• by Justin Strekal, NORML Political Director February 17, 2018

    Valentines Day week 2018 saw a tremendous amount of activity when it came to addressing our nations failed policy of marijuana prohibition. From new federal legislation being introduced to two federal lawsuits having hearings, plus a number of members of Congress, old allies and new stepping up to demand the Trump Administration continue to allow the states that have reformed their laws be respected by Attorney General Jeff Sessions.

    Rick “Not Pro-Pot But Pro-Civil Liberties” Steves Went To Washington: Bestselling guidebook author and travel host Rick Steves held two briefings to address marijuana prohibition to a gathering of members of Congress and their staff. Inspired by Europe’s pragmatic approach to drug policy, with success measured by harm reduction rather than incarceration, Steves said that he is motivated to speak in favor of legalization because of its impact on civil liberties.

    “ There are so many reasons to end the prohibition on marijuana. Whether you’re concerned about the well-being of children, fairness for minority communities, redirecting money away from criminals and into state’s coffers, stemming the horrific bloodshed in Mexico, or civil liberties; it is clearly time for a new approach,” said Rick Steves. You can read more about his day at Capitol Hill here.

    New Legislation: Representative Lou Correa (D-CA) has introduced the Sensible Enforcement Of Cannabis Act which would codify the protections that were outlined in the now-rescinded Cole Memo.

    Upon the introduction, Rep. Correa said, “To date, eight states have legalized recreational cannabis, and twenty-nine states and the District of Columbia, representing more than half of the American population, have enacted legislation to permit the use of cannabis. Attorney General Sessions’ decision to rescind the “Cole Memo” created great uncertainty for these states and legal cannabis businesses, and put citizens in jeopardy for following their state laws.

    In my state of California, voters want legal cannabis. It boosts our economy and is a strong medical tool. By 2020, revenues from cannabis sales taxes could reach $1 billion annually for California. This bill will protect California and other states from federal overreach and ensure the will of the American voter is respected.”

    Essentially, the Sensible Enforcement Of Cannabis Act would give peace of mind to lawmakers, regulators, 149,000 workers, and the millions of patients and consumers who are dependent on the normalization of lawful marijuana markets. The most essential component in creating a stable business environment to meet consumer demand is certainty and that is what states would have with Reps. Correa’s legislation to protect state-lawful programs from militant marijuana prohibitionist Attorney General Jeff Sessions.

    Click here to send a message to your Representative to urge them to co-sponsor the Sensible Enforcement of Cannabis Act. 

    Lawsuit Against Attorney General Jeff Sessions: On February 14th, Judge Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York heard oral arguments on the motion to dismiss Washington, et.al v. Sessions, et.al, a federal lawsuit challenging the constitutionality of the Schedule I classification of cannabis under the Controlled Substances Act. The federal government argued to have the case dismissed. Judge Alvin K. Hellerstein of the U.S. District Court Southern District of New York reserved the decision.

    Lawyers for the plaintiffs in the case are Michael Hiller and Lauren Rudick of Hiller, PC, and include NORML Legal Committee member Joseph Bondy and Empire State NORML Director David Holland.

    Click here to read more.

    HIA Against The DEA: A case brought forward by the Hemp Industries Association against the DEA regarding the classification of CBD had a hearing on Thursday. You can read more about that effort here.

    Banking On Mnuchin: Congressman and co-chair of the Congressional Cannabis Caucus Earl Blumenauer pressed Treasury Secretary Steve Mnuchin on the need for certainty for the banks that are currently providing services for legal, state-regulated marijuana businesses. You can watch the video by clicking HERE and send a message to your federal lawmakers to support the SAFE Banking Act.

    Letter To Senate Appropriators: This week, a bipartisan group of 18 Senators signed a letter to the Chairman and Ranking Member of the powerful Appropriations Committee to demand that in the process of directing funding for the Department of Justice, the lawmakers should restrict the DoJ from being able to interfere with lawful state-regulated programs.

    The senators wrote that rescinding years of guidance has created “disruption, confusion, and uncertainty throughout the country. Citizens who have been acting in good faith based on federal and state assurances now feel exposed. This disruption may deny medications to the sick, push individuals back into illicit markets, and nullify the previously-effective regulations – all while thwarting the democratically-expressed will of the states.”

    “It is our hope that the fiscal year 2018 appropriations will alleviate the turbulence the Attorney General’s abrupt decision has caused and that the appropriations will help preserve the strong regulatory frameworks the states have created,” the senators continued. “Doing so will provide the opportunity to pursue federal legislation that both protects the legitimate federal interests at stake and respects the will of the states – both those that have liberalized their marijuana laws and those that have not.”

