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Legislative Update

  • by Carly Wolf, NORML Political Associate August 3, 2018

    Welcome to the latest edition of NORML’s Weekly Legislative Roundup!Legalize marijuana

    Congressman Charlie Crist (D-FL) and Congressman Drew Ferguson (R-GA) filed a new bill in the US House of Representatives this week to shield federal employees from being fired for marijuana use that is legal in the state in which they live.

    The Oklahoma Board of Health reversed course this week and revoked their previous set of proposed rules that went against the intent of SQ 788, which voters approved in the June special election. This reversal comes shortly after the state’s Attorney General warned health officials that they “acted in excess of their statutory authority” when they amended State Question 788. These new rules now go to Governor Fallin’s desk, she has 45 days to approve or reject them. As a reminder, the proposed rules remove the ban on the retail sale of herbal cannabis, eliminate the requirement that dispensaries hire state-licensed pharmacists, and no longer mandate that women of childbearing age undergo a pregnancy test prior to receiving a medical cannabis recommendation.

    Missouri’s secretary of state certified that three separate medical cannabis initiatives have enough signatures to appear on the November ballot. The Missouri Constitution specifies that if conflicting initiative measures appear on the same ballot, the one which receives the most votes will prevail. It is likely that all three of these measures will have the support of a majority of the voters. Two are constitutional amendments and the third is a statutory initiative.

    New York Gov. Andrew Cuomo (D) formed a working group to draft marijuana legalization legislation for the legislature to consider in 2019. And Hawaii regulators convened a working group to address employment issues for medical cannabis patients as well as edibles manufacturing.

    Also at the state level, about half of the medical cannabis dispensaries in Pennsylvania began selling medical cannabis in herbal form to registered patients, and the other half are anticipated to do the same this coming week. And Rhode Island medical cannabis dispensaries began serving out-of-state patients.

    Additionally, Illinois Gov. Bruce Rauner (R) signed a bill allowing medical cannabis in schools. Also, autism and obstructive sleep apnea became Minnesota medical cannabis qualifying conditions on Wednesday.

    At a more local level, Manhattan’s district attorney announced that his office will no longer prosecute marijuana use or possession.

    The Racine, Wisconsin City Council is considering placing a marijuana legalization advisory question on the November ballot, and similarly, the Eau Claire County, Wisconsin Administration Committee voted to advance consideration of marijuana advisory ballot questions. The Oregon, Ohio City Council placed a marijuana depenalization measure on the November ballot, but a proposed Nelsonville, Ohio marijuana decriminalization measure did not qualify for the November ballot.

    Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

    Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

    Your Highness,
    Carly

    Priority Alerts

    Federal

    End Cannabis Criminalization: Senate Minority Leader Chuck Schumer introduced legislation, the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

    Click here to e-mail your senators and urge them to support this important legislation

    Commonwealth of the Northern Mariana Islands

    Senate Bill 20-62 seeks to legalize the personal use and cultivation of small amounts of marijuana for adults age 21 or older, and establish a licensing scheme for its commercial production and retail sale. The tax revenue would be used to fund the implementation of the program and other government services.

    Update: The House of Representatives sent SB 20-62 back to committee on 8/1, but will soon introduce its own version of the legislation that should solve procedural issues around it being a revenue generating measure.

    CNMI resident? Click here to email your elected officials in support of legalization and regulation

    California

    Expungement

    Assembly Bill 1793 seeks “to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence.

    Update: AB 1793 will be heard by the Senate Appropriations Committee on 8/6 at 10am in the John L. Burton Hearing Room.

    CA resident? Click here to email your elected officials in support of expungement

    Banking

    Senate Bill 930 seeks to assist financial institutions in safely conducting transactions with licensed cannabis businesses.

    Update: SB 9030 will be heard in the Assembly Appropriations Committee on 8/8 at 9am in the State Capitol, Room 4202.

    CA resident? Click here to email your elected officials in support of banking access for cannabis businesses

    That’s all the legislative updates for this week!

  • by Carly Wolf, NORML Political Associate July 27, 2018

    Welcome to the latest edition of NORML’s Weekly Legislative Roundup!

