Since its founding, NORML has advocated that statewide legalization efforts – whether through a ballot initiative or using the legislative process – should ideally include provisions that permit and protect the act of home cultivation by marijuana consumers. This advocacy has resulted in more than 16 states now allowing home cultivation, including in six of the eight voter-initiated measures passed in 2016.
But although there has been a tremendous amount of progress on this issue, it appears that home cultivation is now at risk in several municipalities across Colorado and California. Local and state lawmakers in both jurisdictions are revisiting the issue and are moving toward unnecessarily limiting adult’s home cultivation rights.
Most recently, representatives with Denver’s Office of Marijuana Policy revealed a plan to, “limit unlicensed recreational and medical grows in private residences,” throughout the city of Denver. This decision came after months of closed-door meetings between regulators and leading marijuana industry interests such as the Marijuana Industry Group (MIG); which together, form what’s being called the, “Non-Licensed Marijuana Grows Inspection Team.”
Although there has been little to no mention of specific details regarding this proposed program, many are anticipating the new regulations to resemble those that have come under fire in Indian Wells, California. In that city, lawmakers are pushing for regulations mandating that anyone who wishes to cultivate marijuana in their home must purchase an annual permit and must also allow inspectors into their residence. This amounts to an absolutely unnecessary burden for responsible, law-abiding citizens.
In recent days, Denver NORML became inundated with emails, messages and comments on social media demanding a response to what many believe is a blatant overreach by city government officials. In response, members of Denver NORML, led by Executive Director, Jordan Person, began mobilizing volunteers to contact members of the Denver City Council with the goal of defending the rights and privacy of marijuana consumers in the city of Denver.
“With all of the uncertainty we are expecting in 2017 at both the local and state level our goal at Denver NORML is to help maintain our rights as residents of Colorado to grow in our homes,” said Person. “We will keep our members and supporters informed and part of the conversation as it happens.”
While it’s obvious that there’s a tremendous amount of work that goes into regulating Colorado’s legal marijuana industry, most marijuana consumers would never support any effort that would attempt to bring similar regulations into the privacy of their homes. Not to mention the fact that the creation of a task force or any other bureaucratic process to approve and/or oversee the cultivation of marijuana in a private residence amounts to a severe misuse of tax dollars and violation of privacy when those limited resources could be dedicated to combating actual problems in our communities.
Without providing any data points related to the correlation between home cultivation and out-of-state diversion, those advocating for tighter regulations deserve to fail in their attempt to convince marijuana consumers that allowing regular visits from government officials in their homes is a good idea. Adults who brew their own beer are not subject to inspections by the state and neither should those who choose to grow personal use quantities of marijuana. Furthermore, criminalizing the personal cultivation of marijuana is an arbitrary prohibition that has absolutely no basis in public safety. Therefore NORML will continue to support the right of individuals to grow their own marijuana as an alternative to purchasing it from licensed commercial producers.
To join the fight to protect home cultivation, check out NORML’s action page by visiting http://norml.org/act or for more information, please email Chapters@NORML.org.
As an American citizen, it is easy to become cynical about citizen participation in democracy. Even the most basic form of participation, voting, can be difficult in the United States. Unlike most nations, who hold elections on a holiday or have mandatory voting requirements, the US holds elections on Tuesdays. When many people cannot vote, whether for time reasons or restrictive state laws, it is a struggle, for those of us enthused about participating in democracy, to watch less than 60 percent of the electorate turnout for a presidential election. One of the proposed reasons for the problem is a lack of voter efficacy. Voters don’t feel as if their voice is being heard. But stories of voters successfully influencing lawmakers are common, if not always reported.
Recently, House Republicans revealed a plan to gut the independent Office of Congressional Ethics (OCE). The new body proposed by the GOP would have been a blow to anyone in support of governmental transparency. Unable to report its findings to the public, the proposed Office of Congressional Complaint Review would have even further clouded general understanding of what occurs behind closed doors in the legislative branch. However, congressional offices were subsequently flooded with calls and messages from angry constituents. Less than 24 hours later, the GOP changed course and backpedaled. After tremendous public pressure, the government radically changed its course in a short span of time.
Simply making a phone call, sending an email or Facebook message to a representative, or retweeting a congress member’s phone number (which occurred thousands of times because of the ethics committee plan) can make a difference on the national level. However, many success stories about citizen participation can be found among the lower levels of the federal system. State and local governments are, at least in theory, designed to be more supportive of and responsive to individual citizens. Examples to support this theory is strong. States are known as “laboratories of democracy” and are often ahead of the federal government in terms of cutting edge policy.
One only has to look at success stories like gay marriage or marijuana legislation in several states to see the effect of citizen participation on policy outcomes. We can see with both cases that state policy often follows national public opinion trends. When the tipping point came in regards to gay marriage, it was state judges and lawmakers that first instituted protections for the LGBTQ community. Organizations like Freedom to Marry and the American Civil Liberties Union penned action alerts to their members day after day pleading with them to contact their state representatives. And when the people spoke, politicians listened, and change happened.
Marijuana legislation is following a similar path with organizations including NORML are creating a similar avalanche effect of states legalizing that will ultimately culminate in national legalization if sustained.
