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. 

 

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!

Historic: Decriminalization is Scheduled to Be Heard on the Texas House Floor

Texas-NORMLOn May 11, new ground will be broken in Texas politics and the marijuana movement.

HB 81, to decriminalize marijuana from jail time to a simple ticket, will be heard by the full Texas House.

This is unprecedented as sensible sentencing reform has not been debated from the house floor since 1973, , when Texas changed their laws to their current state (previously, you could face life in jail for small amounts of possession).

Are you a TX resident? Contact your lawmakers RIGHT NOW and urge them to support HB 81.

Know people in Texas? Send them this information and have them contact their lawmakers.

“This bill is about good government and efficient use of resources,” said Rep. Joe Moody, sponsor of HB 81, “Arrests and criminal prosecutions of low-level marijuana cases distract law enforcement and prosecutors, leaving fewer resources for violent crime.”

You can read more about the effort from Texas NORML and support their work  here.

 

 

Impactful and Heartfelt Hearing Creates Historic Support for Texas Medical Cannabis Bill

By Jax Finkel
Executive Director, Texas NORML

Late in the evening on Tuesday, May 2nd, the House Public Health Committee held a hearing for HB 2107 which would make the Compassionate Use Program more inclusive for patients with debilitating medical conditions. Many patients stayed late into the evening to provide powerful and emotional testimony. After a powerful hearing with targeted testimony, the authors for the bill jumped from 5 to 75! This is historic and unprecedented in Texas.

TX resident? Please participate in this action to encourage Chairman Price to hold a vote on HB 2107!

Veterans demanded access for service related disabilities. Doctors spoke to the efficacy and safety profile of cannabis. 66 testimonies were offered in support. 187 registered in support. There was only one verbal opposition. It is TBD if there were more registered against not testifying as the full witness list has not been released yet.

Continue to support Texas NORML’s work at the Capitol!

 We are very happy to see that our coordination with the authors and committee members has paid of so well. We appreciated all the speakers that were invited to speak and came to share their story. Thank you to the authors, committee members, staffers, our team and coalition and to all who advocate!

Watch the hearing, which starts at 2:33:44.

Watch Kara’s story which inspired Rep Lucio III to carry the bill.

Please support the important work we are doing in Texas by becoming a sustaining donormaking a donation or becoming a Texas NORML member.

Grassroots Activism Fuels Marijuana Law Reforms in the Lone Star State

10253989_10152787252362360_1345699000664750724_nFor marijuana activists in Texas, the road to reforming marijuana laws has not been easy.

With the state legislature only meeting every two years and no ballot initiative process or ability to reform marijuana laws on the local level, activists must put all their time and energy into lobbying state lawmakers in support meaningful reforms.

Although there has been several minor victories this legislative session, some within the Texas state legislature are determined to derail or at the very least, stall any effort to provide ailing patients with access to medical marijuana. But activists like Jax Finkle, Executive Director of Texas NORML and Clif Deuvall, Executive Director of Waco NORML aren’t planning to allow these obstacles to slow their progress.

“With Texas being restricted from using traditional ballot initiatives, it is so imperative that the citizens of Texas engage with the legislators. These connections matter even more when forged during the interim of the Legislative Session,” said Jax Finkle. “In fact, engagement over the two year cycle is so important that we hosted 16 trainings across Texas with curriculum that was targeted based on the part of the cycle it was to enable people to be force multipliers in their areas. As a result, we are seeing even stronger numbers of support in Texas, more action in the legislature and we will see more results unfold over the 85R Legislative Session.”

Over the last three years, Jax has worked tirelessly with more than a dozen local NORML chapters to grow their annual lobby day from just a few dozen to more than 375 participants. From El Paso to Beaumont and Amarillo to McAllen, supporters of marijuana legalization from all over Texas continue to show they’re ready, willing, and able to fight for what they believe in.

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“The advocacy and educational opportunities which arise give way to understanding of the issue and the legislative process,” said Clif Deuvall. “In Texas, I’ve seen Lobby Day attendance rise from a handful to several hundred in a few years. These individuals, encompassing a variety of demographics and locations across the state, have created a strong grassroots coalition.”

With this new strategy of facilitating statewide trainings for grassroots volunteers, supporters of marijuana law reforms can be certain NORML members across Texas are fighting daily to end marijuana prohibition.

“The message has become more cohesive in an effort to provide the clear understanding of the overall needs of Texascannabis consumers,” added Deuvall. “It is through efforts, such as a lobby day, Texans have seen steady progress in cannabis reform across the state.”

472037_10150704307427360_701811403_o

Next up, members and volunteers with Texas NORML and affiliate chapters will be focusing their attention on HB-2107 which is scheduled to be heard by the Health Committee on Tuesday, May 2nd. If passed, HB 2107 would make the Compassionate Use Program more inclusive for patients with debilitating medical conditions.

TAKE ACTION: Contact Texas lawmakers to urge them to support House Bill 2107 by clicking here! Texan patients deserve safe and legal access to medical cannabis just as 30 other states currently provide.

For future updates on marijuana law reform efforts in the Lone Star State, follow Texas NORML by visiting their website, Facebook page, and Twitter!

