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.

Social Consumption of Marijuana off to a Slow Start in Colorado

14963351_1825384024368232_2740677872685265191_nCurrently marijuana is legal to purchase, possess and consume in the state of Colorado, but the question is: Where can it be legally consumed? Well, if you happen to be in the city of Denver (or most anywhere else in Colorado) the answer is very simple: marijuana can only be legally consumed in a private residence. But what if your landlord won’t allow it or you are one of the thousands of tourists who regularly visits our great city? It appears that we’ll have to continue to wait for state lawmakers to answer that question.

Denver Moves Forward with Social Consumption

Last November, Denver voters passed I-300; a social use initiative that approved the commingling of marijuana and alcohol in bars and restaurants across Denver. Obviously a much different approach when compared to Denver NORML’s Responsible Use Campaign and something the State of Colorado disagreed with. In response, the State of Colorado adopted language making it clear that liquor licenses would not be allowed to permit the consumption of marijuana on their premises. According to the Denver Post, this change went into effect on January 1st of this year and vastly changed the intent of I-300.

“We all want adult consumption everywhere, but this is reality,” said Judd Golden, Legal Counsel for Denver NORML. The news of removing language that allowed the commingling of alcohol and marijuana frustrated proponents of I-300 so a lawsuit was filed against the State of Colorado to push the issue.

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Kevin Mahmalji, outreach director for NORML shared his thoughts on combining the two substances. “As it currently stands, we can easily make the argument that marijuana is safer than alcohol, because the two are separated. If we allow the two to be mixed, any incident fueled by alcohol could potentially be blamed on marijuana. That’s why I believe responsible adults deserve their own space to consume marijuana similar to those who enjoy craft beer or cigars.”

In addition to the state’s decision to prevent the commingling of marijuana and alcohol, the City of Denver created the Social Consumption Advisory Committee that consisted of 22 influential decision makers – ranging from city officials to marijuana business owners – to go over the language line by line. The group met six times over several months and offered countless suggestions to improve the original language of I-300. Including a recommendation that would require patrons to sign a waiver before entering consumption areas. Essentially providing a layer of protections against unwanted exposure by non-consumers and those under 21 years of age. A recommendation that Denver NORML fully supports.

The 12 page document lists pages and pages of suggestions to make the law work effectively for the city of Denver. Last week the draft rules were finally posted.

Push for Social Consumption Statewide: SB-184

In addition to our work on the local level, members of Denver NORML spent a lot of time at the state Capitol educating lawmakers on social consumption and the need for a legislative solution. The result? SB-184, which would have empowered local governments to permit private marijuana clubs and better defined what “open and public” means to marijuana consumers. Once the bill was introduced, Denver NORML organized two citizen lobby days with more than 45 participants followed by months of face to face meetings with state lawmakers in support of a statewide solution.

Unfortunately during the final weeks of Colorado’s legislative session, many things with the bill began to change. Most notably, the bill’s sponsors tried to include language that would have criminalized marijuana consumption on the front porch of a private residence and aimed to exclude a newly established cannabis church from operating as a marijuana club. Thankfully the Senate and the House could not come to a consensus and the bill died in committee on the last day of the 2017 legislative session.

Until state lawmakers are willing to pass legislation that will provide a set of rules and protections for business owners and marijuana consumers to responsibly consume marijuana, Colorado municipalities will continue to struggle with this issue.

With the Denver’s Social Consumption Advisory Committee wrapping up its final meeting and Colorado’s legislative session coming to an end, there are still a lot of unanswered questions surrounding the social consumption of marijuana in Colorado.

Denver NORML will apply the lessons learned this year and with their allies, continue to push for statewide reform in the next legislative session.

For more updates on local reform efforts, follow Denver NORML by visiting their website and on Facebook and Twitter!

Michigan NORML Joins Fight to Legalize Marijuana in 2018

11926482_725769350861687_111475490193713040_oMarijuana activists across Michigan are gearing up for a renewed effort to legalize marijuana for adults 21 and up. Last week the Coalition to Regulate Marijuana Like Alcohol took the first steps to qualify their new proposal for the 2018 ballot by formally submitting language to the State of Michigan for review.

