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LEGISLATION

  • by Paul Armentano, NORML Deputy Director May 19, 2016

    mj_researchGovernor John Bel Edwards signed legislation today amending the state’s dormant medical marijuana law.

    Senate Bill 271 permits physicians to ‘recommend’ rather than ‘prescribe’ medical cannabis therapy. The change allows doctors to authorize cannabis without running afoul of federal law, which prohibits the prescription of a schedule I controlled substance.

    The measure also expands the pool of conditions eligible for cannabis therapy to include the following: “cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, cachexia or wasting syndrome, seizure disorders, epilepsy, spasticity, Crohn’s disease, muscular dystrophy, or multiple sclerosis.”

    The bill does not amend language in the state’s Therapeutic Research Act limiting the preparation of medicinal cannabis products to non-herbal formulations, nor does it address provisions limiting state-licensed cannabis cultivation to a single provider, or the dispensing of cannabis products to no more than ten licensed pharmacies. Those restrictions were put in place by legislation signed into law last year. Separate legislation, SB 180, which explicitly immunizes the program’s participants from state criminal prosecution, remains pending in the House and is anticipated to be voted on as early as next week.

    Senate Bill 271 does include language requiring the Louisiana State University Agricultural Center and the Southern University Agricultural Center to decide whether or not they wish to seek licensing to grow medical marijuana for the state’s program by September 2, 2016.

    You can read the enrolled measure here.

    Louisiana is set to become the 25th state to permit for the physician-supervised use of medical cannabis and/or cannabis-infused preparations for qualified patients. 

  • by Paul Armentano, NORML Deputy Director May 18, 2016

    oil_bottlesLegislation recently signed into law in Connecticut and Maine permit for the use of medicinal marijuana formulations by hospitalized patients.

    Connecticut Gov. Dannel Malloy yesterday signed legislation, HB 5450, to protect nurses who administer medical marijuana to qualified patients in hospital settings from any criminal, civil, or disciplinary action. Other provisions in the bill expand the pool of patients eligible for cannabis therapy to include those under the age of 18, and seek to establish a state-sponsored research program.

    In Maine, Gov. Paul LePage recently signed LD 726 into law, which similarly protects hospital administrators and staff from criminal or civil liability if they permit qualified patients access to non-inhaled preparations of medical marijuana in hospitals. Under the law, patients would not necessarily be provided or administered medical marijuana by hospital staff, but could be provided cannabis products by third parties.

    Separate provisions in LD 726 establish licensing protocols for marijuana testing facilities and the labeling of medical cannabis products.

    Connecticut and Maine are the first states to explicitly provide immunity to hospitals that permit patients to medicate with cannabis.

    A summary of 2016 state legislation is online from NORML’s Take Action Center here.

  • by Danielle Keane, NORML Political Director May 13, 2016

    legalization_pollThis week we’ll give you updates on legislation in Florida, Louisiana, New Hampshire and Ohio. Plus we have exciting ballot initiative news out of California and Missouri! Keep reading below to get the latest in marijuana law reform this week.

    California: Proponents of the marijuana legalization ballot initiative, the AUMA (Adult Use of Marijuana Act), announced announced at a press conference that they have gathered more than 600,000 signatures from registered voters. This total is far more than the required number of 365,880 signatures needed in order to qualify for the November 2016 ballot. The Board of Directors of NORML has endorsed the measure, which permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales.

    Florida: Members of the Orlando City Council voted  4 to 3 this week in favor of a new municipal ordinance giving police the option to cite, rather than arrest, minor marijuana possession offenders. Under the ordinance, which takes effect on October 1, 2016, first-time and second-time possession offenses involving up to 20 grams of cannabis may be punished by a fine of no more than $200 – no arrest and no criminal record. Under state law, similar offenses are classified as a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine. Similar local measures have been recently approved in several other Florida cities and counties, including Tampa, Miami-Dade county, Palm Beach county, and Volusia county.

    Louisiana: Members of the House of Representatives have approved senate legislation, Senate Bill 271, to fix and expand the state’s dormant medical marijuana law. Existing law only permits for the patients’ use of medical marijuana in instances where the plant is ‘prescribed.’ However, under federal law, physicians cannot legally ‘prescribe’ cannabis or any schedule I substance. Senate Bill 271 seeks to change the language of existing law so that physicians may ‘recommend’ rather than prescribe cannabis therapy. The measure also expands the pool of conditions eligible for cannabis therapy to include Crohn’s disease, HIV, multiple sclerosis, and other disorders. The bill will now return to the Senate for concurrence. Governor John Bel Edwards has expressed support for the medical marijuana expansion measure, stating that he wants a ‘meaningful’ bill that will ‘actually work.’ #TakeAction

    namlogoblueMissouri: Representatives of New Approach Missouri, the group pushing for a statewide medical marijuana ballot question this November, announced earlier this week they have turned in just under 250,000 signatures to the state for certification — well over the 167,000 signatures necessary to qualify for the ballot. The measure, which NORML has endorsed, would permit physicians to recommend cannabis therapy to patients at their discretion, and would also permit qualified patients to cultivate marijuana or obtain it from licensed dispensaries.

