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LEGISLATION

  • by Carly Wolf, NORML Political Associate May 4, 2018

    Welcome to the latest edition of NORML’s Weekly Legislative Roundup!

    Let’s talk about some new state-level developments. The Maine House of Representatives and Senate overrode Gov. Paul LePage’s (R) veto of marijuana legalization implementation legislation this week. The enactment of the legislation establishes a framework for the retail sale of marijuana to adults, but also amends numerous provisions of the 2016 voter-approved measure — including those specific to home grow limits and taxation.

    The New Approach Missouri medical cannabis campaign submitted 372,483 petition signatures to put their language first on this November’s ballot.

    Also at the state level, the Alaska legislature approved a resolution urging the federal government to respect the state’s marijuana laws, the Arizona House of Representatives defeated a bill to require medical cannabis testing, and The New Hampshire Senate voted 14-10 to hold a medical cannabis homegrow bill for interim study, effectively killing it for the year.

    At a more local level, Seattle, Washington’s mayor and city attorney are asking a court to vacate convictions and dismiss charges for marijuana possession. And the Philadelphia, Pennsylvania City Council approved a resolution calling on Congress to pass the Marijuana Justice Act.

    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.

    Your Highness,
    Carly

    Priority Alerts

    Federal

    End Prohibition: Representatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation, HR 1227, to exclude marijuana from the Controlled Substances Act, thus leaving states the authority to regulate the plant how best they see fit.

    The “Ending Federal Marijuana Prohibition Act of 2017” eliminates federal criminal penalties for possessing and growing the plant. This legislation gives states the power and flexibility to establish their own marijuana policies free from federal interference.

    Click here to e-mail your Representative and urge them to support this important legislation

    New Hampshire

    SB 388 would expand the state’s medical cannabis program.

    The bill would authorize the Department of Health and Human Services to establish a second dispensary location in the geographic area that includes Carroll, Coos, and Grafton counties for therapeutic cannabis.

    Update: Members of the House passed SB 388 on a voice vote on 4/28. Governor Chris Sununu’s spokesman Ben Vihstadt said that the governor plans to sign SB 388 into law.

    NH resident? Click here to email Gov. Sununu in support of medical expansion

    Louisiana

    House Bill 579 would expand the state’s nascent medical cannabis program.

    The measure would expand the pool of patients eligible for medical cannabis by permitting physicians to authorize cannabis therapy to those suffering from chronic pain, post traumatic stress disorder, severe muscle spasms or glaucoma. The bill was already approved by the House last month.

    Update: The Senate Health & Welfare Committee voted 4-2 to approve HB 579 on 5/2 with amendments. The committee amendments were adopted on 5/3.

    LA resident? Click here to email your elected officials in support of medical expansion

    California

    Assembly Bill 1793, would “allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence.

    Update: The Assembly’s Appropriations Committee held a hearing on AB 1793 on 5/2, but no action was taken on the bill.

    CA resident? Click here to email your elected officials in support of automatic expungement

    Delaware

    Medical
    House Bill 374 would expand the state’s medical cannabis access program.

    The measure would expand the pool of patients eligible for medical cannabis by permitting physicians to authorize cannabis therapy to those suffering from: chronic debilitating migraines, pediatric autism spectrum disorder, and pediatric sensory processing disorder.

    Update: HB 374 passed the House on 5/1, and now awaits action in the Senate Health, Children & Social Services Committee.

    DE resident? Click here to email your elected officials in support of medical expansion

    Expungement
    SB 197 was just introduced, to permit those convicted of past marijuana possession convictions to seek expungement.

    The measure would allow individuals to file a petition with the court requesting the expungement of any past marijuana possession violations that are no longer defined as a crime under state law. State officials estimate the legislation could affect up to 1,250 people convicted of a single marijuana crime from 1977 to 2015.

    DE resident? Click here to email your elected officials in support of expungement

    Illinois

    House Bill 2367 provides for the automatic expungement of past marijuana possession or paraphernalia violations.

    The measure mandates the automatic expungement of any citation for a civil law violation of either: subsection (a) of Section 4 of the Cannabis Control Act, or subsection (c) Section 3.5 of the Drug Paraphernalia Control Act.

    Update: HB 2367 was amended on the House floor on 4/27, then re-referred to the Rules Committee.

    IL resident? Click here to email your elected officials in support of automatic expungement

    Hawaii

    House Bill 2729 would allow for out-of-state medical marijuana cardholders to access medical cannabis while visiting Hawaii.

    Other provisions in the bill prohibit employers from either discriminating against or taking punitive actions against employees solely based on their medical cannabis use or patient status. A Conference Committee was appointed last month to reconcile disagreement between the House and Senate on proposed amendments.

