Democrat Gov. Martin O’Malley today signed two separate pieces of legislation reforming the state’s marijuana laws.
Senate Bill 364 amends existing penalties for marijuana possession offenses involving ten grams or less from a criminal misdemeanor (presently punishable by arrest, up to 90 days in jail, a $500 fine, and a criminal record) to a non-arrestable, non-criminal fine-only offense ($100 fine for first-time offenders, $250 for second-time offenders). The new depenalization law takes effect on October 1, 2014.
House Bill 881 seeks to provide for the state-licensed production and dispensing of marijuana to qualified patients who possess a written certification from their physician. The new law will take effect on June 1, 2014, at which time the state shall establish a commission to draft rules and regulations overseeing the production and distribution of medical marijuana. However, the licensing program is not anticipated to be up and running until 2015.
Maryland is the 18th state to depenalize minor marijuana possession offenses to a non-arrestable offense. It is the 21st state to allow for the doctor-recommended access to medicinal cannabis.
Lawmakers in Alabama and Utah recently approved legislation seeking to authorize the physician-supervised use of varieties of cannabis and/or extracts high in the non-psychotropic cannabinoid cannabidiol (CBD). Both measures, which I previously summarized as ‘largely unworkable,‘ have now been signed into law.
In recent days, lawmakers in three additional states — Kentucky, Mississippi, and Wisconsin — have similarly signed off on CBD-explicit legislation. These measures are now awaiting signatures from each states’ respective Governors.
Similar to Alabama’s SB 174 (aka ‘Carley’s Law), which only permits the use of CBD by prescription during the course of an FDA-approved clinical trial, the pending Kentucky and Wisconsin bills may also be classified as ‘research-centric’ measures. Kentucky’s SB 124 permits physicians “practicing at a hospital or associated clinic affiliated with a Kentucky public university” to “dispense” cannabidiol during the course of an FDA-approved clinical trial. Wisconsin’s AB 726 similarly limits those who may legally dispense CBD to only include those physicians who have obtained an FDA-issued investigational drug permit to prescribe it. In Tennessee, lawmakers are also close to finalizing similar language (included in HB 2461 and SB 2531) that seeks to allow university clinical researchers to “manufacture” and “dispense” high-CBD cannabis oil “as part of a clinical research study on the treatment of intractable seizures.” (By contrast, separate, broader medical cannabis measures seeking to authorize the use of the whole plant failed this year in all three states.)
As I’ve previously written here and here, it is unlikely that specific changes in state law will stimulate these type of proposed clinical trials from taking place in these states any time soon. Because CBD is acknowledged by federal regulators to be classified as a schedule I prohibited substance, multiple federal agencies — including the FDA, DEA, NIDA (US National Institute of Drug Abuse), and PHS (Public Health Service) must all sign off on any clinical investigation of the cannabinoid — a process that typically takes several years. A keyword search of FDA-approved clinical trials using the terms “cannabidiol” and “United States” yields fewer than ten ongoing human trials involving CBD — less than half of which are assessing its potential therapeutic application. (Two additional safety trials assessing the use of GW Pharmaceutical’s patented high-CBD formulation Epidiolex in children with severe epilepsy are also ongoing.)
Unlike the above-mentioned measures, Mississippi’s HB 1231, does not seek to encourage state-sponsored clinical trials. Rather, the measure exempts specific high-CBD formulated oils “that contain more than fifteen percent cannabidiol [and] … no more than one-half of one percent of tetrahydrocannabinol” from the state’s definition of a schedule I prohibited substance. However, like Utah’s HB 105 (aka ‘Charlee’s Law), Mississippi’s pending law does not provide guidance as to where patients could legally obtain such extracts. Though such high-CBD products are presently available in a limited number of medical cannabis states (such as in California and Colorado), these extracts are typically only available to in-state residents who possess authorization from a physician licensed to practice in that state. (Although Colorado state law also allows for a recreational cannabis market, which may be legally accessed by out-of-state residents, at present time such high-CBD concentrates are seldom available at retail outlets.)
Additional cannabidiol-specific measures also remain pending in Florida and South Carolina, among other states. NORML will report on these measures as they progress and we will continue to express caution in regards to their practical utility for those patients who require immediate access to whole-plant cannabis and its variety of naturally-occurring compounds.
Maryland lawmakers have given final approval to legislation to eliminate criminal penalties for minor marijuana possession offenses.
Members of the state House of Delegates on Saturday passed the measure by a vote of 78 to 55. Members of the Senate on Monday approved the bill by a vote of 34 to 8. Democrat Gov. Martin O’Malley acknowledged that he intends to sign the bill into law.
The forthcoming law reduces existing penalties for marijuana possession offenses involving ten grams or less from a criminal misdemeanor (presently punishable by arrest, up to 90 days in jail, a $500 fine, and a criminal record) to a non-arrestable, non-criminal fine-only offense ($100 fine for first-time offenders, $250 for second-time offenders).