Congressional Protections For Legal State Medical Marijuana Programs Expected To Be Extended

3410000930_95fc2866fa_zWe welcome the extension and expansion of critical marijuana policy provisions through September 30 in the proposed fiscal year 2017 omnibus funding legislation.

The decision to reauthorize the Rohrabacher-Blumenauer amendment language illustrates both compassion and common sense when it comes to marijuana policy. Now, the majority of states and over 90 percent of the public approves of the use of marijuana as a medicine and Congress should not stand in the way of these reforms.

Congress deciding to maintain protections for state-sanctioned medical marijuana programs in the era of a Department of Justice being led by Attorney General Jeff Sessions means that patients ailing from conditions that range from cancer to PTSD can breathe a temporary sigh of relief. Once approved, states will be able to continue to service and implement these programs without fear of federal incursion until September 30 of this year.

Yet, this action is only a stopgap measure at best. Ultimately, Congress needs to amend federal law in a manner that comports with the available science, public opinion, and with America’s rapidly changing cultural and legal landscape. Such action includes removing cannabis from the Controlled Substances Act so that states possess the flexibility to engage in their own marijuana regulatory policies how best they see fit.

The text in the omnibus funding legislation is:
Page 230 – “SEC. 537. None of the funds made available in this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, 25 Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

 

Weekly Legislative Update 4/29/17

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

At the federal level, it is important to highlight two key developments pertaining to established marijuana consumers, businesses, and regulatory structures.

First, the protections for lawful medical marijuana patients and businesses from the Department of Justice provided by the Rohrabacher-Farr budget amendment was temporarily expended through May 5th and we are working of ensuring that that will be a part of any budget deal for the rest of the fiscal year. In the last week alone, NORML members sent over 24,000 messages to members of Congress and we plan to keep the pressure up. If you have not already, click here to send a message to your elected lawmakers. 

Second, on April 27, Representative Ed Perlmutter (D-CO) introduced The Secure and Fair Enforcement Banking Act (SAFE Banking Act), to provide access to banking services to end the practice of marijuana businesses being forced to pay their employees, rent, taxes, and other associated costs in cash. At the end of the day, no industry can operate safely, transparently, or effectively without access to banks or other financial institutions.

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
Protect Patients: Since 2014, members of Congress have passed annual spending bills that have included a provision 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.”

On April 28, Congress re-authorized the amendment as part of a one week spending package, House Resolution 99. This bill extends federal funding through May 5 2017, at which time the measure — and the Rohrabacher-Farr Amendment — will expire.

Click here to message your members of Congress to protect state medical marijuana and their patients. 

Banking Access: A bipartisan coalition of more than two dozen co-sponsors have introduced legislation in Congress, The Secure and Fair Enforcement Banking Act (SAFE Banking Act), HR 2215, to allow state-licensed marijuana-related businesses to engage freely in relationships with banks and other financial institutions.

If enacted, banks would no longer face the threat of federal sanction for working with marijuana-related businesses and entrepreneurs.

Click here to send a message to your member of Congress to support access to banking for state-compliant marijuana businesses.

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

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

New Hampshire
After nearly a decade of frustration, 2017 was looking like it would finally be the year that New Hampshire voters successfully see marijuana possession decriminalized. Yet, stagnation has descended upon the state Senate and now State Sen. Bradley is pushing for an amendment that would remove the decriminalization paragraph (and thus the whole point) from the bill.

NH resident?  Click here to send a message to your state Senators and tell them to quit stalling and decriminalize marijuana now. 

Florida

On November 8th, more than 71 percent of Florida voters decided in favor of the constitutional amendment, Amendment 2, to allow for the licensed production, use, and dispensing of medical cannabis to patients with a doctor’s recommendation. However, state politicians are contemplating legislative efforts to amend the law in a manner that violates both its spirit and intent.

Update: Members of the Senate Appropriations Committee approved SB 406 on April 25.

FL resident? Send a message to your lawmakers telling them not to guy Amendment 2. 

Pennsylvania 
Under current law, possession of up to 30 grams is third-degree misdemeanor that carries up to 30 days in jail, a $500 fine and a driver’s license suspension if convicted by a plea or trial.

House Bill 928 amends state law so that first and second marijuana possession offenses (up to 30 grams) are reduced from misdemeanor offenses to a summary offense, punishable by a fine only, and had a hearing earlier this week.

PA resident? Click here to send a message to your state lawmakers telling them it is time to decriminalize marijuana. 

Texas
HB 2107, which authorizes the possession, production, and distribution of medical marijuana and marijuana-infused products to qualified patients. Patients would receive cannabis through a network of private dispensaries and operators, similar to pharmacies, regulated under “strict guidelines” by the Texas Department of Public Safety.

A hearing is scheduled for this week on May 2.

TX resident? Click here to send a message to your lawmakers now to support patients and medical marijuana in Texas. 

Other Actions to Take

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

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

CA resident? Click here to send a message to your lawmakers in support of this bill.

Colorado
Legislation is pending to prohibit public employees from assisting federal agents in “arresting a Colorado citizen for committing an act that is a Colorado constitutional right.” Such acts would include the production and sale of marijuana.

