The US Court of Appeals for the Eighth Circuit ruled in favor of NORML ISU right to use a marijuana leaf and the logo of the school on their promotional items.
Here is the background as written in the Washington Post by Eugene Volokh:
NORML ISU at first got permission from the Trademark Office to use a T-shirt “that had ‘NORML ISU’ on the front with the ‘O’ represented by Cy the Cardinal,” with “Freedom is NORML at ISU” and a cannabis leaf depicted on the back. But after a Des Moines Register article mentioned the T-shirt, a state legislator and someone at the Governor’s Office of Drug Control Policy heard about this and objected, and the University barred NORML ISU from printing further T-shirts with the design. After that, the University’s Trademark Guidelines were changed to ban “designs that suggest promotion of the below listed items … dangerous, illegal or unhealthy products, actions or behaviors; … [or] drugs and drug paraphernalia that are illegal or unhealthful.”
The court disagreed.
“NORML ISU’s use of the cannabis leaf does not violate ISU’s trademark policies because the organization advocates for reform to marijuana laws, not the illegal use of marijuana,”
The circuit court decided that students’ “attempts to obtain approval to use ISU’s trademarks on NORML ISU’s merchandise amounted to constitutionally protected speech.”
Basically, ISU violated the students’ first amendment rights and discriminated against them on the basis of their viewpoint.
The suit was overseen by the Foundation for Individual Rights in Education. Marieke Tuthill Beck-Coon, FIRE’s director of litigation, released a statement saying “We are so pleased to see Paul and Erin’s victory unanimously affirmed by the Eighth Circuit today. Paul and Erin had the courage to stand up for their First Amendment rights, and thousands of students in seven states will now benefit from their commitment.”
This can only come as a reminder to us to stand up and fight back against those looking to suppress advocates for marijuana legalization (and fashionable people everywhere). We as a constituency have the unalienable right of freedom of speech, so make your voice heard and get involved with a NORML chapter near you.
Despite historic opposition, members of the United States Senate voted 52 to 47 last week to approve the nomination of Alabama Sen. Jeff Sessions for US Attorney General.
NORML thanks the tens of thousands of you who responded to our action alerts opposing this nomination and the thousands more who took time to make phone calls. While we are disappointed with this outcome, we are pleased that several members of Congress cited the senator’s opposition to marijuana policy reform as an impetus for rejecting his appointment.
We’ve previously told you why Jeff Sessions is the wrong man for the job, but today it is time to move forward, not backward.
So now what?
Well, during his testimony before members of the Senate Judiciary Committee in January, Sen. Sessions said that it is not the responsibility of the Attorney General to pick and choose which federal laws to enforce. “One obvious concern is the United States Congress has made the possession in every state and distribution an illegal act,” he said. “If that’s something that’s not desired any longer Congress should pass a law to change the rule. It is not the Attorney General’s job to decide what laws to enforce.”
Just hours prior to Sessions’ confirmation vote, US Representative Dana Rohrabacher (R-CA), along with six other Republicans and six Democrats, introduced bipartisan legislation, ‘The Respect State Marijuana Laws Act,’ to prevent the federal government from criminally prosecuting individuals and/or businesses who are engaging in state-sanctioned activities specific to the possession, use, production, and distribution of marijuana.
HR 975 states, ‘‘Notwithstanding any other provision of law, the provisions of this subchapter related to marihuana shall not apply to any person acting in compliance with State laws relating to the production, possession, distribution, dispensation, administration, or delivery of marihuana.’’
Passage of this Act would halt US Attorney General Jeff Sessions or any other federal official from prosecuting individuals and businesses for violating the Controlled Substances Act in the 29 states that permit either the medical or adult use and distribution of marijuana. According to national polling, 60 percent of Americans support legalizing marijuana.
With the appointment of Sen. Sessions to the position of US Attorney General, passage of this Act is necessary to ensure that medical marijuana patients and others are protected from undue federal interference.
