Originally published, July 1, 2009, by University of Pittsburgh Law School publication, The Jurist.

Despite the glamorization on the hit Showtime series ‘Weeds’, flashy documentaries on CNBC delving into the business side of California’s multi-billion dollar annual cannabis industry derived from Californian’s unprecedented 13-year old legal access to medical cannabis products—qualifying patients in the state (and there are hundreds of thousands of them currently) can access high-quality medical cannabis via 24/7 vending machines in cities like Los Angeles—is Rhode Island the little state that is saying ‘yes we cannabis’ the loudest via their legislature?

‘Californication’ Of Cannabis
While California is clearly at the vanguard of implementing major legal and policy changes in seeming conflict with the federal government’s 72-year old cannabis prohibition laws, in fact little ol’ Rhode Island is on the precipice of effectively breaking the federal government’s ban on the cultivation and sale of cannabis by joining New Mexico as the only states favoring medical cannabis laws to have state-sanctioned medical cannabis cultivators and retail outlets for qualifying medical patients.

While there are an estimated 1,800-2,000 medical cannabis dispensaries (or in the new post Mentch parlance, cannabis wellness centers) in California alone, few of them are genuinely, legally sanctioned under state laws to sell cannabis in a retail environment. However, this blooming of cannabis wellness centers in California has happened under the full view of law enforcement, state policy makers and the public health community. Californians have ‘Main Street’ access to cannabis in many parts of the Golden State, which has evolved entirely organically—in other words, the mores and values of most Californians largely accept cannabis use, whether for recreational or medicinal purposes.

A recent Field poll of California voters affirms this with 56% support for outright legalization.

In Rhode Island, there is no highly refined ‘cannabis culture’, or longstanding public cannabis law reform efforts to speak of—unlike Californians that have publicly debated ‘legalizing’ cannabis on numerous statewide ballot initiatives and legislative proposals going back to the early 1970s—yet, Rhode Island’s legislators, from both parties and chambers, in opposition to the Governor and numerous federal government’s anti-drug bureaucracies (i.e., DEA, ONDCP, NIDA, DOJ, FBI, etc…) first passed a ‘self-preservation’ medical cannabis law two years ago [a ‘self-preservation’ medical cannabis model is defined as a qualified patient, for which a severely limited number of medical ailments qualify for cannabis use (i.e., Cancer, AIDS, Glaucoma, Epilepsy and MS), can legally possess or grow a small amount of cannabis; there is no legal retail access to cannabis, seeds or plant cuttings (clones)].

The Little State That Says To Washington: ‘Yes We Cannabis!’
However, Rhode Island legislators, only two years after passage of the original medical cannabis laws, recognized that a self-preservation model is inadequate to serve the needs of sick, dying or sense-threatened patients who need whole-smoked cannabis and edibles. Again, in full opposition to the Governor and federal agencies, overrode their second veto to establish Rhode Island as the first bona fide state to legally sanction and license third parties to cultivate and sell cannabis (in the case of Rhode Island, the recent medical cannabis legislation has provided initial approval to three medical cannabis wellness centers for the entire state).

Full Story

For nearly 40 years, NORML has provided a voice in the public policy debate for the tens of millions of Americans who enjoy cannabis responsibly. NORML is and has always been the ‘marijuana’ consumers’ lobby.

In the short run, NORML favors the elimination of all criminal and/or civil penalties prohibiting the possession of cannabis for personal use, regardless of whether one is using it for medical purposes or for personal pleasure. Further, NORML opposes sanctions that presently prohibit the not-for-profit transfer of small amounts of cannabis between adults. This policy, called “decriminalization”, was the recommendation of the National Commission on Marijuana and Drug Abuse in their groundbreaking 1972 report, Marijuana: A Signal of Misunderstanding. Versions of cannabis decriminalization have now been adopted in 13 states.