Update: Members of the House voted 56 to 7 on April 26 in favor of the bill. It now awaits action from the Senate.

CO resident? Click here to send a message to your state Senator to support this effort.

Also, Legislation to make patients with post-traumatic stress eligible for medical cannabis therapy awaits action from Gov. John Hickenlooper.

Members of the House approved the bill by a vote of 39 to 25. Senate members approved it by a vote of 32 to 2.

CO resident? Click here to send a message to the Governor is support of this effort.

Iowa
In a last minute deal by Iowa state lawmakers, both chambers passed an amended version of HF 524 on the final day of the legislative session. 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. The bill now goes to Governor Terry Branstad (R) for his signature or veto.

IA resident? Click here to send a message to Gov. Branstad to sign HF 524. 

Vermont
Legislation is pending, H.170, to eliminate civil and criminal penalties specific to the possession and cultivation of personal use quantities of marijuana by adults, yet by a vote of 21-9, senators amended H 170 to include a full-scale system of taxed and regulated cannabis sales.

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

Additionally, legislation is pending, SB 16, to expand the pool of patients eligible for cannabis therapy.

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

Update: Members of the House Human Services Committee voted 10-0 in favor of SB 16 on April 27.

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

Washington
House and Senate lawmakers have approved legislation, SB 5131, to expand medical cannabis access. The measure now awaits action from Gov. Jay Inslee.

Senate Bill 5131 permits qualified patients and/or caregivers ages 18 and older to purchase immature cannabis plants, seeds, or clones from state-licensed dispensaries. Marijuana cooperatives may also purchase seeds from a licensed marijuana producer.

WA resident? Click here to send a message to Gov. Inslee in support of SB 5131.

 

 

Weekly Legislative Update 4/22/17

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

What a week it has been! With our 4/20 Online Day of Action, we have blown past the goals we had set and have now driven over 35,000 messages to Congress on HR 1227, the Ending Federal Marijuana Prohibition Act of 2017. If you have not yet, do so RIGHT NOW by clicking here. 

This last week, West Virginia Governor Jim Justice (D) signed into law the West Virginia Medical Cannabis Act — a state-sponsored program that will permit qualified patients to obtain medical cannabis from licensed dispensaries. With the addition of WV, the United States will soon have 30 medical marijuana programs throughout the country.

With the current Federal budget set to expire at the end of next week, it is imperative that Congress reauthorize the Rohrabacher-Farr amendment, which protects those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. Send a message to your members of Congress now to protect patients.

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
Protect Patients: Since 2014, members of Congress have passed annual spending bills that have included a provision 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.”

In December, Congress re-authorized the amendment as part of a short term spending package, House Resolution 2028. This bill extends federal funding through April 28, 2017, at which time the measure — and the Rohrabacher-Farr Amendment — will expire.

Click here to message your members of Congress to protect state medical marijuana and their patients. 

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

Florida
On November 8th, more than 71 percent of Florida voters decided in favor of the constitutional amendment, Amendment 2, to allow for the licensed production, use, and dispensing of medical cannabis to patients with a doctor’s recommendation. However, state politicians are contemplating legislative efforts to amend the law in a manner that violates both its spirit and intent.

FL resident? Click here to send a message to your elected officials and demand that they support medical marijuana in Florida

Iowa (at Governor)
In a last minute deal by Iowa state lawmakers, both chambers passed HF 524, which would expand the narrow access of CBD with up to 3% THC to patients who have been diagnosed by an Iowa-licensed physician with Parkinson’s disease, cancer, multiple sclerosis, seizures, AIDS and HIV, Crohn’s disease and Amyotrophic Lateral Sclerosis, as well as most terminal illnesses that have a life expectancy of less than one year and untreatable pain. The bill also sets up a framework for in-state production of the medicine. The bill now goes to Governor Terry Branstad (R) for his signature or veto.

IA resident? Click here to send a message to Gov. Branstad and urge him to sign HF 524

Texas
HB 2200, will provide an affirmative defense regarding medical cannabis that would protect patients, caregivers, and doctors, will be heard on April 24.

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

TX resident? Click here to send a message to your elected officials to support this common sense reform.

Vermont
Members of the Senate voted 21 to 9 on April 21 in favor of an unrelated House bill, H. 167, which Senators had amended to include language to legalize the recreational marijuana market. Other Senate amendments in the bill mimic language in H. 170, which eliminates criminal and civil penalties specific to the possession or cultivation of personal use quantities of cannabis. The amended version of H. 167 now returns to the House for further action.

VT resident? Click here to send a message to your lawmakers and support legalizing marijuana in Vermont.

Other Actions to Take

Arizona
Legislation is pending, SB 1337, to permit for the licensed production of industrial hemp.

Update: Members of the House Standing Committee and the House Appropriations Committee both passed SB 1337 by votes of 7 to 1 and 12 to 1 respectively.

AZ resident? Click here to email your elected officials to support hemp in Arizona.

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.”

Update: AB 1578 was passed by members of the Public Safety Committee on April 18 by a vote of 5-2.

