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Policy

  • by Paul Armentano, NORML Deputy Director February 28, 2017

    take_actionRepresentatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation in Congress to exclude marijuana from the federal Controlled Substances Act, thus providing states with the exclusive authority to regulate the plant how best they see fit.

    The “Ending Marijuana Prohibition Act of 2017” removes the cannabis plant from the CSA so that it is no longer scheduled under federal law. This legislation gives states the power and flexibility to establish their own marijuana policies free from federal interference.

    Individual states are “more than capable” of deciding their own cannabis policies, Rep. Garrett explained in a prepared statement.

    According to polling data released last week by Quinnipiac University, 59 percent of Americans endorse legalizing the adult use of marijuana, and 71 percent of voters — including majorities of Democrats, Independents, and Republicans, believe that state governments, not the federal government, should be the ultimate arbiters of marijuana policy.

    With the recent confirmation of militant marijuana prohibitionist Jeff Sessions to the position of US Attorney General, and with comments from the Trump administration warning of a coming federal crackdown in adult use states, our best defense is a strong offense.

    Please take time today to contact your federal elected officials and urge them to act on passage of the “Ending Marijuana Prohibition Act of 2017.” You can do so by clicking here.

    Speaking earlier today before the National Association of Attorney Generals, Session’s doubled-down on his reefer rhetoricdenying scientific facts that legalizing cannabis access is associated with lower rates of opioid abuse (“Give me a break,” he responded) and urging state AGs, “[W]e don’t need to be legalizing marijuana.”

    If the Justice Department won’t listen to reason, then we must take this issue out of its hands. Act now to pass the “Ending Marijuana Prohibition Act of 2017” to ensure that medical marijuana patients and others are protected from undue federal interference.

  • by Justin Strekal, NORML Political Director February 24, 2017

    blogstickerWelcome to this week’s edition of the NORML legislative roundup!

    The elephant in the room is pretty simple. If you haven’t seen it yet, this week White House Press Secretary Sean Spicer opened the door to a federal crackdown in the states that have legalized adult-use marijuana. You can read more about it HERE.

    To date, there have been 1,322 pieces of legislation introduced nationwide – this week’s action ranges from the elected officials in North Dakota seeking to overturn the will of their voters to officials in California seeking to turn themselves into a “Sanctuary State” when it comes to marijuana.

    Below 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.

    Thanks for all you do and keep fighting,

    Justin

    Priority Alerts

    Federal
    Representative Dana Rohrabacher (R-CA), along with six other Republicans and six Democrats, has reintroduced bipartisan legislation, ‘The Respect State Marijuana Laws Act,’ to prevent the federal government from criminally prosecuting individuals and/or businesses who are engaging in state-sanctioned activities specific to the possession, use, production, and distribution of marijuana.

    HR 975 states, ‘‘Notwithstanding any other provision of law, the provisions of this subchapter related to marihuana shall not apply to any person acting in compliance with State laws relating to the production, possession, distribution, dispensation, administration, or delivery of marihuana.’’

    Click here to email your Congressional Representative to urge them to support this crucial legislation.

    Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) have formed the first-ever Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

    Click here to email your Member of Congress to urge them to join the newly formed Cannabis Caucus

    Iowa
    Legislation is pending in the House, HF 199, to establish a statewide medical marijuana program. Under HF 199, qualified patients with intractable pain and other conditions would be able to obtain cannabis from state-licensed facilities. Similar legislation is also pending in the Senate, SF 205.

    IA Resident? Click here to tell your elected officials to support this effort.

    New York
    Senator Liz Krueger (D) has introduced the Marijuana Regulation and Taxation Act, which is making its way through the New York General Legislature.

    The act legalizes possession and cultivation, and would establish a market for legal marijuana for adults 21 and older.

    Update: The Marijuana Regulation and Taxation Act, State Senate Bill S3040, has been referred to the Finance Committee.

