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NORML Chapters

  • by Dan Viets, Executive Director, Missouri NORML June 20, 2017
    Dan Viets speaking at a NORML conference

    Dan Viets speaking at a NORML conference

    Federal courts have recently rejected the actions of university and college administrators who sought to inflict suspicionless drug tests on students at a public college and to restrict the First Amendment rights of marijuana law reformers at a public university.  Both decisions have important national implications.

    Linn Tech Student Drug Testing Case

    In 2011, Linn State Technical College administrators declared that they intended to drug test every student who applied for admission to the small, state-funded college located in Osage County, Missouri, a short distance east of Jefferson City.  No other public college or university in America had pursued such a program.  It seemed clear to those who follow such matters that college and university students have the same rights as other adults to be free from unreasonable searches and seizures.  While private institutions are not bound by the restraints of the Fourth Amendment, public tax-supported institutions are.  Nonetheless, Linn Tech seemed determined to pursue inflicting random, suspicionless drug testing on their students.

    Tony Rothert, the Legal Director of the ACLU of Missouri, filed suit against Linn Tech.  I filed a “friend of the court” brief on behalf of Students for Sensible Drug Policy, working with Alex Kreit, a law professor from San Diego.

    U.S. District Court Judge Nanette Laughrey, sitting in Jefferson City, subsequently issued a decision prohibiting such testing, with a few narrowly-drawn exceptions for those participating in training programs involving heavy machinery or high-voltage electricity.

    Linn Tech appealed that decision to the Eighth U.S. Circuit Court of Appeals in St. Louis.  Legal scholars were shocked when a three-judge panel of that Court later sided with Linn Tech.  In a decision which many believed ignored legal precedent and logic, two of three judges on the panel which initially heard the case sided with Linn Tech.

    Mr. Rothert then filed for a rehearing of the case by the full 11-judge Court.  Such hearings are rarely granted, but in this case, the Motion was granted.  Following that rehearing, all but two of the judges on the full Court sided with the students and the ACLU, overturning the decision of the three-judge panel.

    Still not satisfied, Linn Tech squandered more public tax money pursuing a Petition for Certiorari with the United States Supreme Court.  Civil libertarians were concerned that the current high Court might indeed overturn the Eighth Circuit if it had accepted that Petition for review.  However, on June 5, 2017, the U.S. Supreme Court denied further review in this matter.  Therefore, the decision of the Eighth U.S. Circuit Court is now the final decision in this matter.  Linn Tech administrators have reluctantly acknowledged that they must now follow the Constitution and abandon their effort to impose suspicionless drug testing on their students.

    Iowa State University NORML Censorship Case

    In another important case closely watched by many across the nation, members of the NORML Chapter at Iowa State University in 2012 applied for approval to print t-shirts which contained the name of the university-recognized organization and included an image of the school’s mascot, “Cy, the Cyclone”.  University administrators first approved those t-shirts, but when the ISU NORML Chapter asked to reprint them, the university caved in to pressure from legislative staff people who had complained that it appeared the university was supporting marijuana legalization.

    The Foundation for Individual Rights in Education (FIRE) filed suit on behalf of the officers of the Iowa State University NORML Chapter, alleging content and viewpoint discrimination.  The lawsuit sought to prevent university administrators from treating the NORML Chapter differently from other university-recognized student organizations.  The federal district court in Iowa sided with the students and against the university.  The university appealed to the Eighth U.S. Circuit Court of Appeals in St. Louis, which issued a decision in February of this year upholding the federal district judge’s ruling.

    Iowa State University administrators then asked the Eighth U.S. Circuit Court to reconsider its decision.  The Court did so, which caused many to fear that they might change their minds.

    However, on June 13, 2017, the Eighth U.S. Circuit Court reaffirmed its earlier decision and went even further, holding that university administrators who prevented the ISU NORML Chapter from using the university’s trademarked images were individually liable for their actions and could, therefore, be ordered to pay damages from their own pockets!

    Administrators at the University of Missouri in Columbia have taken similar actions in regard to the MU NORML Chapter.  It is hoped that the decision of the Eighth U.S. Circuit will encourage MU administrators to reconsider their position.

    The federal appellate court sent a loud and clear message to university administrators that they are required to respect the Constitutional rights of students, including those who advocate for reform of the marijuana laws.

