Senator Ron Wyden and Representatives Earl Blumenauer and Jared Polis have introduced legislation in the House and Senate — The Marijuana Revenue and Regulation Act — to permit states to establish their own marijuana regulatory policies free from federal interference. In addition to removing marijuana from the United States Controlled Substances Act, this legislation also removes enforcement power from the US Drug Enforcement Administration in matter concerning marijuana possession, production, and sales — thus permitting state governments to regulate these activities as they see fit.
“The first time introduction of this particular piece of legislation in the US Senate is another sign that the growing public support for ending our failed war on cannabis consumers nationwide is continuing to translate into political support amongst federal officials,” said NORML Executive Director Erik Altieri, “With marijuana legalization being supported by 60% of all Americans while Congress’ approval rating is in the low teens, ending our country’s disastrous prohibition against marijuana would not just be good policy, but good politics.”
Twenty-nine states and the District of Columbia have legalized marijuana for qualified patients, while eight states now regulate the production and sale of marijuana to all adults. An estimated 63 million Americans now reside in jurisdictions where anyone over the age of 21 may possess cannabis legally. Voters support these policy changes. According to a 2017 Quinnipiac University poll, 59 percent of Americans support full marijuana legalization and 71 percent believe that states, not the federal government, should set marijuana policy.
“If we are truly going to move our nation towards sensible marijuana policies, the removal of marijuana from the Controlled Substances Act is paramount. Annually, 600,000 Americans are arrested for nothing more than the possession of small amounts of marijuana and now is the time for Congress to once and for all end put an end to the national embarrassment that is cannabis prohibition,” said Justin Strekal, NORML Political Director. “Passing this legislation would end the current conflict between state and federal laws and allow the states to implement more sensible and humane marijuana policies, free from the threat of federal incursion.”
These statewide regulatory schemes are operating largely as voters and politicians intended. The enactment of these policies have not negatively impacted workplace safety, crime rates, traffic safety, or youth use patterns. They have stimulated economic development and tax revenue. Specifically, a 2017 report estimates that 123,000 Americans are now working full-time in the cannabis industry. Tax revenues from states like Colorado, Oregon, and Washington now exceed initial projections. Further, numerous studies have identified an association between cannabis access and lower rates of opioid use, abuse, hospitalizations, and mortality.
“The federal government must respect the decision Oregonians made at the polls and allow law-abiding marijuana businesses to go to the bank just like any other legal business.” Senator Ron Wyden said. “This three-step approach will spur job growth and boost our economy all while ensuring the industry is being held to a fair standard.”
“Colorado has proven that allowing responsible adults to legally purchase marijuana, gives money to classrooms, not cartels; creates jobs, not addicts; and boosts our economy, not our prison population,” Representative Jared Polis said. “Now, more than ever, it is time we end the federal prohibition on marijuana and remove barriers for states’ that have chosen to legalize marijuana. This budding industry can’t afford to be stifled by the Trump administration and its mixed-messages about marijuana. The cannabis industry, states’, and citizens deserve leadership when it comes to marijuana.”
“As more states follow Oregon’s leadership in legalizing and regulating marijuana, too many people are trapped between federal and state laws,” Representative Earl Blumenauer said. “It’s not right, and it’s not fair. We need change now – and this bill is the way to do it.”
The ongoing enforcement of cannabis prohibition financially burdens taxpayers, encroaches upon civil liberties, engenders disrespect for the law, impedes legitimate scientific research into the plant’s medicinal properties, and disproportionately impacts communities of color.
By contrast, regulating the adult use of marijuana stimulates economic growth, saves lives, and has the support of the majority of the majority of Americans.
After more than a year of negotiations with city officials, and countless hours cultivating support for a ballot measure aimed at decriminalizing certain amounts of marijuana, members of Kansas City NORML will finally have a chance to hear from voters on the issue. Next Tuesday, April 4, 2017, Kansas City voters will weigh in on Question 5. If approved, the measure will amend local laws regarding the possession of up to 35 grams of marijuana for adults age 21 and older from a criminal misdemeanor, punishable by up to six months in jail and a $1,000 fine, to a civil offense punishable by a $25 fine — no arrest made or criminal record imposed.
“The main objective of this initiative is to eliminate jail time and reduce the current penalties for marijuana possession in our city. By voting Yes on 5, individuals caught possessing 35 grams or less of marijuana or marijuana products shall receive a maximum fine of $25,” said Jamie Kacz, executive director of Kansas City NORML. “We have received an outpouring of support from voters across Kansas City who are ready for change and no longer want to see their loved ones suffer for marijuana possession.”
A recent poll by Remington Research Group revealed that 56% of likely Kansas City voters currently support Question 5. With less than a week before polling locations are scheduled to open, this is certainly encouraging news for proponents of the measure.
