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NORML Blog

  • by Paul Armentano, NORML Deputy Director July 22, 2014

    Oregon voters will decide this November in favor of a statewide initiative to regulate the commercial production and retail sale of marijuana.

    State election officials today announced that petitioners, New Approach Oregon, had submitted enough valid signatures from registered voters to qualify the measure for the November ballot.

    The proposed ballot initiative (Initiative Petition 53) seeks to regulate the personal possession, commercial cultivation, and retail sale of cannabis to adults. Taxes on the commercial sale of cannabis under the plan are estimated to raise some $88 million in revenue in the first two years following the law’s implementation. Adults who engage in the non-commercial cultivation of limited amounts of cannabis for personal use (up to four marijuana plants and eight ounces of usable marijuana at a given time) will not be subject to taxation or commercial regulations.

    Passage of the initiative would not “amend or affect in any way the function, duties, and powers of the Oregon Health Authority under the Oregon Medical Marijuana Act.”

    A statewide Survey USA poll released in June reported that 51 percent of Oregon adults support legalizing the personal use of marijuana. Forty-one percent of respondents, primarily Republicans and older voters, oppose the idea. The poll did not survey respondents as to whether they specifically supported the proposed 2014 initiative.

    Alaska voters will decide on a similar legalization initiative in November. Florida voters will also decide in November on a constitutional amendment to allow for the physician-authorized use of cannabis therapy.

  • by Keith Stroup, NORML Legal Counsel July 21, 2014

    Now that America has some form of legalization in 23 states and the District of Columbia, activists must reevaluate those state’s laws to refine the details of their legalization systems. There are three distinct areas in which cannabis laws need clarification and evolution: employment issues, child custody issues, and DUID charges. This week, I will discuss the important area of employment discrimination.

    First, let’s be clear: no one should go to work in an impaired condition, regardless of what drug is involved. It’s not fair to the employer or to one’s fellow employees, and may well constitute a safety risk. Also, some jobs are so sensitive that it may well be good public policy to require a zero tolerance policy towards all drug use. Certain jobs in the nuclear energy field, for example, or jobs in which an employee is working around nuclear weapons or flammable material fall into this category. Some risks are simply too great to allow even occasional drug use of any kind, whether it’s cannabis or alcohol.

    But most jobs are not. They require a sober individual who can responsibly and safely perform their job. Whether they smoked a joint over the weekend, or even the night before, has no impact on the workers’ ability to perform their jobs in a safe and responsible manner.

    CLICK HERE TO READ THE FULL ARTICLE ON MARIJUANA.COM

  • by Paul Armentano, NORML Deputy Director July 16, 2014

    A new District ordinance reducing marijuana possession penalties to a $25.00 fine-only violation goes into effect at midnight tonight.

    Washington, DC City Council members overwhelmingly approved the legislation, entitled “The Simple Possession of Small Quantities of Marijuana Decriminalization Amendment Act,” this past spring. The measure amends District law involving the possession or transfer of up to one ounce of marijuana from a criminal misdemeanor (formerly punishable by up to 6 months incarceration and a maximum fine of $1,000) to a civil violation (punishable by a $25.00 fine, no arrest, no jail time, and no criminal record).

    Offenses involving the public consumption of cannabis remain classified as a criminal misdemeanor under DC law, punishable by up to six-months in jail and a $500 fine. The possession of cannabis-related paraphernalia will be re-classified as a violation, not a criminal offense.

    An analysis published by the American Civil Liberties Union reported that the District possesses the highest percentage of marijuana possession arrests per capita in the nation.

    Weeks ago, Congressman Andrew Harris (R-MD) introduced a language to undermine the implementation of this act. However, that provision remains pending and is strongly opposed by the White House.

    The District’s $25.00 fine-only measure is similar to existing ‘decriminalization’ laws in California, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, Rhode Island, and Vermont where private, non-medical possession of marijuana is treated as a civil, non-criminal offense.

