While the Presidential candidates clarify their marijuana-centric positions and voters in one state (Ohio) prepare to decide on legalizing the plant, state and federal lawmakers continue to move forward with legislative reforms. Here’s a look at some recent, pending legislative developments.
To support the measures below, please use our #TakeAction Center to contact your state and federal elected officials! A full list and summary of pending state and federal legislation is available here. Summaries of the dozens of marijuana law reform bills approved this year is also available here.
New Federal Bill Introduced:
Washington Congresswoman Suzan DelBene is sponsoring H.R. 3746, the State Marijuana and Regulatory Tolerance (SMART) Enforcement Act, to protect medical patients, recreational consumers, and licensed businesses in states that regulate marijuana. Under this proposal, the US federal Controlled Substances Act would no longer be inapplicable in states that have legalized and regulated marijuana in a manner that addresses key federal priorities, such as preventing the distribution of marijuana to minors and drug-induced impaired driving.
State Legislative Developments:
California: Democrat Gov. Jerry Brown has signed into law a legislative package of bills that seek to provide statewide regulations for California’s medical cannabis industry.
The Medical Marijuana Regulation and Safety Act, which consists of three separate bills (Assembly Bill 266, Assembly Bill 243, and Senate Bill 643), creates a new state agency within the Department of Consumer Affairs to develop rules and licensing procedures for authorized medical cannabis dispensaries. Dispensaries must be compliant with local guidelines prior to receiving a state license. State-licensed dispensaries will be permitted to operate on a ‘for profit’ basis. However, the new regulations will not override existing municipal moratoriums, nor will they prohibit the collection of local sales taxes on marijuana purchases in communities that presently impose them.
Separate language in the Act seeks to regulate the licensed production of cannabis and imposes rules in regard to growing, testing, and labeling cannabis like other agricultural products. The Act also seeks to provide additional oversight to physicians who recommend cannabis therapy. However, it does not limit physicians from recommending cannabis at their own discretion – activity that is codified under Proposition 215/the Compassionate Use Act.
The new law takes effect on January 1, 2016. However, regulations imposed by the new law are not expected until early 2017.State licensing is anticipated to begin in early 2018.
Illinois: House members are considering House Bill 4276, the Cannabis Regulation and Taxation Act, to permit those over the age of 21 to legally possess up to 30 grams of cannabis and/or to engage in the home cultivation of marijuana for non-commercial purposes (up to eight plants at any one time.) Adults would be permitted to possess the full harvest from their plants and would not be subject to any taxation or commercial fees for engaging in home cultivation. Existing criminal penalties involving the possession or cultivation of marijuana above these limits would also be significantly reduced under this measure.
Michigan: House members recently amended and passed legislation to expand Michigan’s existing medical marijuana law.
House Bill 4209 would license and regulate above-ground, safe access facilities for state-qualified patients seeking medical marijuana. Previously, lawmakers wanted to impose a special 8 percent excise tax on dispensary-related income; however, following the objections of advocates who argued that the imposition of additional fees would drive many patients to the black market, this proposed tax now been lowered to 3 percent.
House Bill 4210 would provide qualified patients legal protections for their use of non-smoked cannabis derived topicals and edibles, as well as cannabis-based extract products. Lawmakers also passed a third bill, HB 4827, which seeks to establish regulations tracking the production and sale of medical marijuana products.
This package of bills now goes before the Senate Judiciary committee for consideration.
Additional information for these and other pending legislative measures may be found at our #TakeAction Center!
** A note to first time readers: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so. NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and to make the changes they want to see. Get active; get NORML!
Regulations permitting state-licensed medical cannabis dispensaries to also engage in retail sales to those ages 21 or older take effect on Thursday, October 1. An estimated 200 facilities are anticipated to begin providing cannabis to adults.
Customers will be permitted to purchase up to a quarter ounce of herbal cannabis daily, as well as up to four non-flowering plants, but they will not be allowed to obtain cannabis-infused products until early next year.
