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LEGISLATION

  • by Justin Strekal, NORML Political Director May 10, 2017

    Texas-NORMLOn May 11, new ground will be broken in Texas politics and the marijuana movement.

    HB 81, to decriminalize marijuana from jail time to a simple ticket, will be heard by the full Texas House.

    This is unprecedented as sensible sentencing reform has not been debated from the house floor since 1973, , when Texas changed their laws to their current state (previously, you could face life in jail for small amounts of possession).

    Are you a TX resident? Contact your lawmakers RIGHT NOW and urge them to support HB 81.

    Know people in Texas? Send them this information and have them contact their lawmakers.

    “This bill is about good government and efficient use of resources,” said Rep. Joe Moody, sponsor of HB 81, “Arrests and criminal prosecutions of low-level marijuana cases distract law enforcement and prosecutors, leaving fewer resources for violent crime.”

    You can read more about the effort from Texas NORML and support their work  here.

     

     

  • by Paul Armentano, NORML Deputy Director May 9, 2017

    thumbs_upNevada regulators have approved rules to allow for the expedited sales of cannabis to adults.

    Members of the Nevada Tax Commission voted 6 to 1 on Monday to license select medical dispensaries to engage in retail sales of non-medical cannabis. Dispensaries in good standing with the state will be able to apply for “early start” licenses on May 15. Those facilities who are approved by state regulators will be able to engage in adult use marijuana sales on July 1.

    A majority of voters decided last November in favor of The Regulation and Taxation of Marijuana Act, a voter-initiated measure regulating the commercial marijuana market. Provisions in the law eliminating criminal penalties regarding the personal possession of personal use quantities of cannabis took effect on January 1, 2017. Separate provisions in the measure regulating the commercial production and sales of cannabis were initially slated to take effect on January 1, 2018.

    Regulators decision to expedite marijuana sales is in sharp contrast to the actions of lawmakers in several other states, including Maine and Massachusetts — both of which have taken steps to delay adult use marijuana sales by several months.

  • by Justin Strekal, NORML Political Director May 6, 2017

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

    The biggest story this week in the marijuana world was the inclusion of the Rohrabacher-Blumenauer language (Section 537) in the omnibus spending package to prevent the Department of Justice from interfering with lawful state-regulated medical marijuana consumers and businesses.

    In a signing statement by President Trump, expressed that he “will treat this provision consistently with my constitutional responsibility to take care that the laws be faithfully executed” when it comes to Section 537. The lack of clarity is disturbing and casts doubt on whether his administration and Attorney General Jeff Sessions will honor the enforcement restrictions. In the past, the courts have upheld this tactic of Congress legislating through the appropriations process, however it will ultimately take a bill to end this tension between the federal and state laws, not just temporary spending riders.

    Marijuana Big Talks Speaker Lineup FINAL 5.3 copyAlso this week, Representative Jared Polis held an event in the foyer of the Rayburn House Office Building solely focused on marijuana policy. Speakers included Boulder County D.A. Stan Garnett and former Colorado NORML Executive Director Rachel Gillette.

    For the whole morning, the halls of Rayburn echoed with the words of cannabis reformers declaring the need for sensible policies on marijuana ranging from the need for 280E tax reform to an end to the delusional thought that a southern boarder wall will stop the drug trade.

    At the state level, this has been a very active week for marijuana reformers as additional states near the end of their legislative calendars. Progress has been made from Texas moving forward to establish a medical marijuana program to Vermont inching closer towards outright legalization. Yet with the end of the Florida legislative session, the House and Senate were unable to come to a compromise as how to implement Amendment 2 and now the rule making process will be left up to the Florida Department of Health.

    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

    New Hampshire

    After nearly a decade of frustration, 2017 may finally be the year that New Hampshire voters successfully see marijuana possession decriminalized.

    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.

    Update: Governor Chris Sununu has reiterated his support for decriminalizing marijuana.

    NH resident? Click here to send a message to your lawmakers telling them to act on decriminalization this year. 

    Texas

    Legislation to authorize the possession, production, and distribution of medical marijuana and marijuana-infused products to qualified patients. Patients would receive cannabis through a network of private dispensaries and operators, similar to pharmacies, regulated under “strict guidelines” by the Texas Department of Public Safety.

    Update: HB 2107 had a hearing on May 2 and after powerful targeted testimony, the number of cosponsors for the bill jumped from 5 to 75. Later in the week, the Texas House of Representatives Committee on Public Health approved HR 2107 on May 5 by a vote of 7-2. The bill will now be considered by the Calendars Committee to determine the date of the full House vote.

    TX resident? Click here to send a message to your lawmakers and tell them to support the bill. 

    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.

    Update: The Senate has passed on May 5 an unrelated bill (S. 22) to include the provisions of H. 170. It maintains House approved language eliminating penalties for the possession and cultivation of personal use amounts of marijuana by July 2018, but also creates a new Marijuana Regulation Commission, to draft legislation by November 1, 2017 that “establishes a comprehensive regulatory and revenue system for an adult-use marijuana market that, when compared to the current illegal marijuana market, increases public safety and reduces harm to public health.” The commission’s bill would be ready for a vote by January 2018.