    The letter include U.S. Senators Michael Bennet (D-CO), Cory Gardner (R-CO), Dan Sullivan (R-AK), Cory Booker (D-NJ), Rand Paul (R-WV), Mazie Hirono (D-HI), Ron Wyden (D-OR), Tammy Duckworth (D-WI), Kirsten Gillibrand (D-NY), Bob Menendez (D-NJ), Heidi Heitkamp (D-ND), Catherine Cortez Masto (D-NV), Ben Cardin (D-MD), Maria Cantwell(D-WA), Kamala Harris (D-CA), Elizabeth Warren (D-MA), Tim Kaine (D-VA), and Edward Markey (D-MA).

    Click here to read the letter and click here to send a message to your federal officials in support of pending legislation to deschedule marijuana from the Controlled Substances Act. 

    New Justice Supporter: This week, Senator Kirsten Gillibrand of New York added her name as a cosponsor to The Marijuana Justice Act, making her the 3rd member of the Senate to be on the bill. Specifically S. 1689 and HR 4815 would (1) remove marijuana from the US Controlled Substances Act, thereby ending the federal criminalization of cannabis; (2) incentivize states to mitigate existing and ongoing racial disparities in state-level marijuana arrests; (3) expunge federal convictions specific to marijuana possession; (4) allow individuals currently serving time in federal prison for marijuana-related violations to petition the court for resentencing; (5) and create a community reinvestment fund to invest in communities most impacted by the failed War on Drugs. Click here to send a message to your lawmakers in support of the Marijuana Justice Act. 

    Additionally, Senator Cory Booker added the language of the Marijuana Justice Act as an amendment to the criminal justice bill that is moving, however, that effort was unsuccessful.

    DoJ Nominees Move Forward: Senator Gardner has backed down from his threat to the Department of Justice to block Senate-confirmable nominees after Attorney General Jeff Sessions rescinded the longstanding guidance memos including the 2013 Cole Memo.

  • by Justin Strekal, NORML Political Director February 14, 2018

    Steves House Briefing

    Yesterday on Capitol Hill, bestselling guidebook author and travel host Rick Steves held two briefings to address marijuana prohibition to a gathering of members of Congress and their staff. Inspired by Europe’s pragmatic approach to drug policy, with success measured by harm reduction rather than incarceration, Steves said that he is motivated to speak in favor of legalization because of its impact on civil liberties.

    “ There are so many reasons to end the prohibition on marijuana. Whether you’re concerned about the well-being of children, fairness for minority communities, redirecting money away from criminals and into state’s coffers, stemming the horrific bloodshed in Mexico, or civil liberties; it is clearly time for a new approach,” said Rick Steves.

    The discussion on marijuana policy covered the current issues stemming from the current tension between federal prohibition and the ever-evolving patchwork of marijuana law reforms at the state level.

    “It’s not 2010, we have years of data that is showing from my home state of Washington that regulation works,” said Steves.

    Steves Senate Briefing

    One of the nation’s leading voices to end the prohibition of marijuana, Rick Steves serves as a member of the board of NORML and has advocated extensively in support of the successful legalization efforts in Maine, Massachusetts, Oregon, and his home state of Washington.

    The events were organized by NORML in cooperation with the recently formed bipartisan Congressional Cannabis Caucus. The Cannabis Caucus bills itself as “to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.”

    “Rick Steves has worked for decades to shine a light on the impact of our outdated marijuana laws. He has been a tireless advocate to end cannabis prohibition,” said Rep. Blumenauer, co-chair of the Cannabis Caucus. “We are thrilled to welcome him to Capitol Hill as we continue to educate Members and their staff about the importance of addressing this issue now.”


    Click here to send a message to your federal officials and demand that they reform our nations marijuana laws.

  • by Paul Armentano, NORML Deputy Director February 13, 2018

    Marijuana and the LawA judge for the Federal District Court in Manhattan will hear arguments Wednesday in a lawsuit challenging the constitutionality of federal cannabis prohibition. Lawyers for the plaintiffs in the case include NORML Legal Committee member Joseph Bondy and Empire State NORML Director David Holland.

    The 98-page complaint contends that the federal government “does not believe, and upon information and belief never has believed” that cannabis meets the requirements for a Schedule I designation under the Controlled Substances Act. It further argues that current administrative mechanisms in place to allow for the reconsideration of cannabis Schedule I classification are “illusory.”

    A judge for the Federal District Court in Sacramento heard similar arguments in a 2014 legal challenge, also spearheaded by members of the NORML Legal Committee, but ultimately rejected them – opining: “At some point in time, a court may decide this status to be unconstitutional. But this is not the court and not the time.”

