Despite experiencing setbacks when it came to reintroducing marijuana legalization legislation for the 2014 Maine legislative session, efforts are already underway to prepare for 2015. The primary sponsor of the previous marijuana legalization bills in the state, Rep. Diane Russell, and NORML are seeking input regarding the drafting of this legislation. We feel the current draft is well written and accomplishes a number of goals we can all agree on, such as the establishment of retail outlets to sell marijuana to those over the age of 21, allowing for home cultivation, protecting the current medical marijuana program, dedicating tax revenue to establish subsidies to low income patients to help them afford their medical cannabis, implement a reasonable tax structure for marijuana sold at retail, and give deference on retail licenses to those who have held residency in Maine for several years. Below is a message from Rep. Russell, read it over then click the link to read the current bill draft and leave your comments (be polite and constructive!).
I’ve been working hard to draft a responsible bill that balances a variety of stakeholder interests, along with what is politically viable. It is designed to be a rational, pragmatic bill designed to move Maine forward toward ending prohibition.
My goal has always been to pull together the best version I could, and then open it up for public comment this week so everyone can help make it even better. I just wanted to be sure we had a good version of the bill to start from. Just log in with Facebook or Twitter and leave the comments and suggestions for all of us to see. You can start a “new suggestion” in the control box to the right, after you sign in.
It’s yours now.
So here’s the deal. Write whatever you want, suggest whatever you think makes it better. It’s yours to critique, to provide feedback and to comment freely.
All comments received before December 15, 2013 will be aggregated, and I will work to incorporate constructive, realistic feedback into the final bill which I’d like to release early next year.
Some Key Goals:
1. Adhere to the eight guidelines issued by the Department of Justice.
2. Protect patients.
3. Protect our communities and our kids. Would my mom approve? Would yours?
4. Ensure the industry is for Maine people and boosts local economies across the state.
5. Ensure adults could grow at home.
6. Constructively balance the varied interests and concerns coming from often opposing view points
7. Make Mainers Proud.
It’s in your hands now. Make it a better bill!
-Rep. Diane Russell
Want to do more to help bring marijuana legalization to Maine? We encourage all Mainers to check out www.yesmaine.org to review the information there. You can also submit your contact information if you are interested in playing a role in the formation of a Maine NORML chapter. It was with your support we have made the progress in Maine that we have, keep up the hard work and we can finish the job come 2015.
Together, we will legalize marijuana.
Did you know you can do your holiday shopping and support marijuana legalization at the same time?
As we close out of Cyber Monday and enter the full swing of the holiday season, you now have the opportunity help a great cause while doing your online holiday shopping at no extra cost. Every Time you make a purchase through the following websites, a percentage of your purchase price will be donated to the NORML Foundation.
iGive: Sign-up through www.igive.com/norml, download the button and start shopping. There’s over 1400 socially-responsible stores helping to make donations happen.
Amazon: When you shop through Amazon, the Amazon Smile Foundation will donate 0.5% of the purchase price to NORML. Just click here or the link below and start shopping.
Other ways to help NORML during the holiday season: You can make a tax-deductible contribution to the NORML Foundation via check, credit card or PayPal by clicking here. You can also donate stock options, sign up for corporate gift matching (if applicable) and/or incorporate NORML into your will and estate planning.
The New Jersey Assembly Agriculture and Natural Resources Committee voted 4-1 in favor of Assembly Bill 2415. This legislation would legalize the licensed cultivation of industrial hemp. Members of NORML New Jersey were present to testify in favor of this legislation.
“We commend the Committee for taking a common sense approach to allow the growth of industrial hemp in New Jersey,” stated NORML New Jersey Executive Director Evan Nison, “Our cannabis laws are nonsensical, and few issues embody this more obviously and plainly than the prohibition of industrial hemp. We hope the absurdity of these laws will encourage members of the legislature and the public to reevaluate marijuana laws across the board.”
“The passage of this bill will help pressure the Federal Government to allow farmers to grow industrial hemp, much like nearly all other industrialize counties do, to help our environment and provide another crop for farmers.” Nison continued, “Many members of Congress are already supportive of such reforms, and states showing an eagerness to allow this crop will encourage Congress to get it done. ”
The United States is the only developed nation that fails to cultivate industrial hemp as an economic crop, according to a 2005 Congressional Resource Service (CRS) report. Hemp is a distinct variety of the plant species cannabis sativa that contains only minute (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Farmers worldwide grow hemp commercially for fiber, seed, and oil for use in a variety of industrial and consumer products, including food and clothing. Assembly Bill 2415 would allow New Jersey to authorize a licensed, statewide hemp industry. A2415 now awaits action on the floor of the New Jersey Assembly.
