Democrat Gov. Martin O’Malley today signed two separate pieces of legislation reforming the state’s marijuana laws.
Senate Bill 364 amends existing penalties for marijuana possession offenses involving ten grams or less from a criminal misdemeanor (presently punishable by arrest, up to 90 days in jail, a $500 fine, and a criminal record) to a non-arrestable, non-criminal fine-only offense ($100 fine for first-time offenders, $250 for second-time offenders). The new depenalization law takes effect on October 1, 2014.
House Bill 881 seeks to provide for the state-licensed production and dispensing of marijuana to qualified patients who possess a written certification from their physician. The new law will take effect on June 1, 2014, at which time the state shall establish a commission to draft rules and regulations overseeing the production and distribution of medical marijuana. However, the licensing program is not anticipated to be up and running until 2015.
Maryland is the 18th state to depenalize minor marijuana possession offenses to a non-arrestable offense. It is the 21st state to allow for the doctor-recommended access to medicinal cannabis.
Lawmakers in Alabama and Utah recently approved legislation seeking to authorize the physician-supervised use of varieties of cannabis and/or extracts high in the non-psychotropic cannabinoid cannabidiol (CBD). Both measures, which I previously summarized as ‘largely unworkable,‘ have now been signed into law.
In recent days, lawmakers in three additional states — Kentucky, Mississippi, and Wisconsin — have similarly signed off on CBD-explicit legislation. These measures are now awaiting signatures from each states’ respective Governors.
Similar to Alabama’s SB 174 (aka ‘Carley’s Law), which only permits the use of CBD by prescription during the course of an FDA-approved clinical trial, the pending Kentucky and Wisconsin bills may also be classified as ‘research-centric’ measures. Kentucky’s SB 124 permits physicians “practicing at a hospital or associated clinic affiliated with a Kentucky public university” to “dispense” cannabidiol during the course of an FDA-approved clinical trial. Wisconsin’s AB 726 similarly limits those who may legally dispense CBD to only include those physicians who have obtained an FDA-issued investigational drug permit to prescribe it. In Tennessee, lawmakers are also close to finalizing similar language (included in HB 2461 and SB 2531) that seeks to allow university clinical researchers to “manufacture” and “dispense” high-CBD cannabis oil “as part of a clinical research study on the treatment of intractable seizures.” (By contrast, separate, broader medical cannabis measures seeking to authorize the use of the whole plant failed this year in all three states.)
As I’ve previously written here and here, it is unlikely that specific changes in state law will stimulate these type of proposed clinical trials from taking place in these states any time soon. Because CBD is acknowledged by federal regulators to be classified as a schedule I prohibited substance, multiple federal agencies — including the FDA, DEA, NIDA (US National Institute of Drug Abuse), and PHS (Public Health Service) must all sign off on any clinical investigation of the cannabinoid — a process that typically takes several years. A keyword search of FDA-approved clinical trials using the terms “cannabidiol” and “United States” yields fewer than ten ongoing human trials involving CBD — less than half of which are assessing its potential therapeutic application. (Two additional safety trials assessing the use of GW Pharmaceutical’s patented high-CBD formulation Epidiolex in children with severe epilepsy are also ongoing.)
Unlike the above-mentioned measures, Mississippi’s HB 1231, does not seek to encourage state-sponsored clinical trials. Rather, the measure exempts specific high-CBD formulated oils “that contain more than fifteen percent cannabidiol [and] … no more than one-half of one percent of tetrahydrocannabinol” from the state’s definition of a schedule I prohibited substance. However, like Utah’s HB 105 (aka ‘Charlee’s Law), Mississippi’s pending law does not provide guidance as to where patients could legally obtain such extracts. Though such high-CBD products are presently available in a limited number of medical cannabis states (such as in California and Colorado), these extracts are typically only available to in-state residents who possess authorization from a physician licensed to practice in that state. (Although Colorado state law also allows for a recreational cannabis market, which may be legally accessed by out-of-state residents, at present time such high-CBD concentrates are seldom available at retail outlets.)
