldn’t Be A Death Sentence

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

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

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

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

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

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

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

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

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

They continue:

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

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

Data from The Marshall Project

Screen Shot 2017-06-22 at 12.24.13 PM

Data from The Marshall Project

 

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

 

Below are additional facts regarding the racial disparity of prohibition:

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

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

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

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

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

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

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

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

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

Weekly Legislative Update 6/17/17

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

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

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

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

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

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

Thanks for all you do and keep fighting,
Justin

Priority Alerts

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

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

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

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

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

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

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

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

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

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

 

Pennsylvania Governor to AG Sessions: Back Off!

In a recent letter to Attorney General Jeff Sessions, Pennsylvania Governor Tom Wolf wrote a pointed letter regarding the Department of Justice and it’s posturing to implement a crackdown of lawful state medical marijuana programs.

The full letter:

Dear Attorney General Sessions:

Last year, the Pennsylvania passed bipartisan legislation to legalize Medical Marijuana that I was proud to sign into law. The legislation was the result of conversations with Republicans and Democrats and fierce advocacy from families of children who were stricken with terrible illness that could be helped by Medical Marijuana.

We talked to kids who suffer dozens of seizures in a given day. We met veterans who have seen absolute terror and seek relief from the effects of their post-traumatic stress. We approached the responsibility of providing relief to the people of Pennsylvania very thoughtfully.

Since I signed the legislation, we have taken very careful and deliberate steps to implement the law so that those who are suffering can get relief while ensuring that the state is a responsible steward of the program.

Given the bipartisan and medical consensus for Medical Marijuana in Pennsylvania and many other states, I am disturbed to know that you are actively pursuing a change in federal law to go after medical marijuana suppliers.

We do not need the federal government getting in the way of Pennsylvania’s right to deliver them relief through our new medical marijuana program.

Your action to undo the protections of the Rohrabacher-Farr amendment, which prevents the use federal funds to disrupt states’ efforts to implement “their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana” is misguided.

If you seek to further disrupt our ability to establish a legal way to deliver relief of medical marijuana to our citizens, I will ask the Attorney General of Pennsylvania to take legal action to protect our residents and state sovereignty.

Sincerely,

Governor Tom Wolf

Attorney General Jeff Sessions Photo by Gage Skidmore

Attorney General Jeff Sessions
Photo by Gage Skidmore

This comes in response to a recently revealed private letter that Jeff Sessions sent to Congressional leadership requesting that the DOJ be permitted to target and prosecute state-licensed medical cannabis facilities, currently prohibited by a spending rider known as the Rohrabacher-Blumenauer amendment.

“I believe it would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime,” Sessions wrote, “The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.”

Jeff Sessions actually seems to believe that lawful medical marijuana patients, i.e. sick people, are causing the violent crime and contributing to transnational drug trafficking.

Deputy Attorney General Rod Rosenstein was questioned about federal marijuana policy during a Senate Judiciary Committee hearing earlier this week and he brought up current DOJ policy and left the door wide open to a potential crackdown.

“Jim Cole tried to deal with it in that memorandum and at the moment that memorandum is still in effect. Maybe there will be changes to it in the future but we’re still operating under that policy which is an effort to balance the conflicting interests with regard to marijuana,” stated Rosenstein, “So I can assure you that is going to be a high priority for me as the U.S. Attorneys come on board to talk about how to deal with that challenge in the states that have legalized or decriminalized marijuana, whether it be for recreational or medical use…”

The Cole Memo, is a Justice Department memorandum, authored by US Deputy Attorney General James Cole in 2013 to US attorneys in all 50 states directs prosecutors not to interfere with state legalization efforts and those licensed to engage in the plant’s production and sale, provided that such persons do not engage in marijuana sales to minors or divert the product to states that have not legalized its use, among other guidelines.

But while the Justice Department contemplates its next move, Wolf and other state politicians are taking action. Recently, Washington Gov. Jay Inslee (D), Colorado Gov. John Hickenlooper (D), Oregon Gov. Kate Brown (D) and Alaska Gov. Bill Walker (I) issued a letter to the new U.S. Attorney General and to Secretary of Treasury Mnuchin calling on them to uphold the Obama Administration’s largely ‘hands off’ policies toward marijuana legalization, as outlined in the Cole Memo.

“Overhauling the Cole Memo is sure to produce unintended and harmful consequences,” the governors wrote. “Changes that hurt the regulated market would divert existing marijuana product into the black market and increase dangerous activity in both our states and our neighboring states.”

Click here to send a message to your member of Congress to urge them to force the Department of Justice to respect state marijuana laws and then visit http://norml.org/act to support other efforts in your state and federally.

PA resident? Click here to send a message to your state lawmakers to support the effort to decriminalize marijuana in the Keystone State.

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 5/27/17

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

Republican Gov. Phil Scott rejected legislation earlier this week, Senate Bill 22, which sought to eliminate criminal and civil penalties for the adult use and possession of marijuana. The Governor said that he did not support the legislation as written, but remains open to working with lawmakers over the summer on ways to amend the state’s cannabis policies.

