Following a national trend, members of the Monona City Council passed an ordinance that removed all municipal fines for the private possession and consumption of marijuana. Under the new ordinance, adults 21-years and older will no longer be subjected to a fine for possessing marijuana in public or in private spaces. Marijuana use in a private residence would also be exempt from a fine, but a $200 fine will still be given to those caught smoking in public.
This came as no surprise to Nate Petreman, executive director of Madison NORML. For almost two years, Mr. Petreman along with several members of Madison NORML worked to build a broad coalition of active community members who attended countless meetings and provided testimony in support of the measure.
“Private use and possession and possession in public are no longer local offenses in Monona, WI. The new ordinance in Monona only prohibits public use. We were denied at the city last year, in part due to the Police Chief advocating on city time, and came just shy of the necessary signatures to trigger a vote on direct legislation in summer 2016,” said Petreman. “To succeed in our recent efforts, nearly 20 people attended each meeting along the way, many who were residents. These efforts resulted in the best known local ordinance statewide.”
On the state level, lawmakers are currently considering legislation that would provide qualified patients with legal access to medical marijuana and establish a statewide medical marijuana program.
At the state level, it is quite a different story. We have continued to see a marked rise in the number of bills introduced pertaining to marijuana, crossing the 1,500 mark. From hearings on marijuana legalization in Maryland to social clubs passing the Senate in Colorado to hemp passing the both chambers in the New Mexico statehouse, at every level we are making progress.
Below 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,
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 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.
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) have formed the first-ever Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.
Colorado State Senator Bob Gardner and Representative Dan Pabon have introduced legislation that is headed to the Senate Business, Labor and Technology committee on Tuesday, March 1, 2017. SB 184: The Marijuana Membership Clubs and Public Use Bill, will provide Colorado municipalities with the regulatory framework needed to allow responsible adults the option to socially consume marijuana in a membership club away from the general public.
Last November, voters In California and Maine approved public marijuana consumption through Proposition 64 and Question 1, but haven’t settled on rules. This means Colorado could be first out of the gate with statewide regulations for pot clubs.
Update: SB 184 passed the full Senate on Thursday, March 9, by a vote of 25-10 and will now be sent to the House. Gov. Hickenlooper has promised to veto the bill if passed in its current version.
Multiple pieces of legislation to legalize the adult use of marijuana and to regulate its commercial distribution is pending in both the state House and Senate.
Update: Lawmakers have scheduled a pair of hearings in March to debate these various legalization proposals. Members of the Public Health Committee heard testimony on Tuesday, March 7. Members of the Judiciary Committee will hear testimony on Wednesday, March 22.
Legislation is pending, House Bill 2152, to permit qualified patients access to marijuana or extracts containing CBD and low levels of THC.
The measure would permit patients with Alzheimer’s disease, cancer, multiple sclerosis, post-traumatic stress disorder or a condition causing seizures, including those characteristic of epilepsy, to possess marijuana or extracts containing no more than three percent THC. The measure also seeks to establish rules governing the state-licensed cultivation of low-THC marijuana strains and the preparation of products derived from such strains.
HB 1236 and it’s companion bill SB891 would amend the Maryland Constitution to ensure citizens have the right to possess, smoke, and cultivate marijuana.
The Amendment would also require the General Assembly to establish a regulatory structure for “the transfer of cannabis by purchase or sale.”
If enacted, the law would legalize the possession of up to two ounces and the cultivation of up to six plants.
Update: The House held a hearing about HB 1236 on March 3 at 1pm, and a hearing about SB 891 on March 2 at 1pm.
Senate legislation is pending, SB 236, to regulate the social use of cannabis.
The measure allows select businesses to apply for licensing to permit adult marijuana use on their premises. It would also allow event organizers to seek permits to allow adult use at specific events.
To date, private adult use of marijuana is permitted, but only in a private residence. Passage of SB 236 establishes a regulatory framework to permit adults the option to consume cannabis at specified public places or events.