    NY Resident? Click here to tell your elected officials to support this effort.

    North Carolina
    Rep. John Autry has filed comprehensive legislation to legalize patients use of and access to medical marijuana.

    HB 185, the North Carolina Medical Cannabis Act, permits qualified patients to possess up to 24 ounces of cannabis or grow their own personal supply. Separate provisions in the Act license and regulate the dispensing of cannabis from state-licensed facilities.

    NC Resident? Click here to tell your elected officials to support this effort.

    North Dakota
    Senate legislation is pending, Senate Bill 2344, to significantly rewrite the North Dakota Compassionate Care Act.

    Sixty-four percent of voters approved the law on Election Day. Lawmakers should respect the public’s will and implement this law as initiated.

    Update: SB 2344 passed the Senate by a vote of 40-6, exceeding the two-thirds majority needed for amending the ballot measure. The bill now awaits further action by the House.

    NC Resident? Click here to tell your elected officials to oppose this effort.

    South Carolina
    Legislation is pending, Senate Bill 212 and House Bill 3521, to establish a program to provide qualified patients with legal access to medical marijuana products.

    Under this program, patients would be permitted to obtain up to two ounces of cannabis and/or cannabis-infused products, such as extracts or edibles, from a state-licensed dispensing facility.

    Update: Members of the House subcommittee on Medical, Military, Public and Municipal Affairs voted 3-0 on February 21 to report HB 3521 for consideration before the full Committee

    SC Resident? Click here to tell your elected officials to support this effort.

    South Dakota
    Two bills are pending in South Dakota that provide various protections for medical marijuana users in South Dakota. SB 95 and SB 157 do not establish a South Dakota program, but protect those individuals who are prescribed medical marijuana in another state.

    SB 95 removes cannabidiol from schedule I and places it in schedule IV. Furthermore, it excludes cannabidiol entirely from the definition of marijuana.

    SB 157 protects patients that possess marijuana while they have a valid medical card from another state. The measure “covers patients who have moved to Colorado… or another legal state and done their due diligence for being prescribed medical marijuana.”

    Update: SB 95 passed in the Senate on February 21.

    SD Resident? Click here to tell your elected officials to support this effort.

    Texas
    Legislation has been introduced for the 2017 legislative session to decriminalize the possession of small amounts of marijuana.

    House Bill 81, filed by Representative Joe Moody and cosponsored by Representative Jason Isaac, seeks to amend state law so that possessing up to one ounce of marijuana is a civil violation, punishable by a fine – no arrest, no jail, and no criminal record. Under current state law, first-time marijuana possession offenses are classified as a criminal misdemeanor punishable by up to six months in jail and a fine of up to $2,000.

    According to the ACLU, Texas arrests over 70,000 individuals annually for simple marijuana possession offenses — the second highest total in the nation, at the cost of over 250 million dollars per year.

    Update: House Bill 81 has been referred to the State Affairs Committee.

    TX Resident? Click here to tell your elected officials to support this effort.

    Additional Actions To Take

    Arkansas
    House Bill 1580 imposes a special eight percent statewide tax upon medical marijuana sales. This tax would be in addition to the imposition of existing state and local taxes.

    While NORML generally does not oppose the imposition of fair and reasonable sales taxes on the commercial sales of cannabis for recreational purposes, we do not support such excessive taxation on medical sales. Most other states that regulate medical cannabis sales do not impose such taxes and Arkansas patients should not be forced to pay these excessive costs.

    AK Resident? Click here to tell your elected officials to support this effort.

    Arizona
    Arizona Representative Mark Cardenas has introduced legislation, House Bill 2002, which is making its way through committee, to defelonize minor marijuana possession offenses.

    Arizona’s penalties pertaining to the possession and/or sale of cannabis are among the toughest in the nation. Under present law, marijuana possession is classified as a felony, punishable by up to two years in jail. Annually, an estimated 20,000 Arizonans are arrested for violating marijuana possession laws.

