Many States Moving Forward With Medical Marijuana Plans — Despite Recent Federal Warnings

Much has been made in the mainstream media in recent weeks regarding the federal government’s attempts to intimidate states into dropping their medical marijuana programs. But much less media attention has been paid to the reality that in several states, lawmakers are continuing to move forward with medical cannabis legalization efforts despite the Justice Department’s recent rhetorical smack-down.

Here’s a run down of the latest statewide developments and what you can do to help.

Connecticut: Members of the Joint Standing Committee on Public Health on Tuesday decided in favor of Governor’s Bill 1015, which amends state law to “authorize an individual to use marijuana for medical purposes as directed by a physician.” Members of the Judiciary had previously endorsed the bill, which is backed by Gov. Dan Malloy, in April. “States have a right to decide this for themselves,” Michael P. Lawlor, Gov. Dannel P. Malloy’s senior criminal justice adviser told The Connecticut Mirror this week. If enacted, Connecticut will become the sixteenth state since 1996 to authorize the state-sanctioned use of cannabis when recommended by a physician. You can support this effort via NORML’s ‘Take Action Center’ here.

Delaware: Lawmakers are in the final stages of making Delaware the sixteenth state to allow for the physician-authorized use of marijuana. On Thursday, May 5, House lawmakers approved an amended version of Senate Bill 17, The Delaware Medical Marijuana Act. Senate Bill 17 amends state law so that physician-supervised patients with an authorized “debilitating medical condition” can possess and use marijuana for medical purposes. The measure would also provide for the establishment of non-profit “compassion centers” that would be licensed by the state to produce and dispense medical cannabis. Because House lawmakers made amendments to the Senate version of the bill, the measure must return to the Senate for an additional vote. In March, members of the Delaware Senate voted 18 to 3 in favor of the measure. You can learn more about this measure and how to support it via NORML’s ‘Take Action Center’ here.

Ohio: Legislation that seeks to legalize the physician-supervised use of medical marijuana was reintroduced this week in the Ohio Legislature. House Bill 214, the Ohio Medical Compassion Act, amends state law so that physician-supervised patients with an authorized “debilitating medical condition” can possess and grow marijuana for medical purposes. Full text of the measure can be read here. HB 214 would allow qualifying patients to possess up to two hundred grams of usable marijuana and twelve mature cannabis plants. Qualifying patients from other medical marijuana states would be provided legal protection under this measure. HB 214 has been referred to the House Committee on Health and Aging, but has yet to be scheduled for a hearing. You can contact your state lawmakers in support of this measure here.

Vermont: Vermont lawmakers have cleared the way for the enactment of the state-licensed distribution of medical marijuana. On Thursday, May 5, House lawmakers voted 99-44 in favor of Senate Bill 17, which allows for the state-sanctioned sale of marijuana to qualified patients. Under the bill, four dispensaries may be established to serve up to 1,000 patients. House lawmakers overwhelmingly decided to pass the measure despite warnings from the US Department of Justice claiming that the operation of such facilities could place citizens and state officials in conflict with federal law. Senators previously passed a version of SB 17 in April and are expected to concur with the minor changes made by the House. State Gov. Peter Shumlin supports the measure. Vermont lawmakers legalized the use of marijuana as a medicine in 2004, but the law presently provides no legal source for cannabis aside from home cultivation.

Currently, both Colorado and New Mexico authorize the state-sanctioned distribution of cannabis.

NORMLtv: Denver Mayoral Candidates Support What the Fed Won’t

While the Department of Justice has been threatening medical marijuana programs around the country (see blog post below), six of Denver’s mayoral candidates came out in support of their state’s current medical program at this year’s NORML Conference. Though their level of enthusiasm may differ (Doug Linkhart’s wholehearted embrace of both the current medical system and prospects of full legalization stands out) all the candidates saw it as beneficial to their state, both to help the ill and to create an industry that provides new jobs. You can watch the key points from the first half of the debate below, with the second installment soon to follow.

Previous Conference Coverage:
Happy 4/20! – Day 1 Floor Report – Day 2 Recap – Day 3 Recap
Activist Awards Feat. Ziggy Marley – Honoring a Life of Activism: Ben Masel

Subscribe to NORMLtv or follow us on twitter to stay informed on the latest updates.

Obama Administration Steps Up Its Rhetoric In Medical Marijuana States

The Obama administration’s position on medical marijuana, circa 2009 (via the Ogden memo to all United States attorneys):

“The prosecution of significant traffickers of illegal drugs, including marijuana, and the disruption of illegal drug manufacturing and trafficking networks continues to be a core priority in the Department’s efforts against narcotics and dangerous drugs, and the Department’s investigative and prosecutorial resources should be directed towards these objectives. As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.”