If passed by voters, adults 21 and up will be able to legally possess 2.5 ounces of marijuana, and grow up to 12 marijuana plants in their residence. For retail sales, a 10 percent tax will be applied. Tax revenues are expected to be used for schools, roads, enforcement costs and a unique study that will examine the use of medical marijuana to prevent veteran suicides.

If you’ve been following legalization efforts in Michigan, you’re probably aware that advocates pushed for a similar initiative in 2016. However after collecting more than 350,000 signatures – more than enough to qualify for the ballot – Governor Rick Snyder signed legislation that disqualified the measure from the ballot, a decision the state appellate courts let stand.

This changed everything. Organizers of the effort quickly went from having more than enough signatures to needing over 100,000 to make the ballot. However, refusing to accept defeat, many involved in the campaign quickly regrouped and shifted their focus to the 2018 ballot.

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With the backing of Michigan NORML, the Marijuana Policy Project, MI legalize, Drug Policy Alliance, the National Patients Rights Association, the Michigan Cannabis Coalition and several others, campaign organizers and volunteers are confident they now have the resources and support needed to be successful.

Michigan NORML is pleased to have been included in negotiations over the language filed in Michigan by the Committee to Regulate Marijuana Like Alcohol. The initiative includes best practices from around the country,” said Matthew Able, executive director of Michigan NORML. “We expect to collect the necessary 253,000 signatures over the next six months, and look forward to approval by the Board of Canvassers so that we may begin the petitioning process.”

If approved, Michigan will become the ninth state to legalize marijuana for adults 21 and up following Colorado, Alaska, California, Oregon, Maine, Massachusetts, Nevada and Washington.

TAKE ACTION: Contact federal lawmakers to demand an end to the federal prohibition of marijuana by supporting HR 1227.

Click here to get started!

For future updates on marijuana law reform efforts in the Wolverine State, follow Michigan NORML by visiting their website and Facebook page! To make a donation or to join Michigan NORML, please click here!

Maine: Legalization Opponents File Petitions Challenging Election Day Vote

Maine Yes on 1Marijuana legalization opponents in Maine are formally challenging the results of Question 1: The Marijuana Legalization Act, a statewide ballot initiative that received slightly over 50 percent of the vote on Election Day.

Legal counsel for the No on 1 campaign today turned in petitions to the Secretary of State’s office formally requesting a recount. If the recount goes forward, the process is expected to take approximately 30 days and cost taxpayers nearly $500,000.

If the vote is upheld, the measure will become law by January 7, 2017.

The Act permits adults who are not participating in the state’s medical cannabis program to possess personal use quantities of marijuana (up to two and one-half ounces and/or the total harvest produced by six plants). The measure also establishes regulations for the commercial cultivation and retail sale of cannabis to adults. Regulations governing marijuana-related businesses are scheduled to be in place by August 8, 2017.

North Dakota Voters Legalize Medical Marijuana

According to the Secretary of State’s office, voters in North Dakota have approved Measure 5, the North Dakota Compassionate Care Act 2016. The office’s final vote count is 4 to 36 percent.

“The success of this grassroots campaign shows once again that voters do not wish to have the state come between the decisions of a doctor and a patient,” said NORML Deputy Director Paul Armentano. “Over half of all states recognize the safety and efficacy of medical marijuana. It is incumbent that the next administration abandon the federal government’s Flat Earth attitude toward medical cannabis and amend federal law in a manner that comports with available science and the majority of states’ laws.”

North Dakota Medical Marijuana

North Dakotans voted compassion over reefer madness. Thanks to the support of an overwhelming majority of voters who wanted to provide relief to their fellow citizens, patients in North Dakota will now have access to a safe and effective medicine.” stated NORML Executive Director Erik Altieri.

Measure 5, the North Dakota Compassionate Care Act, permits qualified patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state licensed dispensaries. Those who reside 40 miles or more away from an operating medical marijuana dispensary are permitted to grow limited quantities of marijuana (up to eight flowering plants) at home.

The new law takes effect 90 days following voter approval. You can read the full text of the initiative here.

Congratulations North Dakota!

State policies will determine whether or not most Americans smoke marijuana

More than 50 percent of Americans changed their minds about intentions to smoke marijuana based on ramifications — or lack thereof — set forth by their state of residency, according to new research.

NORML’s Legislative Round Up September 30, 2016

take_actionNORML released our updated and revised 2016 Congressional Scorecard this week in conjunction with National Voter Registration Day. The Scorecard is an all-encompassing database that assigns a letter grade ‘A’ through ‘F’ to members of Congress based on their marijuana-related comments and voting records.

