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Advocacy

  • by Jeff Riedy, Executive Director, Lehigh Valley NORML April 10, 2018

    As a longtime Pennsylvanian, I have gotten used to the slow drudge of progress and the archaic mindset of our policymakers in this state. With that said, we did manage to pass a Medical Marijuana Law two years ago this month, though the law became a skeleton of its robust beginnings. Pennsylvania’s Medical Marijuana Act was enacted earlier this year, as the first facilities began growing, processing, and dispensing cannabis-derived products (oils, tinctures, topical, vapes, and pills). The program has seen many pitfalls in its infancy, including supply shortages, a lack of qualified doctors, and many other shortcomings yet to be addressed. But public response has been phenomenal, with nearly 30 thousand patients have registered in the program’s first few months.

    Recently the Department of Health (parent to our state’s Medical Marijuana Office), announced the second round of applications for permits for growers/processors and dispensaries. Our state also made a bold move and announced that it would be one of the first states to offer permits for clinical research of medical marijuana. As a crescendo to all of that, yesterday the PA-DOH MMJ Advisory Board convened two years after the program’s inception (as was written into the law) to make recommendations to the Department of Health, its committees, and the Governor. The formation of this committee was included in the law, to act as an independent voice to meet and make recommendations periodically, composed of doctors, law enforcement, government officials, and patients advocates.

    The Board’s recommendations included adding indications (to the 17 already in place), adjusting rules, and adding flower (to be vaped) as a form of medication. The addition of flower was our biggest ask of this committee. Yesterday’s proceedings were only a first step and are merely “recommendations”. The Secretary of Health has up to one year to act upon yesterday’s recommendations, and that will include the political bureaucracy of committees making recommendations as well as studying and implementing the necessary infrastructure to accommodate any of these changes in the law. This is FAR from being law, but Secretary of Health, Doctor Rachel Levine, has been a proponent of the program thus far, and we are hopeful for swift action in Harrisburg.

    What will this mean for Pennsylvania’s medical marijuana patients? The added indications will create a more inclusive program. The inclusion of flower to the program will provide added relief to many patients, including those with PTSD. Optimistically, this NORML Executive Director sees this as an even greater victory as it puts into place all of the instruments necessary to handle the eventual statewide LEGAL sale of recreational marijuana. Like any new idea, PA’s program has its’ faults but is growing faster than anticipated. I believe that these ongoing Advisory Board reviews are our best hope for a more perfect program for everybody. As an advocacy group, Lehigh Valley NORML will continue to push our politicians for more reform, until we get it right. In the end, we fight for the people – and the people want this reform. The patients need these reforms. And we DEMAND them!

    Jeff Riedy is the Executive Director of Lehigh Valley NORML. Follow their work on Facebook and Twitter.

  • by Carly Wolf, NORML Political Associate April 6, 2018

    Welcome to the latest edition of NORML’s Weekly Legislative Roundup!

    I first want to bring your attention to some key developments happening at the state level. Proponents of a 2018 medical cannabis ballot measure in Utah achieved a signature milestone last week, a representative from the Lt. Governor’s Office said that officials have already validated 117,000 signatures from registered voters — more than than the 113,000 necessary to qualify for the state ballot.

    Also at the state level, The New Jersey Division of Consumer Affairs announced plans to solicit public comment on how marijuana is classified under state law and whether any change in its classification status is warranted. The Division will solicit comments during a series of public events, known as “informal conferences,” in Newark and Trenton later this month. The Division also will accept written submissions.

    At a more local level, the Albuquerque, New Mexico City Council approved a proposal to decriminalize marijuana, Portland, Oregon is using $300,000 in marijuana tax revenue to fund a public education program about safe driving, and voters in Naturita and Berthoud, Colorado approved ballot measures allowing marijuana businesses to operate.

    Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

    Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

    Your highness,
    Carly

    Priority Alerts

    Federal

    End Prohibition: Representatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation, HR 1227, to exclude marijuana from the Controlled Substances Act, thus leaving states the authority to regulate the plant how best they see fit.

    The “Ending Federal Marijuana Prohibition Act of 2017” eliminates federal criminal penalties for possessing and growing the plant. This legislation gives states the power and flexibility to establish their own marijuana policies free from federal interference.