    While Iowa State could do as Linn Tech administrators did and continue to squander more public tax money pursuing an ill-considered position, it is not at all likely the U.S. Supreme Court would grant further review in this matter.

    Administrators at the University of Missouri in Columbia have taken similar actions in regard to the MU NORML Chapter.  It is hoped that the decision of the Eighth U.S. Circuit will encourage MU administrators to reconsider their position.

    These two decisions have reaffirmed the rights of college and university students to be free from random, suspicionless drug testing and to speak out for drug law reform without censorship by administrators..

     

  • by Troy Smit, Communications Director, Empire State NORML June 15, 2017

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    Lobby Day
    The Drug Policy Alliance, along with other campaign pillar groups Empire State NORML, VOCAL-NY, Cannabis Cultural Association, LatinoJustice and the Immigrant Defense Project, held a press conference and lobby day to announce the Start Sensible Marijuana Access through Regulated Trade (Start SMART) campaign to advocate for the substantially amended version of the Marijuana Regulation and Taxation Act (MRTA) this past Monday, June 12th.

    Dozens of activists from all around the state took buses, drove cars and rode trains to Albany to join the campaign in launching and lobbying for the legalization bill. After the excellent citizen lobby day training provided by the Drug Policy Alliance, the group split up to divide and conquer before the press conference hitting as many offices as they could as well as attending scheduled meetings.

    In the afternoon the press conference was held in front of the Senate Chambers. Joining advocates at the press conference were the MRTA’s prime sponsors in both houses, Senator Liz Krueger (D-New York) and Assemblymember Crystal Peoples-Stokes (D-Buffalo), as well as key MRTA sponsors including: Assemblymember Dick Gottfried (D-New York), Senator Jamaal Bailey (D-Bronx), Senator Jesse Hamilton (IDC-Brooklyn), Senator Gustavo Rivera (D-Bronx), Assemblymember Walter Mosley (D-Brooklyn) and Assemblymember Michael Blake (D-Bronx). We also heard from representatives of Start SMART pillar groups, Drug Policy Alliance (Kassandra Frederique), Empire State NORML (Doug Greene), LatinoJustice (Juan Cartagena), VOCAL-NY (Nick Malinowski), Immigrant Defense Project (Mizue Aizeki) and Cannabis Cultural Association (Nelson Guerrero and Jacob Plowden).

    Afterwards the group of dedicated activists went back to work. Some went to the Senate and Assembly chambers to pull their members off the floor to seek their support of the new bill, while others continued dropping off materials at the offices of legislators who have voted for further decriminalization but haven’t supported taxation and regulation of marijuana.

    The Start SMART campaign

    The substantially amended MRTA would reestablish a legal market for marijuana in New York and create a system to tax and regulate marijuana in a manner similar to alcohol and the craft brewery industry, for adults over the age of 21. Over the past twenty years, nearly 800,000 people have been negatively affected by the harms of prohibition. With people of color accounting for nearly 85% of those arrested annually for possession, the collateral consequences are felt most in these communities. Because of the racial injustice caused by prohibition, the bill is not only an end to prohibition in New York, but also a win in the ongoing fight for racial equality. Significant steps are taken to ensure that those most negatively affected by prohibition will benefit from its repeal.

    The reworked Marijuana Regulation and Taxation Act (MRTA) includes substantial racial justice and small business-friendly amendments, including:

    • Creating a micro-license structure, similar to New York’s rapidly growing craft wine and beer industry, that allows small-scale production and sale plus delivery to reduce barriers to entry for people with less access to capital and traditional avenues of financing.
    • Establishing the Community Grants Reinvestment Fund, which will invest in communities that have been disproportionately impacted by the drug war through job training, economic empowerment, and youth development programming.
    • Ensuring diversity in New York’s marijuana industry by removing barriers to access like capital requirements and building inclusivity by allowing licensing to people with prior drug convictions. Only people with business-related convictions (such as fraud or tax evasion) will be explicitly barred from receiving licenses

    Start SMART NY is a campaign to end marijuana prohibition and repair the harms to communities convened by the Drug Policy Alliance in partnership with groups dedicated to ending marijuana prohibition, including Empire State NORML.

    NY resident? Click here to send a message to your lawmakers in support of the bill. 

    Make sure to visit Empire State NORML’s website by clicking here and follow them on Facebook and Twitter.