With the 2016 presidential election drawing closer and statewide marijuana initiatives qualified for the ballot in nine states, we need YOU to make it out to the polls to support ending cannabis prohibition. Double-check your status as a voter and encourage your friends and family to do the same. Take a look at how we graded your members of Congress and bring that information with you to the polls on Election Day!

Federal: Members of Congress have approved a short-term spending bill that keeps in place existing provisions protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. The amendment, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” Federal lawmakers will revisit the FY 2017 spending appropriation after the Election.

State:

California: On Tuesday, the California Nurses Association/National Nurses United, the nation’s largest state organization of nurses, announced that it has endorsed Proposition 64, the Adult Use of Marijuana Act.

Deborah Burger, President of the California Nurses Association/NNU said, “California Nurses believe strongly that the prohibition and criminalization of marijuana has ruined generations of lives, wasted hundreds of millions of taxpayer of dollars and failed to protect the public health and safety. California needs a new approach and Proposition 64 is carefully crafted to strictly regulate adult-use marijuana while funding critical youth programs and safeguarding children, workers and local communities.”
Proposition 64 permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”

The California Nurses Association joins the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the California League of Conservative Voters, Equality California, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML in its support for Proposition 64.

Maine: Polling data compiled by the University of New Hampshire finds that likely voters support Question 1, the Marijuana Legalization Act, by a margin of 53 percent to 38 percent.

If enacted by voters in November, Question 1 would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use. The measure would also establish licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent sales tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.

Massachusetts: A new WBZ-TV/UMass Amherst poll finds that a majority of voters back Question 4: The Regulation and Taxation of Marijuana Act. The measure leads in the poll by a 53 percent to 40 percent margin.

If enacted, Question 4 allows adults 21 years of age and older to possess up to one ounce of marijuana outside of their residences and up to 10 ounces of marijuana in an enclosed, locked space within their residences, which mimics the current in-residence allowance established by the Massachusetts Department of Public Health for medical marijuana patients. It allows adults 21 years of age and older to grow up to six marijuana plants in an enclosed, locked space within their residences and possess the marijuana produced by those plants in the location where it was grown.

Tennessee: Members of the Memphis City Council are following in the footsteps of the Nashville Metro Council by approving a local ordinance to provide local police the discretion to issue $50 citations for those who possess up to a half-ounce of marijuana. Under state law, the possession of small amounts of cannabis is classified as a criminal misdemeanor, punishable by up to one year in jail and a criminal record. Council members approved the ordinance last week in it’s second reading, with the third and final reading taking place October 4th. If you live in Memphis, consider contacting your member of City Council to urge their support for this common sense measure.

NORML’s Legislative Round Up September 23rd, 2016

thumbs_upNext Tuesday is National Voter Registration Day and NORML will be releasing an updated and revised 2016 Congressional Scorecard. The Scorecard is an all-encompassing database that assigns a letter grade ‘A’ through ‘F’ to members of Congress based on their marijuana-related comments and voting records.

With the 2016 presidential election drawing closer and statewide marijuana initiatives qualified for the ballot in nine states, we need YOU to make it out to the polls to support ending cannabis prohibition. Join us in celebrating National Voter Registration Day next Tuesday by double-checking your status as a voter and encouraging your friends and family to do the same. Take a look at how we graded your members of Congress and bring that information with you to the polls on Election Day!

State:

California: Sixty percent of likely voters say they would vote for Proposition 64: the Adult Use of Marijuana Act according to the latest poll out of the Public Policy Institute of California (PPIC). Only 36 percent of voters said they are against the pending ballot initiative.

A just-released California Field poll similarly finds that likely voters back Prop. 64 by a margin of 60 percent to 31 percent.

Proposition 64 permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”

The ballot measure is endorsed by the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the California League of Conservative Voters, Equality California, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML.

pills_v_potMichigan: Governor Rick Snyder has signed a package of legislation into law regulating the retail sale of medical cannabis and cannabis-infused products. The measures are ordered to take immediate effect.