    We’ve got a new piece of legislation at the federal level. In conjunction with NORML’s 2018 Lobby Day, Reps. Tulsi Gabbard (D-HI-02) and Carlos Curbelo (R-FL-26) introduced The Marijuana Data Collection Act. The act calls upon the National Academy of Sciences to collect and synthesize relevant data and to generate a formal report to Congress quantifying the impact of statewide marijuana legalization on matters specific to public health, safety, the economy, and criminal justice, among other issues. The report would also outline best practices for state-led data collection, as well as recommendations to overcome any barriers preventing data collection and gaps in data. Watch the press conference.

    Earlier in the week, the US House Rules Committee led by prohibitionist Representative Pete Sessions (R-TX) blocked two amendments related to marijuana from receiving consideration by the full House, thus ending their consideration and silencing the ability for the lower chamber to offer protections from the DOJ when it comes to cannabis. The amendments included allowing the District of Columbia to implement adult-use sales program, originally passed by voters in 2014, and protections for banks to provide services to marijuana businesses.

    At the state level, New Jersey’s state Attorney General has called on county and municipal prosecutors to suspend all marijuana-related prosecutions until early September. Also, a fiscal report issued by Pennsylvania’s Auditor General estimates that taxing Pennsylvania’s existing retail cannabis market would yield $581 million in new annual revenue. The report estimates that just under 800,000 Pennsylvanians are currently using cannabis. On that note, Pennsylvania dispensaries are set to begin selling medical cannabis in flower form this week.

    Oklahoma’s secretary of state said that proposed marijuana legalization and medical cannabis expansion initiatives are unlikely to appear on the November ballot even if they do collect enough signatures. But regulators will meet on August 1 to revisit widely criticized restrictive medical cannabis rules. The newly proposed changes eliminate several restrictive amendments enacted by the Department earlier this month, including removing the ban on the retail sale of herbal cannabis, eliminating the requirement that dispensaries hire state-licensed pharmacists, and no longer mandating that women of childbearing age undergo a pregnancy test prior to receiving a medical cannabis recommendation. No such restrictions initially appeared in the voter approved State Question 788. Meanwhile, it seems unlikely that lawmakers will go into special session to deal with medical marijuana implementation.

    At a more local level, the Marathon County, Wisconsin Board voted to place a medical cannabis advisory question on the November ballot. The Ostego County, Michigan Board of Commissioners voted to oppose the state’s marijuana legalization ballot measure, and the Grand Rapids, Michigan City Commission voted to allow medical cannabis businesses in its jurisdiction.

    Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

    Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

    Your Highness,
    Carly

    Priority Alerts

    Federal

    End Cannabis Criminalization: Senate Minority Leader Chuck Schumer introduced legislation, the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

    Click here to e-mail your senators and urge them to support this important legislation

    California

    Assembly Bill 1793 seeks “to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence.

    Update: AB 1793 will be heard by the Senate Appropriations Committee on 8/6 at 10am in the John L. Burton Hearing Room.

    CA resident? Click here to email your elected officials in support of expungement

    Kentucky

    House Bill 166 seeks to allow for the physician-authorized use of marijuana for patients with specific debilitating medical conditions.

    Update: Rep. Jason Nemes, one of the bill’s cosponsors, announced on Twitter that the bill will be heard in the House Judiciary Committee on 9/7.

    KY resident? Click here to email your elected officials in support of medical cannabis access

    That’s all for this week!

  • by Justin Strekal, NORML Political Director July 16, 2018

    Late Monday night, the House Rules Committee led by prohibitionist Representative Pete Sessions (R-TX) blocked two amendments related to marijuana from receiving consideration by the full House, thus ending their consideration and silencing the ability for the lower chamber to offer protections from Attorney General Jeff Sessions when it comes to cannabis.

    The amendments included allowing the District of Columbia to implement adult-use sales program, originally passed by voters in 2014, and protections for banks to provide services to marijuana businesses.

    In a release sent out earlier today containing the testimony by Representative Eleanor Holmes Norton (D-DC), the Congresswoman stated:

    My first amendment, cosponsored by Representatives Dana Rohrabacher, Barbara Lee and Earl Blumenauer, strikes the rider that prohibits D.C. from spending its local funds to commercialize recreational marijuana.  Nine states have legalized recreational marijuana, and eight of those states have approved commercialization.