    Click here to e-mail your Representative and urge them to support this important legislation

    Connecticut

    House Bill 5394 is pending to develop a plan to legalize and regulate the retail sale of marijuana in the state and to provide for substance abuse treatment, prevention, education and awareness programs and measures.

    Update: HB 5394 was approved by the Joint Appropriations Committee by a 27-24 vote on 4/5. This marks the first time any committee in the state has ever approved an adult use legalization measure.

    CT resident? Click here to email your elected officials in support of legalization

    Missouri

    House Bill 1488 seeks to establish provisions regarding the legalization of marijuana as well as establish certain licensing requirements.

    Update: HB 1488 will be heard by the House General Law Committee on 4/10 at 5 PM or upon adjournment (whichever is later) in House Hearing Room 5.

    MO resident? Click here to email your elected officials in support of legalization

    New Hampshire

    Senate Bill 388 is pending, to expand the state’s medical cannabis program. It already passed the full Senate last month.

    The bill would authorize the Department of Health and Human Services to establish a second dispensary location in the geographic area that includes Carroll, Coos, and Grafton counties for therapeutic cannabis.

    Update: The House Health, Human Services and Elderly Affairs Committee will hold a public hearing on SB 388 on 4/11 at 11am in LOB room 206.

    NH resident? Click here to email your elected officials in support of medical expansion

    Tennessee

    SB 1710 and HB 1749 would permit qualified patients to possess marijuana-infused oil products, as well as other non-herbal forms of cannabis, from state-licensed dispensaries. Both patients and physicians would be required to participate in a state registry.

    Update: Senator Steve Dickerson, sponsor of SB 1710, killed the bill for this year due to the lack of support from the legislature, but HB 1749 is still scheduled to be heard by the House Health Committee on 4/10.

    TN resident? Click here to email your elected officials in support of medical marijuana extracts

    California

    Expungement
    Assembly Bill 1793 is pending, “to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence.

    Update: The Assembly’s Public Safety Committee will hold a hearing on AB 1793 on 4/17 at 9am.

    CA resident? Click here to email your elected officials in support of expunging past convictions

    Employment Protections
    AB 2069, to strengthen employment rights for medical cannabis patients. The bill would explicitly bar employers from discriminating against workers solely because of their status as a medical cannabis patient, or due to testing positive for medical marijuana use on a workplace drug test.

    Update: The Assembly’s Labor And Employment Committee will hold a hearing on AB 2069 on 4/18 at 1:30pm.

    CA resident? Click here to email your elected officials in support of employment protections for patients

    Alaska

    Senate Bill 184 prohibits the release of past records for any marijuana offense that is no longer defined as a crime under state law. The bill’s intent is to reduce barriers to employment for people who have been convicted of low-level marijuana possession crimes that would be legal under today’s laws, and to make it more likely that people convicted of only low-level crimes will become contributing members of society.

    Update: SB 184 was approved by the Judiciary Committee and referred to the Finance Committee on 3/29.

    AK resident? Click here to email your elected officials in support of sealing past convictions

     

    Other Actions to Take

    Hawaii

    House Bill 2729 seeks to allow for out-of-state medical marijuana cardholders to access medical cannabis while visiting Hawaii. Other provisions in the bill prohibit employers from either discriminating against or taking punitive actions against employees solely based on their medical cannabis use or patient status. The bill already passed the full House last month.

    Update: The Senate Ways and Means Committee approved HB 2729 with amendments on 4/6, and will now go before the full Senate.

    HI resident? Click here to email your elected officials in support of reciprocity

    Oklahoma

    Legislation is pending, HB 3468, to create the Oklahoma Cannabis Commission, contingent upon the results of State Question 788, the statewide ballot measure that would provide patients with regulated access to medical cannabis. NORML endorses State Question 788.

    Should the voters decide in favor of SQ 788, the Oklahoma Cannabis Commission would serve to address any issues related to the medical marijuana program in Oklahoma and ensure the swift implementation of the provisions outlined in SQ 788.