The Obama administration’s position on medical marijuana, circa 2011 (via the May 2, 2011 letter sent from the office of the United States Attorney, District of Arizona, to the Arizona Department of Health Services re: the implementation of the voter-approved Medical Marijuana Program):

“The United States Attorneys Office … will vigorously prosecute individuals and organizations that participate in the unlawful manufacturing, distribution and marketing activity involving marijuana, even if such activities are permitted under state law.”

A lot can change in two years — including the administration’s attitude toward the state-authorized use and distribution of cannabis for medical purposes.

In April, NORML blogged about the U.S. Department of Justice, particularly U.S. Attorneys Jenny Durkan of Seattle and Michael Ormsby of Spokane, threatening “civil and criminal legal remedies” (read: sanctions) against Washington state citizens, including state employees, who assist with or engage in the production or distribution of medical cannabis, “even if such activities are permitted under state law.” The U.S. Attorneys’ threats came in response to an inquiry from Gov. Chris Gregoire, a Democrat, who most likely was seeking ‘political cover’ so that she could publicly ‘justify’ her veto of legislation (SB 5073) that sought to license and regulate the dispensing of medical cannabis to qualified persons, and would have enacted additional legal protections for patients who voluntarily participated in a statewide registry. The threats worked; Gov. Gregoire cited them in her veto statement Friday.

In fact, the threats worked so well, that in recent days U.S. Attorneys in other states with active medical marijuana programs have begun issuing similar menacing statements.

Last week in Colorado, where state regulators have licensed over 800 state-licensed medical cannabis dispensaries, U.S. Attorney John Walsh sent a letter to the state’s Attorney General alleging that the federal Justice Department will “vigorously” prosecute individuals or organizations engaged in “unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law.” A spokesman for Walsh’s office adds, “In the eye of the federal government, there’s only one type of marijuana. And marijuana is a Schedule I controlled [federally prohibited] substance.”

Arizona U.S. Attorney Dennis Burke fired off a similarly worded letter this week to Will Humble, the director of the state Department of Health Services, which is overseeing the implementation of Proposition 203. Under the law, which was approved by voters last fall and was enacted on April 15, the state must register qualified patients who have a doctor’s recommendation for cannabis and also license dispensaries to provide it to them. However, according to Burke, said dispensaries that are compliant with the state’s law will “not [be] protect[ed] from [federal] criminal prosecution, asset forfeiture, and other civil penalties.”

Finally, in Rhode Island, Gov. Lincoln Chafee announced this week that he is suspending the state’s nascent medical marijuana distribution program, set to begin this June. In March, the representatives from the Rhode Island Department of Health selected three applicants to operate the state’s first-ever, government licensed medical cannabis dispensaries. (The dispensaries program was initially approved by lawmakers in 2009, but the winning applicants were not decided upon until two years later.) Predictably, Chafee’s abrupt change of heart came after receiving a hand-delivered letter from U.S. Attorney Peter F. Neronha Friday threatening to prosecute civilly and/or criminally those involved in the dispensary program.

So what’s the impetus for the Obama administration’s sudden decision to play rhetorical hard ball? NORML Outreach Coordinator and podcaster Russ Belville speculates:

“Mr. Obama’s … true intention is to stifle the development of any viable legal cannabis distribution industry. By sending threat letters to Rhode Island and Arizona, states that have created clear and unambiguous laws for medical cannabis providers to follow, it is obvious that Mr. Obama isn’t opposed to medical cannabis, per se, but terribly opposed to medical cannabusiness.

Belville adds: “If (medical cannabusiness) establish (themselves), people will become accustomed to safe, secure, well-run businesses that deliver consistent, reliable, tested cannabis products. They’ll appreciate the way these places revitalize sagging economies, provide jobs, and contribute taxes to budget-starved localities. They’ll realize all the scaremongering by the government about what would happen if marijuana was legal, even for sick people, was hysterical propaganda. [And] they’ll begin to wonder why we don’t just legalize cannabis for everyone, create more jobs, raise more revenue, and use these established businesses as the distribution points.”

Now Available: NORML Legal Guide For Medical Marijuana Laws in California

Despite legal protections for qualified medical patients who possess a physician’s recommendation for cannabis being the law in fifteen states and the District of Columbia since 1996, there is still a tremendous gray area in the law for patients, physicians, lawyers and providers.

In response, NORML Foundation has just published a new book entitled ‘Medical Marijuana Law in California’, researched and written by NORML Legal Committee lawyers from Ventura, James Devine and Jay Leiderman.