There will be a number of bills in the coming months that will build upon the progress that the movement to legalize marijuana will support. As we always have, NORML will keep you informed and provide you the tools needed to connect with your elected officials.
Please take action today to urge your federal lawmakers to support HR 975, the ‘The Respect State Marijuana Laws Act,’ and when you have finished, please also take a moment to make a generous and much appreciated donation to NORML here so that we can continue to make progress in our federal and statewide efforts.
With NORML members throughout the country organizing lobby days and taking action over the coming days and weeks, the fight for cannabis freedom will continue with renewed energy.
NORML has resisted marijuana prohibition for 47 years – We’re not going to stop now; in fact, we’re just getting started. Are you in?
What happens next in regards to marijuana policy is unclear. We can engage in speculation as much as we’d like, but ultimately theorizing on whether or not Sessions will leverage the resources of the Department of Justice to enforce the federal prohibition of marijuana will be discovered soon enough.
For now, we must reflect on the achievements that we have made as a movement which now must be protected and continue to pursue further progress, be it at the state or federal level.
Currently, states that have implemented medical marijuana programs are technically protected from the Department of Justice under the Rohrabacher-Farr amendment, however that is set to expire on April 27th unless renewed as a part of the appropriations process.
Jeff Sessions’ history in regards to marijuana policy, including making statements like “We need grown-ups in charge in Washington to say marijuana is not the kind of thing that ought to be legalized, it ought not to be minimized, that it’s in fact a very real danger.” and “[Marijuana] cannot be played with, it is not funny, it’s not something to laugh about, and trying to send that message with clarity, that good people don’t smoke marijuana” are a serious reason for concern and highlight the need to remain vigilant.
During his confirmation process, marijuana legalization supporters with NORML made thousands of phone calls and sent tens of thousands of emails regarding Sessions plans for marijuana policy. While we lost the battle, we continue to win the war.
Our Senators, now more than ever, know this is an issue at the forefront of the minds of American voters and that we are willing and able to mobilize for it. In fact, four Senators referenced Sessions’ position on marijuana as a reason to oppose his nomination during an all night “talk-a-thon” to delay todays vote.
We will never stop fighting for further reforms at the state level and needed federal policy changes. With NORML members throughout the country organizing lobby days and taking direct action, the fight for cannabis freedom will continue with renewed energy.
NORML has resisted marijuana prohibition for 47 years – We’re not going to stop now.
Please consider signing up to be a monthly contributor to ensure that we have the resources we need to stand up to Jeff Sessions and to fight back against our nation’s failed war on marijuana consumers.
More than 70 percent of Floridians voted on Election Day in favor of Amendment 2 to regulate patients’ access to medical marijuana. However, newly proposed rules by the Department of Health seek to significantly amend this measure in a manner that undermines the law’s intent and is contrary to patients’ needs.
This week, town hall meetings are being held throughout Florida to discuss proposed rule changes and so far, turnout to these meetings have been so large that WTSP in Tampa Bay reported “The meeting was so full that there wasn’t even enough room for people to stand.”
For example, the rules arbitrarily limit those patients who may qualify for cannabis therapy only to those diagnosed with one of ten specific conditions. This change contradicts the explicit language of Amendment 2, which provides physicians the discretion to recommend medical marijuana in any instance where they believe that its use “would likely outweigh the potential health risks.”
NORML has submitted official comments to the state’s Dept. of Health addressing the need to address the following issues:
- Physicians Must Be Permitted To Recommend Cannabis Therapy For Chronic Pain
- Patients Should Have The Legal Option To Obtain Whole-Plant Cannabis
- Market Demand Requires More Licensed Dispensaries
- Do Not Mandate Multiple Patient Visits In A Single Calendar Year
It is unfortunate that after the passage of Amendment 2, so many attempts would be made to weaken the ability for patients to be able to obtain access to medical marijuana. If regulators truly intend to implement Amendment 2 in a manner that is in the best interest of Florida’s patient community, then they must revise these rules in ways that focus on serving the sick, not promoting political expediency.