In Maryland, Governor Larry Hogan has apparently chosen to not take action on legislation, House Bill 379 / Senate Bill 949 to permit those who received a criminal marijuana possession conviction prior to October 1, 2014, to seek expungement of their records, meaning the bills will go into effect.

Earlier this week, we sent out an update to our members pertaining the to status of cosponsorship to federal legislation. Click here to view it and take action. 

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

Colorado
SB 192, to protect the state’s adult use marijuana industry in case of a potential federal crackdown, 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: S. 192 passed the Senate on May 9 and was transmitted to Governor Hickenlooper on May 18. The bill now awaits his signature or veto.

CO resident? Click here to send a message to the Governor urging his signature. 

New Hampshire
Legislation is pending in New Hampshire, 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 bill received a favorable Senate committee report on May 25.

NH resident? Click here to send a message to your state Senator to support the bill. 

Minnesota
HF 2714, to amend the Minnesota Constitution to regulate the adult use, cultivation, production, and retail sale of marijuana was introduced May 20.

Earlier in the year, Deputy Minority Leader, State Rep. Jon Applebaum introduced additional legislation, HF 927, to permit the adult use, cultivation, production, and retail sale of marijuana has been introduced in the Minnesota House. Rep Applebaum said in support of his House bill, “The world is changing, and Minnesotans are rightfully developing different attitudes on marijuana. Other states’ successes, along with the failed prohibition attempts of others, have validated the need for a statewide conversation on legalizing the personal, recreational use of marijuana.”

MN resident? Click here to send your lawmakers a message in support of these efforts.

Texas
House Concurrent Resolution (HRC) 149 – Legislation proposed by Texas House Representative Eddie Lucio, III requests that the Lieutenant Governor and the Speaker of the House of Representatives create a joint interim committee to study the feasibility of medical cannabis in Texas. While an HRC is not required to hold an interim committee study, passing this Concurrent Resolution will ensure that the study takes place.

TX resident? Send a message to your lawmakers in support of HRC 149. 

 

Vermont Governor Phil Scott Vetoes Marijuana Legalization

Cannabis PenaltiesRepublican Gov. Phil Scott today rejected legislation, Senate Bill 22, that sought to eliminate criminal and civil penalties for the adult use and possession of marijuana. The Governor said that he did not support the legislation as written, but remains open to working with lawmakers over the summer on ways to amend the state’s cannabis policies.

Representatives from the Vermont Association of Police Chiefs, the Vermont Medical Society, and the Vermont American Academy of Pediatrics were among those groups opposing S. 22.

“It is disappointing that Gov. Scott would not only defy the will of state legislators, but also the will of the majority of Vermont voters who support ending criminal penalties for those adults who consume cannabis responsibly,” NORML Political Director Justin Strekal said. “Minor marijuana possession offenders should not be saddled with a criminal record and the lifelong penalties and stigma associated with it. Rather than looking to the future, Gov. Scott seems intent on repeating the failures of the past.”

Senate Bill 22 would have amended state law so that the possession of up to one ounce of cannabis and/or the cultivation of up to two mature plants (and up to four immature plants) would have no longer been subject to penalty, beginning July 1, 2018. It also established a nine member commission to make recommendations to the legislature regarding how best to regulate the adult use marijuana market.

State lawmakers approved the measure earlier this month. It was the first time that a legislative body ever approved legislation eliminating criminal and civil penalties for adults who possess or grow marijuana for non-medical purposes.

House lawmakers in 2016 rejected similar legislation. That measure had been supported by former Gov. Peter Shumlin.

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 5/13/17

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

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

NPR reports:

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

Thanks for all you do and keep fighting,
Justin

Priority Alerts

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

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

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

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

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

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

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

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

Other Actions to Take

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

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

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

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

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

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

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

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

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

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

The bill expands the number of qualifying conditions eligible to receive cannabis therapy to include: lupus, epilepsy, multiple sclerosis, arthritis, and autism. It also permits patients’ caregivers to engage in medical cannabis cultivation, among other changes.

HI resident? Click here to send a message to the Governor urging them to sign the legislation. 

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

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

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

Atlanta City Council Considers Decriminalization of Marijuana

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**Update: Peachtree NORML has just informed us that the vote has been postponed. We will keep you posted as developments unfold. 

On Monday, May 15, 2017, the City Council of Atlanta, Georgia will vote on an ordinance that would decriminalize the possession of one ounce or less of marijuana within Atlanta’s City Limits. Under Georgia law, the possession of one ounce or less is an arrestable offense that could result in up to a $1000 fine and 12 months in jail. This ordinance would allow for the issuance of a citation which carries a $75.00 fine. The ordinance would only apply to the Atlanta Police Department. Other agencies operating within the City, such as the State Patrol and Fulton County Sheriff, would still be able to arrest for the offense.