    Plaintiffs in the current lawsuit include a former NFL football player, a disabled military veterans, two children with severe movement disorders, and the non-profit group, the Cannabis Cultural Association. Plaintiffs argue that federal prohibition violates their civil and constitutional liberties, including their right to freely travel within the United States. They also argue that the federal prohibition of cannabis is “grounded in discrimination and [is] applied in a discriminatory manner.”

    Lawyers for the Justice Department are arguing for a dismissal of the suit, opining: “There is no fundamental right to use marijuana, for medical purposes or otherwise. Because such a right is not ‘implicit in the concept of ordered liberty’ or ‘deeply rooted in this Nation’s history,’ the Court should reject such a claim.”

    Full text of the complaint, Washington et al. v. Sessions et al., is available online here.

  • by Paul Armentano, NORML Deputy Director February 8, 2018

    Following in the footsteps of San Francisco, Seattle city officials announced today that they will be vacating the criminal convictions of former marijuana offenders.

    Seattle’s mayor and city attorney plan to ask the courts to vacate all misdemeanor marijuana possession convictions that were prosecuted before the plant was legalized in Washington state in 2012.

    Between the years 1986 and 2010, police in Washington made an estimated 240,000 marijuana possession arrests.

    Stated Mayor Jenny Durkan: “[T]his action is a necessary first step in righting the wrongs of the past and putting our progressive values into action. … Our action will affect people who had been convicted of offenses for conduct that is now legal under state law. People won’t have to take any actions like hiring a lawyer or going to a court hearing. … I hope these actions we’re taking here in Seattle can lay the foundation for other cities, counties and states to act, too.”

    Last week, the San Francisco District Attorney’s office announced that it will review, dismiss, and seal an estimated 3,000 misdemeanor marijuana convictions dating back to 1975. Legislation to enact a similar automatic expungement policy statewide is pending in the California Assembly.

    Legislation is also pending in Vermont to make it easier for those with past criminal marijuana convictions to petition the court for expungement. In Pennsylvania, legislation is anticipated to be introduced shortly to vacate previous marijuana convictions for patients who have enrolled in the state medical marijuana program.

  • by Madisen Saglibene, Executive Director of Las Vegas NORML

    For decades, Las Vegas has been a place known to play fast and loose – and this is even becoming evident in our emerging Marijuana Industry. On January 16, 2018, hundreds of citizens, business owners, and marijuana consumers met to provide public comment on the proposed set of permanent regulations issued by the Nevada Department of Taxation at a public hearing. Taxation in Nevada certifies, audits, coordinates and educates hundreds of state-certified marijuana establishments such as dispensaries, cultivation facilities, production facilities and independent testing laboratories. In 2016, over 600,000 Nevadan’s voted to legalize marijuana, giving the Department of Taxation the authority to regulate the operation of Marijuana Establishments, award and limit licensing, and carry-out other provisions of ballot measure 2. However, due to lack of transparency in the scoring process outlined in the proposed regulations for how these licenses are awarded, dozens went on the record to speak out to the Commision in opposition.

    There were many areas of concern, but because there is little clarity on how the applications for licenses are granted, it would appear there is instead, favors being given to Insiders. Multiple licenses of varying types are being awarded to the same small group of millionaires, allowing for extremely monopolistic practices. When an entity is able to cultivate, produce and dispense all of their own product, there is little incentive to vertically integrate other brands. Cultivators of great brands without a dispensing license are unable to sell their own product, leaving the success of their business in the hands of Dispensaries. In addition, license holders are able to resell licenses, and due to a cap on how many will be issued, the current value of a license is approximately $10 million. This bears significance on who is able to establish themselves in this surfacing industry and is shutting potential small businesses and minorities out. This over-burdened cost to obtain a license dramatically impacts the price tag on products available in the marketplace. Including the marijuana tax, ? of cannabis in Las Vegas is on average $65! Patients and locals have not only been faced with extreme costs but competition with tourists, resulting in limited availability.

    After nearly 3 hours of public comment, the Taxation Commision still made a motion to move forward with the proposal after ZERO deliberation. Because it’s not too late, we are asking Nevadans to urge the Legislation to insist the Department of Taxation extend their deadline of March 1st in order to revisit the verbiage, paying close attention to what the Department can and cannot do according to Question 2. With other States looking at Nevada as a model for a successful program, it is vital the regulations be revisited to ensure fairness and inclusion instead of monopolies and reverting back to old Las Vegas ways.

    Frank Sinatra once said, “Las Vegas is the only place I know where money really talks–it says, “Goodbye,”.”

    Madisen Saglibene is the Executive Director of Las Vegas NORML. 

    Visit their website at http://lvnorml.org/ and follow them on Facebook and Twitter.

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