    Click here to see the press release from earlier in the week. and click here to go to the Start SMART NY website

  • by Chris Thompson, Executive Director, Las Vegas NORML May 21, 2017

    1294bbf7-8ed0-450d-9f98-5f7fd0090ae4With state lawmakers in Nevada quickly approaching their fast-tracked deadline of July 1st to implement the state’s new adult-use marijuana program, NORML is focused on ramping up our activism efforts in Las Vegas!

    Over the past two months, we’ve been busy planning, attending legislative hearings, tabling at events, doing community outreach, volunteering at our local community garden, and more to get the word out about our new chapter, and post-legalization activism in Las Vegas.

    So far during the 2017 legislative session, there have been several key pieces of legislation introduced. One of the most important bills that we’re currently pushing is Senator Tick Segerblom’s SB 329, which would safeguard many protections for marijuana patients and the legal marijuana industry. These protections include re-establishing patient grow rights, allowing medical marijuana research facilities, allowing marijuana establishments to be organized as a corporation, and adds PTSD as a qualifying condition for medical marijuana.

    Another important piece of legislation that we’re watching closely is SB 236; if adopted by lawmakers, this legislation would permit social use marijuana clubs across Nevada. With the issue of social marijuana consumption quickly becoming a main issue for marijuana advocates in post-legalization states, Las Vegas NORML believes this legislation would be the first step in providing marijuana consumers with a safe and legally defined space to responsibly consume their legally purchased marijuana.

    To learn more, join us for our next meeting on Tuesday, May 23rd where we’ll discuss the various pieces of marijuana-related legislation in Nevada! Get involved and invite your friends!

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    Creating a Space for Marijuana Activism

    We’re at a crucial time in the legislative session, so we need our members and supporters to speak-up for Nevada marijuana consumers by urging their representatives to support marijuana-related legislation. To help facilitate this, Las Vegas NORML has organized a postcard writing party! This will give everyone a chance to share their personal stories and reasons why they support marijuana legislation with their lawmakers.

    We also have two guest speakers from Nevada’s marijuana industry that will be joining us: DB Labs and Sahara Wellness. DB Labs will be educating our members on marijuana testing in Nevada, and Sahara Wellness will be sharing their story of helping patients in the community. Plus we’ll have event sign-ups, membership packages, legislative updates, and even FREE SNACKS! Who can say no to that?

    Be sure to RSVP using our Facebook Event Page, and invite all of your friends in Las Vegas!

    For more information on Las Vegas NORML, please find us on Facebook, Twitter, Instagram, or email us at LasVegasNORMLchapter@gmail.com.

  • by Jordan Person, Executive Director, Denver NORML May 15, 2017

    14963351_1825384024368232_2740677872685265191_nCurrently marijuana is legal to purchase, possess and consume in the state of Colorado, but the question is: Where can it be legally consumed? Well, if you happen to be in the city of Denver (or most anywhere else in Colorado) the answer is very simple: marijuana can only be legally consumed in a private residence. But what if your landlord won’t allow it or you are one of the thousands of tourists who regularly visits our great city? It appears that we’ll have to continue to wait for state lawmakers to answer that question.

    Denver Moves Forward with Social Consumption

    Last November, Denver voters passed I-300; a social use initiative that approved the commingling of marijuana and alcohol in bars and restaurants across Denver. Obviously a much different approach when compared to Denver NORML’s Responsible Use Campaign and something the State of Colorado disagreed with. In response, the State of Colorado adopted language making it clear that liquor licenses would not be allowed to permit the consumption of marijuana on their premises. According to the Denver Post, this change went into effect on January 1st of this year and vastly changed the intent of I-300.

    “We all want adult consumption everywhere, but this is reality,” said Judd Golden, Legal Counsel for Denver NORML. The news of removing language that allowed the commingling of alcohol and marijuana frustrated proponents of I-300 so a lawsuit was filed against the State of Colorado to push the issue.

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    Kevin Mahmalji, outreach director for NORML shared his thoughts on combining the two substances. “As it currently stands, we can easily make the argument that marijuana is safer than alcohol, because the two are separated. If we allow the two to be mixed, any incident fueled by alcohol could potentially be blamed on marijuana. That’s why I believe responsible adults deserve their own space to consume marijuana similar to those who enjoy craft beer or cigars.”