“This is promising because the survey was done using landlines, which means that it was likely an older demographic weighing in on the issue,” added Jessica Kelly, who serves on the Board of Directors for Kansas City NORML. “Typically, younger demographics tend to vote in favor of marijuana reform, so this shows a good chance of the initiative passing with the support of both older and younger demographics.”
If passed by voters, Kansas City will join a growing list of cities around the country that have adopted a more pragmatic approach for dealing with marijuana-related offenses on the local level. Houston, Memphis, Nashville, Tampa, Orlando, Milwaukee, Monona, Toledo, Philadelphia, Pittsburgh and several others have decriminalized the possession of small amounts of marijuana.
Following a national trend, members of the Monona City Council passed an ordinance that removed all municipal fines for the private possession and consumption of marijuana. Under the new ordinance, adults 21-years and older will no longer be subjected to a fine for possessing marijuana in public or in private spaces. Marijuana use in a private residence would also be exempt from a fine, but a $200 fine will still be given to those caught smoking in public.
This came as no surprise to Nate Petreman, executive director of Madison NORML. For almost two years, Mr. Petreman along with several members of Madison NORML worked to build a broad coalition of active community members who attended countless meetings and provided testimony in support of the measure.
“Private use and possession and possession in public are no longer local offenses in Monona, WI. The new ordinance in Monona only prohibits public use. We were denied at the city last year, in part due to the Police Chief advocating on city time, and came just shy of the necessary signatures to trigger a vote on direct legislation in summer 2016,” said Petreman. “To succeed in our recent efforts, nearly 20 people attended each meeting along the way, many who were residents. These efforts resulted in the best known local ordinance statewide.”
On the state level, lawmakers are currently considering legislation that would provide qualified patients with legal access to medical marijuana and establish a statewide medical marijuana program.
As we prepare to for April and marijuana related attention that comes with 4/20, NORML has put up an action alert on the appointment process for new US Attorneys (If you didn’t know, Attorney Jeff Sessions fired the holdovers from Obama Administration). With so many issues swirling around in the political lexicon, it’s important that we not see a wave of Sessions-style prohibitions be installed throughout the country, so please email your Senators now and tell them to demand the the new US Attorney’s respect state marijuana laws.
Additionally, Representative Tulsi Gabbord went to the floor of the House of Representatives and spoke on behalf of her legislation entitled “Ending Federal Marijuana Prohibition Act of 2017 – HR 1227. You can watch the video by clicking here.
A very special shout-out for me to make is the success of having Virginia Governor McAuliffe signed into law SB 1027, to regulate the instate production of cannabis oil. Congrats Virginia NORML and your whole team!
Below 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.
Thanks for all you do and keep fighting,
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 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.
Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) have formed the first-ever Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.
US Attorneys: Members of the Senate will now be asked to consider new appointments. Please contact your Senator and urge him/her to consider those US Attorneys who will respect statewide marijuana laws.
With 29 states having established medical marijuana programs and eight states having enacted adult-use regulatory laws, it is vital that those appointed to this prestigious position respect the will of the electorate.
US Attorneys possess broad authority when both interpreting the laws and prioritizing their enforcement. Under the past administration, US Attorneys largely took a ‘hands off’ approach in jurisdictions that had legalized the use of marijuana, as directed by the 2013 “Cole Memo.” Incoming US Attorneys ought to take a similar approach.
Multiple pieces of legislation to legalize the adult use of marijuana and to regulate its commercial distribution is pending in both the state House and Senate.
According to a March 2015 Quinnipiac University poll of Connecticut voters, 63 percent favor permitting adults to legally possess personal use quantities of cannabis.
Update: SB 11 had a hearing on March 22.
Legislation has been introduced in the House and Senate to legalize the adult use of marijuana and to regulate the commercial cannabis market.
The measures permits adults to legally possess personal or grow use quantities of marijuana in private. Additional provisions establish a regulated market for the commercial production and retail sale of marijuana to adults.
On Election Day, 54 percent of voters decided in favor of Question 4: The Regulation and Taxation of Marijuana Act – permitting adults to legally grow and to possess marijuana for personal use, while also establishing regulations governing commercial cannabis cultivation and capping taxes on retail sales.
But it has become apparent that some powerful politicians and bureaucrats wish to ignore voters’ will and rewrite history.
Update: Hearings on implementation will be:
March 27th at 4 pm at the West Springfield High School auditorium,
April 3rd at 11 am at the Statehouse,
April 10th at 4 pm at the Shrewsbury High School.
Legislation (A. 2142 and S. 3809) is before the Assembly and Senate to seal the records of those who have previously been convicted of the possession of marijuana in public view.
New York has historically had the highest marijuana-related arrest rate in the nation largely because of questionable arrests made under the ‘public view’ exception.
Passage of A. 2142 and S. 3809 will make it so these hundreds of thousands of minor offenders are no longer stigmatized by their arrest record.
Update: NORML is joining multiple organizations, including Empire State NORML and the Drug Policy Alliance in calling for Governor Andrew Cuomo to include the language from A. 2142 and S. 3809 in his budget.