    Five additional states — Minnesota, Mississippi, Nevada, North Carolina, and Ohio — treat marijuana possession offenses as a fine-only misdemeanor offense.

    Three states — Alaska, Colorado, and Washington — impose no criminal or civil penalty for the private possession of small amounts of marijuana.

  • by admin

    This afternoon, the House of Representatives voted 231 to 192 in favor of the Heck-Perlmutter-Lee-Rohrabacher Amendment, which will restrict Treasury Department and SEC funds from being spent to penalize financial institutions for providing services to marijuana related business that operate according to state law. This proposal amends H.R. 5016, a spending bill for fiscal year 2015 that funds the Internal Revenue Service, Treasury Department, and Securities and Exchange Commission.

    The amendment reads:

    “None of the funds made available in this Act may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, or Wisconsin or the District of Columbia, to prohibit, penalize, or otherwise discourage a financial institution from providing financial services to an entity solely because the entity is a manufacturer, producer, or person that participates in any business or organized activity that involves handling marijuana or marijuana products and engages in such activity pursuant to a law established by a State or a unit of local government.”

    This vote comes on the heels of another recent historic vote in the House of Representatives, that restricted Department of Justice and DEA funds from being used to interfere in state approved medical marijuana programs. That measure is still awaiting action in the US Senate. This measure, HR 5106, will now be sent to the Senate as well.

    “The recent votes in the House of Representatives demonstrate bi-partisan support at the federal level to allow states to experiment with new marijuana policies, free from federal interference,” stated NORML Communications Director Erik Altieri, “If implemented, this amendment will help alter the current untenable status quo that forces otherwise law abiding businesses to operate on a cash only basis, making them a target for criminal actions and unduly burdening their operations.”

  • by Paul Armentano, NORML Deputy Director July 15, 2014

    More than six out of ten Americans – including majorities of self-identified Democrats, Independents, and Republicans – support the regulation and retail sale of marijuana in Colorado, according to the findings of a nationwide HuffPost.com/YouGov poll released today.

    Colorado voters in 2012 approved a statewide initiative legalizing the personal consumption and cultivation of the plant. The measure also allows for the state-licensed commercial production and retail sales of cannabis to those over the age of 21. Commercial cannabis sales began on January 1st of this year. To date, these sales have generated nearly $11 million in tax revenue.

    Sixty-one percent of Americans – including 68 percent of Democrats, 60 percent of Independents, and 52 percent of Republicans – say they “support” Colorado’s efforts to regulate the commercial cannabis market. Only 27 percent of respondents oppose the Colorado law.

    Respondents between the ages of 18 and 29 (65 percent) as well as those age 65 and older (64 percent) were most likely to support Colorado’s efforts, while those between the ages of 45 to 65 (55 percent) were less likely to do so.

    The results of a separate poll of Colorado voters commissioned by Quinnipiac University in April similarly reported that most Coloradoans support the state’s efforts to regulate marijuana sales and consumption.

    Similarly licensed commercial retail sales of cannabis began last week in Washington state.

    In response to a separate HuffPost/YouGov poll question, 54 percent of those surveyed said that the US government should not enforce federal anti-marijuana laws in states that have legalized and regulated the plant. Only 29 percent of respondents endorsed the notion of enforcing federal prohibition in states that are pursuing alternative regulatory schemes.

    “Every day in America, hundreds of thousands of people engage in transactions involving the recreational use of marijuana, but only in two states – Colorado and Washington – do these transactions take place in a safe, above-ground, state-licensed facility where consumers must show proof of age, the product sold is of known quality, and the sales are taxed in a manner to help fund necessary state and local services,” NORML Deputy Director Paul Armentano said. “Not surprisingly, most Americans prefer to have cannabis regulated in this sort of legal setting as opposed to an environment where the plant’s production and sale is entirely unregulated and those who consume it are stigmatized and classified as criminals.”

    Complete poll results are available online here.

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