The measures seek to clarify and expand various aspects of the state’s 2008 medical cannabis law. Specifically, the new law provides qualified patients for the first time with legal protections regarding the possession and use of non-smoked cannabis derived topical products and edibles, as well as cannabis-based extract products. The law also licenses and regulates facilities where state-qualified patients may legally obtain medical marijuana.

Michigan was one of the only medical marijuana states in the country that had yet to regulate the dispensing of medicinal cannabis. About 210,000 residents are now registered in the state’s medical program.

Missouri: Voters will not have the opportunity this November to decide on a proposed statewide proposition to permit the physician-supervised use of marijuana.

A Cole County Circuit Judge this week upheld a decision by St. Louis election officials to disqualify thousands of petition signatures because voters had mistakenly signed forms indicating that they resided in a county other than where they lived.

The measure, sponsored by New Approach Missouri, sought to authorize qualified patients to possess, cultivate, and/or obtain cannabis through a licensed system of dispensaries. Polling indicated that over 60 percent of voters backed the proposal. On Thursday, Secretary of State Jason Kander called on lawmakers to move swiftly to enact similar legislation.

Voters in Arkansas, Florida, Montana, and North Dakota will vote on medical use measures on Election Day. Voters in Arizona, California, Maine, Massachusetts, and Nevada will also vote this November on initiatives legalizing the adult use of marijuana. A summary of 2016 ballot measures and their status is online here.

Legalize marijuanaNew Jersey: New legislation has been introduced for the 2016/2017 legislative session that seeks to regulate the adult use and retail sale of marijuana.

Assembly Bill 4193 permits marijuana to be sold at convenience stores to adults aged 19 and older in unlimited amounts. The legislation also seeks to expunge the criminal records of past marijuana offenders. Says the bill’s sponsor, Assembly member Michael Patrick Carroll: “To me it’s just not a big deal. It’s already ubiquitous. Anybody who thinks this is somehow going to increase the availability of marijuana has never been 19. If that’s the case, then what’s the big deal about having it available at the local 7-Eleven?”

Separate legislation to legalize adult marijuana possession, A 2068, is also pending before the legislature. #TakeAction

Tennessee: Members of the Nashville Metro Council have given final approval to municipal legislation providing police the discretion to cite rather than arrest minor marijuana offenders.

Council members voted 35 to 3 in favor of the new ordinance. It provides police the option of issuing $50 citations for those who possess up to a half-ounce of marijuana. Under state law, the possession of small amounts of cannabis is classified as a criminal misdemeanor, punishable by up to one year in jail and a criminal record.

The legislation now awaits action from the city’s mayor, who has pledged to sign the bill into law. A similar measure is awaiting a final city council vote in Memphis, Tennessee.

Washington D.C.: District Mayor Muriel Bowser announced this week that she will propose amending the city’s medical cannabis law so that qualified patients may obtain up to four ounces of cannabis per month. Under existing law, patients are limited to no more than two ounces per month. The Washington D.C. currently has about 4,000 registered medical marijuana patients.

Looking for updated information on all of the pending statewide marijuana related ballot measures? Check out our 2016 Election page!

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.

NORML’s Legislative Round Up September 16th, 2016

In this week’s Legislative Round Up you’ll learn about a national call to action to renew federal legislation protecting hundreds of thousands of patients and providers. In other news, the marijuana movement received support from two leading national veterans groups and several important bills were signed into law at the state level. Keep reading for the latest news in marijuana law reform.

Federal:

take_actionA federal provision limiting the Justice Department from prosecuting state-authorized medical marijuana patients and providers is set to expire at the end of this month. The provision, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” Please visit our #TakeAction Center to contact your federally elected officials and urge them to move quickly to reauthorize the Rohrabacher-Farr Amendment and to keep these important patient protections in place.

In other news of national significance, members of the American Legion passed a resolution to promote research on marijuana’s potential use for treating post-traumatic stress disorder and traumatic brain injury. Additionally, the group called for marijuana to be removed from it’s current Schedule I classification within the Controlled Substances Act. A second veterans group, The American Veterans (AMVETS), also recently resolved that marijuana should be made available to veterans within the VA healthcare system in every state where it is legal.

State:

Delaware: Governor Jack Markell has signed legislation, SB 181, into law permitting designated caregivers to possess and administer non-smoked medical marijuana formulations (e.g. oils/extracts) to qualifying patients “in a school bus and on the ground or property of the preschool, or primary, or secondary school in which a minor qualifying patient is enrolled.”

