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LEGISLATION

  • by Carly Wolf, NORML Political Associate June 29, 2018

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

    The US Senate has been busy this week talking about marijuana policy. Senate Minority Leader Chuck Schumer (D-NY), along with Senators Bernie Sanders, Tim Kaine (D-VA), and Tammy Duckworth (D-IL), just introduced legislation called the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

    The full Senate voted to legalize hemp as part of the Farm Bill by a 86-11 vote. The Senate also earlier this week approved a funding bill that contains a provision allowing Department of Veterans Affairs doctors to recommend medical cannabis to military veterans.

    At the state level, Oklahoma became the 31st state to legalize medical marijuana, after voters decided to enact State Question 788, that permits doctors to use their discretion to recommend medical cannabis to any patients who will benefit from it. But Gov. Mary Fallin (R) issued a statement shortly after the result was called indicating that she plans to work with lawmakers to scale back the measure.

    A majority of the Delaware House of Representatives voted to approve a marijuana legalization bill, but it did not get the 60% supermajority support needed to advance the bill to the Senate, killing it for the year.

    Massachusetts regulators approved an equity plan to ensure participation in the marijuana industry by communities that have been targeted by the war on drugs. They also voted to prioritize consideration of cannabis testing lab license applications.

    Hawaii Gov. David Ige (D) said he will veto a bill to allow medical cannabis to treat opioid addiction, substance use and withdrawal symptoms. On the other hand, Pennsylvania Gov. Tom Wolf (D) signed a bill approving a medical cannabis research program.

    At a more local level, Sacramento County, California’s district attorney has been moving to dismiss old marijuana convictions, Jacksonville, Arkansas police will no longer arrest people for possessing small amounts of marijuana, and Las Vegas, Nevada officials are considering allowing marijuana consumption lounges.

    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 Cannabis Criminalization: Senate Minority Leader Chuck Schumer introduced legislation, the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

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

    Commonwealth of the Northern Mariana Islands

    Senate Bill 20-62 seeks to legalize, tax, and regulate cannabis in the US territory of the Commonwealth of the Northern Mariana Islands.

    If passed, the bill would legalize the personal use and cultivation of small amounts of marijuana for adults age 21 or older, and establish a licensing scheme for its commercial production and retail sale. The tax revenue would be used to fund the implementation of the program and other government services.

    Update: The Board of Education wants SB 20-62 amended to ban cannabis on campuses and from public school system buildings and to exempt the agency from discriminating against employees who consume marijuana.

    CNMI resident? Click here to email your elected officials in support of legalization and regulation

    New York

    A. 9016 and S. 7564 seek to permit physicians to recommend cannabis therapy to those struggling with opioid abuse or dependence.

    Update: The Republican Caucus pushed A. 9016/S. 7564 off the table and merged it with A. 11011b / S. 8987a which passed both chambers of the legislature on 6/20. The bills now await action from Governor Cuomo.

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

    California

    Assembly Bill 1793 seeks “to 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: AB 1793 was heard by the Senate Public Safety Committee on 6/26, and then approved by a 5-1 vote. The bill now awaits action in the Appropriations Committee.

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

    Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

    Update: SB 829 was approved by the Assembly Committee on Revenue and Taxation by a vote of 8-1, and was re-referred to the Committee on Appropriations.

    CA resident? Click here to email your elected officials in support of helping needy patients

    Senate Bill 1127 will help students with severe medical disabilities attend school by allowing a parent or guardian to come on campus to administer medical cannabis to them in non-smoking and non-vaping forms. The bill was already approved by the Senate last month.

    Update: SB 1127 will be heard by the Judiciary Committee on 7/3.

    CA resident? Click here to email your elected officials in support of patient access to medical cannabis in schools

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

  • by NORML

    Vermont Legalizes MarijuanaAdults in Vermont will be able to possess and grow personal use quantities of cannabis legally under state law, beginning this Sunday, July 1.

    Vermont joins Alaska, California, Colorado, the District of Columbia, Maine, Massachusetts, Nevada, Oregon, and Washington in legalizing the adult possession and use of marijuana. It is the first state to enact legalization via an act of the legislature rather than by the passage of a voter initiative.

