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Legalization

  • by Paul Armentano, NORML Deputy Director July 27, 2016

    vote_keyboardMassachusetts voters will decide this November on a statewide ballot measure to legalize and regulate the adult use and retail sale of cannabis.

    The Secretary of State’s office has confirmed that initiative proponents, The Campaign to Regulate Marijuana Like Alcohol, submitted a sufficient number of signatures from registered voters to qualify the measure for the November ballot.

    Question 4, The Regulation and Taxation of Marijuana Act, permits adults to possess (up to ten ounces) and to cultivate (up to six plants) personal use quantities of cannabis and establishes licensing for its commercial production and retail sale. Commercial for-profit sales of cannabis will be subject to taxation, while non-commercial exchanges of marijuana will not be taxed.

    State voters have previously approved ballot measures decriminalizing marijuana possession penalties and legalizing the use and dispensing of medicinal cannabis.

    Voters in Arizona, California, Maine, and Nevada will also decide on adult use measures this November. Voters in Arkansas, Florida, Missouri, and Montana will decide on medical use initiatives this fall.

    A summary of 2016 statewide ballot measures is online here.

  • by Keith Stroup, NORML Legal Counsel July 25, 2016

    C1_8734_r_xWith the country so divided right now along party lines, as well as within each of the two major parties, it would be easy for voters to say “The hell with them all,” and sit this election out. Both of the major party candidates have record-setting voter disapproval ratings, assuring that our next president will be starting off their first term knowing that more than half the country did not like them, and would have preferred someone else for president.

    But there really is no other choice this year.

    History of Third Party Candidates

    The reality is third party candidates have a terrible track record in this country, so a vote for the Green Party or the Libertarian Party is, in effect, throwing away your vote. Those who insist on exercising this option may get some emotional satisfaction out of rejecting the two major party candidates, but they are also helping Donald Trump.

    The election of Abraham Lincoln in 1860 established a Republican-Democrat duopoly that persists even today. Since then we have seen third-party candidates on the presidential ballot in two dozen elections, without success. In fact, most – including Ralph Nader in 2000 and Ross Perot in 1992 and 1996 – have failed to win a single electoral vote, do to the winner-take-all nature of the electoral college.

    The last such candidate to secure any electoral votes was segregationist candidate George Wallace in 1968, who won five Southern states in his fight against the civil rights movement. And the most successful third party presidential candidate was Teddy Roosevelt, who bolted the Republican Party to run as a Progressive Party (aka “Bull Moose Party”) candidate in 1912, who won six states and came in second with 27% of the vote, but lost badly to Democrat Woodrow Wilson.

    It Matters

    Despite the continuing complaints of dissatisfaction being heard from the cadre of enthusiastic Bernie Sanders supporters, in fact Sen. Sanders himself has now acknowledged the inevitable and endorsed Hillary Clinton. Sanders used his popularity with millions of American voters to nudge the Democratic Party platform, and the Democratic candidate, to the left. And that’s a positive development.

    But Sanders also realized the most important priority at this time is to assure that Donald Trump is not elected president.

    Both Hillary Clinton and her vice-presidential running mate Sen. Tim Kaine support the right of the states to continue to experiment with different versions of marijuana legalization, without interference from the federal government. While Donald Trump said he too holds that position, that was not apparent from the language in the Republican platform, that appeared to be heading in the other direction. And with Trump, who could guess what his position will be tomorrow or the next day.

    But more importantly, Donald Trump is a bigoted, racist, ignorant candidate whom no one with a whit of common sense would want running our country, or having his finger on the nuclear button. Merely having him as a major party candidate is an embarrassment for the country, and has sent shockwaves throughout our allies in NATO and other strategic alliances. He is obviously unfit to be president.

    So don’t waste your vote making a political point, knowing it would make it more likely that “the Donald” might somehow squeak through and win this election. Every progressive voter who sits out this election, or who votes for a third party candidate, helps Donald Trump.

    We can all fight among ourselves about specific issues and how best to achieve more progressive policies in this country. But none of us can afford the risk of a Trump presidency.

  • by Danielle Keane, NORML Political Director July 19, 2016

    ballot_box_leafWe’ve said it before and we’ll say it again: 2016 is set to be a monumental year for marijuana law reform. There are currently nine pending ballot initiatives to either legalize adult marijuana use or to legalize the use of medical marijuana for qualifying medical conditions. The country could double the number of states that allow the recreational use of marijuana and could potentially expand the therapeutic benefits of marijuana use to millions of Americans come November.

    Find below a summary of each of these pending initiatives, links to the campaign websites and to the initiative texts so you can be an informed voter this November. (A Michigan social use initiative effort is in litigation and is not included in the summary below.)