CA resident? Click here to email your elected officials to support this effort. 

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

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

LA resident? Click here to support this common sense legislation. 

Nevada
Senate legislation is pending, SB 236, to regulate the social use of cannabis.

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

Update: SB 236 was amended in the Senate Judiciary Committee on 4/12 and it passed as amended.

NV resident? Click here to support marijuana social clubs in Nevada. 

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

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

Update: Members of the Senate Health and Human Services Committee on April 20 passed HB 157 out of Committee.

NH resident? Click here to send a message to your lawmakers to support patients. 

Weekly Legislative Roundup 4/08/17

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

First off –  HUGE CONGRATULATIONS TO KC NORML! If you didn’t already hear, on Tuesday the voters of Kansas City passed Question 5 to decriminalize possession of marijuana by over 70%. You can read more by clicking here.

Another bright spot to follow right now is the City of Atlanta, which is considering decriminalizing marijuana by reducing the fine to just $75 and eliminating the potential for jail time. You can read more about it from PeachTree NORML and support their efforts.

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

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

Thanks for all you do and keep fighting,
Justin

Priority Bills

Federal
Veterans: Representative Earl Blumenauer (D-OR), along with five co-sponsors, has reintroduced H.R. 1820, the Veterans Equal Access Act, which expands medical cannabis access to eligible military veterans.

Presently, V.A. doctors are forbidden from providing the paperwork necessary to complete a recommendation, thus forcing military veterans to seek the advice of a private, out-of-network physician. Passage of H.R. 1820 lifts this prohibition.

Last year, majorities in both the US House and Senate voted to include similar language as part of the Fiscal Year 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations bill. However, Republicans sitting on the House Appropriations Committee elected to remove the language from the bill during a concurrence vote. Lawmakers must stop playing politics with veterans’ health and pass H.R. 1820.

Veterans are increasingly turning to medical cannabis as an effective alternative to opioids and other conventional medications. A retrospective review of 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.

Click here to email your member of Congress and urge them to support HR 1820.

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

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

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

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

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

Update: HB 640 has a hearing scheduled for 4/11.

NH Resident? Click here to email your elected officials to support this legislation.

North Carolina
Comprehensive legislation to legalize patients use of and access to medical marijuana has been filed by Representatives Kelly M. Alexander, Jr., Becky Carney, Pricey Harrison, and Rodney Moore. Co-sponsors include Representatives John Autry, John Ager, Mary Belk, Deb Butler, Carla Cunningham, Susan C. Fisher, Edward Hanes, Jr., Yvonne Lewis Holley, Howard J. Hunter, III, Philip Lehman, and Brian Turner.

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

Update: A Senate version of the bill has been introduced, SB 579, by Senators Senators Joel Ford and Erica Smith-Ingram on April 3 and identical bill, SB 648, by Senators Terry Van Duyn and Valerie Foushee on April 4.

NC Resident? Click here to email your elected officials to support this legislation.

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

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

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

Update: SB 2344 cleared a House committee on April 3 with additional changes including the removal of the prohibition of herbal cannabis and a reduction of the annual patient application fee from $200 to $50. The bill will now go to a vote in the full House and requires a 2/3rds majority due to the fact that it changes a voter-passed initative. If passed in the House, the two versions of the bill will have to go through reconciliation.

ND Resident? Click here to email your elected officials to oppose this legislation.

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

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

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

Update: HB 81 cleared committee on a 4-2 bipartisan vote April 3 and now goes to the Calendars Committee in hopes of being scheduled for a floor vote. The Chair of the Calendars Committee is Rep. Todd Hunter, who voted for HB 81 when it was before the Criminal Jurisprudence Committee this session. We hope that this will have a positive bearing on the rest of the Calendars Committee.

TX Resident? Click here to email your elected officials to support this legislation.

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

Update: SB 386 passed the House with an amendment by Delegate John Shott, (R-Mercer) that would prohibit herbal marijuana, ban home grown, and charge $50,000 annual fees for growers and processors. The House and Senate concurred on an amended version of SB 386 on April 6. The measure now goes to the Governor, who indicates that he intends to sign it.

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

Other Actions to Take

Federal
Legislation Pending To Cease Penalizing State-Compliant Marijuana Businesses Under the Federal Tax Code

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

Click here to email your members of Congress to support this legislation.

Nevada
Senate legislation is pending, SB 236, to regulate the social use of cannabis.

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

Update: SB 236 was a heard in the Senate Judiciary Committee for 4/3.

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

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

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

Update: The House Committee on Human Services held a hearing Tuesday 4/4 on H 170.

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

Q&A with Houston NORML

10457838_1496853423881548_3582533077732459054_nNational NORML recently asked Cara Bonin, executive director of Houston NORML, a few questions about their involvement with the recent decision by DA Ogg to decriminalize marijuana in Harris County. Her response became an interview worthy of a blog post in itself. Enjoy!