Additional cannabidiol-specific measures also remain pending in Florida and South Carolina, among other states. NORML will report on these measures as they progress and we will continue to express caution in regards to their practical utility for those patients who require immediate access to whole-plant cannabis and its variety of naturally-occurring compounds.
The legislation now goes to Republican Gov. Bill Haslam for his signature.
The measures reclassify cannabis possessing less than 0.3 percent THC as an industrial crop rather than a controlled substance. The legislation calls on the state Department of Agriculture to develop rules and regulations governing the licensed production of industrial hemp by Tennessee farmers. Regulators have up to 120 days following the bill’s passage to enact these licensing guidelines.
According to the Congressional Resource Service, the US is the only developed nation that fails to cultivate industrial hemp as an economic crop. However, in February, members of Congress for the first time approved language in the omnibus federal Farm Bill allowing for the cultivation of industrial hemp in agricultural pilot programs in states that already permit the growth and cultivation of the plant. Ten additional states — California, Colorado, Kentucky, Maine, Montana, North Dakota, Oregon, Vermont, Washington, and West Virginia — have enacted legislation allowing for industrial hemp research and/or reclassifying the plant as an agricultural commodity under state law.
Maryland lawmakers have given final approval to legislation to eliminate criminal penalties for minor marijuana possession offenses.
Members of the state House of Delegates on Saturday passed the measure by a vote of 78 to 55. Members of the Senate on Monday approved the bill by a vote of 34 to 8. Democrat Gov. Martin O’Malley acknowledged that he intends to sign the bill into law.
The forthcoming law reduces existing penalties for marijuana possession offenses involving ten grams or less from a criminal misdemeanor (presently punishable by arrest, up to 90 days in jail, a $500 fine, and a criminal record) to a non-arrestable, non-criminal fine-only offense ($100 fine for first-time offenders, $250 for second-time offenders).
The new law will take effect on October 1, 2014.
According to a recent ACLU report, Maryland in 2010 possessed the fourth highest rate of marijuana possession arrests per capita of any state in the country.
Maryland’s pending law is similar to existing decriminalization laws in California, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, Rhode Island, and Vermont where private, non-medical possession of marijuana is treated as a civil, non-criminal offense.
Five additional states – Minnesota, Mississippi, Nevada, North Carolina, and Ohio – treat marijuana possession offenses as a fine-only misdemeanor offense.
Three states – Alaska, Colorado, and Washington – impose no criminal or civil penalty for the private possession of small amounts of marijuana.
In March, lawmakers for the District of Columbia also approved legislation reducing penalties for the possession or transfer of up to one ounce of marijuana from a criminal misdemeanor (punishable by up to 6 months incarceration and a maximum fine of $1,000) to a civil violation (punishable by a $25 fine, no arrest, no jail time, and no criminal record). The measure is subject to a 60-day review period by members of Congress before it can become District law.
Maryland lawmakers on Monday also approved separate legislation amending the state’s existing medical marijuana law, which had been largely nonfunctional. The pending law will allow for qualified patients to obtain cannabis for therapeutic purposes from state-licensed producers and distributors.
Recently, Gov. LePage introduced a bill, LD 1811, to crack down on heroin and cocaine trafficking. While we disagree with his approach (doubling-down on the War on Drugs) Sen. David Dutremble and Rep. Corey Wilson have crafted a compromise proposal in committee that would address many of the hard-drug addiction issues Maine faces, while putting marijuana legalization on the ballot before Maine voters.
Their proposal would create a three-legged stool that includes enforcement of high-level traffickers, increased funding for addiction treatment, and a referendum to legalize, tax and regulate marijuana put before Maine voters in 2015.
The state Senate and the House of Representatives are expected to vote on this measure very soon. Please call your State Senator and urge them to support the “Dutrumble/Wilson minority report on LD 1811. Let the people decide on marijuana legalization.”
The number for the Senate switchboard is (207) 287-1540. The number for the House switchboard is (207) 287-1400 (they can direct you to your appropriate legislator).
You can also look up your elected officials and their contact information to reach them directly here.
If the governor insists on cracking down on hard drug traffickers lets at least take responsible, adult marijuana consumers off the battlefield.