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  • by Allen St. Pierre, NORML Executive Director November 20, 2014

    The Congressional Research Service (CRS) released a comprehensive thirty five-page report last week examining the federal government establishing a wholesale excise tax on the production and sale of cannabis-related products.
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    In what is one of the most comprehensive policy and fiscal reviews to date of how cannabis can be taxed and regulated numerous areas of consideration were reviewed including enforcement, discouraging youth use, choosing the base to tax (i.e., weight, potency and price), restrictions, labeling, measurement, special tax rates, home production and medical cannabis. Members of Congress initiate these reports to CRS.

    CRS’ economic analysis indicates that cannabis prices are likely to fall from today’s prohibition-influenced prices of $200-$300 an ounce to as low $5-$18 ounce. Economic modeling based on a $40 billion annual cannabis market in the United States tests a $50 per ounce federal excise tax price point (generating nearly $7 billion in federal excise taxes).

    When making the logical comparison of alcohol and cannabis’ ‘external costs’ (i.e., taxation to equate with external costs of the drug use to society), researchers peg alcohol’s external costs to the nation at $30 billion annually; cannabis, at $0.5 – $1.6 billion.

    NORML Executive Director Allen St. Pierre commenting on the new CRS paper: “This CRS report on the prospects of the federal government taxing and regulating cannabis is another clear indication of the political saliency and fiscal appeal of ending cannabis prohibition at the state, and increasingly at the federal level (replacing the nearly eighty-year old failed federal policy with tax-n-regulate policies that are similar to alcohol and tobacco products).

    With fours states and the District of Columbia since 2012 opting for legalizing cannabis, dozens of members of Congress from both major political parties—from states with legalization and those that pine for it—are getting serious about making sure the federal government does not lose out on hundreds of millions annually in tax revenue from the ever-growing cannabis industry in the United States.”

     

     

     

  • by Erik Altieri, NORML Communications Director November 10, 2014

    norml_remember_prohibition2The FBI’s annual Uniform Crime Report was released this morning and provides an updated look at the total number of marijuana arrests law enforcement made across the country in 2013.

    The good news is that numbers are down slightly from 2012’s arrest figures. In 2012, there were about 749,825 marijuana arrests (compared to 757,969 in 2011).

    The new report shows a modest decrease in arrests. In 2013, there was a total of 693,481 arrests made for marijuana charges, with the overwhelming majority of these being for simple possession. Law enforcement made about 609,423 arrests for possession alone, a decrease of 48,808 arrests compared to 2012. While we may be seeing slight decreases due to the growing number of states who have begun to reform their marijuana policies, the fact that over 600,000 individuals are still being arrested for a non-violent act shows how much work we have left to do in ending our disastrous prohibition of marijuana.

    Using the ACLU low-level estimate of cost per arrest ($750), the minimum enforcement cost for the 609,423 individuals put in handcuffs for just marijuana possession in 2013 would be in excess of $457,067,250.

    (NOTE: Numbers in this reporting were rounded to the nearest decimal point. You can read the full Uniform Crime Report here.)

  • by Paul Armentano, NORML Deputy Director November 5, 2014

    Oregon and Alaska legalized and regulated the commercial production and sale of marijuana for adults, while voters residing in the nation’s capitol and in numerous other cities nationwide similarly decided this Election Day to eliminate marijuana possession penalties.

    Voters in two states decided in favor of a pair of statewide measures to regulate the commercial production, retail sale, and personal use of marijuana by adults. Alaska and Oregon are the third and fourth states to enact regulations on the licensed production and sale of cannabis, joining Colorado and Washington. All four states have enacted their marijuana legalization laws via voter initiative.

    Commenting on the new laws’ passage, NORML Deputy Director Paul Armentano said: “The majority of voters in these states, like a majority of voters nationwide, agree that a pragmatic regulatory framework that allows for the legal, licensed commercial production and retail sale of cannabis to adults best reduces the risks associated with the plant’s use or potential abuse. Elected officials in Alaska, Oregon, and elsewhere should welcome the opportunity to bring these common sense and long overdue regulatory controls to the commercial cannabis market.”

    Under the new Oregon proposal (Measure 91), adults who engage in the non-commercial cultivation of limited amounts of cannabis for personal use (up to four marijuana plants and eight ounces of usable marijuana at a given time) will not be subject to taxation or commercial regulations. Imposition of the new law will not “amend or affect in any way the function, duties, and powers of the Oregon Health Authority under the Oregon Medical Marijuana Act.” The legalization measure takes effect on July 1, 2015.