To speed up the process one only has to get involved. It is easy to sit back and watch while progress occurs, but it is rewarding to be a part of such a movement. Emailing, calling, and having meetings with your representatives in a constructive way is simple and effective to push change.
If the government is doing something that we as a citizenry do not approve of, we have the right to be heard. Although the mechanisms of government are far from perfect, it our duty as a dedicated and informed public is to try the best we can, in every way we can.
Sign up for our email list to get our action alerts, keep checking the NORML action page for federal legislation and in your home state at http://norml.org/act, talk to your friends and neighbors about getting involved, join a NORML chapter or start your own at http://norml.org/chapters, and never, ever, stop fighting.
For marijuana activists in states with legal marijuana, the strategy quickly moves from legalization to normalization, but for some communities like Ferndale, California, the stigma remains. For months, organizers of the Humboldt County Cup and the Ferndale Police Department have gone back and forth over the decision to host their event at the Humboldt County Fairgrounds. Citing past complaints from the community and concerns about the reggae music that was to be played during the event, local law enforcement never specified what laws, if any, would be violated.
“Smith-Caggiano — who is the executive director of the Humboldt County chapter of the National Organization for the Reform of Marijuana Laws — said the Ferndale Police Department never cited any legal codes to back up their concerns despite requests for them to do so.”
Regardless of receiving approval from the Humboldt County Fair Association, Mr. Smith-Caggiano was ultimately forced by the Ferndale Police Department to move the event location to the Mateel Community Center, located at 59 Rusk Lane, Redway, California 95560.
JUST IN: Sessions Evades Firm Answer on State Marijuana Laws, Leaves Door Open for Federal EnforcementJanuary 10, 2017
During his confirmation for the position of Attorney General, Senator Jeff Sessions failed to give a straight answer with regard to how the Justice Department should respond to states that have legalized marijuana for medical or recreational use.
The Alabama Senator was questioned by both Sens. Leahy (D-VT) and Lee (R-UT) with respect to whether the principles of federalism ought to apply to state marijuana laws.
Senator Leahy: “Would you use our federal resources to investigate and prosecute sick people using marijuana in accordance with state law even though it might violate federal law?”
Senator Sessions: “I won’t commit to never enforcing federal law, Senator Leahy, but absolutely it is a problem of resources for the federal government. The Department of Justice under Lynch and Holder set forth some policies that they thought were appropriate to define what cases should be prosecuted in states that have legalized, at least in some fashion marijuana, some parts of marijuana.”
Senator Leahy: “Do you agree with those guidelines?”
Senator Sessions: “I think some of them are truly valuable in evaluating cases, but fundamentally the criticism I think that is legitimate is that they may not have been followed. Using good judgment on how to handle these cases will be a responsibility of mine I know it wont be an easy decision but i will try to do my duty in a fair and just way.”
Senator Leahy: “The reason I mention this, is because you have some very strong views, you even mandated the death penalty for second offense on drug trafficking, including marijuana, even though mandatory death penalties are of course unconstitutional.”
Senator Sessions: “Well I’m not sure under what circumstances i said that, but I don’t think…”
Senator Leahy: “Would you say it‘s not your view today?”
Senator Sessions: “(laughs) It is not my view today.”
Senator Mike Lee (R-UT) followed up with questions regarding how marijuana policy factors into federalism and asked if the way the Obama Administration has handled marijuana laws created any issues with separation of powers and states rights. Sessions replied that, “One obvious concern is the United States Congress has made the possession in every state and distribution an illegal act. If that’s something that’s not desired any longer Congress should pass a law to change the rule, it is not the Attorney General’s job to decide what laws to enforce.”
So, after finally being put on the spot and questioned on the issue, we are no closer to clarity in regards to Sessions plans for how to treat state marijuana laws than we were yesterday. If anything, his comments are a cause for concern and can be interpreted as leaving the door open for enforcing federal law in legalized states. If Sessions wants to be an Attorney General for ALL Americans, he must bring his views in line with the majority of the population and support allowing states to set their own marijuana policies without fear of federal intervention.
Clearly, the battle is just beginning to protect state legalization and medical marijuana laws. Can you contribute today to help us keep up our federal political actions and advance our efforts for state-level law reform?
GOP lawmakers in Wisconsin have a track record of opposing efforts to reform marijuana laws in the Badger State, but a recent comment from Assembly Speaker Robin Vos has some marijuana advocates hopeful for progress during the 2017 legislative session.
“If you get a prescription to use an opiate or you get a prescription to use marijuana, to me I think that’s the same thing,” Vos said, a surprising position after years of GOP opposition to legalizing any form of marijuana. “I would be open to that.”
Of course this came as a surprise to many, especially after Senate Majority Leader Scott Fitzgerald and Governor Scott Walker have both repeatedly stated that they will continue to oppose any effort to advance the issue in the state of Wisconsin. Regardless of the lack of support from GOP leadership, Sen. Van Wanggaard is expected to sponsor legislation that would make it legal to possess cannibidiol (CBD) – the marijuana extract known for treating seizures associated with epilepsy – during the upcoming legislative session.