Loading

NORML’s Weekly Legislative Round Up

  • by Paul Armentano, NORML Deputy Director April 16, 2012

    Marijuana law reform legislation still remains pending in several this 2012 legislative session. Is your state among them? Find out here.

    More importantly, have you taken the time to call or write your state elected officials this year and urged them to support these pending reforms? If not, NORML has provided you with all of the tools to do so via our capwiz ‘Take Action Center’ here. (FYI: NORML’s capwiz page is specific to legislation only, not ballot initiative efforts. A summary pending 2012 ballot initiative campaigns may be found at NORML’s Legalize It 2012 page on Facebook here or on the NORML blog here.)

    Below is this week’s edition of NORML’s Weekly Legislative Round Up — where we spotlight specific examples of pending marijuana law reform legislation from around the country.

    ** A note to first time readers: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so. NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and to make the changes they want to see. Get active; get NORML!

    California: Longtime NORML ally Mark Leno is sponsoring legislation, Senate Bill 1182, that seeks to clarify how medical marijuana dispensaries may legally operate under state law. As introduced, SB 1182 seeks to bar from state prosecution those establishments that operate within the state Attorney General’s 2008 written guidelines for the ‘lawful operation of cooperative or a collective’.
    The measure also “exempts those entities and persons from criminal prosecution or punishment solely on the basis of the fact that they receive compensation for actual expenses incurred in carrying out activities that are in compliance with those guidelines.” California NORML strongly supports SB 1182, as it would substantially eliminate confusion over the legality of the state’s several hundred dispensaries. You can learn more about the measure here.

    Maryland: As anticipated, a series of bills that sought to allow for the physician-supervised use of medical marijuana once again stalled in the Maryland legislature. On a more positive note, however, lawmakers did take action this session to reform the way minor marijuana possession cases are prosecuted and defendants are sentenced. Specifically, lawmakers passed legislation that lowers the penalty for possession of 10 grams or less of marijuana from up to a year in jail and a $1,000 fine to up to 90 days in jail and a $500 fine. Legislators also passed a separate measure that provides police the discretion to cite, rather than arrest, minor marijuana offenders. Both measures await the signature of democrat Gov. Martin O’Malley.

    Massachusetts: State lawmakers on Wednesday, April 11, delayed action on several bills that sought to allow for the limited use of marijuana therapy. By failing to take action on any of these measures, lawmakers all but assured that a binding ballot question on the topic will go before voters this November. According to the statehouse news report: “Rep. Jeffrey Sanchez, co-chair of the committee, told the News Service after [the] hearing … that his committee is ‘not working on anything’ that would stop the planned ballot question. The Legislature has until May 1 to either pass the initiative, draft its own version of legislation, or refrain from acting on it and allow the process to continue toward the November ballot.” (You can read a full summary of the hearings and initiative effort here.)

    In previous elections, Massachusetts voters have overwhelmingly supported non-binding public policy questions regarding the legalization of medical marijuana. Further information on Massachusetts statewide reform efforts is available from NORML’s statewide affiliate Mass/Cann NORML here.

    New Hampshire: House lawmakers in March passed marijuana decriminalization legislation. Senate lawmakers are considering doing likewise this week. On Thursday, April 19, members of the Senate Judiciary Committee will hear testimony in support of House Bill 1526, which amends penalties for possession of marijuana (up to one-half ounce) from a criminal misdemeanor punishable (by up to one year in jail and a $2,000 fine) to a civil infraction, punishable by a maximum fine of $250 and no criminal record. Click here to contact your state Senator regarding this proposal.

    Separate legislation (Senate Bill 409), which allows for the possession and cultivation of cannabis for therapeutic purposes, has passed the Senate and remains pending in the House. You can track this legislation here or by contacting NH Compassion here.

    Tennessee: Tennessee’s Safe Access to Medical Cannabis Act (House Bill 294/Senate Bill 251) will receive a final hearing on Tuesday, April 17th. This will be the final opportunity for advocates to publicly show lawmakers their support for marijuana law reform during the 2012 legislative session. The hearing will take place at a special meeting of the Senate Health Committee at 9:00am. More information on this proposal and NORML’s ongoing lobbying efforts in Tennessee is available here.

    31 Responses to “NORML’s Weekly Legislative Round Up”

    1. Brian says:

      The Tennessee bill has already been proclaimed dead here in Tennessee. That’s about all the news coverage it gets.

      [Paul Armentano responds: Tennessee's Safe Access to Medical Cannabis Act has made significant progress this session, having passed out of multiple committees following several high profile hearings. The measure has also received unprecedented mainstream media attention, virtually all of it favorable. Tomorrow's hearing will be the final hearing for this session, as the Senate is in recess. However, a strong show of support before the Committee will lay the groundwork for what we hope will be a successful bid in 2013.

      Speaking on this year's progress, House sponsor Rep. Jeanne Richardson (D-Memphis) said: "My colleagues, if it weren't for political considerations, would pass this. Enough of them have come and talked to me privately and admit that this is a good, compassionate bill. They are scared it will hurt them in their re-elections." That is why it is so important that you (and your like-minded colleagues) personally to contact your state elected officials and make it clear to them that their constituents stand firmly in support of allowing for the medical use of marijuana.]