NORML: What was Houston NORML’s involvement  if any in the decision by DA Og to decriminalize marijuana in Harris County?
Cara: Houston NORML has been backing Kim Ogg over the past two district attorney races. Incumbent Devon Anderson was appointed by Governor Rick Perry (R) on September 26, 2013, to succeed her husband, Mike Anderson, who died on August 31, 2013. She naturally became the incumbent in the 2014 race. Kim Ogg immediately made one of her campaign points to discuss marijuana policy reform in Texas. This was such a popular idea that it forced Devon Anderson to then campaign on a similar promise to change the way the county handled misdemeanor marijuana cases. Anderson won the election and implemented a the first chance program which was a very weak version of what Kim Ogg had campaigned on. The program had proven successful and data showed that it was getting results. Despite her loss, Ogg still stayed active in the Houston community, speaking at NORML events and even made it to Austin to testify in favor of decriminalization bills in the Texas house during the 2015 legislative session. Houston NORML supported the Kim Ogg campaign in 2016 and hosted a forum on live television showcasing Ogg’s plan for re-prioritizing marijuana cases in the county. https://www.youtube.com/watch?v=ap-4ylqY9sM
NORML: Has a decrease in marijuana arrests allowed Houston NORML to focus more on local and state legislation and activism and less on support and legal advice to people being arrested and prosecuted for possession?
Cara: The program has barely been in place one month. It is a huge relief to know we no longer have to focus on our county. We have the best policy in state thanks to the cooperation of the Harris County sheriff, DA, Houston Police Chief and dozens of other local policing agencies. We are now focusing on getting bills passed in the Texas legislative session.
NORML: What are some of the new goals and challenges of Houston NORML post decriminalization? What has changed? What hasn’t?
Cara: We are currently funneling all resources on reforming laws at the state level. Since the program has only been in place one month there are not a lot of statistics to share. Many of the surrounding counties have already spoken out in opposition to Ogg’s program. I live in Katy which is a tri-county city. Waller and Ft Bend county officials wanted to make it clear that it is business as usual when it comes to their arresting policies. A spokesman for the Lt Governor’s office claimed that Houston will become a sanctuary city for drug dealers and illegal immigrants. The Montgomery County DA came out in opposition the day before Ogg even announced the details of her program. They proudly show off their ignorance with such arrogance. It is proof that we still have a lot of work to do locally and state wide to change the opinions of policy makers and enforcers. For more detailed information on the Harris County Misdemeanor Marijuana Diversion Program please visit the following site: https://app.dao.hctx.net/OurOffice/MMDP.aspx. I hope this helps.
NORML: Yes it does. Thank you Cara and Houston NORML for a job well done! And a special thanks to Corpus Christi NORML for gaining cooperation with Rep. Todd Hunter R-Corpus Christi to support HB81 who chairs the Calendar Committee!
Texans Take Action:
https://ballotpedia.org/Calendars_Committee,_Texas_House_of_Representatives
http://salsa3.salsalabs.com/o/51046/p/dia/action3/common/public/?action_KEY=19633

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

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

By Jax Finkel
Texas NORML Executive Director

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

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

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

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

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

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

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

Meaningful reform is within reach. Please take action today!

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

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

 

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

Visit their site to find out more and get involved!

Houston Has Decriminalized Marijuana, Reveals Conflicting Attitudes and Budget Priorities of Law Enforcement

Cannabis PenaltiesOn March 1, Harris County District Attorney Kim Ogg decriminalized marijuana by instituting the new Misdemeanor Marijuana Diversion Program. This decision in Harris County, which includes the city of Houston, affects more than 4.5 million Texans. As a result, possession of less than 4 ounces of marijuana is now punishable by up to $150, required attendance of a “decision making” class, and no criminal record.

With so many Sheriffs Associations and prosecutors traditionally advocate for maintaining marijuana prohibition, even lobbying our legislators with our tax dollars in order to cash in on asset forfeitures, what happened in Harris County marks a real tipping point for ending prohibition in the state of Texas and reveals a growing organization within law enforcement that wants to correct currently ineffective marijuana policy by deprioritizing arrests for simple possession.

Harris County courts and jails were long overwhelmed by arrests and prosecutions for small marijuana possessions. According to internal data provided from the Harris County District Attorney’s office, the cost of enforcing marijuana prohibition in Harris County tax dollars prior to decriminalization (including court fees, indigent defense, DA fees, jail costs, crime labs and labor costs from local police) were estimated at $26,663,800 annually.

To put that amount of money into perspective, that’s more than enough money for the city of Houston to build a new high school or a 17-bed medical facility every year. Another way to look at it is that these freed up resources can now give prosecutors and police the ability and time required to test the backlog of rape kit evidence and investigate unsolved violent crimes in Harris County. What a concept! Instead of confiscating assets and ruining the lives of nonviolent citizens, we can prosecute the violent criminals that law enforcement are sworn to protect us from.

These estimates don’t include the tax dollars or collateral damage that marijuana prohibition on families including separation from loved ones, lost income from jailed parents or the emotional toll time spent in state custody can have on children. Even for Harris County, these remain real threats under state and federal law.