The measure takes immediate effect. To date, two other states — Colorado and New Jersey — impose similar legislation.

Florida: Another local municipality, New Port Richey, has approved marijuana decriminalization legislation. In a 3-2 vote, the council approved an ordinance providing police the discretion to issue a $155 civil citation in lieu of making a criminal arrest in cases involving less than 20 grams of marijuana. The New Port Richey vote mimics those of nearby municipalities Orlando and Tampa, which passed similar ordinances earlier this year and a wave of South Florida municipalities that passed similar ordinances last year. Under state law, simple marijuana possession is a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine.

thumbs_upMichigan: Lawmakers gave final approval this week to a package of bills, HB 4209/4210, HB 4827, SB 141, and SB 1014, to regulate the retail sale of medical cannabis and cannabis-infused products. The legislation licenses and regulates above-ground, safe access facilities where state-qualified patients may legally obtain medical marijuana, provides qualified patients for the first time with legal protections for their possession and use of non-smoked cannabis derived topicals and edibles, as well as cannabis-based extract products, and establishes regulations tracking the production and sale of medical marijuana products. The measures, which lawmakers had debated for the past two years, now await action by the Governor. #TakeAction

New Jersey: On September 14th, Governor Chris Christie signed legislation, A 457, into law that adds PTSD to the list of qualifying conditions eligible for medical marijuana therapy. More than a dozen states permit medical marijuana access for PTSD treatment. A retrospective review of PTSD patients’ symptoms published in 2014 in the Journal of Psychoactive Drugs reported a greater than 75 percent reduction CAPS (Clinician Administered Posttraumatic Scale) symptom scores following cannabis therapy.

The new law took immediate effect.

Tennessee: Last week the Nashville Metro Council advanced legislation providing police the option to cite rather than arrest minor marijuana offenders. Those cited would face only a $50 fine (or ten hours of community service.) Under state law, such offenses are punishable by up to one-year in prison. A final vote on the ordinance is scheduled for September 20. If you live in Nashville, consider contacting your member of the Metro Council and voicing your support for this common sense reform.

NORML’s Legislative Round Up September 2nd, 2016

thumbs_upIn this week’s Round Up we’ll update you regarding the status of a number of state and local ballot measures, and we’ll also highlight new legislation signed into law this week in Delaware. Plus we’ll give you the details on the latest Governor to endorse marijuana decriminalization. Keep reading below to get this week’s news in marijuana law reform!

State:

Arizona: The Supreme Court this week rejected a lawsuit that sought to prohibit Proposition 205, the Arizona Regulation and Taxation of Marijuana Act, from going before voters this November. The Act allows adults twenty-one years of age and older to possess and grow specified amounts of marijuana (up to one ounce of marijuana flower, up to five grams of marijuana concentrate, and/or the harvest from up to six plants). It creates a system for licensed businesses to produce and sell marijuana and establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana.

Voters in four additional states, California, Maine, Massachusetts, and Nevada, will also be deciding on similar adult use initiatives on Election Day.

Arkansas: The Secretary of State’s office this week certified that a competing medical marijuana initiative, the Arkansas Medical Marijuana Amendment, will also appear on the electoral ballot in November. Unlike Issue 7, The Arkansas Medical Cannabis Act, this second initiative does not include provisions allowing eligible patients to cultivate their own cannabis at home.

Statewide polling reports greater public support for the Medical Cannabis Act. Under state law, if voters approve both measures the one that receives the greatest number of votes will become law.

Voters in three additional states, Florida, North Dakota, and Montana, will decide on similar medical use measures in November. In Missouri, campaigners are litigating to ask the courts to review signature totals in the state’s second Congressional district.

Colorado: A municipal initiative effort that sought to permit for the adult use of marijuana in licensed establishments failed to qualify for the November ballot. The Responsible Use Denver initiative, backed by Denver NORML, needed 4,726 signatures to qualify for inclusion on November ballot. The campaign submitted more than 7,500 signatures, but just 2,987 were verified as eligible by the Denver Elections Division. The Campaign posted: “We are sad to report that our language did not make the November ballot. We plan to continue pushing the conversation with the city of Denver. Our opinion remains the same, that we have what we feel is the best solution for the city of Denver. Thank you to everyone that has supported us on this journey.” City officials did confirm that a separate municipal initiative seeking to establish a ‘Neighborhood-Supported Cannabis Consumption Pilot Program’ will appear on November’s ballot.

pills_v_potDelaware: Governor Jack Markell signed legislation into law this week permitting terminally ill patients to access medical cannabis. House Bill 400 (aka ‘Bob’s bill’) permits physicians to recommend cannabis therapy to terminally ill adults. It also permits those under 18 to access CBD products if they are suffering from “pain, anxiety, or depression” related to a terminal illness.

