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Policy

  • by Justin Strekal, NORML Political Director April 1, 2017

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

    Happy April Fools Day – unfortunately I have no light-hearted gag for you today as marijuana prohibition is still very much in effect with thousands of people a week arrested throughout the country for mere possession of the plant.

    Nationwide, we have topped 1,600+ bills being filed throughout the country pertaining to marijuana. From new efforts in the Senate to remove marijuana from the Controlled Substances Act and to tax and regulate marijuana to tax reform that would treat marijuana businesses just like every other industry through 280E reform, a new found pressure is now felt for reform on Capitol Hill.

    At the state level, we have seen a range from legislative progress on social clubs in Colorado to the prohibitionists on the verge of a victory on rolling back local progress in Tennessee on decriminalization.

    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
    Regulate and Tax: Senator Ron Wyden and Representatives Earl Blumenauer and Jared Polis have introduced legislation in the House and Senate — The Marijuana Revenue and Regulation Act — (SB 776 and HB 1841 / HB 1823) to permit states to establish their own marijuana regulatory policies free from federal interference. In addition to removing marijuana from the United States Controlled Substances Act, this legislation also removes enforcement power from the US Drug Enforcement Administration in matter concerning marijuana possession, production, and sales — thus permitting state governments to regulate these activities as they see fit. An additional excise tax would be levied on the sale of marijuana.  

    Click here to email your federal elected officials to support this effort.

    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

    Colorado
    Colorado State Senator Bob Gardner and Representative Dan Pabon have introduced legislation, SB 184, The Marijuana Membership 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 membership club away from the general public.

    Update: The House Second Reading for SB 184 was laid over to 4/03.

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

    Delaware
    Legislation, HB 110, has been officially filed and introduced to regulate the adult use and sale of marijuana on March 30.  

    Senator Henry, the author of the state’s medical marijuana legislation said at a recent Medical Marijuana Act Oversight Committee meeting, “Education is suffering. Revenue from legalizing marijuana could help struggling schools and seniors, among other causes and close major budget deficits in Delaware.” The legislation is expected to be introduced in January.

    According to recent polling data compiled by the University of Delaware, sixty-one percent of state voters favor legalizing marijuana.

    DE Resident? Click here to email 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.

    Update: House Speaker Nicholas Mattiello’s office says it is unlikely that the legislations would get a floor vote in the House.

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

    Tennessee
    Legislation is before the Governor, HB 173, to nullify the enactment of citywide marijuana decriminalization ordinances and to prevent additional municipalities from enacting similar marijuana reform measures.

    The intent of the bill is to override the passage of recent citywide measures in Nashville and Memphis — both of which passed local ordinances last year making minor marijuana possession offenses a non-arrestable citation.

    By contrast, state law classifies marijuana possession as a criminal misdemeanor, punishable by up to one year in jail and a criminal record.

    Update: Members of the Senate passed HB 173 on March 28. It now goes to the Governor.

    TN Resident? Click here to tell Governor Haslam to veto this measure.

    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. A House version of the bill, HB 2677, is also pending.

    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.”

    Update: SB 383 passed the senate by a vote of 28-6 and will now head to the House.

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

    Other Actions To Take

    Federal
    The Small Business Tax Equity Act (SB 777 and HB 1810) is pending in the House and Senate to amend the federal tax code so that state-licensed, marijuana-related businesses are no longer unduly penalized by federal laws. NORML supports these legislative efforts.

    These measures amend Section 280E of the Federal Income Tax Code so that state-compliant marijuana operators for the first time can take business deductions for standard expenses such as rent and employee compensation and benefits — just like other legally licensed business entities.

    According to a 2017 report, over 120,000 workers are now employed full time in the legal cannabis industry. Allowing deductions for rent and employee costs would help these businesses grow economically and would provide incentives for hiring additional employees.

    Click here to email your federal elected officials to support this effort.

    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.

    Update: HB 1580 was returned by the Senate committee, with recommendation that it Do Pass.

    AR Resident? Email your elected officials to oppose 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.”

    The majority of Californians desire a legally regulated marijuana market. Passage of this act will limit state or local agencies from working with the federal government to undermine these regulations.

    CA Resident? Email your elected officials to support this effort.

    Colorado
    State officials in Colorado are considering legislation, SB 192, to protect the state’s adult use marijuana industry in case of a potential federal crackdown.