While the name of this new legal guide implies exclusivity to California, the reality is that the legal information found in the guide is applicable to the other fourteen states and the District of Columbia that now have legal protections for qualified patients who’ve received a physician’s recommendation to posses and use medical cannabis. California’s patients and ‘cannabusinesses’ were the first in the country, starting in 1996, to legally vet most of the legal/public health concerns regarding medical cannabis (i.e., If a passenger in a car has medical cannabis on his person, is the driver liable for ‘drug transportation?‘ or ‘Can I fail a drug screen at work because I’m a state-approved medical cannabis patient?‘, ‘Can I be a medical cannabis patient and still own a gun?’, etc….).

No personal or legal library that focuses on cannabis is complete without this new book from the NORML Foundation.

If you’re a patient, cultivator, provider, physician, investor, policymaker or member of the media, the 2011 NORML ‘Medical Marijuana Law in California’ is a great and affordable source of up-to-date legal information about the current state of California’s medical marijuana laws.

Topics include:

-Who can use medical marijuana and how much can they possess?

-Medical marijuana in the workplace

-Driver’s Licenses

-Paraphernalia

-Collectives

-Immigration

-Guns

-Probation and Parole concerns

-Concentrated cannabis products like hash, oils and ‘medibles’

-Numerous other legalisms and case studies regarding medical marijuana

*Single copies of the 170-page legal guide retail for $15 (two copies for $25) and are now available online here.

**Bulk copies are available for bookstores, medical cannabis dispensaries, lawyers, physicians and organizations by emailing an inquiry to legal@norml.org, or, by calling 202-483-5500.

Thanks for supporting cannabis law reforms, as well as supporting America’s oldest and largest public interest organization that lobbies, litigates and educates on all matters marijuana-related: NORML!

NORML’s Weekly Legislative Round Up

For a listing of all of the pending marijuana law reform proposals that NORML is tracking, please visit NORML’s ‘Take Action Center’ here. (For a map of pending legislation, please visit here.)

Hawaii: House and Senate lawmakers could not come to agreement on Senate Bill 1458 before Friday’s legislative deadline, killing the measure for this year. As amended, the measure sought to restrict patients’ access to medical marijuana and would have imposed an exorbitant tax on the sale of medical cannabis via a single, state-licensed dispensary. As a result, NORML and our local allies The Drug Policy Forum of Hawaii had withdrawn its support for the measure. NORML and DPFHI will continue to partner in our efforts to work with legislators to enact sensible marijuana law reform in 2012.

Maine: Members of the Joint Standing Committee on Criminal Justice and Public Safety will hear public testimony on Tuesday, May 10, in support of LD 1453, which seeks to regulate the commercial production and distribution of marijuana for adults over 21 years of age. You can support this effort via NORML’s ‘Take Action Center’ here, and you can watch a recent press conference in support of the measure here.

Montana: On Friday, April 29, Gov. Brian Schwietzer announced that he intends to allow SB 423 to become law absent his signature. Senate Bill 423 repeals the state’s six-year-old medical marijuana law on July 1, 2011 and replaces it with entirely new provisions created by the legislature. The stated intent of this measure is to reduce the number of state-licensed medical cannabis patients from an estimated 28,000 today to less than 2,000.

Among the most serious changes in law:

* Chronic pain patients will face more stringent requirements to qualify under the law, and in some cases may require a recommendation from two separate physicians;

* Patients found guilty of marijuana DUI will have their medical marijuana privileges revoked; Advising physicians will be reported to the Board of Medical Examiners if they recommend for more than 25 patients per year.

* Physician will be responsible for the costs of this investigation;

*Caregivers may accept no monetary compensation for providing cannabis to qualified patients.

A full summary of SB 423’s provisions is available here.

Montana NORML is still encouraging advocates to pressure the Governor to change his mind and veto SB 423. You can contact the Governor’s office and leave a message at: 406-444-3111. Montana NORML is also contemplating the possibility of taking legal action and/or initiating a citizens’ referendum to delay or block the implementation of this law. For more information on these efforts, please contact Montana NORML here (or on Facebook here or contact Patients and Families United here.

Washington: Democrat Gov. Chris Gregoire on Friday vetoed sections of Senate Bill 5073, which sought to license and regulate the dispensing of medical cannabis to qualified persons, and would have enacted additional legal protections for patients who voluntarily participated in a statewide registry. In her veto statement, Gov. Gregoire alleged that the licensing and registry provisions “would open public employees to federal prosecution.”

Governor Gregoire did sign into law provisions in the measure reaffirming that qualified patients and their caregivers possess an ‘affirmative defense’ against state prosecution (Section 402 and 406). She also codified provisions of the measure that extend legal protections to patients or caregivers who participate in a ‘collective garden.’ A summary of the sections of SB 5073 that were approved, as well as a summary of sections that were vetoed, is available here and here. Additional information is available from the Washington state chapter of the American Civil Liberties Union (ACLU) here or via Washington NORML here.