NORML’s Legislative Round Up January 29th, 2016
Exciting news from across the country with NEW legislation being introduced and promising legislation moving forward! This week we highlight Arizona, Florida, Hawaii, Kansas, Maryland, New
Mexico, New Orleans, and Vermont. Plus our lawmakers in Congress and lawmakers in Puerto Rico took action this week too! Keep reading below to get the latest in marijuana law reform.
Puerto Rico: Health Department officials have signed off on regulations overseeing the licensed production and distribution of medical cannabis within the US territory. The new program is anticipated to be operational by year’s end.
Puerto Rico Gov. Alejandro J. Garcia Padilla signed an executive order in May calling on health officials to adopt regulations permitting medical cannabis production and access. Under the new plan, patients who possess a physician’s authorization will be able to obtain cannabis-infused products, such as oils and pills, from state-licensed facilities.
Patients will not be permitted to cultivate their own marijuana and herbal formulations of medical cannabis will not be permitted.
Federal: On Wednesday, a bipartisan group of lawmakers signed on to a letter addressed to the Veteran’s Administration (VA) requesting a policy change be made to allow veterans to access medical marijuana.
Current law prevents VA doctors from recommending medical marijuana to patients, even in states where it is legal for qualified patients to possess it. Senators Gillibrand (D-NY), Daines (R-MT), Merkley (D-OR), and Reps. Blumenauer (D-OR), Rohrabacher (R-CA) and Titus (D-NV) are leading the efforts in reforming this nonsensical policy. If these Senators and Representatives are from your state, consider giving their office a call and thanking them for their work on medical marijuana! You can find your lawmakers contact info here.
Arizona: After a Republican lawmaker this week received hundreds of complaints, he withdrew his bill that aimed to restrict access to medical marijuana in the state.
The bill would have denied physicians practicing alternative medicine such as naturopathy and homeopathy the ability to recommend cannabis therapy.
California: Legislation that seeks to dissuade California cities and counties from enacting municipal restrictions on the cultivation and dispensing of medical marijuana has been approved lawmakers and awaits the Governor’s signature. Once signed into law, the bill will take immediate effect.
Assembly Bill 21 amends a drafting error in the The Medical Marijuana Regulation and Safety Act by removing an apparent March 1, 2016 deadline for localities to establish their own cultivation regulations or else forfeit that authority to the state. It also removes objectionable language authorizing local governments to prohibit patients from cultivating, storing, donating or processing marijuana for their own personal use.
In recent months, numerous California cities and counties have hastily enacted provisional bans on medical marijuana-related activities out of fear that the state would become to sole authority on the issue following the March 1 deadline. Passage of AB 21 states that localities retain the ability to regulate medical marijuana production and commerce in the manner that they see best. The hope is that localities will halt efforts to impose restrictions, and will reconsider existing moratoriums, now that it is clear that local lawmakers will continue to possess the authority to legislate the issue beyond March 1, 2016.
Further information on both pending and enacted local ordinances, as well as talking points to best address them, is available from California NORML here.
Florida: Floridians will decide on a proposed constitutional amendment this November that seeks to permit the physician-authorized use and distribution of cannabis for therapeutic purposes.
Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities.In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.
Hawaii: Legalization, decriminalization, and hemp measures are all pending in the Hawaii state legislature.
Senate Bill 873 amends the criminal code to remove criminal penalties specific to the possession and cultivation of marijuana for personal use by those age 21 or older. The measure is presently pending before the House Judiciary Committee.
Senate Bill 596 SD 1 reclassifies possession of less than one ounce of marijuana from a criminal misdemeanor, punishable by up to 30 days in jail and a $1,000 fine to a civil violation, punishable by a $100 fine only — no arrest and no criminal record.
Senate Bill 2787 encourages the state Department of Agriculture to license farmers to grow industrial hemp for “research and development purposes.”
To find more information on all of these measures, check out our #TakeAction Center here.
Kansas: Members of the Senate will take a floor vote on legislation, HB 2049, to amend various penalties and regulations specific to marijuana possession and use.
House Bill 2049 seeks to a) establish a statewide research program to oversee the production of industrial hemp, b) authorize the limited use of cannabidiol for therapeutic purposes, and c) reduce criminal penalties for first-time marijuana possession offenses from a Class A misdemeanor(punishable by up to one year incarceration and a $2,500 fine) to a Class B misdemeanor (punishable by no more than six months in jail and a $1,000 fine). Second convictions will no longer be classified as a felony offense. Members of the House approved the measure last year.
Maryland: Legislation NORML opposes is pending in the Maryland General Assembly. House Bill 183 and House Bill 334 both seek to recriminalize offenses involving the public use of small amounts of marijuana. While NORML is generally supportive of efforts to dissuade the use of marijuana in public or in a vehicle, these measures are both unnecessary and overly punitive.
Under present law, it is not permissible to consume marijuana in public view. Those who do so are subject to a civil violation punishable by a fine of up to $500.00.
New Mexico: New Mexico has both legalization and hemp measures pending.
House Bill 75 regulates and controls the commercial cultivation and retail sale of marijuana to adults over the age of 21. You can read the full text of this proposal here. Senate Joint Resolution 5 is pending action by the Senate Rules Committee.
For more information on these measures or to take action and contact your lawmakers urging their support for these measures click here.
Vermont: Members of the Senate Committee on Judiciary voted 4 to 1 on Friday, January 29, in favor of pending legislation to regulate the adult use, production, and sale of cannabis. NORML wishes to thank those of you who contacted the Committee and urged their support for this important and historic legislation.
Senate Bill 241 makes it legal for adults 21 years of age and older to possess up to one ounce of marijuana and regulates its commercial production and retail sale.
New Orleans: City Councilwoman Susan Guidry has proposed an ordinance change to treat minor marijuana possession offenses the same as minor traffic infractions. Under the proposal, officers would have the option of issuing verbal and written warnings before any penalties kick in. Subsequent offenses would be dealt with through fines that would be capped at $100.
At this time of the year it’s hard to keep up with all of the newly introduced and pending marijuana related bills. Even this week, it was impossible to include every piece of legislation that moved so if you think there was action in your state, be sure to visit our #TakeAction Center to see an update.
January 29, 2016