    OK resident? Click here to email your elected officials in support of the Oklahoma Cannabis Commission

    Georgia

    House Bill 65 seeks to expand Georgia’s limited medical cannabidiol (CBD) law.

    The measure would expand the pool of patients eligible to receive an authorization for CBD therapy to include those with post traumatic stress disorder and intractable pain. The bill also creates a study commission to review and make policy recommendations with regard to whether the state should provide in-state production and distribution of CBD products. Lawmakers failed to take action this session on separate legislation which sought to establish rules regulating CBD production and dispensing.

    Update: HB 65 was approved by the House and Senate, and now awaits action from Gov. Nathan Deal.

    GA resident? Click here to email Governor Deal in support of medical CBD expansion

    Kansas

    Legislation is pending, SB 282, to allow for the possession and retail sale of cannabidiol (CBD) products containing zero percent THC. Under this proposed legislation, Kansas citizens would not need to be a part of a patient registry or be diagnosed with a certain qualifying condition in order to legally possess or purchase CBD products. The bill was already passed unanimously by the Senate earlier this year, and the full House last week, with amendments.

    Update: The Senate did not agree with the House’s proposed changes, so a conference committee of three members from each house were appointed to work out a version of the bill that will be satisfactory to both houses. The report from the Conference Committee is now available, and will require approval from both chambers.

    KS resident? Click here to email your elected officials in support of CBD sales

    California

    Senate Bill 930 seeks to assist financial institutions safely conduct transactions with licensed cannabis businesses.

    SB 930 would allow financial institutions to work with licensed cannabis businesses to issue certified checks and conduct payroll for certified California employees, pay their state and local taxes and fees while lessening the burden on local government to collect and manage large sums of cash, pay their rent, and invest in California’s economy

    Update: SB 930 will be heard by the Senate Banking and Financial Institutions Committee on 4/18 at 1:30pm in Room 112.

    CA resident? Click here to email your elected officials in support of banking access

    Maryland

    House Bill 698 seeks to expand the state’s nascent industrial hemp pilot program. The bill would “authorize and facilitate the research of industrial hemp and any aspect of growing, cultivating, harvesting, processing, manufacturing, transporting, marketing, or selling industrial hemp for agricultural, industrial, or commercial purposes.” It already passed the full House last month.

    Update: HB 698 was unanimously approved by the Senate on 4/4, and will now go to Governor Larry Hogan for his signature or veto.

    MD resident? Click here to email Governor Hogan in support of an industrial hemp pilot program

    Missouri

    Senate Bill 547 and House Bill 2034 seek to modify provisions relating to industrial hemp.

    If passed, the bills would allow the Department of Agriculture to issue a registration or permit to growers and handlers of agricultural and industrial hemp. It would also create an industrial hemp agricultural pilot program to be implemented by the Department of Agriculture to study the growth, cultivation, and marketing of industrial hemp. Both bills have already passed their respective chambers.

    Update: A hearing is scheduled for SB 547 in the House Agriculture Policy Committee on 4/10 at 12PM or upon conclusion of morning session-whichever is later in HR 1. HB 2034 is still pending in committee in the Senate.

    MO resident? Click here to email your elected officials in support of industrial hemp modifications

    Iowa

    Senate File 2398 seeks to establish The Iowa Industrial Hemp Act. The bill would allow the Department of Agriculture to establish a research pilot program that engages in the licensed cultivation, production, and marketing of industrial hemp.

    Update: SF 2398 was unanimously approved by the Senate on 4/4, and now awaits action in the House.

    IA resident? Click here to email your elected officials in support of industrial hemp research

    That’s all for this week, check back next Friday for more legislative updates!

  • by NORML April 5, 2018

    Legalize marijuanaSince the beginning of the year, NORML Chapters throughout the country have been busy organizing lobby days for the 2018 legislative session. With the hope of reforming various aspects of their state’s marijuana policies, NORML affiliated activists have been meeting with state representatives to educate lawmakers and their staff about the advantages of ending marijuana prohibition and encourage support for over 100 pieces of legislation nationwide.