The new law takes effect at the end of November.

Oklahoma: State Question 788, a statewide initiative to establish a state-licensing system to permit eligible patients to possess and cultivate personal use quantities of cannabis for therapeutic purposes, is unlikely to appear on the 2016 electoral ballot. Although the Secretary of State has certified that initiative proponents collected sufficient signatures, proponents are now challenging the attorney general’s rewording of the ballot title. The legal challenge could force the issue to be decided in a special election. Updated information regarding this initiative campaign may be found on NORML’s 2016 initiatives page.

Pennsylvania: Governor Tom Wolf expressed support for marijuana decriminalization this week stating, “too many people are going to prison because of the use of very modest amounts or carrying modest amounts of marijuana, and that is clogging up our prisons, it’s destroying families, and it’s hurting our economy.”

Marijuana decriminalization legislation, House Bill 2076, is currently pending before members of the House Judiciary committee. The legislation would amend the state’s controlled substances act so that minor marijuana possession offenses are considered a non-criminal offense. Contact your state House members and urge them to support this common sense legislation. #TakeAction

Tennessee: Members of the Nashville Metro Council voted 32 to 4 to approve legislation to lessen local marijuana possession penalties. The proposal amends penalties for the possession of or exchanging of up to one-half ounce of marijuana to a $50 civil penalty or 10 hours of community service. The vote was the first of three the bill will receive; it is the first time a marijuana decriminalization measure was considered by the legislative body.

Under current state law, individuals convicted of possession of less than one ounce of marijuana face a misdemeanor charge that is punishable of up to one year in jail and a $2,500 fine. If you live in Nashville, consider contacting your Council member and urging them to support this common sense measure.

Massachusetts: Adult Use Marijuana Measure Qualifies For November Ballot

vote_keyboardMassachusetts voters will decide this November on a statewide ballot measure to legalize and regulate the adult use and retail sale of cannabis.

The Secretary of State’s office has confirmed that initiative proponents, The Campaign to Regulate Marijuana Like Alcohol, submitted a sufficient number of signatures from registered voters to qualify the measure for the November ballot.

Question 4, The Regulation and Taxation of Marijuana Act, permits adults to possess (up to ten ounces) and to cultivate (up to six plants) personal use quantities of cannabis and establishes licensing for its commercial production and retail sale. Commercial for-profit sales of cannabis will be subject to taxation, while non-commercial exchanges of marijuana will not be taxed.

State voters have previously approved ballot measures decriminalizing marijuana possession penalties and legalizing the use and dispensing of medicinal cannabis.

Voters in Arizona, California, Maine, and Nevada will also decide on adult use measures this November. Voters in Arkansas, Florida, Missouri, and Montana will decide on medical use initiatives this fall.

A summary of 2016 statewide ballot measures is online here.

NORML’s Legislative Round Up July 22nd, 2016

take_actionThe DEA announced that they will amend their quotas for 2017 regarding the cultivation of research-grade marijuana and hemp legalization bills in Pennsylvania and Rhode Island have been signed into law! We also have updates from Illinois, Florida, and Ohio. Keep reading to learn the latest in marijuana law reform news from around the country and to find out how you can #TakeAction!

Federal:

In a notice published in the Federal Register, Acting DEA Administrator Chuck Rosenberg proposed amending the amount of marijuana that may be produced under federal license in 2017 to approximately 1,041 pounds. The agency alleges that this quantity will be sufficient to provide for the “estimated medical, scientific, research and industrial needs of the United States.”

The US Drug Enforcement Administration is also preparing to respond to an administrative petition calling for the reclassification of marijuana as a schedule I prohibited substance. Their determination was originally expected in the first half of 2016 but it has yet to be released.