    Arizona
    Name: Arizona Regulation and Taxation of Marijuana Act
    Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
    Proponents: The Campaign to Regulate Marijuana Like Alcohol (Marijuana Policy Project)
    Website: Regulate Marijuana Like AlcoholInitiative Language
    Summary: The Regulation and Taxation of Marijuana Act allows adults twenty-one years of age and older to possess and to privately consume and grow limited amounts of marijuana; it creates a system in which licensed businesses can produce and sell marijuana; establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana; and provides local governments with the authority to regulate and limit marijuana businesses.


    Arkansas
    Name: The 2016 Arkansas Medical Cannabis Act
    Ballot Number: N/A
    Proponents: Arkansans for Compassionate Care
    Website: The Arkansas Medical Cannabis ActInitiative Language
    Summary: The 2016 Arkansas Medical Cannabis Act establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to obtain a ‘hardship certificate’ in order to cultivate their own medicine at home. A similar initiative narrowly failed in the state in 2012, garnering over 48 percent of the vote.


    California
    Name: Adult Use of Marijuana Act
    Ballot Number: Proposition 64
    Proponents: Let’s Get It Right CA
    Website: Yes on Prop 64Initiative Language
    Summary: Passage of the measure would permit adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” The AUMA is endorsed by the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML. Sixty percent of likely California voters say that they intend to vote for the initiative this fall, according to a February 2016 Probolsky Research poll.


    Florida
    Name: Use of Marijuana For Debilitating Conditions
    Ballot Number: Amendment 2
    Proponents: United For Care
    Website: United For CareInitiative Language
    Summary: Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities. According to a recent statewide poll, 68 percent of Florida voters say that they support the passage of the amendment. According to Florida law, 60 percent of voters must approve a constitutional amendment in order for it to become law. In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.


    Maine
    Name: Marijuana Legalization Act
    Ballot Number: Question 1
    Proponents: Campaign to Regulate Marijuana Like Alcohol
    Website: Regulate MaineInitiative Language
    Summary: If enacted by voters in November, the measure would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use. The measure would also establish licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent sales tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.


    Massachusetts
    Name: Marijuana Legalization Initiative
    Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
    Proponents: The Campaign to Regulate Marijuana Like Alcohol in Massachusetts
    Website: Regulate Marijuana Like AlcoholInitiative Language
    Summary: The initiative allows adults 21 years of age and older to possess up to one ounce of marijuana outside of their residences and up to 10 ounces of marijuana in an enclosed, locked space within their residences, which mimics the current in-residence allowance established by the Massachusetts Department of Public Health for medical marijuana patients. It allows adults 21 years of age and older to grow up to six marijuana plants in an enclosed, locked space within their residences and possess the marijuana produced by those plants in the location where it was grown.


    Missouri
    Name: New Approach Missouri
    Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
    Proponents: New Approach Missouri
    Website: New Approach MissouriInitiative Language
    Summary: The initiative creates a statewide system for production and sale of medical cannabis and medical cannabis products. It also provides for limited and regulated patient cultivation. The initiative levies a four percent retail tax, and all revenue in excess of the cost of regulating the medical cannabis program will go to help Missouri’s veterans. The initiative maintains the current prohibition on public use and driving under the influence. It also allows the Department of Health and Senior Services to institute a seed-to-sale tracking system to ensure that the product and money do not reach the illicit market. The initiative puts the Missouri Department of Health and Senior Services in charge of licensing and implementation, but also allows the department to contract with other state agencies when necessary for effective and efficient regulation. Sixty-two percent of registered voters voice support for the measure, according to survey data compiled by Public Policy Polling.


    Montana
    Name: Montana Medical Marijuana Initiative
    Ballot Number: I-182
    Proponents: Montana Citizens for I-182
    Website: YesOn182Initiative Language
    Summary: I-182 repeals the limit of three patients for each licensed provider, and allows providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. I-182 removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state.


    Nevada
    Name: Nevada Marijuana Legalization Initiative
    Ballot Number: Question 2
    Proponents: Coalition to Regulate Marijuana Like Alcohol in Nevada
    Website: Regulate Marijuana Like Alcohol in NevadaInitiative Language
    Summary: The ballot language permits adults to possess and grow personal use quantities of cannabis (up to one ounce and/or six plants) for non-commercial purposes. The measure also regulates and taxes the commercial production and retail sale of cannabis. It states, “The People of the State of Nevada find and declare that the use of marijuana should be legal for persons 21 years of age or older, and its cultivation and sale should be regulated similar to other businesses.”

  • by Keith Stroup, NORML Legal Counsel July 18, 2016

     

    majority_supportAt a board meeting held on Saturday, February 20th in Washington, DC, the NORML Board of Directors voted to endorse the Arizona Regulation and Taxation of Marijuana Act initiative to legalize marijuana in Arizona. That initiative is currently awaiting official approval for the ballot in November.

    The NORML Board reversed its former policy of waiting until an initiative has officially qualified for the ballot before endorsing it, believing our endorsement could have a greater impact on the eventual outcome if it came earlier in the process.