    In addition to organizing more lobby days than was previously done in 2017, many NORML chapters including Delaware NORML, Denver NORML, Illinois NORML, and Lehigh Valley NORML have scheduled multiple lobby days for their 2018 legislative sessions. To date, NORML chapters have organized and/or participated in nearly 30 lobby days in 16 states. From fighting for employee protections in Colorado, Oregon and California, to pushing to expand access for patients in the Commonwealth of Virginia, and working to pass legislation to tax and regulate adult-use marijuana in Delaware, NORML chapters have been working overtime this legislative session.

    Virginia

    Members of Virginia NORML, led by Executive Director Jenn Michelle Pedini, have been focused on securing access and protection from prosecution for all patients since 2016. This session, their hard work finally paid off with unanimous passage of HB 1251 and SB 726 to expand the state’s limited medical cannabis oil law by removing qualifying conditions and instead allowing doctors to decide when to issue a recommendation.

    “Virginia will be the first state to expand a hyper-restrictive single qualifying disorder program to include any diagnosed condition. This didn’t happen because of industry dollars or high powered lobbyists, it happened because two moms wouldn’t take “no” for an answer,” said Jenn Michelle Pedini.

    Follow Virginia NORML on Facebook, Twitter, and support their work here.

    Colorado

    There’s an effort underway in Colorado to define off-duty marijuana use a legal activity under Colorado’s prohibition of legal activities as a condition of employment law. Democratic Representative Jonathan Singer is leading the effort in the House, but proponents – consisting mostly of members of Denver NORML, Colorado NORML, and Southern Colorado NORML – are working to lock down a Republican sponsor before the bill is introduced to encourage bipartisan support.

    Also in Colorado, state lawmakers recently formed the first-ever statewide Cannabis Caucus to facilitate discussions on how to best address the various areas of public policy that have been impacted since voters approved the state’s marijuana legalization measure in 2012.

    “This kind of caucus is something we at the national level have been looking at for quite some time,” says NORML Outreach Director Kevin Mahmalji, who’s based in Denver. “Since the formation of the Congressional Cannabis Caucus, it just made sense to have something similar at the state level.”

    California

    Members of California NORML are also working with state lawmakers on a bill that would bar employers from discriminating against workers because of their status as a medical marijuana patient, or a positive drug test for medical marijuana use. NORML believes that this practice is discriminatory and defies common sense. While law-abiding and responsible adults in some states have the legal option to consume marijuana in the privacy of their homes, they still are at risk of losing their employment as a result of a positive drug test — even in instances where the use took place on weekends or after-hours.

    Ellen Komp, Deputy Director of California NORML shared her thoughts on the effort: “Eleven states protect medical marijuana users’ employment rights in their laws, but not California. Cal NORML is sponsoring AB 2069, the Cannabis Worker Protections Act, to give workers in California the same right to use medical cannabis as opiates and other prescription drugs, as long as their use does not impair them on the job. Supporters can write to their representatives in favor of the bill at and join Cal NORML at our Lobby Day in Sacramento on June 4, 2018.”

    Follow California NORML on Facebook, Twitter, and support their work here.

    Maryland

    Members of Maryland NORML focused their time on lobbying members of the Maryland House of Delegates Judiciary Committee in favor of HB 1264 / SB 1039 – a constitutional amendment that would put a question on this November’s ballot to let the voters decide on the issue of marijuana legalization and retail sales.

    While that effort was not successful, Maryland is now in a position to expand the amount of personal possession of marijuana that is decriminalized from 10 grams to 30 grams as SB 127 continues to move forward after passing in the state Senate.

    Follow Maryland NORML on Facebook, Twitter, and support their work here.

    Delaware

    Members of Delaware NORML lobbied for legislation to legalize and regulate marijuana for adults. The Delaware Marijuana Control Act regulates and taxes marijuana in the same manner as alcohol. It allows adults over the age of 21 to legally possess and consume under 1 ounce of marijuana for personal use. It does not permit people to grow their own marijuana.

    Hosting three lobby days already this year with a number on the way, Delaware is one of the states that we expect to achieve reform this decade.

    Follow Delaware NORML on Facebook, Twitter, and support their work here.

     

  • by Carly Wolf, NORML Political Associate March 30, 2018

    Welcome to the latest edition of NORML’s Weekly Legislative Roundup!

