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.
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.
According to the DEA’s Domestic Cannabis Eradication/Suppression Statistical Report, agents eradicated 4.25 million marijuana plants nationwide in 2015. That total is slightly less than the total reported by the agency for the year 2014 (4.3 million) and continues to the ongoing decline in eradication totals since 2010, when the agency reported eliminating some 10.3 million plants.
As in past years, DEA eradication efforts largely focused on California. Of the total number of plants seized nationwide by the DEA in 2015, 62 percent were in California.
Only about 7 percent of all plants seized by the DEA were from indoor grows.
The DEA reported making some 6,300 arrests in conjunction with their cannabis eradication efforts — a total that mirrors 2014 figures. By contrast, the agency reported making nearly 10,000 marijuana arrests in 2010 and 8,500 arrests in 2011.
Tables from the 2015 report are online here.
With the country so divided right now along party lines, as well as within each of the two major parties, it would be easy for voters to say “The hell with them all,” and sit this election out. Both of the major party candidates have record-setting voter disapproval ratings, assuring that our next president will be starting off their first term knowing that more than half the country did not like them, and would have preferred someone else for president.
But there really is no other choice this year.
History of Third Party Candidates
The reality is third party candidates have a terrible track record in this country, so a vote for the Green Party or the Libertarian Party is, in effect, throwing away your vote. Those who insist on exercising this option may get some emotional satisfaction out of rejecting the two major party candidates, but they are also helping Donald Trump.
The election of Abraham Lincoln in 1860 established a Republican-Democrat duopoly that persists even today. Since then we have seen third-party candidates on the presidential ballot in two dozen elections, without success. In fact, most – including Ralph Nader in 2000 and Ross Perot in 1992 and 1996 – have failed to win a single electoral vote, do to the winner-take-all nature of the electoral college.
The last such candidate to secure any electoral votes was segregationist candidate George Wallace in 1968, who won five Southern states in his fight against the civil rights movement. And the most successful third party presidential candidate was Teddy Roosevelt, who bolted the Republican Party to run as a Progressive Party (aka “Bull Moose Party”) candidate in 1912, who won six states and came in second with 27% of the vote, but lost badly to Democrat Woodrow Wilson.
Despite the continuing complaints of dissatisfaction being heard from the cadre of enthusiastic Bernie Sanders supporters, in fact Sen. Sanders himself has now acknowledged the inevitable and endorsed Hillary Clinton. Sanders used his popularity with millions of American voters to nudge the Democratic Party platform, and the Democratic candidate, to the left. And that’s a positive development.
But Sanders also realized the most important priority at this time is to assure that Donald Trump is not elected president.
Both Hillary Clinton and her vice-presidential running mate Sen. Tim Kaine support the right of the states to continue to experiment with different versions of marijuana legalization, without interference from the federal government. While Donald Trump said he too holds that position, that was not apparent from the language in the Republican platform, that appeared to be heading in the other direction. And with Trump, who could guess what his position will be tomorrow or the next day.
But more importantly, Donald Trump is a bigoted, racist, ignorant candidate whom no one with a whit of common sense would want running our country, or having his finger on the nuclear button. Merely having him as a major party candidate is an embarrassment for the country, and has sent shockwaves throughout our allies in NATO and other strategic alliances. He is obviously unfit to be president.
So don’t waste your vote making a political point, knowing it would make it more likely that “the Donald” might somehow squeak through and win this election. Every progressive voter who sits out this election, or who votes for a third party candidate, helps Donald Trump.
We can all fight among ourselves about specific issues and how best to achieve more progressive policies in this country. But none of us can afford the risk of a Trump presidency.
The DEA announced that they will amend their quotas for 2017 regarding the cultivation of research-grade marijuana and hemp legalization bills in Pennsylvania and Rhode Island have been signed into law! We also have updates from Illinois, Florida, and Ohio. Keep reading to learn the latest in marijuana law reform news from around the country and to find out how you can #TakeAction!
In a notice published in the Federal Register, Acting DEA Administrator Chuck Rosenberg proposed amending the amount of marijuana that may be produced under federal license in 2017 to approximately 1,041 pounds. The agency alleges that this quantity will be sufficient to provide for the “estimated medical, scientific, research and industrial needs of the United States.”
The US Drug Enforcement Administration is also preparing to respond to an administrative petition calling for the reclassification of marijuana as a schedule I prohibited substance. Their determination was originally expected in the first half of 2016 but it has yet to be released.
Florida: Next Tuesday, the state’s first state-licensed medical marijuana dispensary will open to the public. Trulieve, a licensed cannabis cultivator and distributor, will provide a high CBD, low THC strain of the plant to patients that are registered with the state. However, as of today not a single eligible patient is registered with the state to legally access the product. This is because Florida’s law, initially passed in 2014, is among the strictest in the country. Under the law, patients diagnosed with cancer, seizures, or intractable muscle spasms are eligible for CBD-dominant cannabis, while those diagnosed with a terminal illness are eligible for THC-dominant cannabis. To date, however, only 15 physicians in the state are participating in the program.
Illinois: Two months ago lawmakers voted in favor of Senate Bill 2228, legislation to decriminalize the possession of small amounts of marijuana. But Governor Bruce Rauner has yet to sign the measure into law. The bill makes the possession of up to 10 grams of marijuana a civil violation punishable by a fine of $100-$200 — no arrest and no criminal record. Currently, those caught possessing that amount could face up to six months of jail time and fines of up to $1,500. The bill also amends the state’s zero tolerance per se traffic safety law.
#TakeAction and contact Governor Rauner to urge him to sign this legislation into law.
Ohio: Governor John Kasich has signed legislation so that certain drug offenses are no longer punishable by a mandatory loss of one’s driver’s license. Under previous law, any drug conviction carried a mandatory driver’s license suspension of at least six months, even in cases where the possession offense did not take place in a vehicle. Senate Bill 204 makes such suspensions discretionary rather than mandatory. The law will take effect September 13th, 2016.
Pennsylvania: On Wednesday, July 20th, Governor Tom Wolf signed legislation, House Bill 967, to establish “a pilot program to study the growth, cultivation or marketing of industrial hemp.” The new law took immediate effect. Twenty-eight states have now enacted similar legislation.
Rhode Island: Governor Gina Raimondo has signed legislation, H8232, to establish rules for the commercial, licensed cultivation of hemp in the state. The legislation creates the “Hemp Growth Act” to treat hemp as an agricultural product that may be legally produced, possessed, distributed and commercially traded. The Department of Business Regulation will be responsible for establishing rules and regulations for the licensing and regulation of hemp growers and processors.