In this week’s Legislative Round Up you’ll learn about a national call to action to renew federal legislation protecting hundreds of thousands of patients and providers. In other news, the marijuana movement received support from two leading national veterans groups and several important bills were signed into law at the state level. Keep reading for the latest news in marijuana law reform.
A federal provision limiting the Justice Department from prosecuting state-authorized medical marijuana patients and providers is set to expire at the end of this month. The provision, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” Please visit our #TakeAction Center to contact your federally elected officials and urge them to move quickly to reauthorize the Rohrabacher-Farr Amendment and to keep these important patient protections in place.
In other news of national significance, members of the American Legion passed a resolution to promote research on marijuana’s potential use for treating post-traumatic stress disorder and traumatic brain injury. Additionally, the group called for marijuana to be removed from it’s current Schedule I classification within the Controlled Substances Act. A second veterans group, The American Veterans (AMVETS), also recently resolved that marijuana should be made available to veterans within the VA healthcare system in every state where it is legal.
Delaware: Governor Jack Markell has signed legislation, SB 181, into law permitting designated caregivers to possess and administer non-smoked medical marijuana formulations (e.g. oils/extracts) to qualifying patients “in a school bus and on the ground or property of the preschool, or primary, or secondary school in which a minor qualifying patient is enrolled.”
The measure takes immediate effect. To date, two other states — Colorado and New Jersey — impose similar legislation.
Florida: Another local municipality, New Port Richey, has approved marijuana decriminalization legislation. In a 3-2 vote, the council approved an ordinance providing police the discretion to issue a $155 civil citation in lieu of making a criminal arrest in cases involving less than 20 grams of marijuana. The New Port Richey vote mimics those of nearby municipalities Orlando and Tampa, which passed similar ordinances earlier this year and a wave of South Florida municipalities that passed similar ordinances last year. Under state law, simple marijuana possession is a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine.
Michigan: Lawmakers gave final approval this week to a package of bills, HB 4209/4210, HB 4827, SB 141, and SB 1014, to regulate the retail sale of medical cannabis and cannabis-infused products. The legislation licenses and regulates above-ground, safe access facilities where state-qualified patients may legally obtain medical marijuana, provides qualified patients for the first time with legal protections for their possession and use of non-smoked cannabis derived topicals and edibles, as well as cannabis-based extract products, and establishes regulations tracking the production and sale of medical marijuana products. The measures, which lawmakers had debated for the past two years, now await action by the Governor. #TakeAction
New Jersey: On September 14th, Governor Chris Christie signed legislation, A 457, into law that adds PTSD to the list of qualifying conditions eligible for medical marijuana therapy. More than a dozen states permit medical marijuana access for PTSD treatment. A retrospective review of PTSD patients’ symptoms published in 2014 in the Journal of Psychoactive Drugs reported a greater than 75 percent reduction CAPS (Clinician Administered Posttraumatic Scale) symptom scores following cannabis therapy.
The new law took immediate effect.
Tennessee: Last week the Nashville Metro Council advanced legislation providing police the option to cite rather than arrest minor marijuana offenders. Those cited would face only a $50 fine (or ten hours of community service.) Under state law, such offenses are punishable by up to one-year in prison. A final vote on the ordinance is scheduled for September 20. If you live in Nashville, consider contacting your member of the Metro Council and voicing your support for this common sense reform.
One of the next frontiers in the political battles for marijuana smokers is the need to provide venues where marijuana smokers can socialize with other marijuana smokers in a marijuana-friendly lounge. Under current laws in Washington, Colorado, Oregon, and the District of Columbia, it is perfectly legal for smokers to possess specified amounts of marijuana, but they are only legally allowed to exercise their newly won freedom in their home or as a guest in someone else’s home.
Holland-style coffee shops, or marijuana lounges were not legalized by those early voter initiatives.
This is particularly important to the many tourists who visit those states, as most will have nowhere legal to smoke their legal cannabis. Most hotels don’t allow cannabis consumption, and public marijuana smoking is outlawed – meaning there are a lot of people with no place to go to enjoy their legal bud.
That is about to change.
Can you imagine for a moment what the alcohol scene would look like today if alcohol drinkers were precluded from drinking at bars, and only allowed to drink alcohol in a private home? That would largely eliminate the lively night life scene in every city in America, and it would surely result in the rise of speakeasies, clandestine illegal bars similar to those that arose in several states before the end of alcohol prohibition.
It is equally absurd to suggest that the tens of millions of Americans who smoke marijuana, once it is legalized, will have to limit their marijuana smoking to private homes. There is absolutely no policy justification for this limitation, and smokers will always find a way around it.
The choice: Regulate smoking lounges or smoke-easies will proliferate.
