Republican Gov. Bruce Rauner on Friday issued an amendatory veto to House Bill 218, which seeks to decriminalize minor marijuana possession offenses.
As initially approved by the legislature in May, HB 218 reduced personal use possession penalties (up to 15 grams) from a Class A criminal misdemeanor, punishable by up to 6 months in jail, a $1,500 fine, and a criminal record, to a petty offense, punishable by a fine only (up to $125.00) – no arrest, and no criminal record. Governor Rauner’s amendatory veto seeks to decrease the proposed possession limits from 15 grams to 10 grams, whole also seeking to raise fines to $200.00.
Governor Rauner also seeks to lower the state’s proposed per se THC/blood limit from 15ng/ml to 5ng/ml. Under present Illinois law, drivers with any detectable amount of THC in their blood are in violation of the state’s traffic safety laws.
If a majority of lawmakers fail to approve of the Governor’s amendments, the measure will be dead for this year’s legislative session.
To date, 20 states and Washington, DC have passed legislation eliminating the threat of incarceration for marijuana possession offenses via either legalization or decriminalization.
Senate Bill 460 permits state-licensed medical marijuana dispensaries to also engage in cannabis sales to non-medical persons beginning on October 1, 2015. Adults will be allowed to purchase up to one-quarter ounce of cannabis per visit per day.
Initiated legislation approved by voters in November and enacted on July 1 allows those over the age of 21 to legally possess up to one ounce of cannabis and/or to engage in the non-commercial cultivation of up to four marijuana plants (yielding up to eight ounces of marijuana). Separate provisions in the law permitting the licensed production and retail sale of cannabis to adults were not anticipated to go into effect until next summer. Senate Bill 60 permits adults to legally obtain cannabis from dispensaries during this interim period.
Alaska, Colorado, Oregon and Washington permit adults to legally possess and purchase limited quantities of marijuana for their own personal use. The District of Columbia also allows adults to possess and grow marijuana legally, but does not provide for as regulated commercial cannabis market. All of these measures were enacted by the passage of voter initiatives.
Members of the Senate Appropriations Committee voted 16-14 today in favor of an amendment to allow state-compliant marijuana businesses to engage in relationships with financial institutions.
Sponsored by Sens. Jeff Merkley (D) of Oregon and Patty Murray (D) of Washington, the amendment to the Financial Services and General Government Appropriations bill prohibits the US Treasury Department from using federal funds to take punitive actions against banks that provide financial services to marijuana-related businesses that are operating legally under state laws.
Presently, most major financial institutions refuse to provide services to state-compliant operators in the marijuana industry out of fear of federal repercussions. Their refusal to do so presents an unnecessary risk to both those who operate in the legal marijuana industry and to those consumers who patronize it.
No industry can operate safely, transparently or effectively without access to banks or other financial institutions. Further, forcing state-licensed businesses to operate on a ‘cash-only’ basis increases the risks for crime and fraud.
It is time for Congress to change federal policy so that this growing number of state-compliant businesses, and their consumers, may operate in a manner that is similar to other legal commercial entities. Today’s Senate Committee vote marks the first step taken by Congress to address these federal policy deficiencies.
Although stand-alone legislation, The Marijuana Businesses Access to Banking Act of 2015, is pending in both the House and the Senate, it appears unlikely at this time that leadership will move forward with either bill. This means that the Merkley/Murray amendment is like to be reformer’s best opportunity this Congress to impose substantial banking reform.
Keep following NORML’s blog and Take Action Center for legislative updates as this and other relevant reform measures progress. To take action in support of the Merkley/Murray amendment, click here here.
The following Senators voted in favor of the Merkley/Murray amendment:
Tammy Baldwin (D-WI)
Bill Cassidy (R-LA)
Christopher Coons (D-DE)
Dick Durbin (D-IL)
Jeff Merkley (D-OR)
Steve Daines (R-MT)
Chris Murphy (D-CT)
Jack Reed (D-RI)
Patrick Leahy (D-VT)
Barbara Mikulski (D-MD)
Lisa Murkowski (R-AK)
Patty Murray (D-WA)
Brian Schatz (D-HI)
Jon Tester (D-MT)
Jeanne Shaheen (D-NH)
Tom Udall (D-NM)
And these Senators voted against the Merkley/Murray amendment:
Lamar Alexander (R-TN)
Roy Blunt (R-MO)
John Boozman (R-AK)
Shelley Moore Capito (R-WV)
Thad Cochran (R-MS)
Susan Collins (R-ME)
Dianne Feinstein (D-CA)
Lindsey Graham (R-SC)
John Hoeven (R-ND)
Mark Kirk (R-IL)
James Lankford (R-OK)
Mitch McConnell (R-KY)
Jerry Moran (R-KS)
Richard C. Shelby (R-AL)
Legislation to establish a system of medical dispensaries for the state’s nearly 14,000 medical marijuana patients has become law.
Governor David Ige signed the measure, stating, “I support the establishment of dispensaries to ensure that qualified patients can legally and safely access medical marijuana. We know that our challenge going forward will be to adopt rules that are fair, cost effective and easy to monitor. The bill sets a timeline. We will make a good faith effort to create a fair process that will help the people most in need.”
House Bill 321 permits the state “to issue eight dispensary licenses statewide; provided that three dispensary licenses shall be issued for the city and county of Honolulu, two dispensary licenses each shall be issued for the county of Hawaii and the county of Maui, and one dispensary license shall be issued for the county of Kauai. … Up to two production centers shall be allowed under each dispensary license, provided that each production center shall be limited to no more than three thousand marijuana plants. A dispensary licensee may establish up to two retail dispensing locations under the licensee’s dispensary license.”
The state Department of Health has until January 4, 2016 to finalize rules governing the dispensary program. Licensed dispensaries are anticipated to be operational by July 15, 2016. Once operational, qualified patients will be able to obtain up to four ounces of cannabis or cannabis-infused products, such as oils, tinctures, or lozenges, from a licensed provider every 15 days.
A separate provision included in HB 321 also adds post-traumatic stress as a qualifying condition under the state’s medical cannabis law.
Legislation initially enacted by the legislature in 2000 provides qualified patients the legal right to possess and cultivate cannabis for therapeutic purposes, but did not allow for its production and distribution via dispensaries.
Democrat Gov. Jerry Brown signed legislation today, Assembly Bill 258, to allow medical marijuana patients to receive organ transplants.
Hospitals in California and elsewhere have denied patients from receiving organ transplants solely based on their status as medicinal marijuana consumers. Assembly Bill 258 reads, “A hospital, physician and surgeon, procurement organization, or other person shall not determine the ultimate recipient of an anatomical gift based solely upon a potential recipient’s status as a qualified patient, as defined in Section 711362.7, or based solely upon a positive test for the use of medical marijuana by a potential recipient who is a qualified patient.”
Passage of AB 258 ends these discriminatory practices in California.
The new law takes effect on January 1, 2016.
According to a study published in the American Journal of Transplantation, marijuana use by patients undergoing transplants does not adversely impact survival rates.