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LEGISLATION

  • by Paul Armentano, NORML Deputy Director June 13, 2014

    The Jamaica government is poised to relax marijuana possession penalties.

    Justice Minister Mark Golding said yesterday in a statement that a majority of lawmakers are ready to endorse a proposal decriminalizing the possession of the plant.

    “[T]he criminalization of possession of a small quantity of ganja and of smoking ganja has caused significant hardships in Jamaica, particularly among young men,” he said. “A conviction for possession or use of ganja results in a criminal record, which often precludes the offender from engaging certain employment, impacts his ability to get visas to travel overseas, and generally limits his life prospects. This is a serious human rights issue, supporting the cry for reform to our laws in this area.”

    The proposed change in law amends Jamaica’s Dangerous Drugs Act by eliminating criminal penalties pertaining to the private possession of two ounces of cannabis by adults. Rather, such behavior will be reclassified under the law as a “non-arrestable, ticketable infraction … which does not give rise to a criminal record.”

    The proposed changes intend to provid broader protections for those using cannabis for religious or medicinal purposes. “[R]eligious use of ganja ought not to be criminalized, given Jamaica’s history and prevailing socio-cultural and economic environment,” the Justice Minister said. He added, “It is not only wrong but also foolhardy to continue with a law that makes it illegal to possess ganja and its derivatives for medicinal purposes.”

    The Justice Minister said that a majority of Parliament are also backing separate legislation that seeks to expunge the criminal records of those with minor marijuana convictions. Additional legislative efforts are also “underway to develop a legal framework which will allow the emergence of medical ganja and industrial hemp industries in Jamaica,” Golding said.

    Various Jamaican national commissions have previously called on Parliament to enact similar reforms, but lawmakers in the past have largely ignored their recommendations.

  • by Paul Armentano, NORML Deputy Director May 23, 2014

    The Drug Enforcement Agency is permitting Kentucky farmers to go forward with plans to engage in the state-sponsored cultivation of industrial hemp.

    According to the Associated Press, representatives from the federal anti-drug agency late Thursday granted Kentucky regulators permission to import an estimated 250 pounds of hemp seeds.

    The agency had previously confiscated the seeds, which Kentucky officials had ordered from Italy. In response, Kentucky’s Agriculture Department sued the agency last week.

    After two federal hearings, as well as a face-to-face meeting with Senate Minority Leader Mitch McConnell (R-KY), DEA officials on agreed to authorize the shipment of hemp seeds to go forward — ending the approximately month-long standoff. Kentucky’s first modern hemp planting may occur as soon as this weekend, the Associated Press reports.

    In February, members of Congress approved language (Section 7606) in the omnibus federal farm bill authorizing states to sponsor hemp research absent federal reclassification of the plant. Since then, five states — Hawaii, Indiana, Nebraska, Tennessee, and Utah — have enacted legislation authorizing state-sponsored hemp cultivation. (Similar legislation is pending in Illinois and South Carolina.)

    Kentucky lawmakers initially approve legislation regulating hemp production in 2013.

    According to a 2013 white paper authored by the Congressional Research Service, a “commercial hemp industry in the United States could provide opportunities as an economically viable alternative crop for some US growers.”

  • by Paul Armentano, NORML Deputy Director May 21, 2014

    Legislation revamping Missouri’s criminal code became law last Tuesday, absent the signature of Democrat Gov. Jay Nixon.

    Lawmakers and advocates spent some eight years drafting the legislation, Senate Bill 491, which significantly revises the state’s criminal code for the first time in over 30 years. Missouri NORML Coordinator Dan Viets served on the Missouri Bar Association Committee that authored many of the criminal code revisions.

    Provisions in the measure amend marijuana possession penalties. At present, the possession of up to 35 grams of cannabis is classified as a Class A criminal misdemeanor, punishable by up to a one-year incarceration and a $1,000 fine. Under SB 291, the possession of 10 grams or less of cannabis will be reclassified as a Class D misdemeanor (the lowest criminal classification available), punishable by a fine, but not the possibility of jail time. However, the possession of greater quantities of cannabis will remain a Class A misdemeanor offense.

    In 2010, Missouri police made nearly 18,500 criminal arrests for marijuana possession offenses, one of the highest totals in the country.

    Separate provisions in the bill amend Missouri’s “prior and persistent drug offender” law. The changes eliminate the mandate that persons convicted of a drug felony offense for the third time are not eligible for probation or parole.