    New Hampshire: Members of the House approved an amended, Senate-backed sentencing reform bill, Senate Bill 498, in a 298-58 vote on Wednesday, May 11th. The amended language would make first-time marijuana possession offenses a civil violation rather than a criminal offense. The civil penalty would be limited to a fine only: no arrest, prosecution, or criminal record. Subsequent offenses would continue to be classified as misdemeanors. The legislation now returns to the Senate for concurrence. Members of the Senate have previously rejected decriminalization for several years running. #TakeAction

    Ohio: House lawmakers approved revised legislation, House bill 523, to establish guidelines for those who may qualify to use medical marijuana and how it may legally be consumed, in a 71-26 vote on May 10th. The revisions outline 20 ailments for which cannabis may be recommended, including epilepsy, AIDS, and intractable pain. However, the revised language prohibits the consumption of medicinal cannabis via smoking. Such restrictions exist in three other states: Minnesota, New York, and Pennsylvania. The measure will now be considered by members of the Senate Government Oversight and Reform Committee on Tuesday, May 17th. #TakeAction

    A separate, more comprehensive medical marijuana measure is likely to appear on the 2016 ballot initiative. Proponents of the initiative, the Marijuana Policy Project, must collect 305,591 valid signatures of Ohio voters by early July to qualify for the November 2016 ballot. The MPP-backed measure would permit qualified patients to cultivate their own medicine and/or obtain cannabis from licensed dispensaries. You can read a summary of the measure here.

    lobby_day_2016We are ten days out from NORML’s 2016 Conference and Congressional Lobby Day and we are excited to share with you the full itinerary! Have you registered to attend? We have some fun events planned and it would be a shame for you to miss out!

  • by Danielle Keane, NORML Political Director May 12, 2016

    lobby_day_2016We are ten days out from NORML’s 2016 Conference and Congressional Lobby Day and we are excited to share with you the full itinerary! Have you registered to attend? We have some fun events planned and it would be a shame for you to miss out!

    Our ‘pre-registration’ social will be held at Eden Lounge the night of Sunday, May 22nd where we will have the place to ourselves for private mingling and relaxing. We’ll be welcoming those of you who are travelling from out of town and getting you checked into the event so you won’t have to worry about a thing on Monday morning. This party is free for those who pre-register for our Conference and Lobby Day but for those who wait till the last minute, you will have to pay a cover charge.

    On Tuesday, May 24, during our morning reception on the Hill we have confirmed the participation of three prominent members of Congress: Congressman Earl Blumenauer (D-OR), Congressman Jared Polis (D-CO) and Congresswoman Suzan Delbene (D-WA). Each of them will take time to address NORML’s attendees. This is a unique chance to meet with and hear directly from some of our nation’s most important marijuana law reformers in an intimate setting. You’ll have the opportunity to ask questions and gain insight into the progress we are making at the federal level. Have you ever had the opportunity to speak directly with a member of Congress? Now is your chance!

    We already know you care about marijuana law reform. But now it’s time to take your efforts to the next level! Join us in Washington, DC May 22-24 and tell Congress that it’s time to legalize the responsible adult use of marijuana.

    Register now to attend NORML’s 2016 Conference and Congressional Lobby Day!

  • by Danielle Keane, NORML Political Director May 6, 2016

    US_capitolLegislation around the country is moving quickly and we’ve got numerous updates for you this week. Keep reading below to find out if your state is moving forward with marijuana law reform!

    Alabama: Governor Robert Bentley has signed legislation, House Bill 61, to protect qualified patients eligible for CBD therapy under a physician’s authorization from criminal prosecution. The measure, known as ‘Leni’s Law’, allows qualified patients to possess CBD preparations containing up to three percent THC. The new law takes effect June 1st, 2016.

    Colorado: House and Senate lawmakers have overwhelmingly approved legislation, House Bill 1373, to permit qualified patients access to the use formulations of medical cannabis while on school grounds.The measure now awaits action by Gov. John Hickenlooper, who indicated that he would sign the measure into law. “My son, if he needed medical marijuana and he needed it during the day while he was in school, I’d want him to have that opportunity,” Hickenlooper said.