The new law will take effect on October 1, 2014.
According to a recent ACLU report, Maryland in 2010 possessed the fourth highest rate of marijuana possession arrests per capita of any state in the country.
Maryland’s pending law is similar to existing decriminalization laws in California, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, Rhode Island, and Vermont where private, non-medical possession of marijuana is treated as a civil, non-criminal offense.
Five additional states – Minnesota, Mississippi, Nevada, North Carolina, and Ohio – treat marijuana possession offenses as a fine-only misdemeanor offense.
Three states – Alaska, Colorado, and Washington – impose no criminal or civil penalty for the private possession of small amounts of marijuana.
In March, lawmakers for the District of Columbia also approved legislation reducing penalties for the possession or transfer of up to one ounce of marijuana from a criminal misdemeanor (punishable by up to 6 months incarceration and a maximum fine of $1,000) to a civil violation (punishable by a $25 fine, no arrest, no jail time, and no criminal record). The measure is subject to a 60-day review period by members of Congress before it can become District law.
Maryland lawmakers on Monday also approved separate legislation amending the state’s existing medical marijuana law, which had been largely nonfunctional. The pending law will allow for qualified patients to obtain cannabis for therapeutic purposes from state-licensed producers and distributors.
Seventy-five percent of Americans believe that the sale and use of cannabis will eventually be legal for adults, according to national polling data released this week by the Pew Research Center. Pew pollsters have been surveying public opinion on the marijuana legalization issue since 1973, when only 12 percent of Americans supported regulating the substance.
Fifty-four percent of respondents say that marijuana ought to be legal now, according to the poll. The total is the highest percentage of support ever reported by Pew and marks an increase of 2 percent since 2013. Forty-two percent of respondents said that they opposed legalizing marijuana for non-therapeutic purposes. Only 16 percent of Americans said that the plant should not be legalized for any reason.
Demographically, support for cannabis legalization was highest among those age 18 to 29 (70 percent), African Americans (60 percent), and Democrats (63 percent). Support was weakest among those age 65 and older (32 percent) and Republicans (39 percent).
Seventy-six percent of those surveyed oppose incarceration as a punishment for those found to have possessed personal use quantities of marijuana. Only 22 percent of respondents supported sentencing marijuana possession offenders to jail.
Fifty-four percent of those polled expressed concern that legalizing marijuana might lead to greater levels of underage pot use. (Forty-four percent said that it would not.) Overall, however, respondents did not appear to believe that such an outcome would pose the type of significant detrimental health risks presently associated with alcohol. As in other recent polls, respondents overwhelmingly say that using cannabis is far less harmful to health than is drinking alcohol. Sixty-nine percent of those polled said that alcohol “is more harmful to a person’s health” than is marijuana. Only 15 percent said that cannabis posed greater health risks. Sixty-three percent of respondents separately said that alcohol is “more harmful to society” than cannabis. Only 23 percent said that marijuana was more harmful.
The Pew poll possesses a margin on error of +/- 2.6 percent.
Commenting on the poll, NORML Deputy Director Paul Armentano said: “Advocating for the regulation of cannabis for adults is not a fringe political opinion. It is the majority opinion among the public. Elected officials who continue to push for the status quo — the notion that cannabis ought to be criminalized and that the consumers of cannabis ought to be stigmatized and punished — are holding on to a fringe position that is increasingly out-of-step with the their constituents’ beliefs.”
This afternoon, “The Simple Possession of Small Quantities of Marijuana Decriminalization Amendment Act of 2013” was signed by the mayor after being approved by the city council in a 10 to 1 vote. This measure amends the punishment for the possession or transfer of up to one ounce of marijuana from a criminal misdemeanor (punishable by up to 6 months incarceration and a maximum fine of $1,000) to a civil violation (punishable by a $25 fine, no arrest, no jail time, and no criminal record).
“DC has the most egregious racially disparate marijuana arrests of any city in the country,” stated NORML Communications Director Erik Altieri, “This measure is a great first step in ending the devastation marijuana arrests have on the city’s communities and will allow law enforcement to better allocate their resources towards more dire crimes.”
NORML commends Councilman Tommy Wells on championing the measure through the city council.
“This is a victory for the District and a victory for justice. This bill is a tremendous stride to end the disproportionate sociological and economic impact of marijuana arrests on African Americans – arrest that pull families apart and keep our residents from jobs, higher education and housing opportunities,” Councilman Tommy Wells said about the bill signing.
Due to federal oversight of the District, this measure will not officially become law until it is received by the US Congress and undergoes a period of review. This review period is likely to extend into late summer, we will update you when it has been finalized. If Congress choses not to act to overturn the measure, it becomes DC law.