    Unfortunately, despite the passage of SB 491, Missouri residents ought not to expect legal relief any time soon. That is because the changes to the Missouri criminal code do not take effect until Jan. 1, 2017. Consequently, local activists are continuing their push for a potential 2016 legalization initiative.

  • by Paul Armentano, NORML Deputy Director

    State lawmakers have approved legislation, Senate Bill 155, to fund observational and clinical research assessing the safety and therapeutic efficacy of cannabis. Democrat Gov. John Hickenlooper signed the bill into law today.

    The measure establishes a subaccount of up to $10 million within the state’s medical marijuana program fund to be utilized specifically for the purpose of conducting state-sponsored cannabis research. The intent of this new research program is to “gather objective scientific research regarding the efficacy of administering marijuana and its component parts as part of medical treatment.” The law also establishes a ‘scientific advisory council,’ which may include expert participants from around the nation, to evaluate research proposals and make recommendations in regards to funding requests.

    “SB 155 invests the dollars collected from medical marijuana fees into a meaningful effort to study the therapeutic and medical benefits of the drug,” stated Democrat Rep. Crisanta Duran, a co-sponsor of the bill, told The Huffington Post. “Patients will benefit from this investment and Colorado will become a national leader in developing medical marijuana research.”

    In recent years, only one state — California — has previously earmarked state funding to explicitly sponsor clinical cannabis research. That program, established at various universities statewide, funded numerous clinical trials over the past decade evaluating the efficacy of whole-plant cannabis for a variety of conditions, including multiple sclerosis and neuropathic pain. A review of these trials published in The Open Neurology Journal concluded, “Based on evidence currently available the Schedule I classification is not tenable; it is not accurate that cannabis has no medical value, or that information on safety is lacking.”

    Earlier this month, the US Drug Enforcement Administration (DEA) publicly announced in the Federal Register that it is increasing its marijuana production quota from 21 kilograms to 650 kilograms (about 1,443 pounds) in order to meet increasing demand for the plant from clinical investigators.

    Federal regulations permit a farm at the University of Mississippi to cultivate set quantities of cannabis for use in federally approved clinical trials. Regulators at the DEA, the US Food and Drug Administration, PHS (Public Health Service), and the US National Institute on Drug Abuse must approve any clinical protocol seeking to study the plant’s effects in human subjects — including those trials that are either state or privately funded.

  • by Paul Armentano, NORML Deputy Director May 20, 2014

    South Carolina lawmakers have approved legislation, Senate Bill 839, reclassifying varieties of cannabis possessing minute quantities of THC as an industrial crop rather than a controlled substance. The measure states, “It is lawful for an individual to cultivate, produce, or otherwise grow industrial hemp in this State to be used for any lawful purpose, including, but not limited to, the manufacture of industrial hemp products, and scientific, agricultural, or other research related to other lawful applications for industrial hemp.”

    Members of the Senate voted 42 to zero in favor of the bill. House members late last week also approved the measure by a vote of 72 to 28. Senate Bill 839 now awaits action by Republican Governor Nikki Haley.

    In February, members of Congress approved language (Section 7606) in the omnibus federal Farm Bill (aka the United States Agricultural Act of 2014) authorizing states to sponsor hemp research absent federal reclassification of the plant. Since that time, lawmakers in five states — Hawaii, Indiana, Nebraska, Tennessee, and Utah — have enacted legislation allowing for state-sponsored hemp cultivation.

    On Monday, Illinois Senate members unanimously approved similar legislation, House Bill 5085, in their state. Members of the House had previously voted 70 to 28 in favor of an earlier version of the bill. Once both chambers agree to concurrent language, the measure will go to the Governor’s desk.

    In total, more than a dozen states have enacted legislation redefining hemp as an agricultural commodity and allowing for state-sponsored research and/or cultivation of the crop.

    Last week, Kentucky state officials sued the US Drug Enforcement Administration after the agency refused to turn over a shipment of hemp seeds that were intended to be used as part of a state-approved research program. State officials designed the program to be compliant with Section 7606 of the federal farm bill. A federal hearing in the matter is scheduled for Wednesday, May 21.

    According to the U.S. Congressional Resource Service, the United States is the only developed nation that fails to cultivate industrial hemp as an economic crop.

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