    AZ Resident? Click here to tell your elected officials to support this effort.

    California
    Legislation is pending, Assembly Bill 1578, to try and limit potential federal interference in the state’s marijuana regulatory laws.

    The bill states, “This bill would prohibit a state or local agency, as defined, from taking certain actions without a court order signed by a judge, including using agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, or arrest a person for commercial or noncommercial marijuana or medical cannabis activity that is authorized by law in the State of California and transferring an individual to federal law enforcement authorities for purposes of marijuana enforcement.”

    CA Resident? Click here to tell your elected officials to support this effort.

    Colorado
    Colorado State Senator Bob Gardner and Representative Dan Pabon have introduced legislation that is headed to the Senate Business, Labor and Technology committee on Tuesday, March 1, 2017. SB 184: The Private Marijuana Clubs and Public Use Bill, will provide Colorado municipalities with the regulatory framework needed to allow responsible adults the option to socially consume marijuana in a private club away from the general public.

    CO Resident? Click here to tell your elected officials to support this effort.

    Kansas
    Legislation is pending before lawmakers, SB 155, to establish regulations governing a comprehensive medical marijuana program.

    SB 155 would permit qualified patients to grow their own medical marijuana or to obtain it from a licensed dispensary, while also educating physicians who seek to recommend cannabis therapy.

    Update: A hearing was held to debate and discuss SB 55 on February 20.

    KS Resident? Click here to tell your elected officials to support this effort.

    Kentucky  
    Legislation filed by Senator Perry Clark of Louisville, SB 57, seeks to establish a statewide, comprehensive medical marijuana program.

    Senate Bill 57, The Cannabis Compassion Act, establishes regulations overseeing the establishment of state-licensed dispensaries to provide medical marijuana to qualified patients. It also permits patients to home cultivate their own supply of medical cannabis.

    Update: SB 57 was referred to committee.

    KY Resident? Click here to tell your elected officials to support this effort.

    New Hampshire
    Legislation is pending in the state Senate, SB 233, that seeks to legalize and regulate the adult possession, use, and cultivation of limited amounts of marijuana (up to three mature plants and the harvest yielded from them and/or one ounce).

    The measure also would establish a commission to establish guidelines governing the eventual regulation of a commercial cannabis retail market.

    Update: Members of the Senate Judiciary Committee debated Senate Bill 233 on February 21.

    NH Resident? Click here to tell your elected officials to support this effort.

    Additionally, multiple bills are pending before lawmakers to expand the pool of patients eligible to qualify for medical marijuana therapy.

    In particular, these measures would permit patients with conditions like chronic pain and post-traumatic stress to obtain legal access to marijuana.

    Update: The Health, Human Services and Elderly Affairs Committee voted to pass bills that would add chronic pain and PTSD to the list of qualifying conditions for medical marijuana.  The bills passed by 12-6 and 9-8 margins respectively.

    NH Resident? Click here to tell your elected officials to support this effort.

    Tennessee
    Several pieces of legislation are pending to amend marijuana possession penalties.

    HB 831 and SB 1116 seek to decriminalize the possession of up to one ounce of marijuana.

    Update: HB 831 and SB 1116 have both been referred to committees.

    TN Resident? Click here to tell your elected officials to support this effort.

    Virginia
    State Senators Adam Ebbin (D), Bill Stanley (R) and Delegate Les Adams (R) have introduced SB 1091 and HB 2051 respectively, legislation that would remove the mandatory driver’s license suspension currently imposed for those with a marijuana possession conviction.

    Under current law, any drug conviction, regardless of whether or not a motor vehicle was involved, results in an automatic suspension of the individual’s driving privileges for 6 months.

    Update: SB 1091 and HB 2051 have both passed the full Senate and the House of Delegates. It now awaits the Governor’s signature or veto.  

    VA Resident? Click here to tell your elected officials to support this effort.