Legislation is pending in the Tennessee House, HB 173, to nullify the enactment of citywide marijuana decriminalization ordinances and to prevent additional municipalities from enacting similar marijuana reform measures.
The intent of the bill is to override the passage of recent citywide measures in Nashville and Memphis — both of which passed local ordinances last year making minor marijuana possession offenses a non-arrestable citation.
By contrast, state law classifies marijuana possession as a criminal misdemeanor, punishable by up to one year in jail and a criminal record.
Update: Members of the House have passed HB 173 by a vote of 65 to 28 March 23. The measure now awaits action from the Senate.
Additional Actions To Take
LB622 will allow patients with conditions such as Crohn’s disease, epilepsy, opioid addictions and some types of cancer to obtain marijuana. Qualified patients would not be permitted to grow cannabis and would have to obtain non-smoked, cannabis-infused formulations from state-licensed providers. A version of this legislation debated last year was narrowly defeated by lawmakers.
Update: LB 622 has advanced out of committee by a vote of 6 – 1.
An amended version of House Bill 527 amends state law so that qualified patients may not be denied organ transplants. It also expands the pool of qualifying conditions for which a physician may legally recommend cannabis therapy, to include indications such as Crohn’s disease, chronic pain, hepatitis C, neuropathy, Parkinson’s disease, and post-traumatic stress, among other conditions. It also establishes reciprocity for non-residents.
Update: SB 177 was tabled in lieu of HB 527. An amended version of HB 527 is now before the Governor, having passed the House by a vote of 45 to 16 and the Senate by a vote of 28 to 9.
Legislation is pending, Assembly Bill 259, to vacate certain marijuana possession convictions that occurred prior to the plant’s legalization.
The measure would permit those with criminal convictions for offenses involving the possession of one ounce or less of marijuana prior to January 1, 2017 to have their convictions vacated.
Several pieces of legislation are pending to amend marijuana possession penalties.
HB 831 and SB 1116 seek to decriminalize the possession of up to one ounce of marijuana.
Separate legislation is pending in the House and Senate — SB 265 and HB 297 — to reduce penalties associated with the possession of one-eighth of marijuana (3.544 grams) to a $50 fine-only offense. However, under these bills, simple possession would still remain classified as a misdemeanor.
Under present law, the possession of any amount of marijuana is punishable by up to one year in jail and a $250 fine.
Update: SB 1116 has a hearing scheduled for March 28.
Legislation is pending, H.170, to eliminate civil and criminal penalties specific to the possession and cultivation of personal use quantities of marijuana by adults.
If passed, the measure would legalize the possession of up to 2 ounces of marijuana, up to ten grams of hashish, and/or the cultivation of two marijuana plants in a private residence.
Update: Members of the House Judiciary Committee advanced H. 170 on March 22 in an 8 to 3 vote. It now awaits action on the House floor. A new statewide Public Policy poll finds that Vermont residents favor this legislation by a margin of 57 percent to 39 percent.
Ever since the 2016 election, marijuana legalization supporters have been wondering if President Trump will crack down on state-approved recreational and/or medical marijuana programs. The Heritage Foundation believes it knows the answer.
According to the conservative think tank, there are actions the government can take without needing to pass any new legislation or expend much political capital, such as reaffirming the federal government’s position as supporting marijuana’s illegality under the Controlled Substances Act (CSA) and reasserting support for the international treaties that require countries to enforce marijuana prohibition. These actions would make headlines, send a chill across the industry (particularly in states that have yet to formally launch their legal marijuana markets) and make clear the direction the White House has decided to go when dealing with legal marijuana businesses.
The Washington, D.C.-based group calls for rescinding the Obama Administration’s Cole memo, which gives leeway to the states to implement legalization and replace it with a memo that makes it clear that the DOJ “fully expects states to not permit commercialized marijuana production and sale.” With this memo in place, the DOJ could then select a number of marijuana businesses for prosecution of a violation of state and/or federal law, which would create “a real threat of prosecution.”
The right-wing policy shop recommends overturning previous guidance from the Financial Crimes Enforcement Network, which opened the door to very limited banking for a handful of businesses in the marijuana industry. This would scare off the already minuscule number of financial institutions working, or considering working, with marijuana-related businesses. Using the Racketeer Influenced and Corrupt Organizations Act, the government could target investors.
With all of this in mind, the only option we truly have to ensure our victories are upheld and that we move forward with nationwide legalization is to change federal law. Amendments such as Rohrabacher-Blumenauer stem the bleeding a bit, but require a new political fight every year. Congress needs to pass The Respect State Marijuana Laws Act, which would prevent the federal government from interfering in state-approved adult use or medical programs. Even better, Congress should remove marijuana from the CSA entirely.
If you want to see the cannabis revolution continue, call your members of Congress today and tell them to support federal marijuana law reform. For more information on pending legislation and to easily email your elected officials, visit norml.org/act.