Loading

Legalization

  • by NORML June 8, 2018

    Members of the Canadian Senate yesterday voted 56-30 in favor of Bill C-45 sweeping legislation amending the federal Controlled Drugs and Substances Act so that those over the age of 18 may legally possess, purchase, and grow personal use quantities of cannabis. Members of the Canadian House of Commons had overwhelmingly voted in November in favor of the measure, which also establishes licensing for the retail production and sale of marijuana.

    Once House members sign off on Senate changes to the bill, Prime Minister Justin Trudeau, who campaigned on a pledge to legalize, regulate, and tax marijuana sales, is expected to move promptly to enact the historic legislation. Legal cannabis retailers, acting in compliance with the forthcoming law, are anticipated to be operational by late summer/early fall.

    “We applaud Canada for showing federal legislators in the United States what can be accomplished with true leadership and dedication to sound public policy. Our elected officials should follow in their footsteps and finally put an end to our own disastrous and discriminatory prohibition on cannabis,” stated NORML Executive Director Erik Altieri.

    Under the forthcoming law, those age 18 and older will be legally permitted to possess and purchase personal use amounts of marijuana. Households will also be permitted to grow up to four cannabis plants for personal use, though provinces are empowered to establish alternative limits.. Those who possess greater amounts will face civil sanctions. Commercial marijuana production will be licensed by the federal government, while retail distribution of marijuana will be regulated by individual provinces. The new law will not amend Canada’s existing medical cannabis access regulations, which permit registered patients to grow or purchase cannabis from authorized licensed producers.

    Separate legislation, Bill C-46, to address traffic safety concerns remains pending.

    In 2016, a federal task force recommended that lawmakers move to legalize and regulate the use and sale of marijuana. The task force concluded that legalization “will maintain and improve the health of Canadians by minimizing the harms associated with cannabis use.”

    “Those wanting to see what a rational federal marijuana policy looks like need look no further than to our north. America’s leaders would be wise to learn from our neighbors, who are replacing their archaic and failed marijuana prohibition laws with a regulatory scheme that is largely evidence-based and that reflects cannabis rapidly changing cultural status,” said Paul Armentano, NORML Deputy Director

    The bill was amended so it will now return to the lower chamber for a final vote.

  • by NORML June 7, 2018

    [June 8, 2018 UPDATE: In the past 24 hours, Senate Majority Leader Mitch McConnell has reportedly pledged to permit a vote on the bill, while President Trump has publicly expressed his support for it.]

    Today, Senators Elizabeth Warren (D-MA) and Cory Gardner (R-CO) introduced bipartisan legislation, The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act of 2018, to remove the threat of federal intervention and prosecution in states that regulate marijuana use and sales. A bipartisan House companion bill has been introduced by Representatives David Joyce (R-OH) and Earl Blumenauer (D-OR).

    This marks the first bicameral, bipartisan legislation to end the federal enforcement of prohibition in states that have reformed their marijuana laws.

    Send a letter to your elected officials NOW

    NORML Executive Director Erik Altieri commented:

    “President Trump made a commitment to Senator Gardner that he was willing to support a federalist approach to state marijuana laws. Now Congress must do its part and swiftly move forward on this bipartisan legislation that explicitly provides states with the authority and autonomy to set their own marijuana policies absent the fear of federal incursion from a Justice Department led by militant cannabis prohibitionist Attorney General Jeff Sessions.”

    Specifically, this legislation:

    • Creates an exemption to the Controlled Substances Act for US states and territories that have reformed their laws with regard to marijuana policy, effectively restraining undue federal intervention
    • Maintains federal legislative provisions (aka “guardrails”) to deter:
      • The interstate trafficking of marijuana into prohibition states from legal states
      • The prevention of those under 18 from working in the cannabis industry
      • The prevention of those under 21 from purchasing marijuana (unless recommended by a state-qualified physician to treat a medical condition)
      • Unsafe production conditions
    • Provides greater flexibility for lawmakers in non-legal states to reform their laws in a manner that reflects the will of the of their constituents and regulates cannabis commerce
    • Provides the ability for cannabis businesses to obtain basic banking services
    • Removes industrial hemp from the Controlled Substances Act

    NORML Political Director Justin Strekal said:

    “With the announcement of The STATES Act by Senators Gardner and Warren, the movement to end the federal government’s failed policy of cannabis criminalization has truly become a bipartisan effort.”

    “The majority of states now regulate marijuana use and more than six out of ten voters endorse legalizing the plant’s use by adults, making it time for the federal government to no longer stand in the way of this progress at the state level.”

    Never in modern history has there existed greater public support for ending the nation’s nearly century-long experiment with marijuana prohibition. The continued criminalization of adult marijuana use is out-of-step with the views of adults throughout America, 93% of whom support medical marijuana (Quinnipiac, 2017) and 64 percent of whom endorse the outright legalization of recreational cannabis (Gallup, 2017).