Legislation is pending in the New Hampshire House, HB 215, to establish a commission to study the legalization, regulation, and taxation of marijuana.
Police in New Hampshire arrest some 2,900 individuals annually for simple marijuana possession offenses. The continued criminalization of adult marijuana use is out-of-step with the views of New Hampshire adults, 62 percent of whom now endorse legalizing and regulating cannabis, according to a 2016 WMUR Granite State Poll.
Update: HB 215 passed the House on Thursday, March 8 on a voice vote. It will now be referred to the Senate.
Additionally, 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: Bills to add chronic pain (HB 157) and PTSD (HB 160) to the list of qualifying conditions for medical marijuana have passed the House. They will now be referred to the Senate.
Legislation is pending, Senate Bill 258, to reduce penalties for minor marijuana possession offenses.
The measure eliminates criminal criminal penalties for the possession of up to one-half of one ounce of cannabis, reducing the offense to a $50 fine. Under present law, this offense is classified as a criminal misdemeanor punishable by up to 15 days in jail and criminal record.
Update: A Senate substitute version of SB 258 was passed 33 to 9 by members of the Senate. The amended version of the bill now awaits action by the House.
Legislation is pending in the Senate, SB 863, to limit the federal government from acquiring data regarding adults and patients who legally purchase marijuana under state law.
The emergency legislation, which would take immediate effect, mandates that retailers and dispensaries do not maintain customers’ purchase and/or personal identification records beyond 48 hours.
Sponsors of the bipartisan measure say the privacy protections are in response to recent statements by the Trump administration with regard to a possible enforcement crackdown in adult use marijuana states.
Rep. Jeremy Faison, R-Cosby, and Sen. Steve Dickerson, R-Nashville, are sponsoring the legislature’s most concerted effort to legalize medical use of marijuana.
Under present law, the possession of any amount of marijuana is punishable by up to one year in jail and a $250 fine.
Update: SB 1119 and SB 673 were debated by members of the Senate Judiciary Committee on March 7.
Legislation has been introduced for the 2017 legislative session to decriminalize the possession of small amounts of marijuana.
House Bill 81, filed by Representative Joe Moody and cosponsored by Representative Jason Isaac, seeks to amend state law so that possessing up to one ounce of marijuana is a civil violation, punishable by a fine – no arrest, no jail, and no criminal record. Under current state law, first-time marijuana possession offenses are classified as a criminal misdemeanor punishable by up to six months in jail and a fine of up to $2,000.
Update: HB 81 is scheduled for a hearing on Monday, March 13. Starting at 8am if you happen to be in the state capitol in Austin you can get within the capitol steps Wi-Fi in order to register your support of HB 81.
Rep. Samuel Young has introduced H. 490 to regulate the commercial and retail marijuana market.
H. 490 establishes a regulated system whereby adults may legally obtain marijuana from state-licensed retail providers and sellers.
Statewide polling reports that a majority of Vermont voters support legalizing and regulating marijuana. According to a RAND Corporation study, regulating the commercial sale of cannabis in Vermont would generate $20 million to $75 million annually in new tax revenue.
A coalition of Senate lawmakers have introduced legislation, SB 386, which seeks to establish the West Virginia Medical Cannabis Act — a state-sponsored program that will permit qualified patients to obtain medical cannabis from licensed dispensaries. A House version of the bill, HB 2677, is also pending.
Passage of the bill establishes a commission tasked with developing “policies, procedures, guidelines, and regulations to implement programs to make medical cannabis available to qualifying patients in a safe and effective manner.”
Additional Actions To Take
House Bill 1580 imposes a special eight percent statewide tax upon medical marijuana sales. This tax would be in addition to the imposition of existing state and local taxes.
While NORML generally does not oppose the imposition of fair and reasonable sales taxes on the commercial sales of cannabis for recreational purposes, we do not support such excessive taxation on medical sales. Most other states that regulate medical cannabis sales do not impose such taxes and Arkansas patients should not be forced to pay these excessive costs.