    In February 2015, D.C. legalized the possession of marijuana for recreational use, after two independent studies found dramatic racial disparities in marijuana arrests in D.C.  A rider to block recreational use failed due to faulty drafting, and possession of up to two ounces of marijuana for recreational use is legal in D.C., but Congress has prohibited D.C. from spending its local funds to tax and regulate recreational marijuana.  This rider has unintentionally benefited violent drug gangs.  For that reason, some refer to it as the “Drug Dealer Protection Act.”  As one marijuana dealer told the Washington Post, the rider is “a license for me to print money.”  Regulating marijuana like alcohol would allow D.C., instead of drug dealers, to control production, distribution, sales and revenues.

     

    The banking amendment was introduced by Rep Denny Heck (D-WA), who Marijuana Moment first reported as testifying:

    “Our federal laws are outdated. The people in this country want the law to treat marijuana as we do alcohol. These large sums of cash make dispensaries an obvious target for robberies.”

     

    Earlier in the year, the Senate included existing protections for medical marijuana programs from the Department of Justice for the FY19 Appropriations Bill to restrict federal funds from being used for enforcement actions. The House Appropriations Committee passed identical language offered by Rep. Dave Joyce (R-OH) meaning that maintaining these protections will be considered in the annual conference committee and likely stay in effect.

    This was not the first time the Republican Congressman Pete Sessions, who is known to steer the Rules Committee with an iron fist, blocked marijuana-related amendments.

    He is currently being challenged by attorney, former NFL player, and former Special Assistant in the Department of Housing and Urban Development’s Office of General Counsel Colin Allred. You can find out more about Allred’s campaign here.

    Send a message to your federally elected officials in support of comprehensive reform legislation in our Action Center: http://norml.org/act

  • by Carly Wolf, NORML Political Associate July 13, 2018

    Welcome to the latest edition of NORML’s Weekly Legislative Roundup!

    A lot has happened at the state level this week, starting with Maine lawmakers overriding Gov. Paul LePage’s (R) veto of medical cannabis expansion legislation, by a vote of 119 to 23 in the House and 25 to 8 in the Senate. The measure will now become law later this fall.

    North Dakota activists submitted what they believe are enough signatures (nearly 19,000!) to qualify a marijuana legalization measure for the November ballot. State officials must certify 13,452 signatures in order to qualify the measure for the 2018 ballot and are anticipated to take an estimated 35 days to verify proponents’ signatures.

    Directors at the Oklahoma Department of Health voted 5 to 4 to severely limit patients’ access to a wide range of cannabis products. Specifically, the new provisions: prohibit the sale of smokable herbal  cannabis at licensed dispensaries; require dispensaries to have a licensed pharmacist on staff; impose arbitrary THC potency thresholds on various cannabis-infused products; and mandate that dispensary managers obtain at least four hours of continuing education training each calendar year. Qualified patients will still be permitted to grow their own medical marijuana flowers.

    Oklahoma lawmakers formed a bipartisan working group to focus on seeing that medical cannabis is implemented in a way that “conforms to the will of the voters.” House Democrats are calling for a special legislative session to address the issue.

    Hawaii Gov. David Ige (D) signed legislation into law permitting out-of-state patients to access medical cannabis while visiting Hawaii. The measure also permits licensed dispensaries to sell cartridges to patients containing cannabis extracts and oils. The law took effect upon passage. However, Gov. Ige vetoed legislation to allow medical cannabis as a substitute for opioids, and for substance use and withdrawal symptoms, stating that the responsibility of adding new qualifying conditions should be left up to the Health Department, not lawmakers.

    Rhode Island Gov. Gina Raimondo (D) signed a bill into law allowing those with past marijuana convictions to have their records expunged for crimes that were subsequently decriminalized, such as marijuana possession. Those with past convictions for crimes involving the possession of less than one ounce of cannabis can now petition the court to seek an order of expungement.

    And Pennsylvania Gov. Tom Wolf signed legislation into law to facilitate state-sponsored medical cannabis research.

    At a more local level, The Dane County, Wisconsin Board voted to place a marijuana legalization advisory question on the November ballot, a La Crosse County, Wisconsin Board committee advanced a marijuana legalization advisory measure for the November ballot, and unfortunately the Walworth County, Wisconsin Board killed a marijuana legalization advisory measure proposed for November’s ballot. But activists in Nelsonville, Ohio did turn in signatures to qualify a marijuana decriminalization measure for the November ballot.

    Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

    Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

    Your Highness,
    Carly

    Priority Alerts

    Federal

    End Cannabis Criminalization: Senate Minority Leader Chuck Schumer introduced legislation, the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

    Click here to e-mail your senators and urge them to support this important legislation

    Delaware

    Senate Bill 197 seeks to permit those convicted of past marijuana possession convictions to seek expungement.

    The measure would allow individuals to file a petition with the court requesting the expungement of any past marijuana possession violations that are no longer defined as a crime under state law. State officials estimate the legislation could affect up to 1,300 people convicted of a single marijuana crime from 1977 to 2015.

    Update: SB 197 was sent to to Gov. John Carney’s desk. Legal advisers to the Governor are reviewing the bill, but he is expected to sign it into law.

    DE resident? Click here to email your Governor in support of expungement

    California

    Assembly Bill 1793 seeks “to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence.

    Update: AB 1793 will be heard by the Senate Appropriations Committee on 8/6 at 10am in the John L. Burton Hearing Room.

    CA resident? Click here to email your elected officials in support of expungement

    That’s all the legislative updates for this week!

  • by Carly Wolf, NORML Political Associate July 6, 2018

    Welcome to the latest edition of NORML’s Weekly Legislative Roundup!

    At the state level, Vermont’s law legalizing marijuana possession and home cultivation took effect on July 1, and so did Georgia’s law allowing low-THC medical cannabis preparations for PTSD and intractable pain. New Jersey Gov. Phil Murphy (D) said that although marijuana legalization didn’t make it into the state’s budget deal, there is agreement from lawmakers to get it done “sooner rather than later.” The Senate president said that legislators are “committed” to passing marijuana legalization this summer.

    At a more local level, the Rock County, Wisconsin Board voted to place a marijuana legalization advisory question on the November ballot. The Forest Park, Georgia City Council voted 3-2 for decriminalization and a Savannah, Georgia law allowing police to avoid low-level marijuana arrests took effect on Sunday.

    Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

    Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

    Your Highness,
    Carly

    Priority Alerts

    Federal

    End Cannabis Criminalization: Senate Minority Leader Chuck Schumer introduced legislation, the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

    Click here to e-mail your senators and urge them to support this important legislation

    Commonwealth of the Northern Mariana Islands

    Senate Bill 20-62 seeks to legalize, tax, and regulate cannabis in the US territory of the Commonwealth of the Northern Mariana Islands.

    If passed, the bill would legalize the personal use and cultivation of small amounts of marijuana for adults age 21 or older, and establish a licensing scheme for its commercial production and retail sale. The tax revenue would be used to fund the implementation of the program and other government services.

    Update: The House Judiciary & Government Operations Committee recommended the passage of SB 20-62 on 7/2.

    CNMI resident? Click here to email your elected officials in support of legalization

    Delaware

    Senate Bill 197 seeks to permit those convicted of past marijuana possession convictions to seek expungement.

    The measure would allow individuals to file a petition with the court requesting the expungement of any past marijuana possession violations that are no longer defined as a crime under state law. The bill was already passed by the Senate last month.

    Update: on 7/2, SB 197 was unanimously approved by the House. The bill now awaits action from Governor John Carney (D).

    DE resident? Click here to email your Governor in support of expungement

    California

    Assembly Bill 1793 seeks “to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence.

    Update: AB 1793 will be heard by the Senate Appropriations Committee on 8/6 at 10am in the John L. Burton Hearing Room.

    CA resident? Click here to email your elected officials in support of expungement

    Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

    Update: On 7/2, SB 829 was approved by the Assembly Committee on Revenue and Taxation by a vote of 8-1, and was re-referred to the Committee on Appropriations.

    CA resident? Click here to email your elected officials in support of helping needy patients

    Senate Bill 1127 would help students with severe medical disabilities attend school by allowing a parent or guardian to come on campus to administer medical cannabis to them in non-smoking and non-vaping forms.

    Update: SB 1127 was heard by the Judiciary Committee on 7/3, and then approved by the Committee by a 7-3 vote.

    CA resident? Click here to email your elected officials in support of expanded access to medical cannabis in schools

    That’s all the legislative updates for this week!

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