For more information contact Evan Nison, Executive Director of NORML New Jersey at Evan@normlnj.org
NJ: You can quickly and easily contact your elected officials in support of this legislation using NORML’s Take Action Center here.
NORML filed an “amicus curiae” brief with the state supreme appellate court on Friday, November 22, urging the court to enforce the limits on police searches set by 2008′s voter-initiative state decriminalization law, which eliminating police searches and arrests for possession of small amounts of marijuana. Attorneys Michael Cutler of Northampton and Steven Epstein of Georgetown authored the brief.
In this case a Boston judge initially ruled a 2011 police search — based entirely on the smell of unburnt marijuana — violated the “decriminalization” law which made possession of an ounce or less of marijuana a civil infraction subject only to a fine, thereby ending police authority to search or arrest the possessor. The state appealed.
Earlier in 2011 the state supreme court ruled, in a case in which NORML also filed an amicus brief, that police searches based only on the odor of burnt marijuana were now illegal. The court reasoned that smell alone did not establish probable cause to believe a criminal amount (more than an ounce) was present, so police had no power to search or arrest.
NORML asks the court to reject the Boston prosecutor’s claim that federal prohibition — which allows arrest and imprisonment for any amount of cannabis under federal law — trumps the state decriminalization law and allows police to ignore state law and use evidence from smell-based searches in state courts.
NORML argues that state prosecutors and police must obey state law and state appellate court rulings under the state constitution’s separation of powers doctrine, requiring the executive branch to obey the legislative branch’s laws and the judicial branch’s limits on police conduct under state law and the state’s constitution.
Finally, NORML argues that the state prosecutor’s position violates fundamental principles of Federalism, which limit federal “preemption” of state law only where state law “positively conflicts” with federal law. Since the August 2013 federal Justice Department Guidance memo to federal prosecutors nationwide, recommending no interference with state laws legalizing marijuana in a responsible manner, no such conflict exists between federal and state authority.
Oral argument in the case of Commonwealth v. Craan is scheduled for early February, with a decision possible by June 2014.
On Thursday November 21, US law enforcement agents, along with local police officers raided 14 medical marijuana locations around Colorado (including dispensaries, grow warehouses and 2 private residences), making it one of the largest federal raids since the state’s medical marijuana laws went into effect. A search warrant identifies 10 target subjects, noting alleged violations to the latest DOJ memo dealing with state pot laws that contradict federal policy.
On August 29th, the Justice Department issued a memo to federal prosecutors indicating it wouldn’t interfere with legal marijuana businesses that are acting compliance with state law, so long as they strictly adhere to eight specific areas of concern such as preventing distribution to minors and cultivation on public lands. Jeff Dorschner, spokesman for the U.S. Department of Justice in Denver said that “there are strong indications that more than one of the eight federal prosecution priorities identified in the Department of Justice’s August guidance memo are potentially implicated.” Two of those violations appear to include trafficking marijuana outside of states where it has been legalized and money laundering. No arrests have been made in this case as of yet.
Many of the locations raided on Thursday had multiple marijuana-related businesses at a single address. According to the Denver Post, “Investigators believe the businesses that were raided are all “one big operation…[and that] those targeted in the raids had been actively purchasing area dispensaries and growhouses over a sustained period of time.”
Juan Guardarrama, One of the named targets, is known to have a criminal history with potential ties to Cuban and Colombian drug gangs, according to the Miami Herald. In 2012 Guardarrama, who is also referred to as “Tony Montana” from the Al Pacino movie “Scarface,” asked undercover police officers to transport his CO-grown marijuana to Florida and?to?”take out”?his?partner. He pleaded guilty earlier this year in Miami in a racketeering case.
This case clearly has a lot of moving parts, and more information is needed to understand the full scope of the situation. But, if evidence proves that there have been large-scale violations to any of the recent DOJ memo’s eight areas of concern, one can’t be surprised that the federal government would act in accordance to its own guidelines. As more information emerges, the public will get a better understanding of the story and the alleged players involved in this operation.