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Legalization

  • by NORML June 13, 2018

    Last Friday, the Congressional Black Caucus announced its position on various marijuana law reforms.

    “Some of the same folks who told African Americans ‘three strikes and you’re out’ when it came to marijuana use and distribution, are now in support of decriminalizing the drug and making a profit off of it,” CBC Chairman Cedric L. Richmond (D-LA-02) said. “The Congressional Black Caucus supports decriminalizing marijuana and investing in communities that were destroyed by the War on Drugs – which, in addition to be a failed war, was a war on black and brown communities. We also support expunging the records of those previously convicted of misdemeanors for marijuana-related offenses.”

    The position was supported by an overwhelming majority of the 48-member caucus.

    Read more here: https://cbc.house.gov/news/documentsingle.aspx?DocumentID=903

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

    President Donald Trump on Friday expressed verbal support for recently introduced, bi-partisan legislation that seeks to codify legal protections for state-sanctioned marijuana-related activities.

    In response to a question from reporters, the President acknowledged that he “probably will end up supporting” The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act of 2018, sponsored by Senators Elizabeth Warren (D-MA) and Corey Gardner (R-CO). Majority Leader Mitch McConnell has also reportedly promised to permit a vote on the legislation.

    The bill mandates that the federal Controlled Substances Act “shall not apply to any person acting in compliance” the marijuana legalization laws of their state. It also amends federal law to explicitly remove industrial hemp from the definition of marijuana. A bipartisan House companion bill, sponsored by Reps. David Joyce (R-OH) and Earl Blumenauer (D-OR), is pending in the House of Representatives.

    Also today, Governors from 12 states: Alaska, California, Colorado, Maryland, Massachusetts, Nevada, New Jersey, New York, North Dakota, Oregon, Pennsylvania and Washington sent a letter to Congressional leadership urging passage of the STATES Act.

    In April, Sen. Gardner acknowledged that he had spoken with the President regarding the intent of his bill and that Trump “assured me that he will support a federalism-based legislative solution to fix this states’ rights issue once and for all.”

    Click here to send a message to your lawmakers in support of the States Act. 

  • by Paul Armentano, NORML Deputy Director

    United States Senate Majority Leader Mitch McConnell (R-KY) today announced that he has secured provisions in the 2018 Farm Bill to further expand and facilitate state-regulated hemp production.

    In a press release, McConnell acknowledged that provisions in S. 2667: The Hemp Farming Act of 2018 have now been incorporated into the Senate’s version of The Farm Bill (aka The Agriculture Improvement Act of 2018) — must-pass legislation that is approved by Congress every five years. Members of the Senate Agriculture Committee will consider the legislation on Wednesday, June 13.

    Senate Bill 2667 expands upon provisions (Section 7606) in the 2014 version of the Farm Bill that permit states to establish hemp research and cultivation programs absent federal approval. A majority of states have now enacted legislation to permit such programs.

    In 2017, state-licensed producers grew over 39,000 acres of hemp, according to data compiled by the National Conference of State Legislatures.

    “Securing the Hemp Farming Act as part of the 2018 Farm Bill has been a top priority of mine,” said Senator McConnell. “I look forward to continuing to work with my Senate colleagues on this and many other issues important to Kentucky agriculture as we move towards consideration of the Farm Bill.

    He added: “As a result of the hemp pilot program, which I secured in the 2014 Farm Bill, Kentucky’s farmers, processors, and manufacturers have begun to show the potential for this versatile crop. Today’s announcement will build upon that progress to help the Commonwealth enhance its standing at the forefront of hemp’s return to American agriculture. I look forward to continuing to work with my Senate colleagues and my partners in Kentucky … to grow hemp’s bright future.”

    Senate Bill 2667 provides states and/or Indian tribes with “primary regulatory authority over the production of hemp.”

  • by NORML

    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!

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