There is still time to submit comments to the FL Department of Health online. For more information and to find out how, click here.
Welcome to this week’s edition of the legislative roundup. With prohibitionists fighting nationwide, from Massachusetts to deny the will of the voters with the implementation of legalization to Hawaii where the state is seeking to impose increased monitoring of drivers who may be under the influence of marijuana, NORML is constantly working to fight the rising tide of anti-science legislation cropping up.
Below are the priority bills that we’ve tracked this week, with more being posted on our http://norml.org/act page every day.
If you have not yet, make sure to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.
Thanks for all you do,
Legislative efforts are pending to amend the state’s voter-initiated medical marijuana law in a manner that would restrict qualified patients from smoking herbal preparations of the plant. Republican Gov. Asa Hutchinson indicates that he favors the plan.
NORML opposes this effort to fundamentally change the law for the following reasons.
The inhalation of herbal cannabis is associated with the rapid onset of drug effect while the oral consumption of other preparations, such as oils, extracts, or pills, is associated with significantly delayed onset. For patients seeking rapid relief from symptoms, such as those suffering from severe nausea, seizures, or spasms, inhaling herbal cannabis is the fastest and most effective route of administration. Inhaling cannabis also permits patients to better regulate their dose.
Further, the effects of orally ingested cannabis are far less predictable in comparison to inhaled cannabis. This is because there exists far greater variability in the ways that marijuana is metabolized when it is consumed orally — meaning that patients may experience disparate and even dysphoric effects from dose to dose, even in instances where the dose is standardized.
Additionally, SB 130 prohibits individuals from operating a motor vehicle if they have 5 or more nanograms of THC per milliliter in their blood. NORML opposes this proposal.
It should not be presumed that the detection of THC is predictive of psychomotor impairment and such a presumption should not be codified in Arkansas traffic safety statutes. The imposition and enforcement of this measure risks inappropriately convicting unimpaired subjects of traffic safety violations.
Legislation is pending, SB 548, to legalize the possession and use of limited amounts of marijuana for those over the age of 21.
According to 2014 statewide poll, 66 percent of Hawaii voters support the taxation and regulation of marijuana.
Additionally, Legislation is pending, SB 17, that seeks to establish a per se limit of “five nanograms or more per milliliter of active tetrahydrocannabinol” for anyone driving a motor vehicle.
NORML opposes this proposal.
It should not be presumed that the detection of THC is predictive of psychomotor impairment and such a presumption should not be codified in Hawaii traffic safety statutes. The imposition and enforcement of this measure risks inappropriately convicting unimpaired subjects of traffic safety violations.
On Wednesday, December 28, a handful of lawmakers met in a special session and voted to delay the roll out of retail marijuana providers from January 1, 2018 to July 1, 2018. As summarized by The Boston Globe, “The extraordinary move, made in informal sessions with just a half-dozen legislators present, would unravel a significant part of the legalization measure passed by 1.8 million voters just last month.” Governor Charlie Baker signed the bill into law just two days later.
But this was only the beginning.
Now, Senator Jason M. Lewis is proposing bills that would reduce the amount of marijuana that an individual can possess, restrict the number of plants that a person can grow, and ban various forms of THC infused products including edibles.
The arrogance and hubris lawmakers are showing toward voters is shocking, and is typified by the comments of Senate President Stanley C. Rosenberg who, only hours after the vote, pronounced: “I believe that when voters vote on most ballot questions, they are voting in principle. They are not voting on the fine detail that is contained within the proposal.”
It’s time for you to send another clear message to your lawmakers: Abide by voters’ decision or suffer the consequences.
State Senator Anna Wishart has introduced comprehensive medical marijuana legislation, LB622.
