Next Tuesday is National Voter Registration Day and NORML will be releasing an updated and revised 2016 Congressional Scorecard. The Scorecard is an all-encompassing database that assigns a letter grade ‘A’ through ‘F’ to members of Congress based on their marijuana-related comments and voting records.
With the 2016 presidential election drawing closer and statewide marijuana initiatives qualified for the ballot in nine states, we need YOU to make it out to the polls to support ending cannabis prohibition. Join us in celebrating National Voter Registration Day next Tuesday by double-checking your status as a voter and encouraging your friends and family to do the same. Take a look at how we graded your members of Congress and bring that information with you to the polls on Election Day!
California: Sixty percent of likely voters say they would vote for Proposition 64: the Adult Use of Marijuana Act according to the latest poll out of the Public Policy Institute of California (PPIC). Only 36 percent of voters said they are against the pending ballot initiative.
A just-released California Field poll similarly finds that likely voters back Prop. 64 by a margin of 60 percent to 31 percent.
Proposition 64 permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”
The ballot measure is endorsed by the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the California League of Conservative Voters, Equality California, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML.
Michigan: Governor Rick Snyder has signed a package of legislation into law regulating the retail sale of medical cannabis and cannabis-infused products. The measures are ordered to take immediate effect.
The measures seek to clarify and expand various aspects of the state’s 2008 medical cannabis law. Specifically, the new law provides qualified patients for the first time with legal protections regarding the possession and use of non-smoked cannabis derived topical products and edibles, as well as cannabis-based extract products. The law also licenses and regulates facilities where state-qualified patients may legally obtain medical marijuana.
Michigan was one of the only medical marijuana states in the country that had yet to regulate the dispensing of medicinal cannabis. About 210,000 residents are now registered in the state’s medical program.
Missouri: Voters will not have the opportunity this November to decide on a proposed statewide proposition to permit the physician-supervised use of marijuana.
A Cole County Circuit Judge this week upheld a decision by St. Louis election officials to disqualify thousands of petition signatures because voters had mistakenly signed forms indicating that they resided in a county other than where they lived.
The measure, sponsored by New Approach Missouri, sought to authorize qualified patients to possess, cultivate, and/or obtain cannabis through a licensed system of dispensaries. Polling indicated that over 60 percent of voters backed the proposal. On Thursday, Secretary of State Jason Kander called on lawmakers to move swiftly to enact similar legislation.
Voters in Arkansas, Florida, Montana, and North Dakota will vote on medical use measures on Election Day. Voters in Arizona, California, Maine, Massachusetts, and Nevada will also vote this November on initiatives legalizing the adult use of marijuana. A summary of 2016 ballot measures and their status is online here.
Assembly Bill 4193 permits marijuana to be sold at convenience stores to adults aged 19 and older in unlimited amounts. The legislation also seeks to expunge the criminal records of past marijuana offenders. Says the bill’s sponsor, Assembly member Michael Patrick Carroll: “To me it’s just not a big deal. It’s already ubiquitous. Anybody who thinks this is somehow going to increase the availability of marijuana has never been 19. If that’s the case, then what’s the big deal about having it available at the local 7-Eleven?”
Separate legislation to legalize adult marijuana possession, A 2068, is also pending before the legislature. #TakeAction
Tennessee: Members of the Nashville Metro Council have given final approval to municipal legislation providing police the discretion to cite rather than arrest minor marijuana offenders.
Council members voted 35 to 3 in favor of the new ordinance. It provides police the option of issuing $50 citations for those who possess up to a half-ounce of marijuana. Under state law, the possession of small amounts of cannabis is classified as a criminal misdemeanor, punishable by up to one year in jail and a criminal record.
Washington D.C.: District Mayor Muriel Bowser announced this week that she will propose amending the city’s medical cannabis law so that qualified patients may obtain up to four ounces of cannabis per month. Under existing law, patients are limited to no more than two ounces per month. The Washington D.C. currently has about 4,000 registered medical marijuana patients.
Looking for updated information on all of the pending statewide marijuana related ballot measures? Check out our 2016 Election page!
In this week’s Round Up we’ll update you regarding the status of a number of state and local ballot measures, and we’ll also highlight new legislation signed into law this week in Delaware. Plus we’ll give you the details on the latest Governor to endorse marijuana decriminalization. Keep reading below to get this week’s news in marijuana law reform!