It is the nature of a free market. If the government does not license and regulate the market, those willing to operate in the “grey zone” will fill the void and develop venues where marijuana smokers can socialize with other marijuana smokers. There are currently smoke-easies operating in many cities, in states that have legalized marijuana. But because these are not technically legal, the state and local jurisdiction does not receive the tax revenue, nor can they regulate the qualify or safety of the product. When marijuana is being sold illegally, the products are not tested in a certified laboratory for molds and pesticides, nor is there any way to assure the labeling is accurate as to the strength of the drug.
Marijuana smoking is a social activity better enjoyed with friends, so the only real question is whether these marijuana-friendly clubs will continue to be clandestine, or whether they will be licensed and regulated and above ground.
A licensed and regulated system, with age controls, is far preferable to grey market “smoke-easies.”
This push for smoking lounges is currently being principally fought in Alaska, within the state agency developing the rules for legal marijuana in that state; and in Denver, where two versions for social marijuana use were competing for the November ballot.
The situation in Alaska.
First, let’s look at the Alaska situation. Last November, the Alaska Marijuana Control Board issued draft regulations to define when and where “on-site consumption” would be permitted. The proposed regulations have for several months been open for public comment and were expected to be approved this past week, but that vote has now been delayed until October.
While the proposed regulations are still tentative, marijuana cafes would be permitted in Alaska only in conjunction with an existing marijuana retail store, on the same premises, either indoor or outdoor, but with a separate entrance and separate serving area. A separate license would be required for on-site consumption.
Customers could purchase small amounts of marijuana (1 gram of marijuana, edibles with up to 10 milligrams of THC, or .25 grams of marijuana concentrates) to consume on-site and would not be permitted to bring their own marijuana to smoke on-site. Strangely, an early version of the regulations said the legal smokers would be required to leave any unfinished marijuana behind to be destroyed, although this was met with some strong opposition, and has now been deleted. Customers would now be permitted to reseal their unused marijuana and take it with them. Also, marijuana “happy hours” would not be permitted, although marijuana lounges would be permitted to sell food and non-alcohol beverages.
It appears that Alaska may well become the first state to license marijuana lounges, some of which could be up and running within a few months. It is incredibly important for the legalization movement nationwide for a couple of states to move forward to experiment with new marijuana-friendly venues, to serve as a living experiment, which other states can evaluate when they are facing these same issues down the road. If the initial experience with marijuana lounges is generally successful, and if the lounges do not present any unintended consequences in the communities they serve, other states that legalize marijuana will want to incorporate this specific wrinkle in their policy.
Alaska is set to be our first social use club demonstration.
The Denver, Colorado experience.
Denver presents a different situation, as there the effort to legalize social use venues is being fought by way of a city-wide voter initiative. In fact, there were two competing marijuana lounge initiatives being circulated this fall.
One (proposed by Denver NORML and the Committee for the Responsible Use Initiative in Denver) that would have established licenses for marijuana only (no alcohol) social use clubs and for special events, was a grass-roots undertaking, and despite a valiant effort, the sponsors fell short of the required number of registered voters (5,000), so that proposal will not be on the ballot this fall.
Jordan Person, the chief advocate, said she was surprised by the number of rejected signatures for the group’s private clubs initiative, adding that it underlined the need for more voter registration drives.
“You know, we’re not going to stop,” she told me, arguing that private clubs are the better solution to the need for places where people, including tourists, can consume marijuana together.
The second proposal for social use clubs was proposed at the last minute, offered as a competing initiative by the Cannabis Consumption Committee, an industry group that had qualified a similar measure for the ballot in 2015 before pulling it from the ballot at the last minute, in a failed attempt to work with the City Council. Over a thirty-day period, with industry funding, the group managed to collect 10,800 signatures to qualify.
(One would naturally ask why there would be competing social use voter initiatives; were they so different that a reasonable compromise could not have been reached, offering a united social use initiative? The answer, of course, is that individual personalities and egos naturally get involved, and in this case, despite an extraordinary effort by Denver NORML attorney Judd Golden and Executive Director Jordan Person to reach an accord with the industry group, in the end, a compromise was not possible. So we were left with two competing social use initiatives being circulated for signatures in Denver.)
The initiative that did qualify for the ballot would permit certain bars and restaurants to obtain a social use license in which marijuana edibles and vaporizers could be used, but no marijuana could be smoked (because of Colorado’s strong indoor clean air act), and approval would have to be obtained from neighborhood groups and business improvement districts before any such license could be awarded. This requirement may well prove a somewhat challenging proposition in today’s world of NIMBY (not in my backyard), as neighborhood groups may be fearful of the social consequences of allowing marijuana products to be consumed in conjunction with alcohol.