    VT resident? Click here to send a message to your lawmakers and urge them to take swift action to pass the bill. 

    Additional Actions to Take

    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: House members approved SB 192 on May 3 by a vote of 58 to 5. Because of House amendments, the bill returns to the Senate, which must either re-approve the measure or seek reconciliation.

    CO resident? Click here to contact your elected officials in support of 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.

    Specifically, it provides immunity from arrest for those enrolled in the program who engage in activities related to the purchase or transportation of medical marijuana related products or paraphernalia. It provides further legal protections for pharmacies, producers, and testing laboratories engaged in medical cannabis related activities.

    Update: Members of the Senate Judiciary Committee voted without opposition to move SB 35 to the Senate floor.

    LA resident? Click here to contact your elected officials in support of this effort.

    Maine

    Legislation is pending to expedite the retail sale of marijuana products to those over the age of 21.

    LD 1448 and LD 1491 would permit licensed medical cannabis dispensaries the opportunity to “sell limited marijuana retail products to a person who is 21 years of age or older.”

    A majority of voters in November approved an initiated measure to permit the possession, production, and retail sale of marijuana and marijuana-infused products. However, emergency legislation signed into law in January delays the implementation of regulations overseeing the commercial production and retail sale of marijuana until at least February 1, 2018.

    Passage of these measures would allow dispensaries to engage in marijuana sales ahead of this date.

    ME resident? Click here to contact your elected officials in support of this effort.

    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 May 4 passed HB 160 out of Committee.

    NH resident? Click here to contact your elected officials in support of this effort.

    New York

    Legislation is moving forward, A. 7006, to allow patients with post-traumatic stress eligible for medical cannabis therapy.

    New York is one of the only states with a medical marijuana program that does not allow patients with PTSD access to medical cannabis.

    Update: The New York Assembly passed A 7006 on May 2. The bill now awaits action by the Senate. Governor Andrew Cuomo says that he is open to expanding the state’s medical cannabis program to include patients with PTSD.

    NY resident? Click here to urge your lawmakers to support this effort.

    Vermont

    If approved, SB 16 would permit physicians for the first time to recommend medical marijuana to patients with post-traumatic stress, Crohn’s disease, or Parkinson’s disease. The measure also allows physicians to immediately issue medical cannabis recommendations for patients suffering from cancer, a terminal illness, or under hospice care supervision.

    Update: Members of the House gave preliminary approval SB 16 on May 1. Once a final vote is recorded, the measure will be transmitted to the Governor’s office.

    VT resident? Click here to urge the Governor to sign SB 16.

  • by NORML May 4, 2017

    By Jax Finkel
    Executive Director, Texas NORML

    Late in the evening on Tuesday, May 2nd, the House Public Health Committee held a hearing for HB 2107 which would make the Compassionate Use Program more inclusive for patients with debilitating medical conditions. Many patients stayed late into the evening to provide powerful and emotional testimony. After a powerful hearing with targeted testimony, the authors for the bill jumped from 5 to 75! This is historic and unprecedented in Texas.

    Veterans demanded access for service related disabilities. Doctors spoke to the efficacy and safety profile of cannabis. 66 testimonies were offered in support. 187 registered in support. There was only one verbal opposition. It is TBD if there were more registered against not testifying as the full witness list has not been released yet.

     We are very happy to see that our coordination with the authors and committee members has paid of so well. We appreciated all the speakers that were invited to speak and came to share their story. Thank you to the authors, committee members, staffers, our team and coalition and to all who advocate!

    Please support the important work we are doing in Texas by becoming a sustaining donormaking a donation or becoming a Texas NORML member.

  • by Justin Strekal, NORML Political Director May 1, 2017

    3410000930_95fc2866fa_zWe welcome the extension and expansion of critical marijuana policy provisions through September 30 in the proposed fiscal year 2017 omnibus funding legislation.

    The decision to reauthorize the Rohrabacher-Blumenauer amendment language illustrates both compassion and common sense when it comes to marijuana policy. Now, the majority of states and over 90 percent of the public approves of the use of marijuana as a medicine and Congress should not stand in the way of these reforms.

    Congress deciding to maintain protections for state-sanctioned medical marijuana programs in the era of a Department of Justice being led by Attorney General Jeff Sessions means that patients ailing from conditions that range from cancer to PTSD can breathe a temporary sigh of relief. Once approved, states will be able to continue to service and implement these programs without fear of federal incursion until September 30 of this year.

    Yet, this action is only a stopgap measure at best. Ultimately, Congress needs to amend federal law in a manner that comports with the available science, public opinion, and with America’s rapidly changing cultural and legal landscape. Such action includes removing cannabis from the Controlled Substances Act so that states possess the flexibility to engage in their own marijuana regulatory policies how best they see fit.

    The text in the omnibus funding legislation is:
    Page 230 – “SEC. 537. None of the funds made available in this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, 25 Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

     

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