    I first want to bring your attention to a key development at the federal level. U.S. Senate Majority Leader Mitch McConnell (R-KY) announced that he will introduce a bill to legalize industrial hemp next month. The legislation will not only change hemp’s status under the law but will also set aside federal funds to support its cultivation.

    At the state level, New Jersey Governor Phil Murphy has made dramatic changes to the state’s regulatory program. Changes include: reduced cost of the medical marijuana registry for patients by 50%; reduced cost for veterans, seniors, and those on disability by 90%; expanded the qualifying conditions list to include Tourette syndrome, chronic pain, and other conditions; and other much needed technical fixes.

    Also at the state level, Iowa regulators offered medical cannabis dispensary licenses to five businesses, and North Dakota activists say they’ve collected more than half the signatures they need to qualify a marijuana legalization ballot measure.

    At a more local level, New Orleans, Louisiana marijuana arrests are dramatically down following the enactment of an ordinance that allows police to issues summonses for low-level possession.

    Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

    Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

    Your highness,
    Carly

    Priority Alerts

    Federal

    End Prohibition: Representatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation, HR 1227, to exclude marijuana from the Controlled Substances Act, thus leaving states the authority to regulate the plant how best they see fit.

    The “Ending Federal Marijuana Prohibition Act of 2017” eliminates federal criminal penalties for possessing and growing the plant. This legislation gives states the power and flexibility to establish their own marijuana policies free from federal interference.

    Click here to e-mail your Representative and urge them to support this important legislation

    Connecticut

    The Connecticut Legislature is considering several bills to to regulate and tax the retail sale of marijuana to adults. HB 5111 and HB 5112 are still pending in the Joint Committee on General Law, and HB 5458 died in a House committee last week.

    Update: The General Assembly’s Appropriations Committee held a hearing on 3/28 on another proposal, HB 5394, to develop a plan to legalize and regulate the retail sale of marijuana in the state and to provide for substance abuse treatment, prevention, education and awareness programs and measures.

    CT resident? Click here to email your elected officials in support of legalization efforts

    South Carolina

    Legislation is pending, H 3521 and S 212: The South Carolina Compassionate Care Act, to allow for the physician-authorized use of marijuana for patients with specific debilitating medical conditions. If passed, the bill would provide patients with regulated access to medical cannabis via licensed providers.

    Update: The Senate Medical Affairs Committee approved S 212 on 3/29 on an 8-6 vote, after it was approved by the subcommittee on a 3-2 vote last week. H3521 was tabled after the House Medical, Military, and Public and Municipal Affairs Committee held a hearing, but the Chairman didn’t put the bill on the agenda.

    SC resident? Click here to email your elected officials in support of medical marijuana access

    Tennessee

    Medical Extracts
    State Representative Jeremy Faison (R) and State Senator Steve Dickerson (R) have introduced legislation, SB 1710 and HB 1749 to establish a limited medical marijuana access program in Tennessee.
    The measure permits qualified patients to possess marijuana-infused oil products, as well as other non-herbal forms of cannabis, from state-licensed dispensaries. Both patients and physicians would be required to participate in a state registry.

    Update: HB 1749/SB 1710 was significantly amended at the request of the sponsor. As amended, the measure depenalizes the possession of CBD extracts by qualified patients, and also provides protections to those from out of state. It does not provide an in-state regulated supply system for CBD products. Members of the House Criminal Justice Committee approved the amended bill on 3/28.

    HB 1749 will be heard by the Health Committee on 4/3, and SB 1710 will be heard by the Senate Judiciary Committee also on 4/3.

    TN resident? Click here to email your elected officials in support of CBD extracts

    Medical Cannabis
    Legislation is pending, HB 830 and SB 1119, to establish a medical marijuana access program.

    The bill would provide qualified patients with access to cannabis therapy through licensed dispensaries or pharmacies, under the supervision of a certified practitioner. The bill would also prohibit employers from discriminating against individuals solely because of their status as a medical cannabis patient.

    TN resident? Click here to email your elected officials in support of medical cannabis access

    New Jersey

    Legislation is pending, S2426 and A3740, to further expand the state’s medical marijuana law.