    Under the Alaska measure (Ballot Measure 2), the adult possession of up to one ounce of cannabis as well as the cultivation of up to six-plants for personal consumption will be legal and untaxed. Commercial production and retail sales of cannabis will be subject to licensing and taxation. Since 1975, Alaskans have enjoyed personal privacy protections allowing for the possession and cultivation of small quantities of cannabis. However, state law has never before permitted a legal market for marijuana production and sales. The initiative becomes law 90 days after the election is certified, which is expected to be in late November.

    Some 56 percent of Oregon voters backed Measure 91 while 52 percent of Alaskans endorsed Measure 2.

    In California, nearly 60 percent of voters backed Proposition 47, which defelonizes simple drug possession crimes, such as the possession of hashish. Under the measure, Californians with felony records for certain marijuana possession offenses will also be eligible to have their records expunged. Those serving time for felony drug offenses will also be able to petition for resentencing.

    In the US territory Guam , 56 percent of voters decided in favor of Proposal 14A, the Compassionate Cannabis Use Act. The new law directs “the Department of Public Health and Social Services to regulate the use of marijuana as treatment for medical conditions.” The Department has up to nine months to provide rules for the territory’s medical marijuana program.

    By contrast, a proposed Florida amendment (Amendment 2) fell shy of the 60 percent support threshold necessary in that state to amend the state’s constitution. Fifty-eight percent of Florida voters endorsed the measure, including supermajorities in most every age group except for those voters age 65 and older. Said NORML’s Deputy Director: “This vote wasn’t a rejection of medical marijuana in Florida, but rather an affirmation that most Floridians want patient access to cannabis therapy. NORML hopes that the Florida lawmakers will hear this message loud and clear and take action in 2015 on behalf of the will of the majority of the electorate.”

    Municipal voters overwhelmingly decided in favor of depenalizing cannabis on Election Day. In Washington, DC, some 70 percent of District voters approved Initiative 71, which removes criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants. Adults who engage in not-for-profit transactions of small quantities of cannabis or who possess marijuana-related paraphernalia are also no longer be subject to penalty under this act.

    Unlike legalization measures in Alaska, Colorado, Oregon, and Washington, I-71 does not establish a regulatory framework for the regulation of a commercial cannabis market. However, members of the DC City Council are currently considering separate legislation to regulate the commercial production and sale of marijuana to adults. (Because Washington, DC does not possess statehood, all District laws are subject to Congressional approval prior to their implementation.)

    Voters in several Michigan cities, including Saginaw (population 51,000), Port Huron (30,000), and Berkley (15,000) also decided in favor of local ballot measures depenalizing offenses involving the adult possession of up to one ounce of marijuana. Michigan lawmakers are anticipated to debate a statewide decriminalization proposal in 2015.

    Likewise, voters in South Portland, Maine approved a municipal ordinance eliminating local penalties in regard to the adult possession of up to one ounce of cannabis. Voters in Lewiston, Maine rejected a similar measure.

    In New Mexico, voters in Bernalillo and Santa Fe counties decided in favor of advisory questions in support of the decriminalization of one ounce or less of marijuana at a city, county and state level. Bernalillo and Santa Fe counties represent a third of the state’s population.

    Finally, in Massachusetts, voters in several state representative districts voted in favor of various nonbinding public policy questions calling on state officials to legalize and regulate cannabis-related commerce.

  • by Erik Altieri, NORML Communications Director November 4, 2014

    pot_shopWith 56 of 58 precincts reporting, voters in Guam have approved a medical marijuana measure with over 56% of the vote.

    You can read the details of the measure here. When implemented, it would allow patients in Guam to obtain a recommendation for medical marijuana from their physician and purchase marijuana from approved dispensary locations.

    Stay tuned to NORML Blog for the latest on the 2014 Marijuana Midterm. Live coverage will begin this evening.

  • by Erik Altieri, NORML Communications Director November 3, 2014

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    Tomorrow is Election Day and voters across the country will be faced with measures regarding marijuana law reform and some difficult legislative races. To help keep you on top of all the upcoming votes, we are issuing this helpful primer on what races to watch as the results begin to roll in. Don’t forget, we will be running live election coverage right here on blog.norml.org all night, so check back in tomorrow evening to stay on top of all the breaking exit polls, news stories, and official results. Don’t forget to get out and cast your ballot, click here if you need help finding your polling place and other voting information.