    The STATES Act is cosponsored in the Senate by Senators Catherine Cortez Masto (D-Nev.), Rand Paul (R-Ky.), Lisa Murkowski (R-Alaska), and Cory Booker (D-N.J.). It is cosponsored in the House by Representatives Carlos Curbelo (R-Fla.), Jared Polis (D-Colo.), Ken Buck (R-Colo.), Barbara Lee (D-Calif.), Walter Jones (R-N.C.), Dianna DeGette (D-Colo.), Rob Blum (R-Iowa), Steve Cohen (D-Tenn.), Matt Geatz (R-Fla.), Eleanor Holmes Norton (D-D.C.), Tom McClintock (R-Calif.), Luis Correa (D-Calif.), Jason Lewis (R-Minn.), and Ro Khanna (D-Calif.).

    “Outdated federal marijuana laws have perpetuated our broken criminal justice system, created barriers to research, and hindered economic development,” said Senator Warren. “States like Massachusetts have put a lot of work into implementing common sense marijuana regulations – and they have the right to enforce their own marijuana policies. The federal government needs to get out of the business of outlawing marijuana.”

    “In 2012, Coloradans legalized marijuana at the ballot box and the state created an apparatus to regulate the legal marijuana industry. But because of the one-size-fits-all federal prohibition, state decisions like this put Colorado and other states at odds with the federal government,” said Senator Gardner. “The federal government is closing its eyes and plugging its ears while 46 states have acted. The bipartisan STATES Act fixes this problem once and for all by taking a states’ rights approach to the legal marijuana question. The bipartisan, commonsense bill ensures the federal government will respect the will of the voters – whether that is legalization or prohibition – and not interfere in any states’ legal marijuana industry.”

    “We should trust the people of the states, like Ohio, who have voted to implement responsible common-sense regulations and requirements for the use, production, and sale of cannabis,” said Representative Joyce. “If the people of these states have decided to provide help for those veterans and others suffering from pain and other health issues, we should allow them access without government interference.”

    “For too long the senseless prohibition of marijuana has devastated communities, disproportionately impacting poor Americans and communities of color. Not to mention, it’s also wasted resources and stifled critical medical research,” said Representative Blumenauer. “It’s past time to put the power back in the hands of the people. Congress must right this wrong.”

    Thirty states, Washington, DC and the US territories of Guam and Puerto Rico have enacted legislation specific to the physician-authorized use of cannabis, while an estimated 63 million Americans now reside in jurisdictions where anyone over the age of 21 may possess cannabis legally. Voters overwhelmingly support these policy changes. According to a 2018 Quinnipiac University poll, 63 percent of Americans support full marijuana legalization and 70 percent believe that states, not the federal government, should set marijuana policy.

    NORML has released a letter with over 55 supportive organizations for The STATES Act.

    To date, these statewide regulatory programs are operating largely as voters and politicians intended. The enactment of these policies have not negatively impacted workplace safety, crime rates, traffic safety, or youth use patterns. They have stimulated economic development and created hundreds of millions of dollars in new tax revenue. Specifically, a 2017 report estimates that over 149,000 Americans are now working full-time in the cannabis industry. Tax revenues from states like Colorado, Oregon, and Washington now exceed initial projections. Further, numerous studies have identified an association between cannabis access and lower rates of opioid use, abuse, hospitalizations, and mortality.

    Send a message to your lawmakers in support of the States Act now!

  • by Paul Armentano, NORML Deputy Director May 25, 2018

    A Florida Circuit Court judge ruled today that a legislatively enacted ban on the smoking of medical cannabis in private by qualified patients is unconstitutional.

    Lawmakers in 2017 passed Senate Bill 8A — which sought to amend provisions in Amendment 2, a voter initiated constitutional amendment permitting the use and distribution of marijuana for medical purposes. Specifically, SB 8A prohibited the possession of marijuana “in a form for smoking” and barred the use of herbal cannabis except in instances where it is contained “in a sealed tamper-proof receptacle for vaping.” Seventy-one percent of Florida voters approved Amendment 2 in November 2016.

    Backers of Amendment 2, including the group Florida for Care and longtime medical activist Cathy Jordan, challenged the ‘no smoking’ ban — arguing that lawmakers improperly sought to overrule the will of the electorate. Circuit Court Judge Karen Gievers today ruled in favor of the plaintiffs.

    “Section 381.986, Florida Statutes (2017) unconstitutionally restricts rights that are protected in the Constitution, and so the statutory prohibition against the use of smokeable marijuana permitted by [a] qualifying patient is declared invalid and unenforceable,” the judge ruled. “Qualifying patients have the right to use the form of medical marijuana for [the] treatment of their debilitating medical condition as recommended by their certified physicians, including the use of smokable marijuana in private places.”

    NORML has long argued against regulations that limit or restrict patients’ access to whole plant herbal cannabis. Many patients seeking rapid relief from symptoms do not benefit from cannabis-infused pills, tinctures, or edibles because they possess delayed onset compared to inhaled cannabis and are far more variable in their effects.

    “This ruling is a victory for Florida voters and, in particular, Florida’s patient community,” NORML Deputy Director Paul Armentano said. “These legislatively enacted restrictions arbitrarily sought to limit patients’ choices in a manner that violated the spirit of the law, and cynically sought to deny patients the ability to obtain rapid relief from whole-plant cannabis in a manner that has long proven to be relatively safe and effective.”

