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LEGISLATION

  • by Justin Strekal, NORML Political Director April 22, 2017

    revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

    What a week it has been! With our 4/20 Online Day of Action, we have blown past the goals we had set and have now driven over 35,000 messages to Congress on HR 1227, the Ending Federal Marijuana Prohibition Act of 2017. If you have not yet, do so RIGHT NOW by clicking here. 

    This last week, West Virginia Governor Jim Justice (D) signed into law the West Virginia Medical Cannabis Act — a state-sponsored program that will permit qualified patients to obtain medical cannabis from licensed dispensaries. With the addition of WV, the United States will soon have 30 medical marijuana programs throughout the country.

    With the current Federal budget set to expire at the end of next week, it is imperative that Congress reauthorize the Rohrabacher-Farr amendment, which protects those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. Send a message to your members of Congress now to protect patients.

    Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

    Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

    Thanks for all you do and keep fighting,
    Justin

    Priority Alerts

    Federal
    Protect Patients: Since 2014, members of Congress have passed annual spending bills that have included a provision protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. The amendment, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

    In December, Congress re-authorized the amendment as part of a short term spending package, House Resolution 2028. This bill extends federal funding through April 28, 2017, at which time the measure — and the Rohrabacher-Farr Amendment — will expire.

    Click here to message your members of Congress to protect state medical marijuana and their patients. 

    Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

    Click here to email your Member of Congress to urge them to join the newly created Congressional Cannabis Caucus

    Florida
    On November 8th, more than 71 percent of Florida voters decided in favor of the constitutional amendment, Amendment 2, to allow for the licensed production, use, and dispensing of medical cannabis to patients with a doctor’s recommendation. However, state politicians are contemplating legislative efforts to amend the law in a manner that violates both its spirit and intent.

    FL resident? Click here to send a message to your elected officials and demand that they support medical marijuana in Florida

    Iowa (at Governor)
    In a last minute deal by Iowa state lawmakers, both chambers passed HF 524, which would expand the narrow access of CBD with up to 3% THC to patients who have been diagnosed by an Iowa-licensed physician with Parkinson’s disease, cancer, multiple sclerosis, seizures, AIDS and HIV, Crohn’s disease and Amyotrophic Lateral Sclerosis, as well as most terminal illnesses that have a life expectancy of less than one year and untreatable pain. The bill also sets up a framework for in-state production of the medicine. The bill now goes to Governor Terry Branstad (R) for his signature or veto.

    IA resident? Click here to send a message to Gov. Branstad and urge him to sign HF 524

    Texas
    HB 2200, will provide an affirmative defense regarding medical cannabis that would protect patients, caregivers, and doctors, will be heard on April 24.

    Affirmative defense establishes a basic set of facts surrounding marijuana possession cases. If someone with a qualifying medical condition is caught possessing marijuana, an affirmative defense for the individual would likely result in a more lenient punishment.

    TX resident? Click here to send a message to your elected officials to support this common sense reform.

    Vermont
    Members of the Senate voted 21 to 9 on April 21 in favor of an unrelated House bill, H. 167, which Senators had amended to include language to legalize the recreational marijuana market. Other Senate amendments in the bill mimic language in H. 170, which eliminates criminal and civil penalties specific to the possession or cultivation of personal use quantities of cannabis. The amended version of H. 167 now returns to the House for further action.

    VT resident? Click here to send a message to your lawmakers and support legalizing marijuana in Vermont.

    Other Actions to Take

    Arizona
    Legislation is pending, SB 1337, to permit for the licensed production of industrial hemp.

    Update: Members of the House Standing Committee and the House Appropriations Committee both passed SB 1337 by votes of 7 to 1 and 12 to 1 respectively.

    AZ resident? Click here to email your elected officials to support hemp in Arizona.

    California
    Legislation is pending, Assembly Bill 1578, to try and limit potential federal interference in the state’s marijuana regulatory laws.

    The bill states, “This bill would prohibit a state or local agency, as defined, from taking certain actions without a court order signed by a judge, including using agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, or arrest a person for commercial or noncommercial marijuana or medical cannabis activity that is authorized by law in the State of California and transferring an individual to federal law enforcement authorities for purposes of marijuana enforcement.”

    Update: AB 1578 was passed by members of the Public Safety Committee on April 18 by a vote of 5-2.

    CA resident? Click here to email your elected officials to support this effort. 

    Louisiana
    SB 35, introduced by Sen. Yvonne Colomb, provides explicit exemptions from arrest and prosecution for persons lawfully in possession of medical marijuana.