    West Virginia
    A coalition of Senate lawmakers have introduced legislation, SB 386, which seeks to establish the West Virginia Medical Cannabis Act — a state-sponsored program that will permit qualified patients to obtain medical cannabis from licensed dispensaries.

    Passage of the bill establishes a commission tasked with developing “policies, procedures, guidelines, and regulations to implement programs to make medical cannabis available to qualifying patients in a safe and effective manner.”

    WV Resident? Click here to tell your elected officials to support this effort.

    Wyoming
    The Senate Judiciary Committee approved HB 197, however the scope of the bill has been narrowed enough that NORML now opposes this legislation. HB 197 now only covers the possession of marijuana infused products weighing up to three grams. Due to the changes, Wyoming NORML has also withdrawn support of the bill.  Frank Latta, Executive Director of WY NORML, stated, “A lot of us worked for several years to reach a compromise we could live with,” but that the Senate changes are too much to tolerate.

    WY Resident? Click here to tell your elected officials to oppose this effort.

  • by Paul Armentano, NORML Deputy Director February 23, 2017

    CongressWhite House Press Secretary Sean Spicer today said that the Trump administration may engage in “greater” efforts to enforce federal anti-marijuana laws in jurisdictions that have legalized and regulated its adult use.

    In response to a question regarding how the administration intends to address statewide marijuana legalization laws, Spicer indicated that the administration views the regulation of marijuana for medical purposes as distinct from laws governing its adult use.

    He said: “I’ve said before that the President understands the pain and suffering that many people go through who are facing, especially, terminal diseases and the comfort that some of these drugs, including medical marijuana, can bring to them.” He then added, But “there’s a big difference between that and recreational marijuana. I think that when you see something like the opioid addiction crisis blossoming in so many states around this country, the last thing we should be doing is encouraging people.”

    On the latter topic, he concluded, “I do believe you will see greater enforcement” of anti-marijuana laws from the Department of Justice.

    While campaigning, President Trump voiced support for the authority of individual states to impose regulatory policies specific to the use and dispensing of medical cannabis, but was somewhat less clear with regard to whether he believed that state lawmakers ought to be able to regulate the adult use of cannabis absent federal interference. For instance, he stated that changes in the law in Colorado — one of eight states to legalize the adult use of marijuana — had led to “some big problems.”

    Senator Jeff Sessions, now US Attorney General, has been historically critical of marijuana policy reforms, stating: “[M]arijuana is not the kind of thing that ought to be legalized. … [I]t’s in fact a very real danger.” He also opined, “Good people don’t smoke marijuana,” and previously endorsed legislation to execute marijuana traffickers.

    During his testimony before members of the Senate Judiciary Committee in January, Sessions indicated that as US Attorney General he may take a more aggressive approach than did the Obama administration with regard to states that have enacted recreational use laws.

    Commenting on Spicer’s comments, NORML Deputy Director Paul Armentano said: “The press secretary’s comments are hardly surprising and they are similar to comments made by the new US Attorney General Jeff Sessions during his vetting process when he made clear that any use of marijuana remains against federal law and that ‘it is not the Attorney General’s job to decide what laws to enforce.’

    “Ultimately, those who reside in jurisdictions that have legalized and regulated cannabis under state law will only truly be safe from the threat of federal prosecution when and if members of Congress elect to amend federal marijuana laws in a manner that comports with majority public opinion and the plant’s rapidly changing legal and cultural status. Certainly, Congressional passage of HR 975, ‘The Respect State Marijuana Laws Act,’ and/or re-authorization of the Rohrabacher-Blumenauer amendment would be steps in the right direction to protect patients and others in legal states from undue federal interference.

    “If federal politicians were truly listening to the will of the electorate, they would move forward to enact these federal changes, which are strongly in line with voters’ sentiments. According to national polling data released today, 71 percent of voters — including majorities of Democrats, Independents, and Republicans — say that they “oppose the government enforcing federal laws against marijuana in states that have already legalized medical or recreational marijuana.” In short, undermining voters’ wishes and state laws in this regard not only defies common sense, it is also bad politics — particularly for an administration that is defining itself as populist in nature.”