Cannabis consumers are ordinary Americans who work hard, raise families, pay taxes and contribute in a positive way to their communities. We are not criminals. Just as millions of Americans enjoy a beer or a glass of wine at the end of the day, we enjoy sharing a joint (or, for that matter, a vapor bag) when we relax in the evening. Of the nearly 900,000 marijuana arrests in America each year, about 90% are for possession of small amounts for personal use. Continuing with this Draconian policy makes no sense. That is why three out of four Americans now support decriminalizing the personal possession and use of cannabis.

NORML’s ultimate political goal is the establishment of a legally regulated market where consumers can obtain their cannabis in a safe and secure environment. This policy is generally called “legalization”. As our country discovered when we experimented with alcohol prohibition, it is only by providing a legally regulated market that we can significantly reduce the crime, corruption and violence associated with a criminal black market.

NORML supports the imposition of state and/or federal age and quality controls governing the commercial production, sale, and use of cannabis to assure public safety and to advise the consumer of the strength of the variety of cannabis being purchased.

And, importantly, we support the imposition of a reasonable tax on commercial cannabis sales that could raise substantial revenue for the various states, to be used for drug education and other programs to encourage responsible use and to discourage abuse. But as we work toward these goals, it is crucial that we underscore the importance of permitting consumers the option to grow their own cannabis.

Alcohol consumers possess the legal right to create their own home brew, free from government interference. Although the vast majority of alcohol drinkers never utilizes this freedom, and prefers the convenience of purchasing alcohol at a retail outlet, that option remains available to those who wish to use it. We believe that similar regulations should govern the non-retail production of cannabis.

The cultivation of cannabis for personal use is the single most important element of the NORML legalization proposal. Allowing for the legal, personal cultivation of cannabis provides consumers with the option to grow their own product should commercially available sources offer cannabis that fails to meet the consumers’ needs because it is excessively expensive, too heavily taxed, or of inferior quality. The mere threat of consumers exercising this option should be sufficient to assure that the legal market for cannabis will be responsive to the needs of consumers, and will not be exploitive.

So when any organization or any state or federal legislator proposes legalizing cannabis, either for medical use or for personal pleasure, but forbids the consumer from growing their own cannabis, those of us who lobby on this issue must insist on amendments to permit personal cultivation.

Otherwise we, cannabis law reformers, trade away our only leverage to keep the big corporations and the government honest and responsive to cannabis consumers.

# # #

June 18, 2009

Washington, DC: Massachusetts Democrat Barney Frank, along with co-sponsors Ron Paul (R-TX); Maurice Hinchey (D-NY); Dana Rohrabacher (R-CA); and Tammy Baldwin (D-WI), will reintroduce legislation today to limit the federal government’s authority to arrest and prosecute minor marijuana offenders.

The measure, entitled an “Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults,” would eliminate federal penalties for the personal possession of up to 100 grams (over three and one-half ounces) of cannabis and for the not-for-profit transfer of up to one ounce of pot – making the prosecutions of these offenses strictly a state matter.

Under federal law, defendants found guilty of possessing small amounts of cannabis for their own personal use face up to one year imprisonment and a $1,000 fine.

Passage of this act would provide state lawmakers the choice to maintain their current penalties for minor marijuana offenses or eliminate them completely. Lawmakers would also have the option to explore legal alternatives to tax and regulate the adult use and distribution of cannabis free from federal interference.

To date, thirteen states have enacted laws ‘decriminalizing’ the possession of marijuana by adults. Minor marijuana offenders face a citation and small fine in lieu of a criminal arrest or time in jail.

“The federal government has much more important business to attend to than targeting, arresting and prosecuting adults who use marijuana responsibly,” NORML Executive Director Allen St. Pierre said. “This is an issue that ought to be handled by the states, not the Feds.”

According to nationwide polls, three out of four voters believe that adults who possess marijuana should not face arrest or jail, and one out of two now say that cannabis should be regulated like alcohol.

The reintroduction of the Frank/Paul bill comes one week after the duo reintroduced HR 2835, The Medical Marijuana Patient Protection Act of 2009 – which seeks to halt federal interference in states that have enacted medical marijuana laws – and just days after Rep. Mark Kirk (R-IL) called for federal legislation to sentence certain first-time marijuana offenders to 25 years in prison.

