For marijuana activists in states with legal marijuana, the strategy quickly moves from legalization to normalization, but for some communities like Ferndale, California, the stigma remains. For months, organizers of the Humboldt County Cup and the Ferndale Police Department have gone back and forth over the decision to host their event at the Humboldt County Fairgrounds. Citing past complaints from the community and concerns about the reggae music that was to be played during the event, local law enforcement never specified what laws, if any, would be violated.
“Smith-Caggiano — who is the executive director of the Humboldt County chapter of the National Organization for the Reform of Marijuana Laws — said the Ferndale Police Department never cited any legal codes to back up their concerns despite requests for them to do so.”
Regardless of receiving approval from the Humboldt County Fair Association, Mr. Smith-Caggiano was ultimately forced by the Ferndale Police Department to move the event location to the Mateel Community Center, located at 59 Rusk Lane, Redway, California 95560.
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
Governor Paul LePage on Saturday certified the results of Question 1: The Marijuana Legalization Act. The voter-initiated measure narrowly passed on Election Day and was subject to a partial recount. By law, the measure becomes law 30 days after the Governor has affirmed the results.
At that time, adults who are not participating in the state’s medical cannabis program will be able to legally possess up to two and one-half ounces of cannabis and/or the total harvest produced by six mature plants.
Maine will become the eight US state to eliminate criminal and civil penalties for adults who possess marijuana for their own personal use.
Separate provisions in the measure also establish regulations for the commercial cultivation, retail sale, and social use of cannabis. Regulations governing marijuana-related businesses are scheduled to be in place by August 8, 2017. However, the Governor has called on lawmakers to push back this timeline. Massachusetts lawmakers last week enacted a similar delay to their retail sales program.
Governor LePage has been a strong opponent of implementing Question 1, stating “If there was ever a bill that the legislature should just kibosh, that’s it.” He has also suggested increasing the retail sales tax rates associated with the measure, as well as abolishing the state’s medical cannabis program, which has been in place since 1999 — positions that NORML opposes.
This Sunday, Nevada will become the seventh US state to eliminate criminal penalties specific to the adult possession and personal use of cannabis.
“What happens in Vegas doesn’t always stay in Vegas,” NORML Executive Director Erik Altieri said. “Voters in the western region of the United States are leading the way toward the eventual nationwide re-legalization of marijuana by responsible adults. Federal laws need to reflect this reality, not deny it.”
On Election Day, 55 percent of Nevada voters approved Question 2, the Nevada Marijuana Legalization Initiative. The law permits adults who are not participating in the state’s existing medical cannabis program to possess up to one ounce of marijuana and/or up to 3.5 grams of cannabis concentrates. An adult may also lawfully grow up to six plants in their home if they reside 25 miles or more away from a marijuana retailer. Provisions in the law also permit for the possession and sale of marijuana-related paraphernalia as well as the gifting of small amounts of cannabis for no financial remuneration. Public use of the plant remains a criminal misdemeanor, punishable by a fine of up to $600.
Separate provisions in the statute also license the commercial production and retail sale of cannabis, which will be subject to a 15 percent excise tax. Those regulations do not take effect until January 1, 2018.
Alaska, California, Colorado, Massachusetts, Oregon, and Washington have previously adopted voter-initiated laws legalizing the private consumption of cannabis by adults. The District of Columbia also permits adults to legally possess and grow personal use quantities of marijuana in private residences. Similar legislation in Maine is anticipated to go into effect later next month.
The vote sets the stage to delay the establishment of state-licensed marijuana retail facilities from January 1, 2018 to July 1, 2018. Governor Charlie Baker, who campaigned against the initiative, must still sign off on the law change. [UPDATE: Gov. Baker signed the language into law on Friday, December 30.] Separate provisions in the law eliminating penalties for adults who privately possess or grow personal use quantities of cannabis took effect on December 15.
According to The Boston Globe, the “extraordinary move” by lawmakers took place in an “informal” legislative session with “just a half-dozen legislators present.”
NORML Executive Director Erik Altieri called lawmakers’ decision a “slap in the face” to the nearly two million Massachusetts voters who decided in favor of Question 4 on Election Day.
“The arrogance and hubris lawmakers are showing toward voters is remarkable,” he said. “The voters have spoken and it is incumbent on legislators to carry out their will. Massachusetts was the first state in the nation to impose criminal penalties on marijuana – doing so in 1914. After more than a century of this failed policy, it is time to bring prohibition to an end in Massachusetts.”
The move by lawmakers to delay aspects of the law’s implementation is not altogether surprising, as politicians and bureaucrats had previously discussed restricting home cultivation as well as raising the proposed sales taxes rate on marijuana sales.