Arizona: The Supreme Court this week rejected a lawsuit that sought to prohibit Proposition 205, the Arizona Regulation and Taxation of Marijuana Act, from going before voters this November. The Act allows adults twenty-one years of age and older to possess and grow specified amounts of marijuana (up to one ounce of marijuana flower, up to five grams of marijuana concentrate, and/or the harvest from up to six plants). It creates a system for licensed businesses to produce and sell marijuana and establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana.
Voters in four additional states, California, Maine, Massachusetts, and Nevada, will also be deciding on similar adult use initiatives on Election Day.
Arkansas: The Secretary of State’s office this week certified that a competing medical marijuana initiative, the Arkansas Medical Marijuana Amendment, will also appear on the electoral ballot in November. Unlike Issue 7, The Arkansas Medical Cannabis Act, this second initiative does not include provisions allowing eligible patients to cultivate their own cannabis at home.
Statewide polling reports greater public support for the Medical Cannabis Act. Under state law, if voters approve both measures the one that receives the greatest number of votes will become law.
Voters in three additional states, Florida, North Dakota, and Montana, will decide on similar medical use measures in November. In Missouri, campaigners are litigating to ask the courts to review signature totals in the state’s second Congressional district.
Colorado: A municipal initiative effort that sought to permit for the adult use of marijuana in licensed establishments failed to qualify for the November ballot. The Responsible Use Denver initiative, backed by Denver NORML, needed 4,726 signatures to qualify for inclusion on November ballot. The campaign submitted more than 7,500 signatures, but just 2,987 were verified as eligible by the Denver Elections Division. The Campaign posted: “We are sad to report that our language did not make the November ballot. We plan to continue pushing the conversation with the city of Denver. Our opinion remains the same, that we have what we feel is the best solution for the city of Denver. Thank you to everyone that has supported us on this journey.” City officials did confirm that a separate municipal initiative seeking to establish a ‘Neighborhood-Supported Cannabis Consumption Pilot Program’ will appear on November’s ballot.
Delaware: Governor Jack Markell signed legislation into law this week permitting terminally ill patients to access medical cannabis. House Bill 400 (aka ‘Bob’s bill’) permits physicians to recommend cannabis therapy to terminally ill adults. It also permits those under 18 to access CBD products if they are suffering from “pain, anxiety, or depression” related to a terminal illness.
The new law takes effect at the end of November.
Oklahoma: State Question 788, a statewide initiative to establish a state-licensing system to permit eligible patients to possess and cultivate personal use quantities of cannabis for therapeutic purposes, is unlikely to appear on the 2016 electoral ballot. Although the Secretary of State has certified that initiative proponents collected sufficient signatures, proponents are now challenging the attorney general’s rewording of the ballot title. The legal challenge could force the issue to be decided in a special election. Updated information regarding this initiative campaign may be found on NORML’s 2016 initiatives page.
Pennsylvania: Governor Tom Wolf expressed support for marijuana decriminalization this week stating, “too many people are going to prison because of the use of very modest amounts or carrying modest amounts of marijuana, and that is clogging up our prisons, it’s destroying families, and it’s hurting our economy.”
Marijuana decriminalization legislation, House Bill 2076, is currently pending before members of the House Judiciary committee. The legislation would amend the state’s controlled substances act so that minor marijuana possession offenses are considered a non-criminal offense. Contact your state House members and urge them to support this common sense legislation. #TakeAction
Tennessee: Members of the Nashville Metro Council voted 32 to 4 to approve legislation to lessen local marijuana possession penalties. The proposal amends penalties for the possession of or exchanging of up to one-half ounce of marijuana to a $50 civil penalty or 10 hours of community service. The vote was the first of three the bill will receive; it is the first time a marijuana decriminalization measure was considered by the legislative body.
Under current state law, individuals convicted of possession of less than one ounce of marijuana face a misdemeanor charge that is punishable of up to one year in jail and a $2,500 fine. If you live in Nashville, consider contacting your Council member and urging them to support this common sense measure.
Justices determined that state-registered medical marijuana patients are forbidden from purchasing firearms because cannabis remains classified as a Schedule I substance under federal law. They further opined that the ban “furthers the Government’s interest in preventing gun violence” because marijuana users “are more likely to be involved in violent crimes.”
They concluded, “[The plaintiff in this case] does not have a constitutionally protected liberty interest in simultaneously holding a [medical cannabis] registry card and purchasing a firearm.”
In 2011, the Bureau of Alcohol, Tobacco and Firearms issued a memorandum to all gun dealers in the United States specifying, “Any person who uses … marijuana, regardless of whether his or her state has passed legislation authorizing marijuana for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by federal law from possessing firearms or ammunition.”