    TAKE ACTION:
    Click here to email your member of Congress and urge them to support The Respect States’ Marijuana Laws Act.
    Click here to email your member of Congress to insist that they join the newly formed Cannabis Caucus.

  • by Justin Strekal, NORML Political Director February 18, 2017

    blogstickerWelcome to this week’s edition of the marijuana legislative roundup!

    So here is a first: their is a Federal Cannabis Caucus!

    In case you missed it, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis(D-CO), and Don Young (R-AK) have formed the Congressional Cannabis Caucus to promote sensible cannabis policy reform and to ease the tension between federal and state cannabis laws on Thursday, 2/16.

    Our priority call to action at the federal level is for people to contact their Representatives and urge them to join the Caucus – so CLICK HERE to send a message right now!

    Nationwide, the number of bills relating to marijuana now tops 1,200, ranging from technical tweaks to codes to a Rep in Washington actually trying to reinstate prohibition! (You’ll see that below, if you are a WA resident, we give you the option of sending him a message directly to voice your opposition to his ludicrous effort)

    Below 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.

    Thanks for all you do and keep fighting,
    Justin

    Priority Alerts

    Federal
    Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) have formed the first-ever Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

    Click here to email your Member of Congress to urge them to join the newly formed Cannabis Caucus

    Additionally, Representative Dana Rohrabacher (R-CA), along with six other Republicans and six Democrats, has reintroduced bipartisan legislation, ‘The Respect State Marijuana Laws Act,’ to prevent the federal government from criminally prosecuting individuals and/or businesses who are engaging in state-sanctioned activities specific to the possession, use, production, and distribution of marijuana.

    HR 975 states, ‘‘Notwithstanding any other provision of law, the provisions of this subchapter related to marihuana shall not apply to any person acting in compliance with State laws relating to the production, possession, distribution, dispensation, administration, or delivery of marihuana.’’

    Click here to email your Congressional Representative to urge them to support this crucial legislation.

    Georgia
    Legislation is pending in the Senate, SB 105, to reduce minor marijuana possession offenses.

    The bill reduces penalties for the possession of up to one-half ounce of marijuana from a maximum penalty of up to one year in jail and a $1,000 fine to no more than a $300 fine.

    GA Resident? Click here to tell your elected officials to support this effort.

    New Mexico
    Senate Bill 177 amends state law so that qualified patients may not be denied organ transplants. It also expands the pool of qualifying conditions for which a physician may legally recommend cannabis therapy, to include indications such as arthritis, neuropathy, Parkinson’s disease, and post-traumatic stress. It also extends the validity of a physicians’ recommendation beyond one year, and fast-tracks the patient registration process, among other important changes.

    Update: SB 177 has passed the Senate by a vote of 29-11 and now is in the House for consideration.

    NM Resident? Click here to tell your elected officials to support this effort.

    New York
    Legislation (A. 2142 and S. 3809) is before the Assembly and Senate to seal the records of those who have previously been convicted of the possession of marijuana in public view.

    New York has historically had the highest marijuana-related arrest rate in the nation largely because of questionable arrests made under the ‘public view’ exception. These arrests primarily target African Americans and Hispanics, and have been roundly criticized by leading politicians and civil rights advocates.

    Update: A. 2142 has passed the state Assembly by a vote of 95 to 38. The Senate has yet to take action on its companion bill, S. 3809.

    NY Resident? Click here to tell your elected officials to support this effort.

    North Dakota
    Senate legislation is pending, Senate Bill 2344, to significantly rewrite the North Dakota Compassionate Care Act.

    Sixty-four percent of voters approved the law on Election Day. Lawmakers should respect the public’s will and implement this law as initiated.