    “The majority of Vermonters, like the majority of the American public, desire to live in a community where responsible adults who choose to consume cannabis are no longer criminalized or stigmatized,” NORML Deputy Director Paul Armentano said. “Vermont lawmakers and Gov. Scott are to be recognized for responding to the will of the voters, rather than choosing to ignore them.”

    He added: “Vermont is leading by example. Lawmakers in other states would be wise to follow.”

    The new law, which Republican Gov. Phil Scott signed in January, legalizes activities by adults specific to the possession of up to one ounce of cannabis, and with regard to the private cultivation of six marijuana plants (two mature and up to four immature). Those who cultivate marijuana for their own personal use may possess at home the total quantity of their harvest. The measure also imposes new civil penalties for consuming cannabis while driving, and imposes additional penalties for those who operate a motor vehicle impaired with a minor in the vehicle. (Read a summary of the new law here.)

    “This is a libertarian approach,” Gov. Scott said prior to signing the bill into law. “I know there are diverse opinions … as to whether we should move forward, but I still firmly believe that what you do in your own home should be your business, as long as it doesn’t affect someone else.”

    Over 20 percent of the US population now resides in jurisdictions where adult marijuana use is legal under state law. To date, the enactment of these policies has not been associated with any significant upticks in either crime, adolescent marijuana use, or motor vehicle accidents. Earlier this month, Canada’s Parliament passed legislation legalizing the use, cultivation, and retail sale of marijuana by those age 18 and older. That new law takes effect on October 17, 2018.

    According to nationwide polling data published last week, 68 percent of US voters – including majorities of Democrats, Republicans, and Independents – support legalizing and regulating the use of marijuana by adults. That percentage is the highest level of support ever reported in a nationwide scientific poll.

  • by Carly Wolf, NORML Political Associate June 22, 2018

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

    At the federal level, Congresswoman Eleanor Holmes Norton (D-DC) introduced a bill to protect state-lawful marijuana users from housing discrimination. And the US Senate Appropriations Committee voted to block an amendment that would have protected banks that work with marijuana businesses from being punished by federal regulators.

    Newly introduced legislation by Senators Warren (D-MA) and Gardner (R-CO), the STATES Act, is expected to face some tough hurdles in Congress, as Republican chairs of key committees in the House and Senate have no plans to schedule the bill for a hearing. Sen. Chuck Grassley of Iowa, chair of the powerful Senate Judiciary Committee, currently has no intentions of considering the bill in committee, and neither does Rep. Bob Goodlatte, Republican of Virginia and chair of the House Judiciary Committee.

    At the state level, the Republican Party of Texas approved new platform planks endorsing marijuana decriminalization, expanded medical cannabis access, industrial hemp and federal rescheduling. And New Jersey regulators reduced patient fees, added new qualifying conditions, removed strain limits and made other expansions to the state’s medical cannabis program.

    Next Tuesday, June 26, voters in Oklahoma will have the opportunity to decide in favor of providing much-needed medical marijuana access to patients with State Question 788, which will appear on the June 26 ballot. Under this plan, physicians — not lawmakers — will have the final say on making health care decisions involving the use of medical cannabis.

    At a more local level, New York City Mayor Bill de Blasio (D) and NYPD officials announced that as of September 1, police will no longer arrest people for smoking marijuana publicly, with some exceptions. Brooklyn’s district attorney spoke in support and announced he will move to expunge past cannabis convictions. Manhattan’s district attorney is also on board. Also, The Bethlehem, Pennsylvania City Council approved a marijuana decriminalization ordinance.

     

    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

    Senators Elizabeth Warren (D-MA) and Cory Gardner (R-CO) have introduced bipartisan legislation, The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act of 2018, to remove the threat of federal intervention and prosecution in states that regulate marijuana use and sales. A bipartisan House companion bill has been introduced by Representatives David Joyce (R-OH) and Earl Blumenauer (D-OR).

    This marks the first bicameral, bipartisan legislation to end the federal enforcement of prohibition in states that have reformed their marijuana laws.

