Delaware Gov. Jack Markell signed legislation today decriminalizing minor marijuana possession offenses.
Members of the Senate voted 12 to 9 in favor of the measure, House Bill 39, this afternoon. The Governor signed the measure into law this evening.
House and Senate members approved the measure despite vocal opposition from law enforcement and Republicans. No Republican lawmakers voted in favor of the bill.
Under state law, the possession of personal use quantities of cannabis is classified as a criminal misdemeanor, punishable by up to 6 months in jail, a $575 fine, and a criminal record. House Bill 39 reduces penalties for the possession of up to one ounce of marijuana to a civil violation punishable by a $100 fine only — no arrest, and no criminal record.
The use of marijuana in public or in a moving vehicle will remain a criminal offense.
The new penalties take effect six months from today.
According to the ACLU, Delaware police arrest more than 2,500 individuals annually for simple marijuana possession offenses. Delaware ranks #17 in the nation in per capita marijuana possession arrests. Blacks in Delaware are three times more likely than whites to be arrested for marijuana possession.
Delaware’s decriminalization law mimics similar laws in California, Connecticut, Maine, Maryland, Massachusetts, Mississippi, Nebraska, New York, Rhode Island, and Vermont — each of which treat minor marijuana possessions as a civil violation. Similar legislation in Illinois is awaiting action from the Governor.
Minnesota, Nevada, North Carolina, and Ohio classify marijuana possession as a misdemeanor punishable by a fine only.
Alaska, Colorado, Oregon, and Washington, DC previously enacted marijuana decriminalization policies, but have since amended their laws to legalize the plant’s possession and use.
Members of the United States Senate Appropriations Committee voted by a margin of 2 to 1 today in favor of language limiting the Justice Department’s ability to take criminal action against state-licensed operations that are acting in full compliance with the medical marijuana laws of their states. The provision was offered as an amendment by Sen. Barbara Mikulski (D-MD) in the Senate version of the Fiscal Year 2016 Commerce, Justice, and Science Appropriations bill.
The Senate amendment mirrors language approved by the House last week in their version of the CJS bill.
Passage of the provision reauthorizes protections signed into law last year, but which are set to expire this September.
A vote by the full Senate and reconciliation with the House is necessary before the 2016 spending bill is transmitted to the President.
A majority of the US House of Representatives voted today to reauthorize legislation limiting the Justice Department’s ability to take criminal action against state-licensed individuals or operations that are acting are in full compliance with the medical marijuana laws of their states.
House members voted 242 to 186 in favor of the amendment, offered by Reps. Dana Rohrabacher (R-CA), Sam Farr (D-CA), Reid Ribble (R-WI), Barbara Lee (D-CA), Thomas Massie (R-KY), Joe Heck (R-NV), Steve Cohen (D-TN), Don Young (R-CA), Jared Polis (D-CO), Tom McClintock (R-CA), and Dina Titus (D-NV) as an amendment to the Fiscal Year 2016 Commerce, Justice, and Science Appropriations bill. Sixty-seven Republicans joined 175 Democrats in favor of the provision; 176 Republicans and ten Democrats voted against it.
A similar amendment was signed into law last December. Because that language was included as an amendment to an annual spending bill, it must be reauthorized by Congress or else it will expire in September.
Representative Rohrabacher recently introduced similar stand-alone legislation, H.R. 1940: Respect State Marijuana Laws Act of 2015, after Justice Department officials questioned the extent to which their actions may be curtailed by budgetary amendments.
House members narrowly failed to pass a separate, broader amendment, offered by Reps. Tom McClintock (R-CA), Jared Polis (D-CO), Earl Blumenauer (D-OR), Don Young (R-AK), Barbara Lee (D-CA), and Dana Rohrabacher (R-CA) that sought to halt the Justice Department from interfering in states that have legalized the plant’s production and retail sale for adults. That measure failed by a vote of 206 to 222. (See how your US Representative voted here.)
The Commerce, Justice, and Science Appropriations bill will now go before members of the US Senate for further debate.
Members of the United States House of Representatives are anticipated to vote this week (perhaps as earl as Tuesday night) on a series of amendments to a Justice Department spending bill. These amendments seek to limit the federal government’s intrusion in states that have regulated various aspects of marijuana production and access.
Specifically, Representatives Tom McClintock (R-CA) and Jared Polis (D-CO) are introducing an amendment intended to halt the federal prosecution of individuals involved in marijuana-related activities that are in compliance with the laws of their states. Last year, Congressional members approved an amendment to the DOJ funding bill that restricted the Department from interfering in activities specific to state medical marijuana programs. (That measure is also up for re-authorization; to learn more click here.) This year’s McClintock/Polis amendment is broader in its scope as it seeks to halt Justice Department interference among individuals and businesses engaged in state-compliant transactions particular to both the medical or recreational use of cannabis.
Please call your US Representative today via NORML’s Take Action Center here to support the McClintock/Polis amendment. Let them know that this amendment is supported by a majority of voters. According to a 2015 nationwide Pew Research poll, 59 percent of Americans agree that the government should not enforce federal marijuana laws in states that allow its use. Majorities of both Democrats and Republicans endorse this position.
Twenty-three states now permit the medical use of cannabis, while four states now regulate the plant’s production and sale to all adults. Tell Congress that federal officials should not stand in the way of these state policies and to vote ‘yes’ on the McClintock/Polis amendment.
You can also e-mail your House member and tell them to vote ‘yes’ on the McClintock/Polis amendment by clicking here.
The majority of the US Senate Appropriations Committee on Thursday cast votes in favor of expanding medical cannabis access to United States veterans. The committee vote marks the first time that a majority of any body of the US Senate has ever decided in favor of increased cannabis access.
Committee members voted 18 to 12 in favor of The Veterans Equal Access Amendment, sponsored by Republican Senator Steve Daines of Montana and Democratic Senator Jeff Merkley of Oregon. It was added in committee to a must-pass military construction and veterans affairs spending bill (the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act). The bill is “certain” to pass on the Senate floor, according to a Drug Policy Alliance press release.
Weeks ago, House members narrowly killed a similar amendment in the House version of the Appropriations Act by a floor vote of 210 to 213. Once the Senate version of the act is passed by the Senate floor, House and Senate leaders will need to reconcile the two versions.
The Daines/Merkley amendment permits physicians affiliated with the US Department of Veterans Affairs (VA) to recommend cannabis therapy to veterans in states that allow for its therapeutic use. Under current federal law, VA doctors are not permitted to fill out written documentation forms authorizing their patients to participate in state-sanctioned medical cannabis programs.
Stand-alone legislation (HR 667) to permit VA physicians to recommend cannabis therapy is pending in the US House of Representatives, Committee on Veterans Affairs: Health Subcommittee. A similar provision is also included in Senate Bill 683/HR 1538, The Compassionate Access, Research Expansion, and Respect States (CARERS) Act.
NORML coordinated its 2015 legislative ‘fly-in’ and lobby day in Washington, DC this past week, where many attendees visited with US Senators and urged them to vote for the Daines/Merkley amendment, among other pending reform legislation. Archived presentations from the conference are online here.
To learn and/or to contact your elected officials in regard to other pending marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.