    The bill would permit adult use growers and sellers to instantly reclassify their recreational marijuana inventory as medical marijuana “based on a business need due to a change in local, state, or federal law or enforcement policy.” In recent weeks, officials from the Trump administration have indicated that they may consider taking action against recreational marijuana providers, but that they will not likely move against state-licensed medical marijuana providers.

    Update: The bill passed 4-1 committee in the Republican Senate

    CO Resident? Email your elected officials to support this effort.

    New York
    Legislation is pending, Senate Bill 1087, to expand the state’s medical marijuana law by removing the existing prohibition on herbal cannabis preparations.

    Under existing law, qualified patients are forbidden from obtaining whole-plant cannabis. Instead, they are required to access only cannabis-infused oral products such as oils, pills, or extracts prepared from the plant. “Smoking” or inhaling herbal cannabis is not defined as a “certified medical use.”

    These restrictions unnecessarily limit patients’ choices and deny them the ability to obtain rapid relief from whole-plant cannabis in a manner that has long proven to be relatively safe and effective.

    Senate Bill 1087 amends the law so that the possession and inhalation of herbal cannabis is no longer illegal.

    NY Resident? Email your elected officials to support this effort.

    Oregon
    Legislation is pending in the Senate, SB 863, to limit the federal government from acquiring data regarding adults and patients who legally purchase marijuana under state law.

    The emergency legislation, which would take immediate effect, mandates that retailers and dispensaries do not maintain customers’ purchase and/or personal identification records beyond 48 hours.

    Sponsors of the bipartisan measure say the privacy protections are in response to recent statements by the Trump administration with regard to a possible enforcement crackdown in adult use marijuana states.

    Update: SB 863 cleared the Senate and is now headed to the House.

    OR Resident? Email your elected officials to support this effort.

    Texas
    State Senator Jose Menendez has filed Senate Bill 269, currently making its way through committee, to protect qualified patients who consume cannabis and to provide for the state-licensed production and distribution of the plant.

    Update: A bipartisan House version of SB269 to legalize medical marijuana in the state of Texas has just been introduced by Representative Eddie Lucio III, D-Brownsville, titled HB 2107.

    TX Resident? Click here to email your officials in support of this effort.

  • by Justin Strekal, NORML Political Director March 17, 2017

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

    First and foremost, Happy St. Patrick’s Day! Fun fact, marijuana is still safer than alcohol. You can read more about it in Marijuana is Safer: So Why Are We Driving People to Drink? co-authored by NORML’s own Paul Armentano.

    This week we saw “legislative crossover” days dash the hopes of advancement in both Kentucky and Iowa. Additionally, the New Hampshire Senate defeated a legalization effort there, yet we are confident that this is the year when the Granite State finally decriminalizes marijuana.

    If you missed it, our monthly national chapter call had updates from Colorado, Delaware, Wisconsin, Georgia, and Washington state on their recent lobbying efforts. You can read more in calls report by clicking here.

    The Washington City Paper published a great piece entitled Pot: A Political History which does a wonderful job of giving context to the struggles that we face today after 80 years of marijuana prohibition.

    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
    End Prohibition: Representatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation, HR 1227, to exclude marijuana from the Controlled Substances Act, thus leaving states the authority to regulate the plant how best they see fit.

    The “Ending Marijuana Prohibition Act of 2017” eliminates federal criminal penalties for possessing and growing the plant. This legislation gives states the power and flexibility to establish their own marijuana policies free from federal interference.

    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

    Colorado
    Colorado State Senator Bob Gardner and Representative Dan Pabon have introduced legislation, SB 184, The Marijuana Membership 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 membership club away from the general public.

    Update: SB 184 passed the full Senate on Thursday, March 9, by a vote of 25-10 and will now be sent to the House. Gov. Hickenlooper has threatened a veto, saying he opposes any expansion of indoor smoking.

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

    Connecticut
    Multiple pieces of legislation to legalize the adult use of marijuana and to regulate its commercial distribution is pending in both the state House and Senate.

    Update: Lawmakers have scheduled a pair of hearings in March to debate these various legalization proposals. Members of the Public Health Committee heard testimony on Tuesday, March 7. Members of the Judiciary Committee will hear testimony on Wednesday, March 22.

    CT Resident? Click here to urge your elected officials to support this effort.

    New Mexico
    Legislation is pending, Senate Bill 258, to reduce penalties for minor marijuana possession offenses.

    The measure eliminates criminal criminal penalties for the possession of up to one-half of one ounce of cannabis, reducing the offense to a $50 fine. Under present law, this offense is classified as a criminal misdemeanor punishable by up to 15 days in jail and criminal record.