    Unfortunately, SB 2344 makes several unacceptable changes to the Act. Specifically, it eliminates provisions permitting specific patients the option to cultivate their own medicine, and reduces the quantity of medicine that patients may legally obtain. It also caps the number of medical cannabis cultivators and dispensaries to no more than four and eight, respectively.

    Update: Members of the Senate Human Services Committee have recommended passage of Senate Bill 2344. In response to voters’ concerns, they have amended the language so that the definition of ‘usable marijuana’ includes herbal forms of the plant. However, there are still many other provisions that NORML finds troubling and that undermine voters’ intent. The North Dakota Democratic Party has also raised various concerns regarding SB 2344

    ND Resident? Click here to tell your elected officials to oppose this effort.

    Oregon
    Legislation is pending before the Senate, SB 301, to prohibit employers from discriminating against adults who legally consume marijuana during non-work hours.

    Senate Bill 301 states, “It is an unlawful employment practice for any employer to require, as a  condition of employment, that any employee or prospective employee refrain from using a substance that is lawful to use under the laws of this state during nonworking hours.”

    Passage of this act would not prohibit employers from sanctioning employees who are under the influence at work.

    Update: Members of the Senate Judiciary Committee are scheduled to debate SB 301 on Tuesday, February 21.

    OR Resident? Click here to tell your elected officials to support this effort.

    Rhode Island
    A coalition of Rhode Island lawmakers has reintroduced marijuana legalization legislation in the House, H. 5555: The Adult Use of Cannabis Act

    The bill will allow adults 21 and older to possess cannabis and will establish a framework for businesses to cultivate and distribute marijuana. While the language is similar to that of previous bills that have failed to come to a vote, lawmakers this year believe that Rhode Island is ready to catch up to its northeast neighbors.

    RI Resident? Click here to tell your elected officials to support this effort.

    South Carolina
    Legislation is pending, Senate Bill 212 and House Bill 3521, to establish a program to provide qualified patients with legal access to medical marijuana products.

    Under this program, patients would be permitted to obtain up to two ounces of cannabis and/or cannabis-infused products, such as extracts or edibles, from a state-licensed dispensing facility.

    Update: Testimony was taken on S. 212 before the Senate Medical Affairs subcommittee on February 16. Among those testifying in favor of the bill included former US Attorney for the District of South Carolina Bill Nettles. Members of the subcommittee have yet to vote on the bill.

    Additionally, South Carolina Gov. Henry McMasters says he opposes legalizing marijuana, calling it a “bad idea.”

    SC Resident? Click here to tell your elected officials to support this effort.

    Tennessee
    Rep. Jeremy Faison, R-Cosby, and Sen. Steve Dickerson, R-Nashville, are sponsoring the legislature’s most concerted effort to legalize medical use of marijuana.

    Under present law, the possession of any amount of marijuana is punishable by up to one year in jail and a $250 fine.

    TN Resident? Click here to tell your elected officials to support this effort.

    Washington
    Washington state Representative Sherry Appleton has introduced legislation that is currently in committee, HB 1092: The Adult Home Grow & Criminal Reduction Bill, to allow adults the option to legally cultivate personal use amounts of marijuana in a private residence.

    Update: Members of the House Committee on Commerce and Gamine have passed a substitute version of HB 1212 to permit the cultivation of up to six plants and/or 24 ounces of usable marijuana harvested from those plants. The bill is now before the House Committee on Rules and the House Committee on Finance.

    WA Resident? Click here to tell your elected officials to support this effort.

    Additional Actions To Take

    Kansas
    Legislation is pending before lawmakers, SB 155, to establish regulations governing a comprehensive medical marijuana program.

    SB 155 would permit qualified patients to grow their own medical marijuana or to obtain it from a licensed dispensary, while also educating physicians who seek to recommend cannabis therapy.

    Update: SB 155 has a hearing scheduled for 10:30am on Monday, February 20.

