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LEGISLATION

  • by Paul Armentano, NORML Deputy Director July 16, 2014

    A new District ordinance reducing marijuana possession penalties to a $25.00 fine-only violation goes into effect at midnight tonight.

    Washington, DC City Council members overwhelmingly approved the legislation, entitled “The Simple Possession of Small Quantities of Marijuana Decriminalization Amendment Act,” this past spring. The measure amends District law involving the possession or transfer of up to one ounce of marijuana from a criminal misdemeanor (formerly punishable by up to 6 months incarceration and a maximum fine of $1,000) to a civil violation (punishable by a $25.00 fine, no arrest, no jail time, and no criminal record).

    Offenses involving the public consumption of cannabis remain classified as a criminal misdemeanor under DC law, punishable by up to six-months in jail and a $500 fine. The possession of cannabis-related paraphernalia will be re-classified as a violation, not a criminal offense.

    An analysis published by the American Civil Liberties Union reported that the District possesses the highest percentage of marijuana possession arrests per capita in the nation.

    Weeks ago, Congressman Andrew Harris (R-MD) introduced a language to undermine the implementation of this act. However, that provision remains pending and is strongly opposed by the White House.

    The District’s $25.00 fine-only measure is similar to existing ‘decriminalization’ laws in California, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, Rhode Island, and Vermont where private, non-medical possession of marijuana is treated as a civil, non-criminal offense.

    Five additional states — Minnesota, Mississippi, Nevada, North Carolina, and Ohio — treat marijuana possession offenses as a fine-only misdemeanor offense.

    Three states — Alaska, Colorado, and Washington — impose no criminal or civil penalty for the private possession of small amounts of marijuana.

  • by Paul Armentano, NORML Deputy Director July 3, 2014

    Proponents of a statewide initiative to regulate the commercial production and retail sale of marijuana have turned in 145,000 signatures to the Secretary of State’s office. The total is almost twice the number of signatures from registered voters necessary to place the measure on the 2014 electoral ballot.

    State officials have until August 2 to verify the signatures.

    The proposed ballot initiative (Initiative Petition 53) seeks to regulate the personal possession (up to eight ounces), commercial cultivation, and retail sale of cannabis to adults. Taxes on the commercial sale of cannabis under the plan are estimated to raise some $88 million in revenue in the first two years following the law’s implementation. Adults who engage in the non-commercial cultivation of limited amounts of cannabis (up to four plants) for personal use will not be subject to taxation.

    On Tuesday, the measure’s proponents, New Approach Oregon, debuted their first television ad in support of the initiative.

    A statewide Survey USA poll released last month reported that 51 percent of Oregon adults support legalizing the personal use of marijuana. Forty-one percent of respondents, primarily Republicans and older voters, oppose the idea. The poll did not survey respondents as to whether they specifically supported the proposed 2014 initiative.

    Alaska voters will decide on a similar legalization initiative in November. Polling data shows that 55 percent of registered voters back the plan, while 39 percent oppose it. Florida voters will also decide in November on a constitutional amendment to allow for the physician-authorized use of cannabis therapy. A May 2014 Quinnipiac University poll reported that Floridians support permitting physicians to authorize medical marijuana to patients by a margin of 88 percent to 10 percent.

  • by Erik Altieri, NORML Communications Director June 19, 2014

    New York State lawmakers announced today that they have come to agreement to approve a limited pilot program for medical marijuana in the Empire State.

    An agreement was reached to amend the bill to include provisions demanded by Democratic Governor Andrew Cuomo, including provisions that prohibit the smoking of marijuana. Instead, the amended measure is expected to only allow for non-smoked preparations of cannabis (such as oils). The compromised measure also reduces from the original bill of the number of qualifying conditions, as well as the total number of state-licensed producers and dispensers that will be allowed. (A final draft of the compromised language has not yet been made public.)

    The pilot program will be overseen by the State Health Department and would last for seven years, with the option to reauthorize the program after that period has expired. After final approval, the State Health Department will have up to 18 months to establish regulations and authorize entities permitted to dispense it. The governor, upon recommendation by the state police superintendent or the state health commissioner, would have the authority to suspend the program.

    NORML will keep you updated as this situation evolves.

  • by Paul Armentano, NORML Deputy Director

    Senate members are expected to vote imminently in regard to language that seeks to bar the US Justice Department from interfering in activities that are compliant with state medical cannabis laws.

    Senators Rand Paul (R-KY) and Cory Booker (D-NJ) will introduce the bipartisan amendment, which will be similar to language approved by the US House of Representatives earlier this month. As with other legislation, the amendment must be approved by majorities in both legislative chambers before it is sent to the President for approval.

    This will be the first time in recent memory that US Senators have ever decided on provisions specific to liberalizing America’s marijuana policies.

    It is time that we allowed our unique federalist system to work the way it was intended. Patients and providers should be permitted to engage in state-sanctioned, medical cannabis-related activities free from the threat of federal interference or federal prosecution.

    Please write or call your members of Senate today and tell them to stop using taxpayer dollars to target and prosecute state-authorized medical marijuana patients and providers. For your convenience, a pre-written letter will be e-mailed to your Senators when you visit here.

  • by Erik Altieri, NORML Communications Director

    Today, the full Philadelphia City Council voted 13 to 3 in support of a measure that would lower the penalty for possession of up to one ounce of marijuana to a civil infraction, punishable by a $25 fine.

    All 13 of the Democratic members of the City Council voted for it and all three Republicans voted against. The measure now goes to Philadelphia Mayor Nutter’s desk for signature. NORML’s local chapter, Philly NORML, has been working hard on advancing these reforms for many years and those efforts seem to be finally paying off.

    Councilman Bill Greenlee, who voted in support of decriminalization, stated, “It does not seem fair for what most people consider a minor incident to potentially risk people’s future.”

    Councilwoman Cindy Bass, who also voted “Yes” on the bill, said, “To spend the time and the amount of money that is really required to prosecute someone with small amounts of marijuana, while we have so many other bigger issues in the city, does seem a little bit not where we need to be headed.”

    Bill sponsor Councilman Jim Kenney estimates that the new pot policy could save the police department and the courts about $4 million a year.

    NORML will keep you updated if and when the mayor signs this measure.

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