    Update: Members of the House Consumer and Public Affairs Committee passed SB 258 on March 14. It must still pass through one additional committee prior to receiving a House floor vote.

    NM Resident? Click here to urge 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.

    Update: SB 860 was placed on the calendar of the Criminal Justice Subcommittee for March 14 and HB 673 was deferred in Senate Judiciary Committee to March 28.

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

    Additional Actions To Take

    Kansas
    Legislation is pending, House Bill 2152, to permit qualified patients access to marijuana or extracts containing CBD and low levels of THC.

    The measure would permit patients with Alzheimer’s disease, cancer, multiple sclerosis, post-traumatic stress disorder or a condition causing seizures, including those characteristic of epilepsy, to possess marijuana or extracts containing no more than three percent THC. The measure also seeks to establish rules governing the state-licensed cultivation of low-THC marijuana strains and the preparation of products derived from such strains.

    Update: Members of the House Health and Human Services Committee heard the bill on Wednesday, Match 15 at 1:30pm, Room 546-S.

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

    Maine
    Legislation is pending, LD 1064, to require health insurance policies to cover expenses related to the physician authorized use of medical cannabis.

    The measure states, “A carrier offering a health plan in this State shall provide coverage for marijuana for  medical use for an enrollee who has received certification for the medical use of marijuana from a medical provider.”

    ME Resident? Click here to urge your elected officials to support this effort.

    Maryland
    House and Senate legislation is pending to allow those with past criminal marijuana convictions to have those records expunged.

    House Bill 379 / Senate Bill 949 permit those who received a criminal marijuana possession conviction prior to October 1, 2014, to seek expungement of their records.

    Update: Members of the Senate Judicial Proceedings Committee passed SB 949 on March 9.

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

    Massachusetts
    Legislation is pending before the House, H 113, to prohibit employers from discriminating against patients who legally consume marijuana during non-work hours. Additional legislation, H 2385, would expand protections for medical marijuana patients so that they may not be discriminated against with regard to housing, higher education, and child custody issues.  

    Changes in the legal status of marijuana has not been associated with any adverse changes in workplace safety. In fact, a pair of studies from 2016 find that legalization is associated with greater workforce participation and with fewer workplace absences. Most recently, the National Academies of Sciences just-released marijuana and health report found “insufficient evidence” to support an association between cannabis use and occupational accidents or injuries.

    It is time to end this discriminatory policy.

    MA Resident? Click here to urge your elected officials to support this effort.

    Montana
    House Bill 529 imposes a special six 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 Montana patients should not be forced to pay these excessive costs.

    Update: Members of the House Taxation Committee heard testimony on the bill on March 15. Most witnesses testified against the bill.

    MT Resident? Click here to urge your elected officials to oppose this effort.

    New Mexico
    Governor Susana Martinez has vetoed House Bill 144, which sought to establish a hemp research program in compliance with provisions in the federal Farm Bill explicitly authorizing states to engage in licensed activity involving hemp absent federal reclassification of the plant. The Governor provided no public explanation for the veto.

    The bill has previously passed the House and Senate by votes of 42 to 26 and 30 to 12 respectively.

    Update: Lawmakers have introduced a third hemp research bill, House Bill 530. This bill was passed by the House on March 14 by a vote of 65 to 1, and now awaits senate action.

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

    Oklahoma
    Legislation has been introduced, Senate Bill 704, to provide for hemp cultivation and manufacturing.

    The measure excludes industrial hemp from the state’s definition of marijuana and provides for its commercial cultivation and export.

    The measure also expands the list of qualifying conditions eligible for CBD treatment under state law. Under this change, patients with chronic pain, post-traumatic stress, and anxiety would be eligible for medicinal cannabis products as long as those formulations are in liquid form and do not exceed 12 percent THC.

    OK Resident? Click here to urge your elected officials to support this effort.

    Tennessee
    SB 1116 seeks to decriminalize the possession of up to one ounce 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.

    Update: SB 1116 has a hearing scheduled for March 28.

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

    West Virginia
    Legislation by Delegate Hornbuckle of Cabell, House Bill 3035, to legalize and regulate the adult use, production, and sale of marijuana is before members of the House Health and human Resources Committee.

    House Bill 3035, allows adults to possess up to one ounce of cannabis and to cultivate up to six cannabis plants for their own personal use. It also regulates the commercial marijuana market and allows for the production of industrial hemp.

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

  • 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.

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