    2. Chadwick says:

      Wow California, what an ass-backwards and evasive approach to dealing with medical marijuana regulation. As the legislature, you need to actually implement a system, not just affirm a set of guidelines that were made.

      Although the guidelines provided an aura of clarity in 2008, the legislature would be depriving itself of its ability to establish sensible regulations by opting for an affirmation of these guidelines in lieu of a licensing/permit model (liberally construed). Governmental regulation does not need to be harsh, nor does it have to be non-existent. However, the lack of statewide regulation, coupled with political fear, has obviously led many municipalities to enact a prohibition on the store-front model. Inb contrast to SB 1182, AB 2312 (Ammiano’s verison of the MMRCA) would be a far more effective tool to protect patients and collectives, by ensuring that the industry has some form of commercial regulation. Regulation, or at the very least the lack of governmental intervention via the criminal justice system, could lead to that price drop that seriously ill patients have been waiting for since the implementation of the MMP.

      But to play devil’s advocate — if this legislation were adopted as it is currently drafted, such legislation, coupled with recent court rulings, could ensure the proliferation of MMJ regardless of attempted local prohibitions to the contrary. It could even drop prices substantially as a byproduct of such proliferation. But without adding arrest/seizure protections, state and local governments will still have the ability to raid dispensaries, and destroy their plants and medicine in the process of evidence collection. Patients will still be arrested/cited, and their medicine confiscated — that is, of course, unless they go through the legal process in order to recover their medication and fight the charge, or unless they live in a city that requires law enforcement to attempt to verify a recommendation prior to arrest/citation. Without a few more tweaks, this is more of the same on the state level…

      While I love the positive news coming from Sacramento, this legislation, by in large, does very little to combat the overall problems that the industry currently faces in 2012.

      So looking ahead here on the roadmap…. MMRCTA 2014? Or perhaps RCP 2014?

    3. Ha ! So you think Cannabis is harmless . It is a dangerous drug . Just look what it does to your lungs in this scientific study .
      http://www.liveleak.com/view?i=f03_1297347978

    4. Vicki says:

      Oklahoma has been sitting on a bill that they will not even look at for about a year.

    5. Mike says:

      Dalton, You my good sir are a fucking idiot!!! If that is your best “scientific study” Then you must get ripped off all the time, because you will believe anything.

    6. Brian says:

      I know Paul, I have followed the bill. I have sent out 5 letters and only got 1 blow off letter back from Gov. Haslam. Seems they were busy with bills allowing creationism in school science and their bills about Abstinence as Sex Ed. Is the Knoxville Norml Chapter still going? Thats the closest chapter to me. If a bill comes back up, it might need some advertising in print and such to get some mainstream word out.

    7. Katrina says:

      What about Kentucky? Kentucky has the Gatewood Galbraith Medical Marijuana Act 2012 up for a vote, don’t we?

      [Paul Armentano responds: No. The measure died in Committee because the Chair failed to take any action on it: http://capwiz.com/norml2/issues/alert/?alertid=61160431.

    8. phrtao says:

      ^^^Dalton Allison – great that you are so concerned about people’s lungs but you don’t have to smoke it! Many dispensaries offer food stuffs and oils as a means of taking the medicine. Legalizing it would make these products more common and enable people to stop smoking (for pleasure or pain relief)

    9. If you live in Connecticut and want to end marijuana prohibition in our state, please take a minute to visit http://www.ctprimaryproject.com.

      Please pass this on to anyone you know in Connecticut!

    10. Galileo Galilei says:

      @Dalton Allison

      Ha! So vaporize. End of story.

    11. Galileo Galilei says:

      It’s interesting see that in Maryland more progress was made on recreational marijuana than on medical marijuana.

      This suggests motivation from limited funds for prosecution and lobbying by big pharma. I wonder if this simple conclusion could be true.

    12. Dan says:

      To anybody flaming on Dalton, watch the whole video he posted, it’s not what you expected. Pretty funny actually lol. He’s just kidding around clearly

    13. hogdog says:

      hey Dalton Allison Do you smoke tobacco or consume alcohol if u do then u consume the most dangerous legal drugs Alcohol and tobacco kill more people than marijuana ever has or will

    14. [...] NORML’s Weekly Legislative Round Up Marijuana law reform legislation still remains pending in several this 2012 legislative session. Is your state among them? Find out here. More importantly, have you taken the time to call or write your state elected officials this year and urged them to support these pending reforms? If not, NORML has provided you with all of the tools to do so via our capwiz ‘Take Action Center’ here. (FYI: NORML’s capwiz page is specific to legislation only, not ballot initiative efforts. A summary pending 2012 ballot initiative campaigns may be found [...] [...]

    15. True American says:

      Off topic here:

      I have to say Paul that Ive just received your new book ” Driving people to drink” its a page turner. Over the years we have taken very different stances on the “Medical Marijuana Movement” but I have to admit otherwise we have pretty similar views.