    The measures provide doctors the discretion to recommend medical marijuana to any patient for whom they believe it will provide a benefit.

    NJ resident? Click here to email your elected officials in support of medical expansion

    New Hampshire

    Legislation is pending, SB 388, to expand the state’s medical cannabis program.

    The bill would authorize the Department of Health and Human Services to establish a second dispensary location in the geographic area that includes Carroll, Coos, and Grafton counties for therapeutic cannabis. Currently there are only four licensed dispensaries operating across the state to serve an estimated 3,500 patients.

    Update: SB 388 passed the Senate on 3/22, and now awaits action in the House Health, Human Services and Elderly Affairs Committee.

    NH resident? Click here to email your elected officials in support of medical expansion

     

    Additional Actions to Take

    California

    Legislation has been introduced by Sen. Bob Hertzberg [D], SB 930, to assist financial institutions to safely conduct transactions with licensed cannabis businesses.

    Update: SB 930 will be heard by the Senate Banking and Financial Institutions Committee on 4/18 at 1:30pm in Room 112.

    CA resident? Click here to email your elected officials in support of banking access

    Hawaii

    Legislation is pending, HB 2729, to allow for out-of-state medical marijuana cardholders to access medical cannabis while visiting Hawaii. It already passed the House earlier this month.

    Other provisions in the bill prohibit employers from either discriminating against or taking punitive actions against employees solely based on their medical cannabis use or patient status.

    Update: HB 2729 will be heard by the Senate Ways and Means Committee on Thursday 3/29 at 10:50am in Conference room 211.

    HI resident? Click here to email your elected officials in support of reciprocity

    Oklahoma

    HB 2913 is pending: The Oklahoma Industrial Hemp Agricultural Pilot Program. If passed, this bill would allow universities to cultivate hemp for research and development purposes. It already passed the House unanimously earlier this month.

    Update: HB 2913 was approved by the Senate Agriculture and Wildlife Committee on 3/27, and is now awaiting action from the Appropriations Committee.

    OK resident? Click here to email your elected officials in support of a hemp pilot program

    Kansas

    Legislation is pending, SB 263, to establish a state-licensed industrial hemp research program. It was already approved by the Senate last month.

    Update: SB 263 was approved by the House on 3/28 by a 123-1 vote. It now awaits action from the Governor.

    KS resident? Click here to email your Governor in support of hemp research

    That’s all for this week, check back next Friday for more legislative updates!

  • by NORML France March 28, 2018

    Le 17 mars 2018, NORML France a lancé une pétition à l’attention d’Emmanuel MACRON, Président de la République, et de Nicole BELLOUBET, Garde des Sceaux, Ministre de la Justice. Une semaine plus tard, ce texte a déjà recueilli près de 12.000 signatures. Une première en France pour une pétition portant sur le sujet du cannabis et de ses différents usages. 

    Nous devons désormais promouvoir ce texte au-delà de nos cercles d’influence, en le partageant avec le plus grand nombre de nos contacts. À l’heure où de nombreux pays avancent sur des régulations plus compréhensives quant au cannabis, le gouvernement français propose en catimini une proposition d’amende forfaitaire délictuelle qui ne résoudra aucun des problèmes liés aux mésusages et aux trafics de ce produit.

    Signer la pétition de NORML FranceÀ la vue des nombreux dérèglements générés par la prohibition du cannabis depuis plus de 45 ans, la régulation de la filière cannabicole dans son ensemble devient par dessus tout primordiale pour aller vers une société plus encline au respect des droits humains fondamentaux à travers l’accès à la santé, à l’emploi et à la justice sociale.

    Nos revendications sont plus que jamais  légitimes, c’est pourquoi tous les citoyens français doivent se sentir concernés par cette question. La guerre aux drogues s’est transformé en une guerre aux personnes, à la santé mais aussi et surtout à la réalité scientifique.

    Unis et nombreux, nos voix ne pourront être qu’entendues et respectées, c’est pourquoi nous vous demandons de signer cette pétition tout en la diffusant le plus largement possible.