“The US Congress has a definite choice,” said St. Pierre. “They can choose the path of compassion, fiscal responsibility, and common sense by supporting Barney Frank’s and Ron Paul’s efforts, or they can continue down America’s failed drug war path by endorsing Rep. Kirk’s draconian legislation. It is abundantly clear which direction the voters wish to go; will their elected officials follow?”

Additional information about the ‘Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults’ is available at NORML’s Take Action Center.

Over the past few weeks, an unprecedented number of you have used NORML’s Capwiz tools to write your legislators in support of pending marijuana law reform in your state. In fact, so far this week more than 2,500 of you have taken the time to e-mail your elected officials! And while this tally is impressive — and your actions are making a political difference — think about this:

Did you know that each time a legislator hears from a constituent, they count it as representing much more than that one person’s opinion? The numbers below illustrate just how much of a difference you can make by sending an e-mail, writing a letter, or placing a call.

one e-mail represents 100 people

one letter represents 500 people

one phone call represents 500 people

one personal visit represents 1000 people

In other words, the 2,500 e-mails (and counting) generated this week represent the public opinion of 250,000! And those 8,500 e-mails generated by NORML supporters in February represent the public opinion of 850,000 Americans!

Is it any wonder that legislators in Montana, New Jersey, Illinois, and Minnesota have all voted in favor marijuana law reform in just the past few days? Politicians in those states heard from you — and they received the message loud and clear. And they have responded!

With this kind of strong showing of support, how could they not have?

Of course, now is hardly the time to rest on our collective laurels. In fact, now is the time to step up our efforts and make our voices heard at an even higher decibel!

If you haven’t written your state elected officials, now is the time to visit NORML’s Action Alert page and do so. If you have already written your state senator and representative, why not pick up the phone today and give them a personal phone call? Or even better, if legislation is currently pending before a Committee in your state, take time out to call the Chairperson of that Committee and urge him or her to support sensible marijuana law reform. Need contact information? You can find it all here.

In the coming days, legislators in Rhode Island, New Hampshire, and Montana will hold hearings and/or votes on significant marijuana reform measures. On Tuesday, March 10, members of the Montana House Judiciary Committee will hear testimony in favor of House Bill 541, which seeks to reduce marijuana possession penalties to a $100 fine! Want to see this proposal become law? Then consider sending and e-mail or getting on the phone.

In the fifteen years I’ve been with NORML, I’ve never witnessed legislators more responsive to enacting common sense pot law reform than right now. But that doesn’t mean that they don’t need to hear from you.

So keep up the pressure and act now! Changes are on the horizon, and your efforts are helping to make them a reality.

Each week, more states are moving forward to reduce or eliminate criminal penalties for marijuana offenses. If you have not yet gotten active in your state, now is most definitely the time to start. Here’s this week’s latest summary of how you can get involved!

Illinois: On Wednesday, March 4, both chambers of the Illinois legislature will hold hearings to discuss the need to legalize the medical use of cannabis under state law. Members of the House Human Services Committee will hear testimony in favor of House Bill 2514 at 8am in the Stratton Building, Room D-1. Later that afternoon, members of the Senate Public Health Committee are also scheduled to hear testimony in favor of Senate Bill 1381. You can contact your elected officials in support of these measures by going here, or by getting in touch with the good folks at Illinois NORML.

UPDATE!!! UPDATE!!! House Bill 2514 was voted out of Committee on a 4 to 3 vote. This marks the first time a House Committee has approved legislation regarding the medical use of cannabis. For more information, please visit here.

Maine: Members of the the Joint Standing Committee on Criminal Justice and Public Safety Committee heard testimony last week in favor of LD 250, which seeks to amend state law so that the possession of up to four ounces of marijuana would be classified as a civil violation. Predictably, local law enforcement are opposing this effort. That is why Maine legislators need to hear from you. Contact members of legislature here, and tell them to vote ‘yes’ on LD 250.