    The Court’s opinion in the case: People United for Medical Marijuana et al v. Florida department of Health et al., appears online here.

  • by Tom McCain, Executive Director, Peachtree NORML

    What’s A Straw Poll?

    For those that don’t know, a straw poll is an unofficial ballot conducted as a test of opinion.  On 5/22/2018 the question above appeared as the first local question on the Democratic ballot for Forsyth County, Georgia.  “Should Georgia amend the state Constitution to legalize the use of cannabis/marijuana for those 21 years old and older, allow a retail dispensary base, tax said products, and allocate revenue received equally to state education and transportation infrastructure?”

    The results are non-binding.  It was just a question to “test the opinion” of the voters.  Well, the voters spoke, and the results are pretty amazing, though not all that surprising.

    4996 (a whopping 77%) answered YES
    Only 1471 answered NO

    Did I mention that a whopping 77% answered YES?

    Marijuana On An Official Ballot in Georgia?

    How’d that happen?  I reached out to Melissa Clink, who currently chairs the Forsyth Democratic Party and asked that question.  She told me, “Our election board officials asked about a month ahead of elections if we wanted questions on our ballot. These questions take the temperature of voters and in my opinion alert elected officials how their constituents want them to vote on such matters.  I believed marijuana legalization was a high priority question in Georgia”.

    Clink said that there was some initial resistance from within the party, although support for medical usage was unequivocal.  As is the case with many citizens in Georgia, some believed Georgia had a viable medical marijuana program and were unaware of some of the hypocrisy in that program.  Clink explained that Georgia has a non-functioning medical use law that does not include in-state growth or access to medicine and that “we need to know how voters feel about outright legalization so that our elected officials can legislate according to the will of the people”.  The question was added to the ballot.

    Did I Mention That A Whopping 77% Answered YES?

    I bring that up because according to the latest Quinnipiac poll 63% of the Nation favors legalization.  The folks in Forsyth County, Georgia obviously favor it more than that.  Even the Republican Party there is saying they wish they’d asked that, and other, questions.

    Catherine Bernard, a liberty-loving criminal defense attorney said: “[this] matches up with my jury selection experience in Forsyth where almost everyone raised their hand when the prosecutor asked who thought it shouldn’t be against the law to have MJ!”

    The Heroin Triangle and Education

    Forsyth County is in Georgia’s “Heroin Triangle”, and this may have some bearing on why this county ranges 14% higher than the national percentage.  I’m sure they’ve been paying close attention to the growing evidence that marijuana is an exit from opiates, not the gateway.

    While the percentage of folks that want marijuana legalized in other Georgia counties may not be quite as high, we know that the majority of citizens want this.  We knew it in 2014 when we had a telephone poll done and over 50% of those polled were for full legalization.  That percentage has grown immensely over the past 4 years.

    Why Georgia, Why?

    So the questions become, “Why aren’t Georgia Legislators listening? Why aren’t more of them vocally supporting in-State cultivation for medical purposes?  Why aren’t they getting on board with decriminalizing possession of one ounce or less?  Why is it necessary to arrest more than 24,000 people a year for possession?”

    Take Action!!

    Contact your legislators during this recess.  Reach out to them on their home turf.  Call, write, email.  Express your support for more rational marijuana laws.

    Contact your Republican and Democratic Party Chairs.  Discuss a straw poll with them.

    “When we are talking, we are winning”.  Sooner now, than later, they will have to listen to us.  The tide is turning in Georgia.

    Tom McCain is the Executive Director of Peachtree NORML, fighting for the rights of Georgian cannabis consumers. You can visit their website at www.peachtreenorml.org, follow their work on Facebook and Twitter, and please make a contribution to support their work by clicking here. 

  • by Paul Armentano, NORML Deputy Director

    By a margin of nearly 2 to 1, Oklahoma voters support the passage of State Question 788 — a voter-initiated measure to permit patients access to marijuana for therapeutic purposes. Oklahomans will decide on the measure in a special election on Tuesday, June 26.

    According to polling data compiled by SoonerPoll.com and released today, 58 percent of likely voters endorse the measure, while 30 percent oppose it. Public support for the patient-centric initiative — which empowers physicians to use their discretion when determining cannabis therapy — has largely held steady, even in the face of growing, organized opposition from members of law enforcement and certain business leaders.

    Under the plan, licensed medical marijuana patients may cultivate up to six mature plants, and obtain personal use quantities of marijuana flower, edibles, or infused concentrates from regulated dispensaries. NORML formally endorsed the measure in January.

    Initiative proponents gathered sufficient signatures to place the issue before voters in 2016. However, the vote was postponed because when the state attorney general attempted to reword the initiative’s ballot title in a misleading manner. Initiative proponents sued to restore the title’s original wording. This year, proponents fought back legislation which sought to preemptively amend the initiative in a manner that would have curtailed the rights of both patients and their physicians.

    Voters in three other states — Michigan, Missouri, and Utah — are anticipated to decide on Election Day on statewide marijuana reform initiatives. Recent polling from those states finds majority public support for all three measures.

Page 3 of 6512345...102030...Last »