    Connecticut: House and Senate lawmakers have approved legislation expanding patients’ access to the state’s medicinal cannabis program. House Bill 5450 permits qualifying patients under the age of 18 to possess and consume medical cannabis preparations and it also expands the list of qualifying illnesses eligible for cannabis therapy. Other provisions in the bill seek to establish a statewide clinical research program, and protect nurses from criminal, civil, or disciplinary sanction if they choose to administer marijuana to a qualifying patient in a hospital setting. The measure now awaits action by Governor Dannel Malloy. #TakeAction

    Hawaii: Legislation is pending before Governor David Ige to expand medical cannabis access and dispensing. The measure expands the pool of practitioners who may legally recommend cannabis therapy to include advanced nurse practitioners. Separate provisions in the bill remove the prohibition on Sunday dispensary sales and on the possession of marijuana-related paraphernalia by qualified patients.It also permits the transportation of medical marijuana across islands for the purposes of laboratory testing. #TakeAction

    Kansas: House and Senate lawmakers have signed off on sentencing reform legislation, House Bill 2049, that reduces criminal penalties for first-time marijuana possession offenses from a Class A misdemeanor (punishable by up to one year incarceration and a $2,500 fine) to a Class B misdemeanor (punishable by no more than six months in jail and a $1,000 fine). Second convictions will no longer be classified as a felony offense. The bill now heads to Gov. Brownback’s desk, and will become law if he does not veto it within 10 days. #TakeAction

    Louisiana: Senate legislation to fix and expand the state’s dormant medical marijuana law received a boost this week after a House Committee amended and passed the measure. Senate Bill 271 seeks to change the language of existing law so that physicians may ‘recommend’ rather than prescribe cannabis therapy. Under federal law, physicians cannot legally ‘prescribe’ cannabis or any schedule I substance. It also expands the pool of patients eligible to receive marijuana therapy. The legislation is scheduled to be heard by members of the House Health and Welfare Committee next week. #TakeAction
    marijuana_gavel
    New Hampshire: Members of the House Criminal Justice and Public Safety Committee voted 12 to 7 this week to amend Senate-backed sentencing reform legislation, Senate Bill 498, to also include provisions decriminalizing minor, first-time marijuana possession offenses. The amended language would make first-time offenses a civil violation rather than a criminal offense. The civil penalty would be limited to a fine only: no arrest, prosecution, or criminal record. Subsequent offenses would continue to be classified as misdemeanors. #TakeAction

    Oklahoma: House and Senate lawmakers have approved legislation, HB 2835, to expand the pool of patients eligible to possess cannabidiol under a physician’s authorization. As amended, House Bill 2835 would include legal protections to the following patient groups: those with “spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases.” The measure also removes the age requirement limitation from existing law so that adults with various forms of epilepsy are eligible for CBD therapy. The measure now awaits action from Gov. Mary Fallin. #TakeAction

    Pennsylvania: Representative Ed Gainey is seeking co-sponsors for soon-to-be introduced legislation that would amend minor marijuana possession offenses to a non-criminal offense. Despite both local and nationwide progress on the issue of cannabis prohibition, Pennsylvania continues to charge over 18,000 individuals each year with minor possessory offenses. Please urge your House member to sign on as a co-sponsor to this important legislation. #TakeAction

    Rhode Island: Members of the Senate Judiciary Committee are scheduled to consider SB 2420, legislation to regulate the commercial production and retail sale of marijuana to those over the age of 21, on Tuesday, May 10th.  Adults would be permitted to purchase and possess up to one ounce of marijuana. It also permits adults to cultivate up to two marijuana plants (no more than 1 mature) at home for non-commercial purposes. You can read the full text of this proposal here. #TakeAction

    Tennessee: Two marijuana related measures became law recently in Tennessee. The first permits for the licensed cultivation of industrial hemp when “grown by an institution of higher education in this state that offers a baccalaureate or post-graduate level program of study in agricultural sciences.” The second, amends third-time marijuana possession offenses from a Class E felony, punishable by up to six years in prison, to a misdemeanor offense, punishable by no more than one year in jail. The new sentencing penalties take effect on July 1, 2016.

    For a summary of all pending marijuana legislation, be sure to check out our full #TakeAction center!

    And don’t forget to register to attend NORML’s 2016 Congressional Lobby Day  in Washington D.C. May 23rd and 24th! We have just recently confirmedthree members of Congress’ ability to address our group on Capitol Hill so you won’t want to miss it!

     

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