Texas: Anyone who follows the marijuana law reform issue knows that change in the Lone Star State is long overdue. That’s why it is important that members of the Texas cannabis community get behind House Bill 902, which would reduce minor marijuana possession penalties to a fine-only offense. Over 60,000 Texans are arrested for pot possession violations annually. Half of these defendants are under 25 years of age. It makes no sense to saddle these young people with a criminal arrest record or to put them in jail. Tell your representatives to support HB 902 by going here, and by becoming involved with Texas NORML.

Rhode Island: This Wednesday, March 4, both chambers of the legislature will hear testimony in favor of legislation to mandate the Department of Health to establish rules governing the licensing of non-profit compassion centers “to acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or dispense marijuana, or related supplies and educational materials, to registered qualifying patients.” To learn more about this effort, or to attend these hearings, please visit our allies at the Rhode Island Patient Advocacy Coalition.

New Hampshire: Next Monday, March 9, members of the House Health, Human Services & Elderly Affairs Committee will hear testimony at 10am in favor of House Bill 648, which seeks to legalize the use of medical cannabis is New Hampshire. Two years ago the House narrowly rejected (186-177) a similar bill, so it vital that you contact your House members and urge them to support HB 648. You can write them here. And if you wish to attend next week’s hearing, our allies NH Compassion have all the information you need here.

To learn about additional pending legislation in Alabama, California, Connecticut, Minnesota, Missouri, Montana, New Jersey, Oregon, Tennessee, and Washington, please visit NORML’s Legislative Action Alerts page here.

Score one for the good guys!

Earlier this month, new U.S. Attorney General Eric Holder promised a clean break from the policies of the Bush administration. Yesterday, during a live interview on C-Span, he affirmed that this change includes ending the DEA raids of state-authorized medical marijuana providers!

Responding to a reporter’s question regarding the DEA’s recent actions against several California medical cannabis providers, Holder stated: “What the President said during the campaign . . . will be consistent with what we will be doing here in law enforcement. . . What [President Obama] said during the campaign . . . is now American policy.”

You can watch the video of Attorney General Holder’s remarks here.

Holder’s statement marks a dramatic shift in U.S. drug policy, and is a major victory for the 72 million Americans who reside in states where the use of medical cannabis is legal! It also lends support to the ongoing efforts in Minnesota, New Jersey, and Rhode Island — each of which are debating legislative proposals to make the production and distribution of medical cannabis legal under state law.

At this time, NORML would like to personally thank those of you who responded to our request to contact the Attorney General’s office and urge Eric Holder to call off the DEA raids. Your phone calls and e-mails have helped to change U.S. marijuana policy!

So go ahead and give yourself a pat on the back. And while you’re at it, click here to thank the new Attorney General for supporting the will of the people and the health and welfare of seriously ill patients.

“Change we can believe in?” Yes it is, and it’s about time.

Wow, things are really heating up! If you have not yet gotten active in your state, now is most definitely the time to start. State legislatures around the country are taking significant strides to reform their marijuana laws, and here’s how you can help!

California: On Monday, state Assemblyman Tom Ammiano introduced AB 390, The Marijuana Control, Regulation, and Education Act — the first bill ever in legislature to legalize and regulate the commercial production and sale of marijuana in California. You can see local, network, and national media coverage of this effort here, here, and here. If you live in California, please go here to contact your state assemblyman and urge him or her to support AB 390.

New Jersey: Lawmakers took a major step on Monday toward making New Jersey the fourteenth state to legalize the medical use of cannabis. Senators voted 22 to 16 in favor of Senate Bill 119, the New Jersey Compassionate Use Medical Marijuana Act. But this battle is only half over. Members of the New Jersey Assembly must also vote on this issue. If you reside in New Jersey, please take a moment to contact your members of the state assembly and urge them to support companion bill, A804. You can further support this effort by contacting the Coalition for Medical Marijuana - New Jersey or NORML New Jersey.

**Note: Additional information and interviews regarding these breaking events in California and New Jersey are available here on the NORML Daily Audio Stash podcast.