    The Board took this action aware there was another proposed initiative in Arizona that included provisions that were even more consumer-friendly, but that alternative was perceived as having little chance of qualifying for the ballot (which proved to be true) or being approved by a majority of the state’s voters.

    The  Campaign to Regulate Marijuana Like Alcohol (CRMLA) proposal would end marijuana prohibition; legalize personal use and possession by adults of an ounce of marijuana, and personal cultivation of up to six plants of marijuana; establish a Department of Marijuana Licenses and Control to regulate commercial cultivation, testing, transportation and sale to establish a legally regulated market where consumers can obtain their marijuana.

    The NORML Board also endorsed full legalization initiatives that will appear on the ballot in Maine, Massachusetts, Nevada, and California; as well as medical use initiatives expected to appear on the ballot in Missouri and Florida.

     

     

     

  • by Danielle Keane, NORML Political Director July 15, 2016

    US_capitolMembers of Congress this week heard testimony on the state of marijuana research, and leading members of the U.S. Senate introduced legislation to potentially reclassify CBD. A medical marijuana initiative in Montana qualified for the November ballot and Governors in three states signed marijuana related bills into law. Keep reading below to get this week’s latest marijuana news and to find out how you can #TakeAction.

    Federal:
    On Wednesday, members of the U.S. Senate Judiciary Subcommittee on Crime and Terrorism, chaired by Senator Lindsey Graham (R-SC) held a hearing titled, “Researching Marijuana’s Potential Medical Benefits and Risks”. Testimony was provided by Senators Kirsten Gillibrand (D-NY) and Cory Booker (D-NJ), who are co-sponsors of the CARERS Act, as well as by officials from the National Institute on Drug Abuse (NIDA) and the Food and Drug Administration (FDA). While several witnesses were asked by the committee whether or not they expected the DEA to reschedule cannabis, none provided a direct answer. An archive of the hearing is available online here.

    Today, US Senators Charles Grassley (R-IA), Diane Feinstein (D-CA), Pat Leahy (D-VT), and Thom Tillis (R-NC) introduced legislation, the “Cannabidiol Research Expansion Act.” The Act requires the Attorney General to make a determination as to whether cannabidiol should be reclassified under the Controlled Substances Act and would expand research on the potential medical benefits of cannabidiol and other marijuana components. You can voice your support for this measure, as well as other pending federal legislation, by clicking here.

    State:

    Hawaii: On Tuesday, Governor David Ige signed legislation, House Bill 2707, to expand the state’s medical cannabis program.

    The measure expands the pool of practitioners who may legally recommend cannabis therapy to include advanced nurse practitioners. Separate provisions in the bill remove the prohibition on Sunday dispensary sales and on the possession of marijuana-related paraphernalia by qualified patients. Other language in the bill permits the transportation of medical marijuana across islands for the purposes of laboratory testing, but maintains existing prohibitions banning individual patients from engaging in inter-island travel with their medicine.

    Full text of the bill is available here.

    Missouri: Governor Jay Nixon signed legislation into law today making it easier for those with past marijuana convictions to have their records expunged.

    The legislative measure expands the number of offenses eligible for expungement from roughly a half dozen to more than 100 non-violent and non-sexual crimes. It also allows people to expunge their records sooner, shortening the waiting period to three years for misdemeanors and to seven years following a felony offense. However, the law does not take effect until January 1, 2018.

    Missouri’s NORML coordinator Dan Viets said, “This law will allow many thousands of people who have a marijuana conviction on their public records to escape the lifelong disabilities such a conviction has caused in the past.”

    For more information, contact Missouri NORML here.

    pills_v_potMontana: On Wednesday, a statewide initiative to expand and restore the state’s medical marijuana program qualified for the November ballot. The initiative is seeking to reverse several amendments to the program that were initially passed by lawmakers in 2011.

    If approved by voters, I-182 allows a single treating physician to certify medical marijuana for a patient diagnosed with chronic pain and includes post-traumatic stress disorder (PTSD) as a “debilitating medical condition” for which a physician may certify medical marijuana, among other changes. You can read the initiative language here.

    Pennsylvania: On Monday, legislation to establish “a pilot program to study the growth, cultivation or marketing of industrial hemp” was sent to Governor Wolf for his signature.

    This measures allows state-approved applicants to research and cultivate industrial hemp as part of an authorized pilot program. This proposal is compliant with Section 7606 of the omnibus federal farm bill, authorizing states to sponsor hemp cultivation pilot programs absent federal reclassification of the plant. More than two dozen states have enacted similar legislation permitting licensed hemp cultivation in a manner that is compliant with this statute. #TakeAction

    Rhode Island: Governor Gina Raimondo signed legislation, House Bill 7142, this week to make post-traumatic stress patients eligible for medical cannabis treatment and to accelerate access to those patients in hospice care. Members of both chambers previously overwhelmingly approved the measure. Full text of the bill is available here. The new law went into effect immediately upon the Governor’s signature.

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