The proposal would establish a four-year pilot program, requiring the city to study the measure’s effectiveness. By the end of 2020, the City Council could allow it to expire, make it permanent or tweak its provisions.
So we are left in Denver with a proposal that we should all support, as it moves us a little closer to the goal of being allowed to smoke marijuana with friends in a social setting, outside a private home. But it remains to be seen how many neighborhood associations are likely to allow the issuance of licenses. Nonetheless, it does recognize the need for responsible marijuana smokers to have a place to congregate where they can socialize with other smokers. And we should all do what we can to get the Denver social use initiative approved by the voters in November.
It’s certainly not a perfect social use initiative, assuming the goal remains to treat marijuana like alcohol, but as this is new territory for the legalization movement, we should use this proposal to try to demonstrate that social use clubs are a viable alternative to the current policy of limiting marijuana smoking to a private home.
The most current polling suggests the proposal is favored by a clear majority (56 percent) of voters in Denver.
Laboratories of democracy.
As former U.S. Supreme Court Justice Louis Brandeis famously said, “a state may, if its citizens choose, serve as a laboratory and try novel social and economic experiments without risk to the rest of the country.” The city of Denver and the state of Alaska are exercising that important role as we move forward with new and improved versions of legalization. What we learn from these initial experiments with marijuana social clubs will inform subsequent cities and states in the coming years.
As more and more states continue to embrace some form of legal cannabis, it’s important that we begin to examine what partnership opportunities exist among the thousands of emerging cannabis-related companies that are eager to promote their products and/or services to NORML’s vast network of cannabis consumers and advocates. But where do we begin? From marketing and public relations, to growing supplies and consumer products, the possibilities are endless.
After much consideration, NORML has decided to engage in partnerships with companies that genuinely support our organization’s mission of reforming cannabis laws on the local, state and federal level. These are companies that understand the need to invest in ending the mass incarceration of nonviolent marijuana consumers and that are committed to ending the federal prohibition of marijuana.
With that said, please join us in welcoming Black Rock Originals as an official sponsor of NORML. Like our other partners, Black Rock Originals founders Tommy Joyce and Nick Levich, are committed to seeing the federal prohibition of cannabis come to an end. Founded in 2014, Black Rock Originals designs, markets and distributes the “Safety Case,” a discreet, travel-friendly cannabis kit for the modern consumer. From rolling and smoking to vaporizing and dabbing, their convenient kit has all the essentials a cannabis consumer would need while on the go.
“I believe it’s imperative for both companies and consumers in the cannabis space to vote with their dollar. Consumers have the power to educate themselves and support cannabis businesses who are positively impacting the industry’s legalization efforts, and in turn, that revenue can be allocated to supporting the critical reform efforts our fledgling industry needs,” Tommy said. “ We pride ourselves on providing a high level of service with an emphasis on transparency and education – two values that the cannabis industry has traditionally struggled to embrace.”
Through the support of responsible cannabis-related companies like Black Rock Originals that believe in NORML’s mission, we will be able to continue and expand our efforts to end the war on responsible cannabis consumers.
In this week’s Round Up we’ll update you regarding the status of a number of state and local ballot measures, and we’ll also highlight new legislation signed into law this week in Delaware. Plus we’ll give you the details on the latest Governor to endorse marijuana decriminalization. Keep reading below to get this week’s news in marijuana law reform!
Arizona: The Supreme Court this week rejected a lawsuit that sought to prohibit Proposition 205, the Arizona Regulation and Taxation of Marijuana Act, from going before voters this November. The Act allows adults twenty-one years of age and older to possess and grow specified amounts of marijuana (up to one ounce of marijuana flower, up to five grams of marijuana concentrate, and/or the harvest from up to six plants). It creates a system for licensed businesses to produce and sell marijuana and establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana.
Voters in four additional states, California, Maine, Massachusetts, and Nevada, will also be deciding on similar adult use initiatives on Election Day.
Arkansas: The Secretary of State’s office this week certified that a competing medical marijuana initiative, the Arkansas Medical Marijuana Amendment, will also appear on the electoral ballot in November. Unlike Issue 7, The Arkansas Medical Cannabis Act, this second initiative does not include provisions allowing eligible patients to cultivate their own cannabis at home.
Statewide polling reports greater public support for the Medical Cannabis Act. Under state law, if voters approve both measures the one that receives the greatest number of votes will become law.
Voters in three additional states, Florida, North Dakota, and Montana, will decide on similar medical use measures in November. In Missouri, campaigners are litigating to ask the courts to review signature totals in the state’s second Congressional district.