    Presently, state regulators are finalizing rules and regulations governing its nascent medical cannabis program, which seeks to permit the production, dispensing, and use of non-herbal preparations of cannabis for qualified patients. Passage of SB 36 amends various criminal statutes to assure that those involved in the program are not inadvertently subject to criminal liability.

    LA resident? Click here to support this common sense legislation. 

    Nevada
    Senate legislation is pending, SB 236, to regulate the social use of cannabis.

    The measure allows select businesses to apply for licensing to permit adult marijuana use on their premises. It would also allow event organizers to seek permits to allow adult use at specific events.

    Update: SB 236 was amended in the Senate Judiciary Committee on 4/12 and it passed as amended.

    NV resident? Click here to support marijuana social clubs in Nevada. 

    New Hampshire
    Multiple bills are pending before lawmakers to expand the pool of patients eligible to qualify for medical marijuana therapy.

    In particular, these measures would permit patients with conditions like chronic pain and post-traumatic stress to obtain legal access to marijuana.

    Update: Members of the Senate Health and Human Services Committee on April 20 passed HB 157 out of Committee.

    NH resident? Click here to send a message to your lawmakers to support patients. 

  • by Justin Strekal, NORML Political Director April 17, 2017

    image420actionIt’s that time of the year again. Long recognized as the national marijuana holiday, April 20th presents us with an opportunity to make our voices heard: 

    Click here to sign up for the Online Day of Action

    When Jeff Sessions was nominated Attorney General, NORML worked with all of you to send out a “Thunderclap,” a powerful social media tool that enabled us to reach more than 2 million people with our #JustSayNoToSessions campaign. While we were unable to stop Sessions from being confirmed, he did hear the message loud and clear. Just last week, he said:

    “When they nominated me for Attorney General, you would have thought the biggest issue in America was when I said, ‘I don’t think America’s going to be a better place if they sell marijuana at every corner grocery store, (People) didn’t like that; I’m surprised they didn’t like that.

    Now, with the establishment of the Cannabis Caucus and the introduction of the Ending Marijuana Prohibition Act of 2017, we must make every member of Congress feel the same pressure.

    NORML has been in this fight for over 47 years because we believe that responsible adults who choose to consume marijuana should not be be persecuted or stigmatized. Despite our recent victories, the forces of the prohibition-industrial complex remain strong and the government’s marijuana misinformation campaign that has spanned from Reefer Madness to D.A.R.E. is still deeply entrenched. However, just as we have for decades, we will fight on and not be deterred.

    We must continue to educate our legislators and neighbors alike. That is why on this 4/20 we are calling upon Americans to contact their members of Congress and say “Enough is Enough” to marijuana prohibition. 

  • by Justin Strekal, NORML Political Director April 15, 2017

    revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

    First off – Happy Tax Day! (If you’re into that sort of thing)

    As we approach 4/20, a number of bills at the state level have seen significant movement, both good and ugly for progress.

    First, the downers: In Tennessee, the state legislature passed and the Governor signed a bill preventing cities within the state from decriminalizing marijuana. Apparently, the status quo of arresting people and sentencing otherwise law-abiding citizens to jail time is a good use of state resources. In TN, a simple possession charge can result in a #250 fine and up to one year in prison. Read more about the state laws here. Additionally, a special tax on medical marijuana is now at the Governor’s desk in Arkansas.

    On more positive notes: we have seen progress in a number of states with bills now before the the Governors of Georgia, Hawaii, Maryland, Oregon, and soon-to-be Indiana. Read about it below in the priority alerts section.

    Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

    Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

    Thanks for all you do and keep fighting,
    Justin

    Priority Alerts

    Federal

    Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

    Click here to email your Member of Congress to urge them to join the newly created Congressional Cannabis Caucus

    Florida
    On November 8th, more than 71 percent of Florida voters decided in favor of the constitutional amendment, Amendment 2, to allow for the licensed production, use, and dispensing of medical cannabis to patients with a doctor’s recommendation. However, state politicians are contemplating legislative efforts to amend the law in a manner that violates both its spirit and intent.

    House Bill 1397 and Senate Bill 406 have both been introduced to initially cap the number of available providers and dispensers, yet there are distinct differences between the two.

    Although neither of these bills truly satisfies the true intent of Amendment 2, Florida NORML contends that Senate Bill 406 is preferable to the House bill. With amendments to both bills expected, we urge Floridians to support the Senate implementation bill and to continue to advocate for further amendments to expand patients’ access.