      Keep plugging away. I am sure within 10 years marijuana will assume its rightful place in our culture…Your last obsticle “BIG PHARM COMPANIES” True they have always been there but working in the shadows of proabition – now with their plans to profit from the plant they have so long opposed; well lets just say that a much easier conversation to win.

      Good luck…Great Book
      True American…

    16. Hey !!! Look at the video in it’s entirety . Watch it until the end then you’ll understand it was just a joke .

    17. Steve says:

      Here is a link to what Maryland has done during its 2012 session (See section E-1 & E-6): http://mlis.state.md.us/2012rs/90-Day-report/The90DayReport.pdf

      When taken together, it appears Maryland has de facto decriminalized up to 10 grams.

      The penalty is up to 90 days, but the legislation requires that any jail time is “stayed”. Also, police are REQUIRED to write a citation for marijuana starting Jan. 2013.

      I have pasted the 2 relevant sections below:

      Section E-1
      1.Criminal Law
      Drug Crimes
      Possession of a DeMinimis Quantity of Marijuana

      Senate Bill 214/House Bill 350 (both passed) establish reduced maximum penalties of
      90 days incarceration and/or a $500 fine for possession of less than 10 grams of marijuana and
      prohibit the use or possession of less than 10 grams of marijuana from being considered a lesser
      included crime of any other crime unless specifically charged by the State. In addition, a court is
      required to stay a sentence, without requiring an appeal bond, after a conviction for possession of
      less than 10 grams of marijuana, if the sentence includes an unserved, nonsuspended period of
      imprisonment.

      Section E-6
      2. After extensive deliberations, bills were passed to override DeWolfe v. Richmond and
      make several changes to the arrest and initial appearance process. Senate Bill 422/House
      Bill 261 (both passed):

      require a police officer to charge by citation for a misdemeanor or local ordinance
      violation that does not carry a penalty of imprisonment or for which the maximum
      penalty of imprisonment is 90 days or less (with specified exceptions), or possession of
      marijuana, if certain conditions are met, beginning January 1, 2013;

    18. joe says:

      Weed should be legalized! I smoke everyday and it does norlt affect my status in life! I go to work everyday and am successful at my job…im a conductive member of society!

    19. joe says:

      I have several issues with my back and smokin pot helps tremendously with my back pain! Only if maryland would pass a medical weed law…id rather be able to smoke pot than take pain pills! I do most of my work in d.c….maybe ill have to stop in at normls headquarters and volunteer my services!

    20. Psu says:

      I wish my good friend Bill Shuster would introduce decriminalization as a ballot measure in PA. Just a chance to vote on decrim in PA would be worth any amount he would accept as a bribe for any who lives under our laws. 30 days in county is enough incentive not to smoke.

    21. colleen says:

      We need everyones help I am trying to get a petition start for the state of georgia for industrial. I needs some experts to tell the best way. Three president’s try to get marijuana decrimilized Carter, kennedy, and ford. I guess that where the only ones with common sense. This is a plant that comes from the earth.

    22. Psu says:

      Vote against Bill Shuster if you live in PA and don’t see marijuana law reform introduced in here. It is time to stop bitching and complaining and start singling out candidates by using the powers of simple internet blogs like this one and getting raging pissed and sending them emails demanding they change the laws or at least introduce better ones. Shuster is PA’s rep for the 9th district in which i live. I urge the 17th district to pressure Tim Holden. Also, if you live in Philly, make sure you send angry emails to Pat Toomey demanding decrim of up to 10 grams like in Maryland but with no jail time. Its time we take back PA.

    23. Psu says:

      just dont smoke cartel weed today. ppl are being beheaded by mexican drug cartels in the streets still

    24. Psu says:

      Colleen, a college campus is a great way to gather sympathetic students from around the area to rally for your cause. I suggest setting up a sign and just collecting signatures. Write up a simple decrim measure modeled after other states. Im not sure what the process is down there, but im sure there’s some way to introduce ballot measures and it does vary state to state. Google should provide you with a good starting point finding those answers. Just search ballot measures or maybe search your representatives and email them about it.

    25. Psu says:

      some states do not have ballot measures by the way, or like in Pa, we have to do it through request by a constituent

    26. Juggy says:

      What’s up with Illinois?

    27. Psu says:

      no ballot measures in illinois unless some or part of the legislature votes to introduce the question at the polls. Thats what all that garb means. Just keep on your elected officials or at least know who they are

    28. Psu says:

      How to enact decriminalization by organizing at the local level:

      Requirements:

      You have to be a college student to use this effectively.

      Use your dorm residence as an address to register to vote.

      Register as a libertarian if you’re a Republican. “Real Republicans” (social conservatives) hate stoners. Social liberals, which many republicans are not, come from states where the GOP hates medical. Green Party works too. :)

      Convince as many of your friends to vote as well. Remind them that if u don’t vote, you don’t have a voice. Also Remind them to Register independant. Very important.

    29. Lori Ann says:

      People over the age of 21 still being told what they can and can not do. It is a shame. Tennessee needs to come out of the dark ages. They are just throwing away money by keeping cannabis/marijuana illegal . Guess the state does not need the money. All they are doing by keeping it illegal is ruining families life’s.

    Leave a Reply