State:

Florida: Next Tuesday, the state’s first state-licensed medical marijuana dispensary will open to the public. Trulieve, a licensed cannabis cultivator and distributor, will provide a high CBD, low THC strain of the plant to patients that are registered with the state. However, as of today not a single eligible patient is registered with the state to legally access the product. This is because Florida’s law, initially passed in 2014, is among the strictest in the country. Under the law, patients diagnosed with cancer, seizures, or intractable muscle spasms are eligible for CBD-dominant cannabis, while those diagnosed with a terminal illness are eligible for THC-dominant cannabis. To date, however, only 15 physicians in the state are participating in the program.

Illinois: Two months ago lawmakers voted in favor of Senate Bill 2228, legislation to decriminalize the possession of small amounts of marijuana. But Governor Bruce Rauner has yet to sign the measure into law. The bill makes the possession of up to 10 grams of marijuana a civil violation punishable by a fine of $100-$200 — no arrest and no criminal record. Currently, those caught possessing that amount could face up to six months of jail time and fines of up to $1,500. The bill also amends the state’s zero tolerance per se traffic safety law.

#TakeAction  and contact Governor Rauner to urge him to sign this legislation into law.

Ohio: Governor John Kasich has signed legislation so that certain drug offenses are no longer punishable by a mandatory loss of one’s driver’s license. Under previous law, any drug conviction carried a mandatory driver’s license suspension of at least six months, even in cases where the possession offense did not take place in a vehicle. Senate Bill 204 makes such suspensions discretionary rather than mandatory. The law will take effect September 13th, 2016.

industrial_hempPennsylvania: On Wednesday, July 20th, Governor Tom Wolf signed legislation, House Bill 967, to establish “a pilot program to study the growth, cultivation or marketing of industrial hemp.” The new law took immediate effect. Twenty-eight states have now enacted similar legislation.

Rhode Island: Governor Gina Raimondo has signed legislation, H8232, to establish rules for the commercial, licensed cultivation of hemp in the state. The legislation creates the “Hemp Growth Act” to treat hemp as an agricultural product that may be legally produced, possessed, distributed and commercially traded. The Department of Business Regulation will be responsible for establishing rules and regulations for the licensing and regulation of hemp growers and processors.

2016 Marijuana-Related Statewide Ballot Proposals

ballot_box_leafWe’ve said it before and we’ll say it again: 2016 is set to be a monumental year for marijuana law reform. There are currently nine pending ballot initiatives to either legalize adult marijuana use or to legalize the use of medical marijuana for qualifying medical conditions. The country could double the number of states that allow the recreational use of marijuana and could potentially expand the therapeutic benefits of marijuana use to millions of Americans come November.

Find below a summary of each of these pending initiatives, links to the campaign websites and to the initiative texts so you can be an informed voter this November. (A Michigan social use initiative effort is in litigation and is not included in the summary below.)

Arizona
Name: Arizona Regulation and Taxation of Marijuana Act
Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
Proponents: The Campaign to Regulate Marijuana Like Alcohol (Marijuana Policy Project)
Website: Regulate Marijuana Like AlcoholInitiative Language
Summary: The Regulation and Taxation of Marijuana Act allows adults twenty-one years of age and older to possess and to privately consume and grow limited amounts of marijuana; it creates a system in which licensed businesses can produce and sell marijuana; establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana; and provides local governments with the authority to regulate and limit marijuana businesses.


Arkansas
Name: The 2016 Arkansas Medical Cannabis Act
Ballot Number: N/A
Proponents: Arkansans for Compassionate Care
Website: The Arkansas Medical Cannabis ActInitiative Language
Summary: The 2016 Arkansas Medical Cannabis Act establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to obtain a ‘hardship certificate’ in order to cultivate their own medicine at home. A similar initiative narrowly failed in the state in 2012, garnering over 48 percent of the vote.


California
Name: Adult Use of Marijuana Act
Ballot Number: Proposition 64
Proponents: Let’s Get It Right CA
Website: Yes on Prop 64Initiative Language
Summary: Passage of the measure would permit adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” The AUMA is endorsed by the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML. Sixty percent of likely California voters say that they intend to vote for the initiative this fall, according to a February 2016 Probolsky Research poll.