    FL resident? Click here to contact your elected officials telling them to protect Amendment 2

    Georgia – (At Governor)
    SB 16, a bill to expand Georgia’s CBD-exemption law is awaiting action from Gov. Nathan Deal.

    The bill expands the qualifying pool of patients eligible to possess CBD extracts to include those with autism, epidermolysis bullosa, AIDS, Tourette’s Syndrome, and peripheral neuropathy. The bill also permits the possess of CBD-dominant oil to be used by anyone under hospice care.

    GA resident? Click here to tell Gov. Deal to sign this bill. 

    Hawaii – (At Governor)
    Legislation to expand Hawaii’s medical cannabis program has passed both legislative chambers.

    The bill, HB 1488, has passed both the House and Senate. Senate changes to the bill must now be approved by members of the House before it can be sent to the Governor.

    The bill expands the number of qualifying conditions eligible to receive cannabis therapy to include: lupus, epilepsy, multiple sclerosis, arthritis, and autism. It also permits patients’ caregivers to engage in medical cannabis cultivation, among other changes.

    HI resident? Click here to tell the Governor to sign the bill. 

    Indiana – (At Governor)
    House and Senate lawmakers have approved separate versions of legislation (House Bill 1148 and Senate Bill 15) to exempt criminal penalties for the possession of CBD extracts by qualified patients.

    Both bills seek to exempt penalties for the use of CBD extracts by patients with treatment resistant epilepsy. The bills differ regarding whether or not the state ought to establish a patient registry and with regard to the percentage of CBD that must be present in order for the substance to qualify as exempt under state law.

    IN resident? Click here and email the Governor to sign the bill when it reaches their desk. 

    Iowa
    Senate Study Bill 1190, labeled The Compassionate Use of Cannabis Act, was approved Wednesday morning, April 12 on a 3-0 subcommittee vote and it cleared Senate Appropriations Committee Wednesday afternoon. Sen. Charles Schneider, R-West Des Moines, said the bill could be approved by the full Senate as early as Monday, which would send the measure to the House for consideration.

    IA resident? Click here to email your lawmakers to support the Compassionate Use of Cannabis Act

    Maryland – (At Governor)
    Senate Bill 949 permit those who received a criminal marijuana possession conviction prior to October 1, 2014, to seek expungement of their records.

    Maryland law was amended on that date so that the possession of up to ten grams of cannabis is no longer a criminal offense.

    The Senate has passed enrolled SB 949 which means the bill was adopted with the House amendments. SB 949 has now been sent to the governor for approval.

    MD resident? Click here to send a message to Gov. Hogan to sign the bill. 

    New Hampshire
    New Hampshire is the only New England state that has not either decriminalized or legalized adult marijuana use.

    HB 640, sponsored by 6 Republicans and 6 Democrats, will amend criminal penalties for marijuana possession is pending in the House, where lawmakers have overwhelmingly supported such efforts for eight years in a row. However, legislators this year are hopeful that, for the first time, they also have sufficient votes to also clear the Senate, yet the Senate has yet to take a vote.

    NH resident? Click here to contact your lawmakers now and demand a vote. 

    Additionally in New Hampshire, multiple bills are pending before lawmakers to expand the pool of patients eligible to qualify for medical marijuana therapy.

    Members of the Senate Health and Human Services Committee on April 13 passed both HB 157 and HB 160 out of Committee.

    In particular, these measures would permit patients with conditions like chronic pain and post-traumatic stress to obtain legal access to marijuana.

    NH resident? Click here to contact you lawmakers to support these efforts. 

    North Dakota – (At Governor)
    Members of the House and Senate have reconciled SB 2344. The measure now awaits action from Gov. Doug Burgum, who intends to sign it into law. The measure allows only two state-licensed manufacturing facilities and up to eight dispensaries statewide (These facilities are anticipated to be operational within 12 to 18 months after law’s passage). It removes provisions in Measure 5 permitting patients who do not reside near a dispensary to cultivate their own cannabis. Amendments that sought to prohibit smoking herbal formulations of cannabis were not included in the final version of SB 2344, although qualified patients under the age of 19 will now be mandated only to consume cannabis in ways other than smoking.

    ND resident? Send a message to the Governor expressing your disapproval of the stripping of home grow rights for patients.

    Oregon – (At Governor)
    SB 863, to limit the federal government from acquiring data regarding adults and patients who legally purchase marijuana under state law.

    The emergency legislation, which would take immediate effect, mandates that retailers and dispensaries do not maintain customers’ purchase and/or personal identification records beyond 48 hours.

    Members of the House on 4/10 voted 53 to 5 in favor of SB 863. The measure now awaits action from Gov. Kate Brown.