    In addition to the state’s decision to prevent the commingling of marijuana and alcohol, the City of Denver created the Social Consumption Advisory Committee that consisted of 22 influential decision makers – ranging from city officials to marijuana business owners – to go over the language line by line. The group met six times over several months and offered countless suggestions to improve the original language of I-300. Including a recommendation that would require patrons to sign a waiver before entering consumption areas. Essentially providing a layer of protections against unwanted exposure by non-consumers and those under 21 years of age. A recommendation that Denver NORML fully supports.

    The 12 page document lists pages and pages of suggestions to make the law work effectively for the city of Denver. Last week the draft rules were finally posted.

    Push for Social Consumption Statewide: SB-184

    In addition to our work on the local level, members of Denver NORML spent a lot of time at the state Capitol educating lawmakers on social consumption and the need for a legislative solution. The result? SB-184, which would have empowered local governments to permit private marijuana clubs and better defined what “open and public” means to marijuana consumers. Once the bill was introduced, Denver NORML organized two citizen lobby days with more than 45 participants followed by months of face to face meetings with state lawmakers in support of a statewide solution.

    Unfortunately during the final weeks of Colorado’s legislative session, many things with the bill began to change. Most notably, the bill’s sponsors tried to include language that would have criminalized marijuana consumption on the front porch of a private residence and aimed to exclude a newly established cannabis church from operating as a marijuana club. Thankfully the Senate and the House could not come to a consensus and the bill died in committee on the last day of the 2017 legislative session.

    Until state lawmakers are willing to pass legislation that will provide a set of rules and protections for business owners and marijuana consumers to responsibly consume marijuana, Colorado municipalities will continue to struggle with this issue.

    With the Denver’s Social Consumption Advisory Committee wrapping up its final meeting and Colorado’s legislative session coming to an end, there are still a lot of unanswered questions surrounding the social consumption of marijuana in Colorado.

    Denver NORML will apply the lessons learned this year and with their allies, continue to push for statewide reform in the next legislative session.

    For more updates on local reform efforts, follow Denver NORML by visiting their website and on Facebook and Twitter!

  • by Kevin Mahmalji, NORML Outreach Coordinator May 11, 2017

    11926482_725769350861687_111475490193713040_oMarijuana activists across Michigan are gearing up for a renewed effort to legalize marijuana for adults 21 and up. Last week the Coalition to Regulate Marijuana Like Alcohol took the first steps to qualify their new proposal for the 2018 ballot by formally submitting language to the State of Michigan for review.

    If passed by voters, adults 21 and up will be able to legally possess 2.5 ounces of marijuana, and grow up to 12 marijuana plants in their residence. For retail sales, a 10 percent tax will be applied. Tax revenues are expected to be used for schools, roads, enforcement costs and a unique study that will examine the use of medical marijuana to prevent veteran suicides.

    If you’ve been following legalization efforts in Michigan, you’re probably aware that advocates pushed for a similar initiative in 2016. However after collecting more than 350,000 signatures – more than enough to qualify for the ballot – Governor Rick Snyder signed legislation that disqualified the measure from the ballot, a decision the state appellate courts let stand.

    This changed everything. Organizers of the effort quickly went from having more than enough signatures to needing over 100,000 to make the ballot. However, refusing to accept defeat, many involved in the campaign quickly regrouped and shifted their focus to the 2018 ballot.

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    With the backing of Michigan NORML, the Marijuana Policy Project, MI legalize, Drug Policy Alliance, the National Patients Rights Association, the Michigan Cannabis Coalition and several others, campaign organizers and volunteers are confident they now have the resources and support needed to be successful.

    “Michigan NORML is pleased to have been included in negotiations over the language filed in Michigan by the Committee to Regulate Marijuana Like Alcohol. The initiative includes best practices from around the country,” said Matthew Able, executive director of Michigan NORML. “We expect to collect the necessary 253,000 signatures over the next six months, and look forward to approval by the Board of Canvassers so that we may begin the petitioning process.”

    If approved, Michigan will become the ninth state to legalize marijuana for adults 21 and up following Colorado, Alaska, California, Oregon, Maine, Massachusetts, Nevada and Washington.

    TAKE ACTION: Contact federal lawmakers to demand an end to the federal prohibition of marijuana by supporting HR 1227.

    Click here to get started!

    For future updates on marijuana law reform efforts in the Wolverine State, follow Michigan NORML by visiting their website and Facebook page! To make a donation or to join Michigan NORML, please click here!

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