    Update: The Conference Committee recommended the measure be passed on 4/27, and both the House and Senate agreed to pass HB 2729 with amendments on 5/1. The bill now awaits action from Governor Ige.

    HI resident? Click here to email Gov. Ige in support of reciprocity

     

    Additional Actions to Take

    California

    Senate Bill 1302 would prohibit local governments from banning home deliveries from state-licensed cannabis providers into their jurisdictions.

    Update: SB 1302 was heard by the Senate Governance & Finance Committee on 5/2, and then approved by the committee. It’s expected to soon be considered by the full House.

    CA resident? Click here to email your elected officials in support of cannabis home deliveries

    Iowa

    Senate File 2372 seeks to expand the state’s medical cannabidiol (CBD) law by removing the arbitrary 3 percent cap on THC content, and would allow doctors to recommend CBD to those suffering from chronic pain as well as to any other patient for whom they believe it would benefit. The bill was recently approved by the Senate Ways and Means Committee, but was never assigned to another committee.

    Update: Similar legislation, SF 2405, is facing strong opposition by House Speaker Linda Upmeyer, stating that she wants to wait to hear recommendations from a state advisory board set up under last year’s legislation. Gov. Kim Reynolds agrees with her.

    IA resident? Click here to email your elected officials in support of CBD expansion

    Missouri

    Senate Bill 547 and House Bill 2034would allow the Department of Agriculture to issue a registration or permit to growers and handlers of agricultural and industrial hemp. It would also create an industrial hemp agricultural pilot program to be implemented by the Department of Agriculture to study the growth, cultivation, and marketing of industrial hemp.

    Update: HB 2034 passed the House 133-6 5/3. The Senate passed the bill 29-3 5/2. It now awaits action from Governor Eric Greitens.

    MO resident? Click here to email Gov. Greitens in support of industrial hemp

    Illinois

    Senate Bill 2298 provides for the ability for individuals to cultivate hemp with a state license even if they are not part of the state’s Agriculture Department pilot program. That program only permits hemp cultivation as part of a state-sponsored research program. The bill was already passed by the Senate last week.

    Update: SB 2298 will be heard by the House Agriculture & Conservation Committee at 2pm on 5/8/18 in Room 413 Stratton Building.

    IL resident? Click here to email your elected officials in support of industrial hemp expansion

    That’s all for this week, check back next Friday for more legislative updates!

  • by NORML May 2, 2018

    Maine lawmakers have voted overwhelmingly to override Republican Gov. Paul LePage’s veto of LD 1719; the enactment of the legislation establishes a framework for the retail sale of marijuana to adults, but also amends numerous provisions of the 2016 voter-approved measure — including those specific to home grow limits and taxation.

    Specifically, LD 1719 limits the number of mature plants an adult may cultivate at home from six to three. The measure also repeals language permitting the establishment of social-use facilities, and increases the excise tax rates on the sale of wholesale marijuana products. It also makes it easier for communities that wish to ban adult use operations to do so.

    However, the measure also permits state regulators for the first time to move forward with the establishment of rules permitting for the commercial production and retail sale of cannabis to adults. Legislators anticipate that it will be until 2019 before these facilities are operational.

    Governor LePage, an ardent opponent of the 2016 initiative, vetoed LD 1719 last week, opining that he, “in good conscience cannot support a law that, on its face, violates federal law.” The Governor had previously vetoed a less conservative implementation bill last November. That bill did not amend home cultivation limits and did not outright ban social use establishments.

    NORML Deputy Director Paul Armentano expressed mixed emotions about the law’s passage. “On the one hand, we are grateful that regulators can now — after months of undue delay — finally begin moving forward with the process of licensing adult use marijuana sales and regulating this retail market. On the other hand, it is unfortunate that lawmakers felt it necessary to amend and repeal other important provisions of Question 1, the Marijuana Legalization Act, in what ultimately was futile effort to curry favor with the Governor,” he said. “At the end of the day, this measure is far from consistent with the language that the majority of voters approved at the ballot box.”

  • by Paul Armentano, NORML Deputy Director

    A three judge panel for the Ninth Circuit Court of Appeals has denied a petition filed by the Hemp Industries Association challenging the DEA’s authority to establish a new administrative drug code specifically for marijuana extracts. The DEA first announced the proposed rule change in 2011, but did not enact the new policy until January 13, 2017.

    In a decision filed on April 30, the Court rejected petitioners’ arguments – opining the DEA’s classification of marijuana extracts does not conflict with the provisions of either the Agricultural Act of 2014 (aka the ‘Farm Bill) or the Consolidated Appropriations Act, which limits the Justice Department from spending federal dollars to intervene in state-sanctioned activities involving marijuana or industrial hemp. The Court also dismissed petitioners’ argument that the rule substantively amended the federal Controlled Substances Act. Justices opined that such extract products, including those containing primarily CBD, were already classified under federal law as schedule I controlled substances.