Montana: Ready for even more good news? Senate lawmakers in Montana today voted 28 to 22 in favor of SB 326, which seeks to expand the state’s medical marijuana laws. As introduced, SB 326 (1) Expands the number of qualifying conditions for which marijuana may be legally recommended; (2) Increases the amount of marijuana a patient may legally possess; and (3) Prohibits employers and landlords from discriminating against medicinal marijuana patients solely because of their medical status. NORML thanks all of you who took the time to support this important measure, which now moves to the House for consideration. For more information about this and other statewide marijuana law reform efforts in Montana, please contact Montana Patients and Families United or Montana NORML.

Washington: Finally, last week the Senate Judiciary Committee approved SB 5615, which seeks to reduce the penalty for minor marijuana possession offenses to a civil fine of no more than $100. You can listen to audio from the hearing and vote here. This proposal now goes before the Senate Rules Committee, which must take action on the bill to put it before the full Senate. Tell them to do so by going here.

To learn about additional pending legislation in Alabama, Connecticut, Illinois, Minnesota, Missouri, Oregon, Rhode Island, Tennessee, and Texas, please visit NORML’s Legislative Action Alerts page here.

Speaking at a landmark press conference today, California Assemblyman Tom Ammiano (D-San Francisco) introduced comprehensive legislation to tax and regulate the commercial production and sale of cannabis in a manner similar to alcohol.

“With the state in the midst of an historic economic crisis, the move towards regulating and taxing marijuana is simply common sense. This legislation would generate much needed revenue for the state, restrict access to only those over 21, end the environmental damage to our public lands from illicit crops, and improve public safety by redirecting law enforcement efforts to more serious crimes”, Assemblyman Ammiano said. “California has the opportunity to be the first state in the nation to enact a smart, responsible public policy for the control and regulation of marijuana.”

The proposal is the first marijuana legalization bill ever introduced in California.

“It’s time for California taxpayers to stop wasting money trying to enforce marijuana prohibition, and to realize the tax benefits from a legal, regulated market instead,” said Dale Gieringer, director of California NORML, a sponsor of the bill.

As introduced, Ammiano’s measure would allow for the licensed production and sale of cannabis to consumers age 21 and over. Licensed cultivators would pay an excise tax of $50 per ounce of cannabis. In addition, the proposal would impose a sales tax on commercial sales. (Ammiano’s proposal would not affect the state’s medical marijuana law, allowing patients and caregivers to grow their own medicine.)

If enacted, the measure would raise over $1 billion per year in state revenue, according to an economic analysis by California NORML, available online here.

Ammiano’s bill comes at a time of growing public support for legalizing marijuana. A recent Zogby poll reported that nearly six in ten west coast voters support taxing and regulating marijuana like alcohol.

Faced with a $40 billion budget deficit, other public officials have joined in endorsing Ammiano’s bill, including San Francisco Sheriff Mike Hennessy and Betty Yee, a member of the State Board of Equalization, which oversees collection of sales taxes.

Currently, tens of millions of dollars are paid annually in state and local taxes by licensed distributors of medical marijuana. However, these sales only represent a fraction of the overall statewide marijuana market. “The millions of dollars raised each year on the sales of medicinal cannabis is only the tip of the iceberg,” Gieringer said. “Kudos to Assemblyman Ammiano for proposing a path-breaking bill that would benefit our economy, safety and freedom by making marijuana a winning proposition for California.”

Marijuana law reform bills are now pending in nearly two dozen states. Here is this week’s summary of pending state legislative activity and tips on how you can become involved in changing the marijuana laws in your area.

Montana: Lawmakers introduced a measure this week to make minor marijuana offenses a civil violation. House Bill 541 would amend state law so that the possession of up to 30 grams of marijuana is reduced from a criminal misdemeanor (punishable by up to six -months in jail) to a $50 fine. The proposal is now before the House Judiciary, which is expected to hear testimony in favor of the bill in March. You can show your support for HB 541 by going here. Similar pot decriminalization proposals are pending in Vermont, Washington, and Hawaii.