    On the Ballot:

    Voters in three states and in numerous municipalities, including Washington, DC, will decide this Election Day on ballot measures seeking to significantly amend marijuana laws.

    Voters in Alaska will decide on Ballot Measure 2, which seeks to legalize the adult possession of up to one ounce of cannabis as well as the cultivation of up to six-plants for personal consumption. The measure would also allow for the establishment of licensed, commercial cannabis production and retail sales of marijuana and marijuana-infused products to those over the age of 21. Commercial production and retail sales of cannabis would be subject to taxation, but no taxes would be imposed upon those who choose to engage in non-commercial activities (e.g., growing small quantities of marijuana for personal use and/or engaging in not-for-profit transfers of limited quantities of cannabis.) Public consumption of cannabis would be subject to a civil fine.

    Voters in California will decide on Proposition 47, which seeks to reduce penalties for various drug possession crimes, including offenses involving the possession of hashish or other concentrated forms of cannabis.

    Voters in Florida will decide on a constitutional amendment (Amendment 2) that would permit physicians the discretion to authorize cannabis therapy to their patients. The measure would also direct the state Department of Health to establish regulations for the establishment of licensed medical cannabis cultivators and dispensaries. Under the proposal, authorized patients would not be permitted to cultivate their own marijuana. Because the proposal seeks to amend the Florida state constitution, it requires the support of more than 60 percent of voters in order for passage.

    Voters in Oregon will decide on Measure 91, which seeks to regulate the commercial production, retail sale, and personal use of marijuana by adults. Adults who engage in the non-commercial cultivation of limited amounts of cannabis for personal use (up to four marijuana plants and eight ounces of usable marijuana at a given time) will not be subject to taxation or commercial regulations. Passage of the initiative would not “amend or affect in any way the function, duties, and powers of the Oregon Health Authority under the Oregon Medical Marijuana Act.”

    Citizens residing in the US territory Guam will decide on Proposal 14A, the Compassionate Cannabis Use Act. If approved by voters, the measure would “direct the Department of Public Health and Social Services to regulate the use of marijuana as treatment for medical conditions.” The Department would have up to nine months following the law’s passage to provide rules for the territory’s medical marijuana program.

    In the District of Columbia, voters will decide on Initiative 71, which would remove criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants. Adults who engage in not-for-profit transactions of small quantities of cannabis or who possess marijuana-related paraphernalia would also no longer be subject to penalty under this act. The measure would not establish a regulatory framework for the regulation of a commercial cannabis market. Because Washington, DC does not possess statehood, all District laws are subject to Congressional approval prior to their implementation.

    In Maine, voters in the cities of Lewiston and South Portland will decide on municipal measures eliminating local penalties in regard to the adult possession of up to one ounce of cannabis.

    In Massachusetts, voters in eight select districts in the state will decide on non-binding public policy questions asking, “Shall the State Representative from this district be instructed to vote in favor of legislation that would allow the state to regulate and tax marijuana in the same manner as alcohol?” There will also be several other ballot questions regarding the legalization of marijuana in other locations, you can read about these in-depth here and here.

    In Michigan, voters in eleven cities – Berkley, Clare, Frankfort, Harrison, Huntington Woods, Lapeer, Mt. Pleasant, Onaway, Pleasant Ridge, Port Huron, and Saginaw – will decide on local ballot measures seeking to depenalize minor marijuana possession offenses by adults.

    In New Mexico, voters in Bernalillo will decide on a non-binding countywide ballot measure asking citizens whether to reduce minor marijuana possession offenses from a criminal misdemeanor to a fine-only, civil offense.

    Voters in several additional cities in California and Colorado will also decide on Election Day on various measures specific to marijuana cultivation, taxation, and dispensing. Washington state voters will also decide on an advisory measure (Advisory Vote No. 8) in regard to agricultural tax preferences for the marijuana industry.

    NORML PAC Candidates:

    The NORML Political Action Committee has made endorsements of candidates in a variety of states. View the below list to see if a NORML PAC endorsed candidate will be on the ballot in your state:

    US House of Representatives

    US Senate

    Other:

    Be sure to stay tuned to blog.norml.org for coverage all Election Day, including a live blog in the evening as the results begin pouring in. Most importantly, don’t forget to get to your local polling place and SMOKE THE VOTE!

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