Florida
Name: Use of Marijuana For Debilitating Conditions
Ballot Number: Amendment 2
Proponents: United For Care
Website: United For CareInitiative Language
Summary: Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities. According to a recent statewide poll, 68 percent of Florida voters say that they support the passage of the amendment. According to Florida law, 60 percent of voters must approve a constitutional amendment in order for it to become law. In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.


Maine
Name: Marijuana Legalization Act
Ballot Number: Question 1
Proponents: Campaign to Regulate Marijuana Like Alcohol
Website: Regulate MaineInitiative Language
Summary: If enacted by voters in November, the measure would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use. The measure would also establish licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent sales tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.


Massachusetts
Name: Marijuana Legalization Initiative
Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
Proponents: The Campaign to Regulate Marijuana Like Alcohol in Massachusetts
Website: Regulate Marijuana Like AlcoholInitiative Language
Summary: The initiative allows adults 21 years of age and older to possess up to one ounce of marijuana outside of their residences and up to 10 ounces of marijuana in an enclosed, locked space within their residences, which mimics the current in-residence allowance established by the Massachusetts Department of Public Health for medical marijuana patients. It allows adults 21 years of age and older to grow up to six marijuana plants in an enclosed, locked space within their residences and possess the marijuana produced by those plants in the location where it was grown.


Missouri
Name: New Approach Missouri
Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
Proponents: New Approach Missouri
Website: New Approach MissouriInitiative Language
Summary: The initiative creates a statewide system for production and sale of medical cannabis and medical cannabis products. It also provides for limited and regulated patient cultivation. The initiative levies a four percent retail tax, and all revenue in excess of the cost of regulating the medical cannabis program will go to help Missouri’s veterans. The initiative maintains the current prohibition on public use and driving under the influence. It also allows the Department of Health and Senior Services to institute a seed-to-sale tracking system to ensure that the product and money do not reach the illicit market. The initiative puts the Missouri Department of Health and Senior Services in charge of licensing and implementation, but also allows the department to contract with other state agencies when necessary for effective and efficient regulation. Sixty-two percent of registered voters voice support for the measure, according to survey data compiled by Public Policy Polling.


Montana
Name: Montana Medical Marijuana Initiative
Ballot Number: I-182
Proponents: Montana Citizens for I-182
Website: YesOn182Initiative Language
Summary: I-182 repeals the limit of three patients for each licensed provider, and allows providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. I-182 removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state.


Nevada
Name: Nevada Marijuana Legalization Initiative
Ballot Number: Question 2
Proponents: Coalition to Regulate Marijuana Like Alcohol in Nevada
Website: Regulate Marijuana Like Alcohol in NevadaInitiative Language
Summary: The ballot language permits adults to possess and grow personal use quantities of cannabis (up to one ounce and/or six plants) for non-commercial purposes. The measure also regulates and taxes the commercial production and retail sale of cannabis. It states, “The People of the State of Nevada find and declare that the use of marijuana should be legal for persons 21 years of age or older, and its cultivation and sale should be regulated similar to other businesses.”

Montana: Medical Cannabis Restoration Initiative Qualifies For November Ballot

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Montana voters will decide this November on a statewide initiative to restore and expand elements of the state’s medical cannabis program.

The Secretary of State’s office has affirmed that initiative proponents, Montana Citizens for I-182, submitted sufficient signatures from registered voters to qualify the measure for the November ballot.

The Montana Medical Marijuana Act (I-182) amends the state’s existing law to expand the pool of patients eligible to access cannabis therapy and removes certain restrictions on recommending physicians and providers. The measure also establishes a regulatory scheme overseeing the testing and distribution of medical cannabis products.

Montana voters initially approved ballot initiative language in 2004 authorizing qualified patients to possess and grow medical marijuana. In 2011, lawmakers passed legislation significantly revising the law. This spring, members of the Montana Supreme Court upheld several of those amendments, including provisions that called for additional oversight for physicians who recommend cannabis therapy to more than 25 patients annually, and permitting law enforcement to engage in warrantless inspections of the premises of marijuana providers.

The full text of I-182 is available online here. A fact sheet about the measure is available here.

Voters this November will also decide on separate statewide medical use measures in Arkansas, Florida, and Missouri.

Initiatives to permit the adult use of cannabis are pending in Arizona, California, Maine, Massachusetts, and Nevada. A Michigan initiative remains in litigation.

Summaries and status of pending 2016 statewide initiatives is available from NORML’s Take Action Center here.

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