    The DEA has long contended that it possesses broad regulatory authority over “all parts of the plant Cannabis sativa L.,” including “the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.” The agency includes among this definition products containing cannabidiol or any other non-THC cannabinoids derived from the marijuana plant. It further states, “[T]he Agricultural Act of 2014 does not permit entities [who are not registered with the DEA] … to produce non-FDA-approved drug products made from cannabis.”

    Over a dozen states have enacted legislation in recent years exempting certain persons who possess extracts high in cannabinoid from criminal prosecution. Legislation to approve the retail sale of CBD extracts to adults in Kansas is awaiting gubernatorial action. Indiana lawmakers approved a similar law in April. Several pieces of legislation seeking to exclude CBD from the federal definition of marijuana are pending in Congress. In 2015, Nora Volkow, the Director of the US National Institute on Drug Abuse, publicly acknowledged that CBD is “a safe drug with no addictive effects.”

    Petitioners say that they intend to appeal the ruling.

    The case is Hemp Industries Association et al., v. US Drug Enforcement Administration et al., (No. 17-70162).

  • by Carly Wolf, NORML Political Associate April 27, 2018

    Welcome to the latest edition of NORML’s Weekly Legislative Roundup!

    A lot of action was taken in Congress this week.  A bipartisan coalition of House lawmakers has introduced legislation, the Medical Cannabis Research Act of 2018, to facilitate federally-approved clinical trials involving cannabis. The act ends the University of Mississippi’s existing monopoly on the growth of cannabis for clinical research purposes, by requiring the licensing of additional manufacturers. And Congresswoman Eleanor Holmes Norton (D-DC) has publicly announced her intention of filing legislation to protect lawful medical marijuana users from housing discrimination. The forthcoming measure explicitly permits qualified patients to consume marijuana in federally-assisted housing, including public housing and the Section 8 housing program.

    Additionally, Senate Majority Leader Mitch McConnell has announced his intention to include the language of the Hemp Farming Act as an amendment to the 2018 version of the federal Farm Bill, which Congress is expected to take action upon in May. Sen McConnell also placed the bill on the Senate calendar using a procedural move that permits the issue to be voted on the Senate floor without going through the committee process first.

    At the state level, Michigan election officials have confirmed that proponents of a statewide ballot measure, The Michigan Regulation and Taxation of Marihuana Act, have gathered enough signatures from registered voters to place it on the ballot this November. The initiative permits those over the age of 21 to grow and possess personal use quantities of cannabis and related concentrates, while also licensing activities related to the commercial marijuana production and retail marijuana sales.

    Also, Governor Jeff Colyer of Kansas, Gov. Mary Fallin of Oklahoma, and Gov. Bill Walker of Alaska have all recently signed legislation into law to establish industrial hemp pilot programs in their state. On a similar note, the New Mexico Supreme Court has allowed two bills to become law that were previously vetoed by Gov. Susana Martinez, clearing the way for farmers to obtain licenses from the Deptartment of Agriculture to grow hemp for research and development purposes.

    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.

    Your Highness,
    Carly

    Priority Alerts

    Federal

    End Prohibition: Representatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation, HR 1227, to exclude marijuana from the Controlled Substances Act, thus leaving states the authority to regulate the plant how best they see fit.

    The “Ending Federal Marijuana Prohibition Act of 2017” eliminates federal criminal penalties for possessing and growing the plant. This legislation gives states the power and flexibility to establish their own marijuana policies free from federal interference.

    Click here to e-mail your Representative and urge them to support this important legislation

    Vermont

    H. 167, which regulates the retail supply and sale of cannabis to adults, passed the Senate last year prior to stalling in the House. Lawmakers have placed H. 167 on the calendar for action for 4/17. Separate legislation, H. 490, to also regulate the retail production and sale of cannabis to adults, is still awaiting action from the House Committee on General, Housing and Military Affairs.

    VT resident? Click here to email your elected officials in support of regulating the retail sale of cannabis

    Pennsylvania

    Senate Resolution 258 seeks to amend the Controlled Substances Act so that marijuana is no longer classified as a Schedule I controlled substance. If passed, the resolution would urge Congress to take action to amend federal law so that states could regulate cannabis absent undue federal interference.

    Update: SR 258 was unanimously approved by the Senate on 4/25.

    PA resident? Click here to email your elected officials in support of descheduling cannabis

    Illinois

    Medical
    Senate Bill 336 would permit physicians to recommend cannabis therapy as an alternative to opioid treatment.