     

    Le texte de notre pétition dans son intégralité :

    A l’attention de d’Emmanuel MACRON, Président de la République, et de Nicole BELLOUBET, Garde des Sceaux, ministre de la Justice.

    Le gouvernement a tranché : Pour l’usage de cannabis, tous les citoyens devront s’acquitter d’une amende forfaitaire délictuelle fixée à 300€. S’ils ne paient pas sous quarante jours, la somme est doublée. S’ils ont déjà été condamnés pour consommation, c’est le passage devant le juge assuré.

    Monsieur le Président, vous avez été élu sur une promesse de renouveau. En septembre 2016, vous disiez n’être pas contre la légalisation, être prêt à en parler et à en débattre. Nous sommes en mars 2018, le débat n’a jamais eu lieu, et la proposition finale du gouvernement n’est qu’un vulgaire paragraphe, caché dans 82 pages de texte, quelque part entre le statut du Parquet national terroriste et la législation sur les divorces.

    Le projet de loi que vous défendez est une commande politique qui continue de marginaliser les plus pauvres, de persécuter les minorités et d’affaiblir les plus faibles.

    A dire vrai, il n’y a qu’en France que le sujet pose encore problème. La Norvège dépénalise, le Portugal y est depuis plus de 15 ans, l’Allemagne y réfléchit, le Royaume-Uni infléchit ses positions, la Suisse aussi. A deux heures de Paris, tout le monde peut aujourd’hui se procurer du cannabis légalement.

    Aujourd’hui, les consommateurs sont déjà suffisamment incriminés. Certains parlent de “dépénalisation de fait”. C’est faux. La répression des drogues n’a jamais été aussi forte. En 2016, un usager régulier sur cinq a été interpellé. Lorsqu’il y a 220 000 interpellations chaque année, que la réponse pénale est systématique, on ne peut pas dire qu’il y a dépénalisation.

    Certes, une partie non négligeable de ces interpellations se solde par de “simples” rappels à la loi. Mais comment en vouloir à un juge réaliste qui constate qu’un citoyen ne fait de mal à personne – pas même à lui-même, en vaporisant son cannabis ? La loi qui incrimine l’usage n’est pas nécessaire, la peine est disproportionnée.

    Pourtant le gouvernement a décidé de punir plus. Cette amende va creuser les inégalités : Les plus aisés pourront payer pour consommer alors que les plus pauvres continueront d’être traînés devant la justice. Certains pensent qu’il s’agit d’une simple contravention, que nenni, l’usage reste un délit.

    Dans le même temps, rien n’est prévu pour la réduction des risques, qui devrait être la priorité absolue du gouvernement en la matière. Aucune mesure n’est prise pour régler les vrais problèmes: ceux de la consommation des mineurs, des consommations problématiques, de la difficulté d’accès à un produit sain, de la lutte contre les trafics. Dès lors, que vaut cette proposition qui ne résout rien ?

    Nous pensons que seule une modification profonde de la loi pourra vraiment changer les choses. Dès lors que l’interdit pénal demeure, les mêmes causes produisant les mêmes conséquences, le système ne changera pas et l’échec du système répressif sera de nouveau constaté.

    Que dire alors de ce cercle vertueux qui s’installe partout dans le Monde ? Il faut être aveugle pour ne pas remarquer que les pays ayant adoptés des lois plus réalistes et justes sur le cannabis, connaissent aujourd’hui bénéfices économiques, réduction des consommations, augmentation de la prévention, de meilleure lutte contre les addictions.

    Tous les modèles ne sont pas à suivre, il y a bien des limites dans chaque Etat. Mais il y a deux dénominateurs communs : Des centaines de milliers d’emplois créés et une réappropriation du chanvre par la population. Partout où il était hier la propriété de quelques riches trafiquants, aujourd’hui, ce sont des millions de consommateurs à travers le monde qui profitent pour leurs impôts comme pour leur santé d’un produit plus sain, moins cher, et mieux encadré.

    Nous ne voulons plus d’une législation qui incrimine. Un débat national sur le sujet est aujourd’hui nécessaire. Il est temps que la question de la dépénalisation et de la régulation soit posée.

    Monsieur le Président, nous sommes prêts au changement. 

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