District of Columbia
Councilman David Grosso has re-introduced the Marijuana Legalization and Regulation Act. First introduced in 2014, DC voters overwhelmingly approved the ballot measure.
The bill will legalize marijuana use for adults over the age of 21 and will allow the city to tax and regulate a commercial market. Due to DC’s unique charter in Congress, however, this provision of the law was gutted in 2014.
House legislation is pending, HB 472, to permit qualified patients to cultivate their own medicine.
Under present law, qualified patients must purchase cannabis from one of a handful of state-licensed dispensaries.
House Bill 472 allows patients to cultivate up to two mature plants and up to 12 seedlings at one time.
Update: Members of the House of Representatives have passed HB 472. It now awaits action by the Senate.
Governor Susana Martinez has vetoed House Bill 144, which sought to establish a hemp research program in compliance with provisions in the federal Farm Bill explicitly authorizing states to engage in licensed activity involving hemp absent federal reclassification of the plant. The Governor provided no public explanation for he veto.
A similar provision, Senate Bill 6, now awaits action from the Governor. Members of the House and Senate have previously passed the measure by votes of 58 to 8 and 37 to 2.
Legislation is before lawmakers, House Bill 2064, to amend state law so that industrial hemp is not longer classified under the state’s uniform controlled substances act.
If passed, hemp plants will no longer be regulated as a controlled substance.
Update: HB 2064 has unanimously passed the House and awaits action in the Senate.
On the heels of the 2016 election – where four states voted to approve adult-use marijuana initiatives, and four more voted to approve medical marijuana initiatives – NORML Chapters across the country are lobbying their state legislators for additional reforms. In the coming weeks, NORML Chapters around the country, such as California NORML, Connecticut NORML, Wyoming NORML, and Virginia NORML, will be focusing their time and energy in support of dozens of statewide reform bills seeking to amend various aspects of their state’s marijuana policies.
To help increase the likelihood of success for these volunteer-led lobbying efforts, NORML has created a citizen lobby guide. This comprehensive booklet will assist activists in planning and execution of a successful lobby day. It also provides organizational checklists and a legislative questionnaire so that marijuana activists, regardless of the state they’re located in, will be fully prepared to meet with state lawmakers to discuss meaningful marijuana law reforms and to most effectively communicate NORML’s message of ending the prohibition of marijuana on the local, state and federal level.
Citizen Lobby Guide: http://norml.org/pdf_files/NORML_CitizenLobbyGuide.pdf
In addition to offering support through NORML’s Citizen Lobby Guide, we have created more than 30 action alerts targeting state lawmakers across the country urging their support for marijuana legislation being considered in their state. Simply click on the link below and enter your information to join the fight!
Take Action: http://norml.org/act
We hope that with these tools, along with the direct support of NORML staff, marijuana activists will have the resources needed to effectively lobby state lawmakers in support of marijuana law reforms.
Here’s a list of scheduled NORML Chapter Lobby Days below:
- Virginia NORML – Jan 30
- Arizona NORML – Feb 2
- Texas NORML – Feb 8
- Houston NORML – Feb 8
- DFW NORML – Feb 8
- Waco NORML – Feb 8
- New Mexico – Feb 21
- Missouri NORML – Feb 28
- Kansas City NORML – Feb 28
- Greater St. Louis NORML – Feb 28
- Mid-Missouri NORML – Feb 28
- Springfield NORML – Feb 28
- University of Missouri NORML – Feb 28
- North Carolina NORML – Mar 1
- Charlotte NORML – Mar 1
- Denver NORML – Mar 7
- Colorado NORML – Mar 7
- Monterey County NORML – Mar 7
- NORML Women of Washington – Mar 7
- Washington NORML – Mar 7
- Portland NORML – Mar 7
- Michigan NORML – March 30
- Illinois NORML – May 17
- California NORML – June 5
To get involved or to find out more information about a lobby day in your state, please email: KevinM@NORML.org.