    KS Resident? Click here to tell your elected officials to support this effort.

    Maryland
    HB 1185 and SB 928 are pending in the Maryland House and Senate. These measures seek to legalize and regulate the possession and use of limited amounts of marijuana for adults over the age of 21.

    Under these proposals, adults would be permitted to possess and grow limited quantities of cannabis. The measures would also regulate and license a commercial and retail marijuana market.

    Update: Committee members in the Senate will hear testimony on March 2nd at 1pm. Committee members in the House will hear testimony on March 7th at 1pm.

    MD Resident? Click here to tell your elected officials to support this effort.

    Additionally, Legislation is pending, Senate Bill 974, that prohibits individuals from operating a motor vehicle if they have any “detectable level” of THC or its inert metabolite THC-COOH present in their blood. Members of the Senate Judicial Proceedings Committee will hear testimony on this bill on March 2nd at 1pm.

    MD Resident? Click here to tell your elected officials to oppose this effort.

    Minnesota
    HF 927, to permit the adult use, cultivation, production, and retail sale of marijuana has been introduced in the Minnesota legislature.

    Deputy Minority Leader, State Rep. Jon Applebaum has announced his intent to sponsor the measure in a press release. The bill would allow those age 21 or older to legally possess and cultivate marijuana for personal use and establish regulations governing its commercial production and retail sale.

    MN Resident? Click here to tell your elected officials to support this effort.

    South Dakota
    More than a dozen lawmakers are backing legislation, Senate Bill 129, to eradicate the state’s marijuana possession by ingestion law.

    Under the law, one can be charged with a felony drug offense if their past use of a marijuana shows up on a blood or urine test. In the case of cannabis, byproducts of THC may be detectable for several weeks after one has ceased using it.

    Update: Members of the Senate Judiciary will hear testimony on SB 129 on Tuesday, February 21.

    SD Resident? Click here to tell your elected officials to support this effort.

    Virginia
    Senator David Marsden has introduced a bill to re-approve a previously passed act that will regulate the instate production of cannabis oil for the treatment of intractable epilepsy.

    SB 1027 ensures that patients suffering from the debilitating condition will not have to break federal law to import cannabis oil from out of state.

    Update: SB1027 has been passed unanimously by both the House (99-0) and Senate (38-0) and now heads to the Governor to be signed into law or vetoed. WSLS reports “It’s unclear if the governor will sign the bill into law.”

    VA Resident? Click here to tell your elected officials to support this effort.

    Washington
    Legislation is pending, House Bill 2096, that seeks to repeal “all laws legalizing the use, possession, sale, or production of marijuana and marijuana-related products.”

    While we do not anticipate this measure gaining traction, please let your lawmakers — and the bill’s sponsor, Rep. Brad Klippert — know that you oppose this effort.

    WA Resident? Click here to tell your elected officials to oppose this effort.

    Wisconsin
    Senator Jon Erpenbach (D-Middleton) and Representative Chris Taylor (D-Madison) introduced a pair of bills seeking to provide qualified patients with legal access to medical cannabis. The first bill establishes a statewide medical marijuana program, while the second bill would poll voters’ attitudes on the issue in the form of a nonbinding statewide referendum.

    WI Resident? Click here to tell your elected officials to support this effort.

    Wyoming
    As passed by the House by a 56 to 2 vote, HB 197 reduces existing marijuana possession penalties from up to one year in jail and a $1,000 fine to no more than 20 days in jail and a $200 fine for first-time offenders. Repeat offenders would face stricter penalties under the proposal.

    But proposed changes by the Senate would eliminate these penalty reductions.

    WY Resident? Click here to tell your elected officials to support reducing penalties.