While it may not seem like much protection, the passage of this ordinance would be a giant step in Georgia. The small town of Clarkston passed a similar ordinance in July 2016. While that stirred up some news, the Capital of Georgia passing it would have a major ripple effect. One mayoral candidate, Vincent Fort, who is a current member of Georgia’s Senate, has made decriminalization the major plank in his campaign platform. It is a hot topic in Georgia.

Peachtree NORML, in association with Georgia C.A.R.E. Project, has begun a City-by- City campaign which is beginning to have some success. By providing fact-based data to municipal governments wishing to consider such measures, we hope to begin reducing the harm caused by an arrest for small amounts of marijuana in Georgia.

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

Sharon Ravert, the Founder of Peachtree NORML is fond of saying, “When we are talking, we are winning.” Hopefully the City of Atlanta will prove her right next Monday.

Contact your council representatives today and urge them to vote “Yes” on a fiscally sensible proposal that will enable police, prosecutors, and the courts to reallocate their existing resources toward activities that will better serve the public.

Click the link below to get started!

TAKE ACTION: http://act.norml.org/p/dia/action4/common/public/?action_KEY=20611

For more updates on local reform efforts, follow Peachtree NORML by visiting their website, Facebook and Twitter! To make a donation to Peachtree NORML, please click here.

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

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

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

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

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

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

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

Texas: HB 2107 Stalls at the Deadline – A Letter from Texas NORML Executive Director

Fellow Texans,

It is with a heavy heart that I write you. I must inform you that the deadline for a bill to be put on the House Agenda for the floor expired last night at 10pm. While HB 81 did make it on to the agenda before the deadline, HB 2107 did not.

This was due to the paperwork not being completed for it’s enrollment in calendars with enough time, completed less than 3 hours before the deadline to be placed on the agenda. With no special Calendars meeting called to hear it’s addition, HB 2107 was not able to progress and is no longer a viable option in it’s form. However, it’s two main authors, Rep Lucio III and Rep Isaac, have promised to continue to look for avenues to codify protections for patients as this legislative session continues. You can also read this touching letter from them.Texas NORML will diligently support any attempts made to enact protections for patients in the upcoming weeks.

Our thoughts are with the many patients, caregivers and practitioners in the state that are effected by this disappointment. Times like these are very difficult and we are all still working to process this.

With that in mind, I would like to share some silver linings that have come from the historic actions taken to enact HB 2107 that I hope help soften the blow.

Texas has never previously held a committee vote on a whole plant medical cannabis bill. We were able to hold our most powerful and effective hearing yet which ended in a 7-2 vote that we know have on the record for the first time. It is also remarkable to note that the Chair put the bill up for a vote out of turn and knowing he would vote against it. This is not a regular occurrence.

A historic 70+ legislators signed up as coauthors on the bill in the 36 hour periodafter the hearing. 28 of those were Republicans. 4 of the 5 Doctors in the Houseare also included in the coauthor list. We have gone from a handful of legislative supporters to unprecedented numbers! Numbers that would have given HB 2107 the votes to pass. So we must diligently work to keep each one of these allies.

With that many legislators vested, safe access to medical cannabis becomes a significant campaign talking point. It will be important the we check back in on the basics when the interim begins and prepare for the most important campaign season of medical cannabis’ history. We will of course have a new Texas NORML Marijuana Policy Voter Guide and Voting Appendix.

It is important that we keep our lobbying efforts alive and sustain the work we are doing at the Capitol and across the state. There will be major opportunities in front of us that we must be ready to capitalize on.

We learned a lot. We are carbon pressed to diamonds. We must continue to slice away at prohibition!

Please take a moment to CALL or EMAIL your support for HB 81, so that we can work to remove the criminal penalty for possession of one ounce or less! It is imperative that we accomplish this by midnight on Thursday, the day the bill is scheduled.

Jax Finkel

Executive Director
Texas NORML
The problem is the law, not the plant.
Re-legalize!

Vermont: Lawmakers Approve Measure Eliminating Penalties For The Adult Use Of Marijuana

thumbs_upHouse and Senate lawmakers have approved legislation, Senate Bill 22, to eliminate criminal and civil penalties specific to the adult use and possession of marijuana.

The measure amends state law so that the possession of up to one ounce of cannabis and/or the cultivation of up to two mature plants (and up to four immature plants) is no longer subject to penalty. It also establishes a nine member commission to make recommendations to the legislature regarding how best to regulate the adult use marijuana market.

If enacted into law, the penalty changes would go into effect on July 1, 2018.

Senate Bill 22 now awaits action from Gov. Phil Scott, who has previously expressed support for decriminalizing marijuana but has also said that “the timing’s not right” for legalization. In February, his office came out strongly in opposition to a more expansive Senate proposal that sought to license and regulate the commercial cultivation and retail sale of cannabis to adults.

Vermont’s legislature is the first ever to approve legislation eliminating criminal and civil penalties for adults who possess or grow marijuana for non-medical purposes.

If you reside in Vermont, you can contact the Governor in support of S. 22 by clicking here.

Nevada: Retail Marijuana Sales To Begin This July

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

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

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

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

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