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 license, regulate, and tax retail sales of cannabis beginning next year. However, separate legislation (Senate Bill 460) signed into law in August permits licensed medical dispensaries the option to engage in provisional, tax-free retail sales of cannabis until January 4, 2016.
Colorado and Washington presently permit retail sales of cannabis, while similar regulations are forthcoming in Alaska. (A voter-initiated law in the District of Columbia permits adults to possess and grow marijuana legally, but does not provide for a regulated commercial cannabis market.)
California lawmakers approved a series of bills in the final hours of the 2015 legislative session that seek to establish statewide rules and oversight governing the distribution of medicinal cannabis. The three bills — Assembly Bill 266, Senate Bill 643, and Assembly Bill 243 — now await final approval from Democrat Gov. Jerry Brown.
Much of the measures’ finalized language was amended and approved by lawmakers at the close of the session and was not subject to public testimony or significant floor debate.
Specifically, the legislative package creates a Bureau of Medical Marijuana Regulation within the Department of Consumer Affairs to develop rules and licensing procedures for authorized medical cannabis dispensaries. Dispensaries will be required to operate in accordance with local guidelines prior to receiving a state license. State-licensed dispensaries will be permitted to operate on a ‘for profit’ basis. However, the new regulations do not override municipal moratoriums that are already in place prohibiting such operations in various jurisdictions throughout the state, nor do they prohibit the collection of local sales taxes on marijuana purchases in communities that presently impose them.
Separate language in the bills seeks to regulate the licensed production of cannabis and imposes rules in regard to growing, testing, and labeling cannabis like other agricultural products. The bills also seek to provide additional oversight to physicians who recommend cannabis therapy. However, the measures do not limit physicians from recommending cannabis at their own discretion — activity which is codified under Proposition 215/the Compassionate Use Act.
Proposed language seeking to impose an excise tax on various cannabis products was not included in the final bill package.
If signed into law, the new regulations will take effect in 2017.
California voters initially approved Proposition 215 in 1996, which permits qualified patients to possess and/or grow marijuana for therapeutic purposes. However, the measure did not provide language explicitly providing for third-party providers outside of assigned caregivers, instead calling upon state lawmakers “to implement a plan of safe and affordable distribution of marijuana to all patients in medical need of marijuana.”
California NORML has additional information of the measures here and here.
News reports out of Vermont indicate that a major political shift has just occurred that well positions the state legislature to become the first in the nation to end cannabis prohibition and replace with tax-n-regulate policies.
The four states (Alaska, Colorado, Oregon and Washington) that have chucked cannabis prohibition have done so by popular vote on binding ballot initiatives passed by citizens, not legislators. Historically, circa 1996, most all substantive cannabis law reforms at the state level have happened because of ballot initiatives, not legislation.
With national surveys and the vote totals in favor of legalizing cannabis in the four vanguard states equaling similar levels of support–54%–some elected officials have finally ‘got it’ about the need to end cannabis prohibition, if only because it is no longer politically popular.
A state legislature voting in the majority for cannabis legalization, with a supportive governor awaiting passed legislation to sign, has yet to happen in America. Arguably, once a state legislature passes cannabis legalization legislation, this action more so than voter initiatives placed on the ballot by stakeholders in reform (be them civil justice groups or business interests) will likely spark a ‘reefer revolution’ among states that want the revenue and public policy controls that the long-failed federal prohibition does not provide them.
With a largely supportive and anti-prohibtion legislature and governor (in Democrat Peter Shumlin) already in place in the Green Mountain state, the only political impediment was the Speaker of the House Shap Smith, who, in his run up to try to become the state’s next governor, has reversed his public stance on cannabis legalization from undecided to publicly endorsing Vermont legalizing cannabis:
“It’s clear to me in my discussions with Vermonters that in general, the people in this state probably favor legalization. And I certainly believe that we can legalize marijuana if we do it right.” – House Speaker Shap Smith
Will the Vermont legislature be the first one to officially legalize cannabis?
Yesterday’s policy reversal from Speaker Smith almost certainly places Vermont in the lead to do so.
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.