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

    Commonwealth of the Northern Mariana Islands

    Senate Bill 20-62, to legalize, tax, and regulate cannabis in the US territory of the Commonwealth of the Northern Mariana Islands.

    If passed, the bill would legalize the personal use and cultivation of small amounts of marijuana for adults age 21 or older, and establish a licensing scheme for its commercial production and retail sale. The tax revenue would be used to fund the implementation of the program and other government services. The bill was already approved by the Senate last month.

    Update: The House Judiciary & Government Operations Committee reconsidered SB 20-62 on 6/21 after it was supposed to get a full House vote, but was instead referred back to committee. The committee made several revisions to the bill that are expected to clear the path to passage.

    CNMI resident? Click here to email your elected officials in support of legalization

    New York

    Legislation is pending in both chambers to permit physicians to recommend cannabis therapy to those struggling with opioid abuse or dependence.

    Update: A separate version of similar legislation, S. 8987A, has been approved unanimously by the Senate. The bill awaits action from the Assembly. Also, The New York State Health Department publicly announced on June 18 that the agency would be updating its rules to permit patients to be eligible for medical cannabis as an alternative to opioids, making the bills somewhat moot.

    California

    Assembly Bill 1793 seeks “to 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. The bill was already approved by the Assembly last month.

    Update: AB 1793 will be heard by the Senate Public Safety Committee on 6/26 at 8:30am in Room 3191.

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

    Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

    Update: The Assembly Committee on Business and Professions approved SB 829 by a 13-1 vote on 6/19 after holding a hearing. The bill now awaits action from the Committee on Revenue and Taxation, where it will be heard on 6/25.

    CA resident? Click here to email your elected officials in support of tax-exempt compassionate care programs

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

    Update: The Assembly’s Banking Committee approved SB 930 by a 10-0 vote on 6/18. The bill now goes to the Business and Professions Committee, where it will be heard on 6/26 at 9am.

    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 NORML June 19, 2018

    Congresswoman Eleanor Holmes Norton (D-DC) has introduced legislation to protect state-lawful marijuana users from housing discrimination.

    Entitled the “Marijuana in Federally Assisted Housing Parity Act of 2018,”  the legislation includes protections for consumers in both medical and adult use states. It states, “A public housing agency or an owner of federally assisted housing may not establish standards prohibiting admission to the program or federally assisted housing to any household with a member who engages in the use, distribution, possession, or cultivation of marihuana… in compliance with the law of the State in which such use, distribution, possession, or cultivation takes place.”

    Under the current federal policy, those who consume any controlled substance defined as illegal under federal law, including medical marijuana, are prohibited from being admitted to federally assisted housing. Federal law also allows landlords to evict current residents based on their use of marijuana for any purposes, including the use of medical cannabis by state-qualified patients.

    You can contact your Representative and urge their support for this measure by clicking here. 

     

  • by Carly Wolf, NORML Political Associate June 15, 2018

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

    A lot has happened in Congress this week. US Senate Majority Leader Mitch McConnell (R-KY) succeeded in inserting hemp legalization language into the wide-ranging Farm Bill – must-pass legislation that is approved by Congress every five years. The bill was then approved by the US Senate Agriculture, Nutrition and Forestry Committee.

    The US Senate Appropriations Committee, for the first time ever, included protections for state medical marijuana laws in base Justice Department funding legislation. On the other hand, the US House Appropriations Committee rejected an amendment to protect banks that work with marijuana businesses from being punished by federal authorities.

    Congresswoman Barbara Lee introduced The “RESPECT Resolution: Realizing Equitable & Sustainable Participation in Emerging Cannabis Trades” to elevate the importance of equity within the legal cannabis marketplace.

    To all of our surprise, President Donald Trump expressed verbal support for recently introduced, bi-partisan legislation that seeks to codify legal protections for state-sanctioned marijuana-related activities. Similarly, members of the Congressional Black Caucus recently announced their support for marijuana law reforms to keep the federal government out of the business of prohibition and related law enforcement of marijuana.

    At the state level, South Carolina voters approved a medical marijuana advisory question on the Democratic primary ballot by a margin of 81% – 19%. And The Maine Supreme Court ruled that employers don’t need to pay for medical cannabis under the state workers’ compensation system.

