NORML’s Legislative Round Up March 18th, 2016
Federal: Congressman Jason Chaffetz (R-UT) introduced H.R. 4779, the CBD Oil Act of 2016 this week. This legislation would bar prosecution of individuals who use cannabidiol (CBD) oil for medical purposes as permitted by existing state law. Currently, 15 states have laws on the books to allow for the use of CBD products for medicinal purposes. Utah Governor Herbert has come out in support of the bill saying: “I support Rep. Chaffetz in his effort to alleviate the fear that many Utah families face over conflicting state and federal laws regarding cannabis oil. This legislation resolves that concern by respecting decisions made at the local level.”
This legislation joins five other pending bills on the federal level to to permit and/or protect patient access to CBD. You can find the other pending legislation here.
Alabama: Legislation is pending, House Bill 257, to amend state law so that first time offenders of one ounce or less of marijuana face a civil fine, no arrest and no criminal record. Current law defines the personal possession of marijuana as a Class A misdemeanor, punishable by up to a year in jail and a fine up of to $6,000.
The legislation is currently pending before the House Judiciary Committee. #TakeAction
Florida: Members of the Tampa city council voted 5 to 1 to amend local laws so that the possession of 20 grams or less of cannabis within city limits is a non-arrestable, fine-only offense. First-time offenders face a $75 fine, while multiple offenders could face fines up to $450. By contrast, Florida law defines similar possession offenses as a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine.
Tampa’s pending law is similar to those recently enacted in a number of Florida counties, including Miami-Dade, West Palm Beach, and Volusia, as well as in several other metropolitan areas, such as Philadelphia and Milwaukee.
Georgia: House lawmakers have resurrected language to expand the state’s medical cannabis law. Provisions previously contained in House Bill 722 have been attached to separate legislation, which is expected to be decided upon by a floor vote imminently. House lawmakers previously approved the measure last month, but Senate lawmakers were unwilling to take up the issue.
As amended, the language expands the pool of patients eligible for certain medical marijuana products to include autism spectrum disorder, AIDS, a skin disease known as epidermolysis bullosa, peripheral neuropathy, Tourette’s syndrome and post-traumatic stress disorder, and protects patients against various discriminatory practices. #TakeAction
Louisiana: Members of the New Orleans city council voted 7 to zero in favor of legislation permitting police to cite rather than arrest minor marijuana offenders (defined as those who possess 14 grams or less), including repeat offenders. First-time violators are subject to a $40 fine while subsequent offenders may face fines of up to $100. Under state law, first-time possession offenders are subject to arrest and criminal prosecution (punishable by up to 15 days in jail) while repeat offenders face up to eight years in prison.
Pennsylvania: After months of delay, House members approved legislation in a 149-3 vote on Wednesday to permit the production and use of medical marijuana products to qualified patients.The amended bill permits state officials to license marijuana cultivators and dispensaries to provide cannabis products to qualified patients who possess a recommendation from select physicians. The measure permits for the dispensing of herbal cannabis via vaporization, as well as the use of marijuana-infused extracts or oils.Because the House-amended legislation differs from the version initially approved by the Senate, the bill must be reapproved by the Senate or it will be negotiated in conference committee. #TakeAction
Tennessee: Legislation is pending, HB 2310 and SB2321, to place a referendum before voters this November that would provide local law enforcement the option of citing rather than arresting adults who are caught in possession of one ounce or less of marijuana. If the referendum is approved by voters, the option to arrest or cite minor offenders will be at the discretion of law enforcement.
An analysis of 2012 marijuana possession arrests reports that police annually arrest over 19,000 Tennesseans for minor marijuana possession offenses. This is the 15th highest statewide tally in the nation. House Bill 2310 has been scheduled to be heard by members of the House Criminal Justice Subcommittee on March 22nd. #TakeAction
Vermont: The House Judiciary Committee held it’s first walk-through this week related to S.241, the measure to regulate the adult use, production, and sale of cannabis. Though the Senate has approved the measure, it’s expected to be a difficult road to win the House over. If you live in Vermont it’s important to contact your lawmakers and urge their support for this measure! #TakeAction
March 18, 2016