Update!!! Update!!! Update!!!  In related Montana news, the Senate is now anticipated to vote on SB 326, and act to expand the state’s medical marijuana program, by the end of this week.  For more information, please contact Montana Patients and Families United here.

Kentucky: Kentucky legislators are trying to misuse the state’s traffic safety laws to target adults who use marijuana responsibly in the privacy of their own home. It’s up to us to stop them. This week, Senators approved SB 5, which seeks to criminalize anyone who operates a motor vehicle with any detectable level of marijuana in their blood. Under the strict interpretation of this standard, responsible marijuana consumers who last used cannabis days earlier could still be potentially arrested and prosecuted for ‘drugged driving’ — even if they are completely sober. NORML recently testified against a similar proposal in New Hampshire, which legislators rightfully dismissed as improper and illogical. Please help us derail SB 5 in Kentucky by contacting the members House Judiciary Committee and urging them to vote ‘no’ on 5.

New Jersey: The Senate is expected to vote on Monday, February 23, on Senate Bill 119, the New Jersey Compassionate Use Medical Marijuana Act. If passed, this measure would make New Jersey the fourteenth state to allow for the physician-supervised use of medicinal cannabis. Governor Jon Corzine backs the measure, as do many of the state’s largest newspapers. Residents in New Jersey are strongly encouraged to write or call their senators now and urge them to vote ‘yes’ on SB 119.

Washington: Members of the Senate Judiciary Committee heard testimony this week in favor of Senate Bill 565 — an act to reclassify the possession of forty grams or less of marijuana from a misdemeanor to a class 2 civil infraction. You can read about the hearing here, and urge the Committee to back the measure by going here.

To learn about additional pending legislation in Alabama, Connecticut, Illinois, Minnesota, Missouri, Oregon, Rhode Island, Tennessee, Texas, and Virginia, please visit NORML’s Legislative Action Alerts page here.

Marijuana law reform bills are now pending in nearly a dozen states. Here is this week’s summary of pending state legislative activity and tips on how you can become involved in changing the marijuana laws in your area.

Connecticut: Legislators introduced a bill this week to decriminalize the personal use of marijuana. Senate Bill 349 would amend Connecticut law so that adults who possess one ounce of marijuana or less will be issued tickets and assessed a nominal fine in lieu of criminal charges (up to one-year in jail, under current law). In the House, lawmakers will consider HB 5175, which seeks to legalize the medical use of cannabis. (The legislature passed a similar measure in 2007, only to have it vetoed by Gov. Jodi Rell.) Both bills are now before the Joint Judiciary Committee. Please show your support for these efforts here.

Montana: Legislators tabled a pair of bills this week pertaining to the state’s medical marijuana patient registry. Members of the Senate Judiciary Committee today killed SB 212, a measure that NORML strongly opposed. However, in the House, members of the Human Services Committee deadlocked on House Bill 73, which would have allowed patients greater access to medical cannabis. A separate, more comprehensive measure to expand Montana’s medical marijuana program is expected to be introduced imminently.

New Hampshire: House Bill 648, an act to legalize the medical use of marijuana, is now before the House Health, Human Services & Elderly Affairs Committee. A similar bill was narrowly rejected (186-177) by the House in 2007. For more information on this measure, please visit NHCompassion.org or click here.

South Dakota: Lawmakers will hold hearings next week on a pair of bills to protect medical marijuana patients from arrest and jail. House Bill 1127, an act “to provide safe legal access to medical marijuana for certain qualified persons,” will be heard by the House Health and Human Services Committee at 7:45am on Tuesday, February 3. The House Judiciary Committee will hear testimony regarding a separate medical marijuana bill on Wednesday. To attend these hearings or to learn more about how you can support these efforts, please visit South Dakota NORML/South Dakotans for Safe Access or go here.

To learn about additional pending legislation in Minnesota, Missouri, New Jersey, Texas, Virginia, and Washington, please visit NORML’s Action Alerts page here.