But after Ogg’s March 1st decision in Harris County, something changed. It was a change that could be felt in the halls of the Texas state capitol. During the Committee hearing on HB81 to decriminalize marijuana in Texas on March 13th, unlike any previous marijuana bill, not a single Sheriff’s Association came to testify against the bill; just one lonely prosecutor from Odessa. By contrast, the halls of the Texas State Capitol filled with members of the Law Enforcement Action Partnership, friendly state Congressman like Rep. Joe Moody (D-El Paso) and Jason Isaac (R-Dripping Springs), Executive Director Jax Finkle of Texas NORML, and Heather Fazio of Texans for Responsible Marijuana Policy all lobbying on our behalf to get HB 81 and SB 170 into committee.

However, as Bob Sechler from the Austin American Statesman recently reported, “Still, some law enforcement representatives are dubious, saying among other things that low-volume pot possession can provide police with probable cause to investigate bigger crimes, and that there currently isn’t a good, on-the-spot test to determine if a driver is under the influence of marijuana.”

The other argument made by Lawrence, that “low-volume pot possession can provide police with probable cause to investigate bigger crimes,” is evidence of a different addiction: an addiction distinct to law enforcement for asset forfeitures. When an informant remains planted on a suspect for decades after a plethora of evidence to close the case, or when law enforcement stops only the cars going south with cash and not the ones going north with drugs, we have what can only be described as an asset forfeiture epidemic lead by the Controlled Substances Act of 1970. Lawrence doesn’t even take into consideration if the detection of marijuana is either a violent or dangerous threat to roadway safety, admitting his worry is he can’t determine if someone is impaired. (Hint: a good indication the driver is not impaired). By that logic, Lawrence implies he is satisfied with the casualties, tax expenses and arrests of nonviolent citizens whose only offense is possession of marijuana, so long as a portion of those arrested lead to “serious” crimes (or asset forfeitures). This erroneous argument is so preposterous he doesn’t appear to realize he is admitting that encountering someone who has consumed marijuana is relatively safe.

So let’s look at the financial motivations of law enforcement that remain loyal to marijuana prohibition. On the other side of Texas from Harris County, on the I-10 corridor near El Paso, federal grants used to be the major motivator for marijuana possession arrests by a self-proclaimed “Boss Hog” in Hudspeth County, where to fill a federal quota the Sheriff infamously arrested Willie Nelson and even Snoop Dog on road tours for possession. Those funds were more bureaucratic in that the grants kept the Sheriff and private jail facilities employed, but the profit motives were parasitic. The Obama administration tried to do away with private prison contracts but Trump and Sessions are bringing them back.

But what about those civil asset forfeitures? Sheriff’s Associations or prosecutors using our tax dollars to lobby for asset forfeitures are more sinister in that not all the money seized gets accurately reported, and since property and money are seized without due process, victims find it difficult and expensive to go to court dockets titled “The State of Texas vs. $10,000,” only to find in some instances a prosecutor instead of a judge in court.

However, looking at the DOJ’s Asset Forfeiture Program Annual report for 2012, the local money being reported as seized just doesn’t add up to the cost of incarcerating so many non-violent people in possession of marijuana. Harris County reported: $1,387,430 in seized assets, more than most other Texas counties. But we would have to add up the entire state total of $31,520,522 in local asset forfeitures before we can get passed the $26,663,800 in annual costs for prosecuting and jailing minor marijuana possessions in just Harris County alone. Federal agencies target all the big asset seizures but according to this inspector general’s report, what gets accurately reported of that money causes more corrupt internal fighting and competition between federal agencies than any shared resources with local law enforcement.

In short, for local jurisdictions, decriminalizing marijuana makes plain economic sense. And for districts with law enforcement overwhelmed and under budget decriminalization may be the only logical choice to keep up with the payroll.

What do we do as activists? We can pay attention to candidates for District Attorney and Sheriff to vet them on marijuana policy so we can take local action to decriminalize. (After they become Sheriff? Just say “Am I being arrested?” and make sure you know what a Motion to Suppress Evidence is: example here)

But the real people we need to contact to make effective improvement in marijuana policy is not the President, the DA, a cop or anyone in the executive branch: It’s our state and local Congressman in the legislative branch. And this is the right website to do so.

Texas resident? Take Action:

HB 81 and SB 170 to decriminalize marijuana is pending in their respective chambers. Contact your Texas Representative to support HB 81 and SB 170 by clicking here

Vice Chair Todd Hunter is also the Chair of the Calendar Committee which decides if bills get a floor vote in Texas. Hunter held up a decriminalization bill in 2015 by failing to put the vote on the Calendar. If you live in Chorpus Christi, give Todd Hunter a call and tell him to give HB81 a floor vote!

Also in Texas do not forget to mention SB380 to abolish civil asset forfeiture in the state of Texas.

Visit Houston NORMLs website and follow them on Facebook and Twitter.

Weekly Legislative Roundup 4/01/17

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

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

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

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

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

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

Thanks for all you do and keep fighting,
Justin

Priority Alerts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tennessee
Legislation is before the Governor, HB 173, to nullify the enactment of citywide marijuana decriminalization ordinances and to prevent additional municipalities from enacting similar marijuana reform measures.

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

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

Update: Members of the Senate passed HB 173 on March 28. It now goes to the Governor.