Since its founding, NORML has advocated that statewide legalization efforts – whether through a ballot initiative or using the legislative process – should ideally include provisions that permit and protect the act of home cultivation by marijuana consumers. This advocacy has resulted in more than 16 states now allowing home cultivation, including in six of the eight voter-initiated measures passed in 2016.
But although there has been a tremendous amount of progress on this issue, it appears that home cultivation is now at risk in several municipalities across Colorado and California. Local and state lawmakers in both jurisdictions are revisiting the issue and are moving toward unnecessarily limiting adult’s home cultivation rights.
Most recently, representatives with Denver’s Office of Marijuana Policy revealed a plan to, “limit unlicensed recreational and medical grows in private residences,” throughout the city of Denver. This decision came after months of closed-door meetings between regulators and leading marijuana industry interests such as the Marijuana Industry Group (MIG); which together, form what’s being called the, “Non-Licensed Marijuana Grows Inspection Team.”
Although there has been little to no mention of specific details regarding this proposed program, many are anticipating the new regulations to resemble those that have come under fire in Indian Wells, California. In that city, lawmakers are pushing for regulations mandating that anyone who wishes to cultivate marijuana in their home must purchase an annual permit and must also allow inspectors into their residence. This amounts to an absolutely unnecessary burden for responsible, law-abiding citizens.
In recent days, Denver NORML became inundated with emails, messages and comments on social media demanding a response to what many believe is a blatant overreach by city government officials. In response, members of Denver NORML, led by Executive Director, Jordan Person, began mobilizing volunteers to contact members of the Denver City Council with the goal of defending the rights and privacy of marijuana consumers in the city of Denver.
“With all of the uncertainty we are expecting in 2017 at both the local and state level our goal at Denver NORML is to help maintain our rights as residents of Colorado to grow in our homes,” said Person. “We will keep our members and supporters informed and part of the conversation as it happens.”
While it’s obvious that there’s a tremendous amount of work that goes into regulating Colorado’s legal marijuana industry, most marijuana consumers would never support any effort that would attempt to bring similar regulations into the privacy of their homes. Not to mention the fact that the creation of a task force or any other bureaucratic process to approve and/or oversee the cultivation of marijuana in a private residence amounts to a severe misuse of tax dollars and violation of privacy when those limited resources could be dedicated to combating actual problems in our communities.
Without providing any data points related to the correlation between home cultivation and out-of-state diversion, those advocating for tighter regulations deserve to fail in their attempt to convince marijuana consumers that allowing regular visits from government officials in their homes is a good idea. Adults who brew their own beer are not subject to inspections by the state and neither should those who choose to grow personal use quantities of marijuana. Furthermore, criminalizing the personal cultivation of marijuana is an arbitrary prohibition that has absolutely no basis in public safety. Therefore NORML will continue to support the right of individuals to grow their own marijuana as an alternative to purchasing it from licensed commercial producers.
To join the fight to protect home cultivation, check out NORML’s action page by visiting http://norml.org/act or for more information, please email Chapters@NORML.org.
Officials in the Village of Oswego, Illinois recently passed an ordinance that allows local law enforcement to issue tickets and fines to anyone found with small amounts of marijuana or certain drug paraphernalia. For example, if a person is in possession of drug paraphernalia and is convicted of possessing 10 grams or less of marijuana, the charge for the paraphernalia is now considered a civil law violation, punishable by a minimum fine of $100 and a maximum fine of $200.
Marijuana-related offenses became civil violations after the Illinois state legislature voted to amended the Cannabis Control Act in 2016, but it is up to local governments to amend their local marijuana laws to reflect the change at the state level.
“Oswego’s fines will begin at $100 for the first offense and $150 and $250 for second and third offenses. There is a maximum $750 penalty for repeat violators,” said Oswego Police Chief Jeff Burgner.
The City of Yorkville adopted a similar ordinance in October.
Read more here: http://www.chicagotribune.com/suburbs/aurora-beacon-news/news/ct-abn-oswego-marijuana-st-0105-20170104-story.html