In response to today’s court ruling, NORML Deputy Director Paul Armentano said: “There is no credible justification for a ‘marijuana exception’ to the US Constitution. Responsible adults who use cannabis in a manner that is compliant with the laws of their states ought to receive the same legal rights and protections as do other citizens. It is incumbent that members of Congress act swiftly to amend cannabis’ criminal status in a way that comports with both public and scientific opinion, as well as its rapidly changing legal status under state laws.”
The Ninth Circuit decision, Wilson v Lynch et al., is available online here.
The United States Drug Enforcement Administration has rejected a pair of administrative petitions that sought to initiate rulemaking proceedings to reschedule marijuana under federal law.
Although the DEA’s ruling continues to classify marijuana in the same category as heroin, the agency also announced in a separate decision that it is adopting policy changes designed to expand the production of research-grade cannabis for FDA-approved clinical studies.
Presently, any clinical trial involving cannabis must access source material cultivated at the University of Mississippi — a prohibition that is not in place for other controlled substances. Today, the agency announced for the first time that it will be seeking applications from multiple parties, including potentially from private entities, to produce marijuana for FDA-approved research protocols as well as for “commercial product development.” This change was initially recommended by the DEA’s own administrative law judge in 2007, but her decision was ultimately rejected by the agency in 2011.
Below is a statement from NORML Deputy Director Paul Armentano regarding the DEA’s decisions:
For far too long, federal regulations have made clinical investigations involving cannabis needlessly onerous and have placed unnecessary and arbitrary restrictions on marijuana that do not exist for other controlled substances, including some other schedule I controlled substances.
While this announcement is a significant step toward better facilitating and expanding clinical investigations into cannabis’ therapeutic efficacy, ample scientific evidence already exists to remove cannabis from its schedule I classification and to acknowledge its relative safety compared to other scheduled substances, like opioids, and unscheduled substances, such as alcohol. Ultimately, the federal government ought to remove cannabis from the Controlled Substances Act altogether in a manner similar to alcohol and tobacco, thus providing states the power to establish their own marijuana regulatory policies free from federal intrusion.
Since the DEA has failed to take such action, then it is incumbent that members of Congress act swiftly to amend cannabis’ criminal status in a way that comports with both public and scientific opinion. Failure to do so continues the federal government’s ‘Flat Earth’ position; it willfully ignores the well-established therapeutic properties associated with the plant and it ignores the laws in 26 states recognizing marijuana’s therapeutic efficacy.
Under the U.S. Controlled Substances Act of 1970, the cannabis plant and its organic cannabinoids are classified as Schedule I prohibited substances — the most restrictive category available under the law. By definition, substances in this category must meet three specific inclusion criteria:
The substance must possess “a high potential for abuse”; it must have “no currently accepted medical use” in the United States; and, the substance must lack “accepted safety for use … under medical supervision.”
Substances that do not meet these criteria must, by law, be categorized in less restrictive federal schedules (Schedules II through V) and are legally regulated accordingly. Alcohol and tobacco, two substances widely acknowledged to possess far greater dangers to health than does cannabis, are not classified under the Controlled Substances Act.
A recent review of FDA-approved clinical studies evaluating the safety and efficacy of herbal cannabis 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.”
Added Armentano: “The DEA’s decision is strictly a political one. There is nothing scientific about willful ignorance.”
The DEA has previously rejected several other rescheduling petitions, including a 2002 petition filed by a coalition of marijuana law reform and health advocacy organizations, and a 1972 petition filed by NORML. The petitions that triggered this latest DEA action were filed in 2009 by a nurse practitioner and in 2011 by then-Govs. Christine Gregoire of Washington and Lincoln Chafee of Rhode Island.
Senate Bill 2228 reduces the penalties for the possession of up to 10 grams of marijuana from a criminal misdemeanor (formerly punishable by up to six months in jail and a $1,500 fine) to a civil fine of no more than $200 — no arrest and no criminal record.
It also decriminalizes related offenses involving the possession of marijuana paraphernalia.
Senate Bill 2228 also amends the state’s zero tolerance per se traffic safety law, stating that the presence of THC in blood at levels below 5ng/ml “shall not give rise to any presumption that the person was or was not under the influence of cannabis.”
The full text of the measure is available here.
According to the ACLU, Illinois police arrest some 50,000 individuals annually for marijuana possession offenses — ranking #5 in the nation in per capita marijuana possession arrests.
Illinois becomes the third largest state to decriminalize minor marijuana possession offenses.