    OR resident? Email Governor Brown now to sign this legislation right away.

    West Virginia – (At Governor)
    A coalition of Senate lawmakers have introduced legislation, SB 386, which seeks to establish the West Virginia Medical Cannabis Act — a state-sponsored program that will permit qualified patients to obtain medical cannabis from licensed dispensaries.

    The House and Senate concurred on an amended version of SB 386 on April 6. A summary of the amended bill is online here. The measure now goes to the Governor, who indicates that he intends to sign it.

    WV resident? Email the Governor expressing support for this bill 

    Other Actions to Take

    Arkansas  – (At Governor)
    House Bill 1580 imposes a special eight percent statewide tax upon medical marijuana sales. This tax would be in addition to the imposition of existing state and local taxes.While NORML generally does not oppose the imposition of fair and reasonable sales taxes on the commercial sales of cannabis for recreational purposes, we do not support such excessive taxation on medical sales. Most other states that regulate medical cannabis sales do not impose such taxes and Arkansas patients should not be forced to pay these excessive costs.AR resident? Click here to email the Governor urging a veto

    Colorado
    State officials in Colorado are considering legislation, SB 192, to protect the state’s adult use marijuana industry in case of a potential federal crackdown.

    The bill would permit adult use growers and sellers to instantly reclassify their recreational marijuana inventory as medical marijuana “based on a business need due to a change in local, state, or federal law or enforcement policy.” In recent weeks, officials from the Trump administration have indicated that they may consider taking action against recreational marijuana providers, but that they will not likely move against state-licensed medical marijuana providers.

    Update: SB 192 passed the Senate on April 12 and now awaits action from the House.

    CO resident? Click here to email your lawmakers to in support of this legislation. 

    Vermont
    Legislation is pending, H.170, to eliminate civil and criminal penalties specific to the possession and cultivation of personal use quantities of marijuana by adults.

    If passed, the measure would legalize the possession of up to 2 ounces of marijuana, up to ten grams of hashish, and/or the cultivation of two marijuana plants in a private residence.

    Update: The House Committee on Human Services held another hearing for H 170 on Tuesday 4/11 yet still have not taken a vote.

    VT resident? Click here to email your lawmakers and demand a vote. 

  • by Erik Altieri, NORML Executive Director April 13, 2017

    legalizationToday, the federal Liberal government of Canada released a slate of proposed bills that would legalize and regulate the commercial sale and adult use of marijuana in the country. The legislation would establish 18 as the minimum legal age to purchase marijuana and would create a legal framework for production, sale, and distribution. The bills were introduced in the House of Commons by Justice Minister Jody Wilson-Raybould, Public Safety Minister Ralph Goodale, Health Minister Jane Philpott and Foreign Affairs Minister Chrystia Freehand.

    You can read more details on the proposed legislation HERE.

    This sensible approach to marijuana stands in stark contrast to the direction and tone United States President Donald Trump and his administration have been taking on the issue. While the Canadian government is moving in the direction of legalization and regulation, the Trump Administration and Attorney General Jeff Sessions seem more intent on reviving outdated and erroneous Drug War rhetoric than allowing science and facts to dictate public policy. The United States should follow Canada’s example and end our own costly and disastrous prohibition on marijuana.

    CLICK HERE TO EMAIL YOUR REPRESENTATIVE TODAY AND URGE THEM TO END FEDERAL MARIJUANA PROHIBITION

  • by Paul Armentano, NORML Deputy Director April 10, 2017

    3410000930_95fc2866fa_zRepublican Gov. Susana Martinez has vetoed legislation, House Bill 527, which would have greatly expanded the state’s decade-old medical cannabis program.

    For those keeping track, this is the third marijuana-related bill the Governor has vetoed this legislative session. In March, Gov. Martinez rejected without explanation a pair of measures that sought to license the cultivation of industrial hemp in compliance with Section 7606 of the Federal Farm Act. Governor Martinez previously received a ‘F’ grade on NORML’s 2016 Gubernatorial Report Card.

    In her veto statement of HB 527, the Governor opined that she did not favor adding new qualifying conditions by legislative action. She specifically expressed concerns regarding the use of cannabis for those suffering from opioid dependence, and for those patients registered in other states. Studies report that the use of cannabis is associated with a reduction in opioid use, abuse, mortality, and hospitalizations.

    Had HB 527 been signed into law, it would have permitted qualified patients to receive organ transplants, it would have expanded the list of qualifying illnesses for which medical cannabis may be recommended, and it would established reciprocity for non-residents, among other changes.

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