    Update: SB 336 was approved by the Senate 44-6 on 4/26. It now awaits action from the House.

    IL resident? Click here to email your elected officials in support of cannabis as an alternative to opioids

    Expungement
    House Bill 2367 provides for the automatic expungement of past marijuana possession or paraphernalia violations.

    The measure mandates the automatic expungement of any citation for a civil law violation of either: subsection (a) of Section 4 of the Cannabis Control Act, or subsection (c) Section 3.5 of the Drug Paraphernalia Control Act. It also would allow those with certain past criminal marijuana convictions — those that occurred prior to the decriminalization of such offenses — to ask a judge to have the conviction expunged.

    Update: HB 2367 was approved by the Restorative Justice Committee on 4/24 by an 8-2 vote. It is expected to be considered by the full House on 4/27.

    IL resident? Click here to email your elected officials in support of expungement

    California

    Assembly Bill 2069 would explicitly bar employers from discriminating against workers solely because of their status as a medical cannabis patient, or due to testing positive for medical marijuana use on a workplace drug test.

    Update: The Assembly’s Labor And Employment Committee held a hearing on AB 2069 on 4/25, and then approved the bill. It now heads to the Appropriations Committee.

    CA resident? Click here to email your elected officials in support of patient employment protections

     

    Additional Actions to Take

    New Hampshire

    House Bill 1476 seeks to permit qualifying patients to cultivate small quantities of cannabis for their own therapeutic use. The bill already passed the House last month.

    Update: The Senate Health and Human Services Committee voted 3-2 on 4/25 to recommend that HB 1476 be sent to ‘interim study,’ but the bill is still expected to receive a vote in the full Senate sometime in the next few weeks.

    NH resident? Click here to email your elected officials in support of home cultivation rights

    Iowa

    Senate File 2372 seeks to expand the state’s medical cannabidiol (CBD) law. The measure will remove the arbitrary 3 percent cap on THC content, and would allow doctors to recommend CBD to those suffering from chronic pain as well as to any other patient for whom they believe it would benefit.

    Update: The Iowa State Senate Ways and Means Committee voted 13 to 3 to approve the bill on 4/23.

    IA resident? Click here to email your elected officials in support of medical CBD expansion

    Illinois

    Senate Bill 2298 would expand the state’s industrial hemp law by allowing individuals to cultivate hemp with a state license even if they are not part of the state’s Agriculture Department pilot program. That program only permits hemp cultivation as part of a state-sponsored research program.

    Update: SB 2298 was unanimously approved by the Senate on 4/24.

    IL resident? Click here to email your elected officials in support of industrial hemp expansion

    California

    Senate Bill 930 seeks to assist financial institutions in safely conducting transactions with licensed cannabis businesses.

    Update: SB 930 was heard by the Senate Governance and Finance Committee on 4/25, and was then approved by the committee. The bill now heads to the Appropriations Committee.

    CA resident? Click here to email your elected officials in support of banking access

    That’s all for this week, check back next Friday for more legislative updates!

  • by Paul Armentano, NORML Deputy Director

    A bipartisan coalition of over two-dozen federal lawmakers, including House Judiciary Chairman Bob Goodlatte (R-VA) and Matt Gaetz (R-FL), are backing newly introduced legislation — The Medical Cannabis Research Act of 2018 — to facilitate federally-approved clinical trials involving cannabis.

    Passage of this act would end the University of Mississippi’s existing monopoly on the growth of cannabis for clinical research purposes by requiring the licensing of additional manufacturers.

    Currently, the US National Institute on Drug Abuse designates the University of Mississippi to be the sole provider of marijuana for FDA-approved research. However, many of those familiar with their product have criticized its quality, opining that it possesses subpar potency, is often poorly manicured, and that it does not accurately reflect the wide variety of cannabis products and strains available to consumers.

    Previous efforts to break this monopoly have so far been unsuccessful. In 2007, DEA Administrative Law Judge Mary Ellen Bittner determined that expanding the pool of federally licensed providers would be “in the public interest.” The agency ultimately rejected her decision. More recently, in 2016, the DEA changed its position and amended regulations in a manner to permit additional applicants to apply to federal licensure to grow marijuana. However, the Justice Department and the US Attorney General have thus far failed to take action on any pending applications.

    Under this measure, the Justice Department is mandated to act on any application it receives within one calendar year.

    Other provisions in the measure explicitly permits VA physicians to provide information to patients regarding their eligibility in clinical trials, and provides a “safe harbor” for universities, clinicians, and patients participating in federally-approved trials from federal interference.

    Please click here to urge your federal lawmakers to support The Medical Cannabis Research Act of 2018!

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