  • by Kevin Mahmalji, NORML Outreach Coordinator February 14, 2017

    mj_salesThe fact that 190 million Americans now live in states where marijuana has been legalized to some degree is raising a number of questions and issues about how to integrate the American workforce and marijuana consumers rights in regards to drug testing. With medical marijuana is legal in 29 states and recreational marijuana for adult use in 8 states and Washington DC, millions of responsible and otherwise law-abiding adults remain at risk of being excluded from the workforce due to a positive drug test — even where the use does not affect an individual’s job performance or has taken place days or weeks prior to the test.

    NORML believes that this practice is discriminatory and defies common sense. As a result, a growing coalition of NORML Chapters in California, Oregon, Colorado and Washington have come together to advocate for necessary legislative and workplace reforms to protect responsible marijuana consumers.

    NORML’s Workplace Drug Testing Coalition’s efforts will focus on these four areas:

    1. Reform workplace drug testing policies
    2. Expand employment opportunities for marijuana consumers
    3. Clarify the difference between detection technology and performance testing
    4. Highlight off-duty state law legal protections for employees

    “Even though marijuana is legal and readily available in several states, consumers are being unfairly forced to choose between their job and consuming off the clock as a result of out-of-date employment practices,” said Kevin Mahmalji, National Outreach Coordinator for NORML. “That is why many NORML chapters active in legal states are now shifting their attention to protecting honest, hardworking marijuana consumers from these sort of antiquated, discriminatory workplace drug-testing practices, in particular the use of random suspicionless urine testing.”

    Employer testing of applicants or employees for trace metabolites (inert waste-products) of past use of a legal substance makes no sense in the 21st century.  This activity is particularly discriminatory in the case of marijuana where such metabolites may be detectable for weeks or even months after the consumer has ceased use.

    With the 2017 Legislative Session underway, this issue is finally getting the attention it deserves. Legislation has already been introduced in Oregon and Washington, and is gaining traction in those states.

    “Random suspicionless drug testing of applicants or employees for past marijuana use is not just unfair and discriminatory, it’s bad for business,” said attorney Judd Golden of Boulder, Colorado, a long-time NORML activist and Coalition spokesperson. The modern workforce includes countless qualified people like Brandon Coats of Colorado, a paraplegic medical marijuana patient who never was impaired on the job and had an unblemished work record. Brandon was fired from a Fortune 500 company after a random drug test, and lost his case in the Colorado Supreme Court in 2015. The Court unfortunately found Colorado’s lawful off-duty activities law that protects employees for legal activities on their own time didn’t apply to marijuana use.

    California NORML is also expecting legislation to be introduced this session to address this issue. Ellen Komp, deputy director of California NORML said, “One of the most frequently asked questions we have been getting since Prop. 64 passed legalizing adult marijuana use in California last November is, ‘Am I now protected against drug testing on my job?’ Sadly in our state, not even medical marijuana patients are protected against job discrimination, and it’s a priority of Cal NORML to change that. We are hoping to get a bill introduced at the state level and are working with legislators, unions, and other reform groups to make that happen.”

    NORML Chapters across the country are advocating on behalf of the rights of responsible marijuana consumers against discrimination in the workplace. “Our coalition was formed with the intention of not only educating legislators, but also with businesses in mind.  It is important they know testing for marijuana is not mandatory, and that employers have testing options,” said Jordan Person, executive director for Denver NORML. The Denver chapter is currently working with companies that offer performance impairment testing of workers suspected of on-the-job impairment or use rather than unreliable bodily fluid testing to help provide options for employers.

    thumbs_upFor decades drug testing companies and others have pushed their agenda through a campaign of misinformation. Until now there has never been an organized effort to challenge the profit- driven ideology of those who seek to benefit from intrusive drug screening. Mounting evidence continues to prove there is no logical reason why adult marijuana consumers should be treated with any less respect, restricted more severely, and denied the same privileges we extend to responsible adults who enjoy a casual cocktail after a long day at the office.

    For legal questions, please contact Coalition spokesperson Judd Golden at juddgolden@outlook.com. For other marijuana related questions or an interview, please contact Kevin Mahmalji at kevinm@norml.org.

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