Senator Wishart’s bill is similar to legislation that was introduced in 2016 and narrowly defeated. LB622 will allow patients with conditions such as Crohn’s disease, epilepsy, opioid addictions and some types of cancer to obtain marijuana. Additionally it would permit patients to grow up to 12 plants and/or possess up to six ounces of cannabis for therapeutic purposes. Last year’s bill was narrowly defeated by lawmakers.
Twenty-nine states and the District of Columbia have enacted statewide provisions allowing patients access to cannabis therapy. Nebraska patients deserve these same protections.
After nearly a decade of frustration, 2017 may finally be the year that New Hampshire voters successfully see marijuana possession decriminalized.
HB640, sponsored by 6 Republicans and 6 Democrats, will amend criminal penalties for marijuana possession is pending in the House, where lawmakers have overwhelmingly supported such efforts for eight years in a row. However, legislators this year are hopeful that, for the first time, they also have sufficient votes to also clear the Senate.
Additionally, Multiple bills are pending before lawmakers to expand the pool of patients eligible to qualify for medical marijuana therapy.
In particular, these measures would permit patients with conditions like chronic pain and post-traumatic stress to obtain legal access to marijuana.
Most recently, an exhaustive report released by the National Academies of Sciences determined that there is “conclusive” evidence that cannabis is “effective for the treatment of chronic pain.” Authors concluded, “In adults with chronic pain, patients who were treated with cannabis or cannabinoids (constituents found organically in the marijuana plant) are more likely to experience a clinically significant reduction of pain symptoms.”
Senator Liz Krueger (D) has introduced the Marijuana Regulation and Taxation Act in the New York General Legislature.
The act legalizes possession and cultivation, and would establish a market for legal marijuana for adults 21 and older.
Legislation is pending, HB 1340, in the statehouse to decriminalize the possession of marijuana and marijuana-related paraphernalia.
Under existing law, marijuana possession of one ounce or less is punishable by up to 30 days in jail and a $1,500 fine, while the possession of greater amounts are classified as a felony offense punishable by up to five years in prison. Possessing marijuana-related paraphernalia is punishable by up to one year in jail and a $3,000 fine.
UPDATE: SB1091 has passed the full Senate by a vote of 38-2 and HB 2051 has passed it’s first committee vote in the House of Delegates.
State Senators Adam Ebbin (D), Bill Stanley (R) and Delegate Les Adams (R) have introduced SB 1091 and HB 2051 respectively, legislation that would remove the mandatory driver’s license suspension currently imposed for those with a marijuana possession conviction.
Under current law, any drug conviction, regardless of whether or not a motor vehicle was involved, results in an automatic suspension of the individual’s driving privileges for 6 months.
Additionally, SB 1298 has cleared the Senate Courts of Justice Committee on a 9-4 vote as it seeks to establish affirmative defense for possession of cannabidiol if an individual has written certification that they require the substance due to an approved medical condition.
Affirmative defense establishes a basic set of facts surrounding cannabidiol possession cases. If someone with a qualifying medical condition is caught possessing marijuana, an affirmative defense for the individual would likely result in a more lenient punishment.
UPDATE: HB 1212 has passed committee, making it the first piece of legislation for home cultivation in Washington state history.
Legislation is pending before the House, HB 1094 and HB 1212, to prohibit employers from discriminating against patients who legally consume marijuana during non-work hours.
The bill amends existing law so that: “An employer may not refuse to hire a qualifying patient, discharge or bar a qualifying patient from employment, or discriminate against a qualifying patient in compensation or in other terms and conditions of employment because of the qualifying patient’s: (i) Status as a qualifying patient; or (ii) Positive drug test for marijuana components or metabolites.”
Changes in the legal status of marijuana has not been associated with any adverse changes in workplace safety. In fact, a pair of studies from 2016 find that legalization is associated with greater workforce participation and with fewer workplace absences. Most recently, the National Academies of Sciences just-released marijuana and health report found “insufficient evidence” to support an association between cannabis use and occupational accidents or injuries.