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LEGISLATION

  • by Paul Armentano, NORML Deputy Director June 19, 2014

    Senate members are expected to vote imminently in regard to language that seeks to bar the US Justice Department from interfering in activities that are compliant with state medical cannabis laws.

    Senators Rand Paul (R-KY) and Cory Booker (D-NJ) will introduce the bipartisan amendment, which will be similar to language approved by the US House of Representatives earlier this month. As with other legislation, the amendment must be approved by majorities in both legislative chambers before it is sent to the President for approval.

    This will be the first time in recent memory that US Senators have ever decided on provisions specific to liberalizing America’s marijuana policies.

    It is time that we allowed our unique federalist system to work the way it was intended. Patients and providers should be permitted to engage in state-sanctioned, medical cannabis-related activities free from the threat of federal interference or federal prosecution.

    Please write or call your members of Senate today and tell them to stop using taxpayer dollars to target and prosecute state-authorized medical marijuana patients and providers. For your convenience, a pre-written letter will be e-mailed to your Senators when you visit here.

  • by Erik Altieri, NORML Communications Director

    Today, the full Philadelphia City Council voted 13 to 3 in support of a measure that would lower the penalty for possession of up to one ounce of marijuana to a civil infraction, punishable by a $25 fine.

    All 13 of the Democratic members of the City Council voted for it and all three Republicans voted against. The measure now goes to Philadelphia Mayor Nutter’s desk for signature. NORML’s local chapter, Philly NORML, has been working hard on advancing these reforms for many years and those efforts seem to be finally paying off.

    Councilman Bill Greenlee, who voted in support of decriminalization, stated, “It does not seem fair for what most people consider a minor incident to potentially risk people’s future.”

    Councilwoman Cindy Bass, who also voted “Yes” on the bill, said, “To spend the time and the amount of money that is really required to prosecute someone with small amounts of marijuana, while we have so many other bigger issues in the city, does seem a little bit not where we need to be headed.”

    Bill sponsor Councilman Jim Kenney estimates that the new pot policy could save the police department and the courts about $4 million a year.

    NORML will keep you updated if and when the mayor signs this measure.

  • 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.

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