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

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

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

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

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

Other Actions To Take

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

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

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

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

Arkansas
House Bill 1580 imposes a special eight percent statewide tax upon medical marijuana sales. This tax would be in addition to the imposition of existing state and local taxes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Weekly Legislative Roundup 3/11/2017

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

At the federal level, aside from a few absurd comments by Attorney General Sessions and new cosponsors to HR 975 and HR 1227, things have been pretty quiet.

At the state level, it is quite a different story. We have continued to see a marked rise in the number of bills introduced pertaining to marijuana, crossing the 1,500 mark. From hearings on marijuana legalization in Maryland to social clubs passing the Senate in Colorado to hemp passing the both chambers in the New Mexico statehouse, at every level we are making progress.

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

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

Thanks for all you do and keep fighting,
Justin

Priority Alerts

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

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

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

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

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

Colorado
Colorado State Senator Bob Gardner and Representative Dan Pabon have introduced legislation that is headed to the Senate Business, Labor and Technology committee on Tuesday, March 1, 2017. SB 184: The Marijuana Membership Clubs and Public Use Bill, will provide Colorado municipalities with the regulatory framework needed to allow responsible adults the option to socially consume marijuana in a membership club away from the general public.

Last November, voters In California and Maine approved public marijuana consumption through Proposition 64 and Question 1, but haven’t settled on rules. This means Colorado could be first out of the gate with statewide regulations for pot clubs.

Update: SB 184 passed the full Senate on Thursday, March 9, by a vote of 25-10 and will now be sent to the House. Gov. Hickenlooper has promised to veto the bill if passed in its current version.

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

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

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

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

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

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

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

Maryland
HB 1236 and it’s companion bill SB891 would amend the Maryland Constitution to ensure citizens have the right to possess, smoke, and cultivate marijuana.

The Amendment would also require the General Assembly to establish a regulatory structure for “the transfer of cannabis by purchase or sale.”

If enacted, the law would legalize the possession of up to two ounces and the cultivation of up to six plants.

Update: The House held a hearing about HB 1236 on March 3 at 1pm, and a hearing about SB 891 on March 2 at 1pm.

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

Nevada
Senate legislation is pending, SB 236, to regulate the social use of cannabis.

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

To date, private adult use of marijuana is permitted, but only in a private residence. Passage of SB 236 establishes a regulatory framework to permit adults the option to consume cannabis at specified public places or events.

NV Resident? Click here to email 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: HB 215 passed the House on Thursday, March 8 on a voice vote. It will now be referred to the Senate.

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

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

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

Update: Bills to add chronic pain (HB 157) and PTSD (HB 160) to the list of qualifying conditions for medical marijuana have passed the House. They will now be referred to the Senate.

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

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

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

Update: A Senate substitute version of SB 258 was passed 33 to 9 by members of the Senate. The amended version of the bill now awaits action by the House.  

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

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

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

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

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

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

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

Update: SB 1119 and SB 673 were debated by members of the Senate Judiciary Committee on March 7.

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

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

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

Update: HB 81 is scheduled for a hearing on Monday, March 13. Starting at 8am if you happen to be in the state capitol in Austin you can get within the capitol steps Wi-Fi in order to register your support of HB 81.

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

Vermont
Rep. Samuel Young has introduced H. 490 to regulate the commercial and retail marijuana market.

H. 490 establishes a regulated system whereby adults may legally obtain marijuana from state-licensed retail providers and sellers.

Statewide polling reports that a majority of Vermont voters support legalizing and regulating marijuana. According to a RAND Corporation study, regulating the commercial sale of cannabis in Vermont would generate $20 million to $75 million annually in new tax revenue.

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

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

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

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

Additional Actions To Take

Arkansas
House Bill 1580 imposes a special eight percent statewide tax upon medical marijuana sales. This tax would be in addition to the imposition of existing state and local taxes.

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

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

District of Columbia
Councilman David Grosso has re-introduced the Marijuana Legalization and Regulation Act. First introduced in 2014, DC voters overwhelmingly approved the ballot measure.

The bill will legalize marijuana use for adults over the age of 21 and will allow the city to tax and regulate a commercial market. Due to DC’s unique charter in Congress, however, this provision of the law was gutted in 2014.

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

New Hampshire
House legislation is pending, HB 472, to permit qualified patients to cultivate their own medicine.

Under present law, qualified patients must purchase cannabis from one of a handful of state-licensed dispensaries.

House Bill 472 allows patients to cultivate up to two mature plants and up to 12 seedlings at one time.

Update: Members of the House of Representatives have passed HB 472. It now awaits action by the Senate.

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

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

A similar provision, Senate Bill 6, now awaits action from the Governor. Members of the House and Senate have previously passed the measure by votes of 58 to 8 and 37 to 2.

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

Washington
Legislation is before lawmakers, House Bill 2064, to amend state law so that industrial hemp is not longer classified under the state’s uniform controlled substances act.

If passed, hemp plants will no longer be regulated as a controlled substance.

Update: HB 2064 has unanimously passed the House and awaits action in the Senate.