Colorado: A municipal initiative effort that sought to permit for the adult use of marijuana in licensed establishments failed to qualify for the November ballot. The Responsible Use Denver initiative, backed by Denver NORML, needed 4,726 signatures to qualify for inclusion on November ballot. The campaign submitted more than 7,500 signatures, but just 2,987 were verified as eligible by the Denver Elections Division. The Campaign posted: “We are sad to report that our language did not make the November ballot. We plan to continue pushing the conversation with the city of Denver. Our opinion remains the same, that we have what we feel is the best solution for the city of Denver. Thank you to everyone that has supported us on this journey.” City officials did confirm that a separate municipal initiative seeking to establish a ‘Neighborhood-Supported Cannabis Consumption Pilot Program’ will appear on November’s ballot.
Delaware: Governor Jack Markell signed legislation into law this week permitting terminally ill patients to access medical cannabis. House Bill 400 (aka ‘Bob’s bill’) permits physicians to recommend cannabis therapy to terminally ill adults. It also permits those under 18 to access CBD products if they are suffering from “pain, anxiety, or depression” related to a terminal illness.
The new law takes effect at the end of November.
Oklahoma: State Question 788, a statewide initiative to establish a state-licensing system to permit eligible patients to possess and cultivate personal use quantities of cannabis for therapeutic purposes, is unlikely to appear on the 2016 electoral ballot. Although the Secretary of State has certified that initiative proponents collected sufficient signatures, proponents are now challenging the attorney general’s rewording of the ballot title. The legal challenge could force the issue to be decided in a special election. Updated information regarding this initiative campaign may be found on NORML’s 2016 initiatives page.
Pennsylvania: Governor Tom Wolf expressed support for marijuana decriminalization this week stating, “too many people are going to prison because of the use of very modest amounts or carrying modest amounts of marijuana, and that is clogging up our prisons, it’s destroying families, and it’s hurting our economy.”
Marijuana decriminalization legislation, House Bill 2076, is currently pending before members of the House Judiciary committee. The legislation would amend the state’s controlled substances act so that minor marijuana possession offenses are considered a non-criminal offense. Contact your state House members and urge them to support this common sense legislation. #TakeAction
Tennessee: Members of the Nashville Metro Council voted 32 to 4 to approve legislation to lessen local marijuana possession penalties. The proposal amends penalties for the possession of or exchanging of up to one-half ounce of marijuana to a $50 civil penalty or 10 hours of community service. The vote was the first of three the bill will receive; it is the first time a marijuana decriminalization measure was considered by the legislative body.
Under current state law, individuals convicted of possession of less than one ounce of marijuana face a misdemeanor charge that is punishable of up to one year in jail and a $2,500 fine. If you live in Nashville, consider contacting your Council member and urging them to support this common sense measure.
Statewide marijuana legalization efforts in Ohio have proven to be more difficult than many expected. After Ohio voters overwhelming rejected Issue 3 – a well-funded ballot initiative, that would have legalized the possession of up to one ounce of marijuana for adults 21 and over, but also contained severe restrictions with regard to retail production of the plant – many advocates promised to return with a better plan for marijuana consumers. But those plans were quickly derailed after the Ohio General Assembly established a limited, yet workable medical marijuana program with the passage of House Bill 523.
With no statewide initiative, many activists decided to shift their focus to working with state lawmakers to strengthen HB 523 by expanding access and advocating for amendments to permit for home cultivation for patients and caregivers. And since the possession of less than 100 grams (roughly 3.5 ounces) of marijuana is considered a “minor misdemeanor,” punishable by a maximum fine of $150 plus $100 in court costs, some activists found themselves complacent with the status quo. After considering these points, members of Ohio Chapter of the National Organization for the Reform of Marijuana Laws (NORML) decided to explore reform options on the local level.
Taking a page out of their own playbook, Eleanor Ahrens and Chad Thompson, led by executive director Cher Neufer, decided they would retool a local decriminalization measure that was approved by Toledo voters in 2015. With this strategy the group set their sights on several municipalities across the state. Activists in the municipalities of Newark Bellaire, Bellevue, Cleveland, Elyria, Logan, Huron, Athens and Norwood, as well as in Lucas County, started to collect signatures for a “complete decriminalization” measure that would further decriminalize the possession of up to 200 grams of marijuana flower, up to 10 grams of concentrates, paraphernalia, by removing all fines and court costs.
“Complete Decrim is a new innovative way to make any misdemeanor offense basically legal,” Neufer said. “With no fines, no jail time, no drivers license suspension, and no court costs, we are making the police just walk away from misdemeanor marijuana offenses as if it were a legal substance.”
To date, the group has successfully qualified the measure for the municipal ballot in the cities of Newark and Logan this November, but fell short in the city of Athens. Activists with Ohio NORML plan to continue their effort. An effort that could extend well into 2017. For more information about or to get involved with Ohio NORML, please email firstname.lastname@example.org today!