    At a more local level, the St. Louis, Missouri circuit attorney will no longer pursue cases for marijuana in the amount of less than 100 grams. And Denver, Colorado is using marijuana tax revenue to fund after-school and summer programs.

    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

    Senators Elizabeth Warren (D-MA) and Cory Gardner (R-CO) have introduced bipartisan legislation, The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act of 2018, to remove the threat of federal intervention and prosecution in states that regulate marijuana use and sales. A bipartisan House companion bill has been introduced by Representatives David Joyce (R-OH) and Earl Blumenauer (D-OR).

    This marks the first bicameral, bipartisan legislation to end the federal enforcement of prohibition in states that have reformed their marijuana laws.

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

    New Jersey

    Senate President Stephen Sweeney, along with Sen. Nicholas Scutari, introduced legislation, S2703, to legalize adult marijuana sales and further expand New Jersey’s medical marijuana program.

    The legislation permits those age 21 and older to legally possess and/or purchase up to one ounce of cannabis. It also permits the licensing of 218 retail dispensaries — 120 of which would provide marijuana to adults while 98 would provide marijuana to authorized patients. At present, one half-a-dozen medical dispensaries are operating in the state.

    Other provisions in the measure seek to protect adults who consume cannabis from employer and/or housing discrimination, and permits certain retailers to establish on-site consumption areas.

    NJ resident? Click here to email your elected officials in support of legalization and medical expansion

    Commonwealth of the Northern Mariana Islands

    SB 20-62 seeks to legalize, tax, and regulate cannabis in the US territory of the Commonwealth of the Northern Mariana Islands.

    If passed, the bill would legalize the personal use and cultivation of small amounts of marijuana for adults age 21 or older, and establish a licensing scheme for its commercial production and retail sale. The tax revenue would be used to fund the implementation of the program and other government services.

    Update: SB 20-62 was on the House’s agenda for a vote on 6/12, but was instead was referred back to the Committee on Judiciary & Government Operations.

    CMNI resident? Click here to email your elected officials in support of legalization

    Delaware

    Legalization
    House Bill 110 seeks to legalize and regulate adult marijuana use.

    Update: An amendment to HB 110 was filed on 6/11. The wide-ranging amendment addresses packaging and labeling, safe cultivation, tracking of sales, random testing and safeguards for the consumer. Employer protections are clarified as well.

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

    Expungement
    Senate Bill 197 seeks 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.

    Update: SB 197 was unanimously passed by the Senate on 6/12.

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

    Medical
    House Bill 374 seeks to 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 was unanimously approved by the Senate Health, Children & Social Services Committee on 6/6.

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

    New York

    A. 9016 and S. 7564 seek to permit physicians to recommend cannabis therapy to those struggling with opioid abuse or dependence.

    Update: A. 9016 came out of the Health Committee without a vote and was referred to the Rules Committee.

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

    California

    Expungement
    Assembly Bill 1793 seeks “to 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. The bill was approved by the Assembly last month.

    Update: AB 1793 will be heard by the Senate Public Safety Committee on 6/26 at 8:30am in Room 3191.

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

    Student Protections
    Senate Bill 1127 will help students with severe medical disabilities attend school by allowing a parent or guardian to come on campus to administer medical cannabis to them in non-smoking and non-vaping forms. The bill was approved by the Senate last month.

    Update: SB 1127 was heard on 6/13 in the Assembly Education Committee, and then approved by the Committee. The bill will be heard by the Judiciary Committee on 7/4.

    CA resident? Click here to email your elected officials in support of administering medical cannabis to students at school

    Compassionate Care Programs
    Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions. The bill was approved by the Senate last month.

    Update: The Assembly Committee on Business and Professions is holding a hearing on SB 829 on 6/19.

    CA resident? Click here to email your elected officials in support of these tax exemptions

    Banking
    Senate Bill 930 seeks to assist financial institutions in safely conducting transactions with licensed cannabis businesses. The bill was approved by the Senate last month.

    Update: The Assembly’s Business and Professions Committee is holding a hearing on SB 930 on 6/26 at 9am.

    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!

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