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

Weekly Legislative Roundup 3/3/2017


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

At the state level, we have updated or added 23 Action Alerts this week as the total number of pieces of legislation introduced nationwide that pertain to marijuana has now topped 1,400.

Federally, the developments just keep on coming, furthering the confusion and disarray at the Department of Justice and the marijuana policy objectives of Attorney General Jeff Sessions.

AG Sessions has articulated alternative facts in regards to marijuana and violence and opioids and has yet to say what “increased enforcement” means. Yet a staffer at the DoJ did say that the “The department’s current policy is reflected in the 2013 Cole Memo,” referring to the Obama policy.

Additionally, 11 Senators sent a letter to the Attorney General that stated “It is essential that states that have implemented any type of practical, effective marijuana policy receive immediate assurance from the DOJ that it will respect the ability of states to enforce thoughtful, sensible drug policies in ways that do not threaten the public’s health and safety,” the senators wrote. “This ensures that state infrastructure, including tax revenue, small businesses, and jobs, can be protected; DOJ resources can be used most effectively; and most importantly, that marijuana can be properly regulated to improve public health and safety.”

Conveniently, the “Ending Marijuana Prohibition Act of 2017” was reintroduced this week in the House of Representatives. Email your Representative to sign onto the bill and support it now by clicking here.

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

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

Thanks for all you do and keep fighting,
Justin

Priority Bills

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

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

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

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

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

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

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

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

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

Update: The Senate version of this bill, SB 357, has passed Committee and now awaits action on the Senate floor.

AR Resident? Click here to email your elected officials to oppose this legislation.

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

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

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

Iowa
Senate legislation is pending, SF 280, to reduce penalties involving the possession of five grams of marijuana or less.

If passed, the measure would classify first time offenses from a serious misdemeanor, punishable by up to six months in jail and a $1,000 fine, to a simple misdemeanor, punishable by no more than 30 days in jail and a $625 fine.

Update: Members of the Senate Judiciary subcommittee passed the measure to the full Committee on February 28.

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

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

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

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

Vermont
Rep. Samuel Young has introduced H. 490 to regulate the commercial and retail marijuana market.

H. 490 establishes a regulated system whereby adults may legally obtain marijuana from state-licensed retail providers and sellers.

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

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

Update: SB1027 has been passed unanimously by both the House (99-0) and Senate (38-0) and now heads to the Governor to be signed into law or vetoed. The Governor’s Action deadline is midnight on March 27.

VA Resident? Click here to email your elected officials to support this legislation.

Additional Actions To Take

Arizona
Legislation is pending, SB 1337, to permit for the licensed production of industrial hemp.

The proposal redefines hemp as a legal agricultural product and finds, “[T]he development and use of industrial hemp can improve the economy.”

Update: SB 1337 passed in the Senate with a vote of 26-4 and is being transmitted to the House.

AZ Resident? Click here to email your elected officials to support this legislation.

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.”

Update: AB 1578 may be heard in committee on March 21.

CA Resident? Click here to email your elected officials to support this legislation.

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

SB 155 would permit qualified patients to grow their own medical marijuana or to obtain it from a licensed dispensary, while also educating physicians who seek to recommend cannabis therapy.

Update: A hearing was held to debate and discuss SB 155 on February 20.

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

Missouri
Legislation has been introduced in the House, HB 1095, to legalize the adult use of marijuana and to regulate the commercial cannabis market.

The measure permits adults to legally possess up to 35 grams of marijuana and/or to cultivate up to six marijuana plants. Adults may legally possess the total yield from those plants.

MO Resident? Click here to email your elected officials to support this legislation.

New Mexico
State Representatives Bill McCamley and Javier Martinez introduced HB 89, the Cannabis Revenue & Freedom Act to regulate the cultivation and retail sale of marijuana in the state. Companion legislation, SB 278, introduced by Sen. Gerald Ortiz, is also pending in the Senate.

Update: Members of the House Business and Industry Committee voted 9-1 on Monday, February 27, to defeat House Bill 89. SB 278 is still awaiting a vote in the Senate.

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

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

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

Update: A Senate substitute version of SB 258 was passed 33 to 9 by members of the Senate. The amended version of the bill now awaits action by the House.  

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

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

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

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

Update: Members of the House Health and Human Services Committee removed the FDA provision from SB 95 and passed it 7 to 3 on March 2.

SD Resident? Click here to email your elected officials to support this legislation.

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

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

Update: HB 173 has been passed out of subcommittee and now awaits action by the full House Criminal Justice Committee.

TN Resident? Click here to email your elected officials to oppose this legislation.

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

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

Update: SB 1116 has a hearing scheduled for March 7.

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

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

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

TX Resident? Click here to email your elected officials to support this legislation.

Washington
Legislation is before lawmakers, House Bill 2064, to amend state law so that industrial hemp is not longer classified under the state’s uniform controlled substances act.

If passed, hemp plants will no longer be regulated as a controlled substance.

Update: HB 2064 has unanimously passed the House and awaits action in the Senate.

WA Resident? Click here to email your elected officials to support this legislation.

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

Update: The first bill, SB 38, had been introduced to the Senate and referred to committee.

WI Resident? Click here to email your elected officials to support this legislation.

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