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NORML Blog

  • by NORML June 13, 2017

    Cannabis PenaltiesDeputy Attorney General Rod Rosenstein was questioned about federal marijuana policy during a Senate Judiciary Committee hearing today and his responses were disconcerting to say the least.

    Senator Lisa Murkowski (R-AK) asked Rosenstein about the current tension between state and federal marijuana laws.

    “We do have a conflict between federal law and the law in some states. It’s a difficult issue for parents like me, who have to provide guidance to our kids… I’ve talked to Chuck Rosenberg, the administrator of the DEA and we follow the law and the science,” said Rosenstein, “And from a legal and scientific perspective, marijuana is an unlawful drug. It’s properly scheduled under Schedule I. And therefore we have this conflict.”

    He further elaborated on the Trump Administration’s view of the Cole Memo, which was issued by President Obama’s Deputy Attorney General James Cole, which lays out guidelines for marijuana businesses operating in medical and legal states if they wish to avoid federal interference.

    “Jim Cole tried to deal with it in that memorandum and at the moment that memorandum is still in effect. Maybe there will be changes to it in the future but we’re still operating under that policy which is an effort to balance the conflicting interests with regard to marijuana,” stated Rosenstein, “So I can assure you that is going to be a high priority for me as the U.S. Attorneys come on board to talk about how to deal with that challenge in the states that have legalized or decriminalized marijuana, whether it be for recreational or medical use…”

    He also said that the Department of Justice is “responsible for enforcing the law. It’s illegal, and that is the federal policy with regards to marijuana.”

    After testifying in front of the Senate Appropriations Committee, he also appeared before its House counterpart.

    Representative Kilmer (D-WA) further questioned the Deputy Attorney General on the Cole Memo and the Department of Justice’s pending review of it, asking for an update on Attorney General Jeff Sessions view on it.

    Rosenstein responded: “I do not have an update. I can tell you, it’s a very complicated issue for us. Under federal law as passed by the Congress, and given the science concerning marijuana, it’s a Schedule I controlled substance. That’s a decision I’ve talked with (DEA) Administrator Rosenberg about. Some states have taken a different approach and legalized or decriminalized marijuana for medical use and in some cases recreational use…The question of whether it’s legal under federal law is resolved because Congress has passed a law — it’s illegal. Scientists have found that there’s no accepted medical use for it. Cole made an effort to examine the issue and find a way forward for the department where we could continue with our obligation to enforce federal law and minimize the intrusion on states that were attempting to follow a different path.”

    Despite these critiques, Rosenstein stated any revisions are likely to happen further down the road.

    “For the moment the Cole memo remains our policy. There may be an opportunity to review it in the future, but at the moment I’m not aware of any proposal to change it. But I think we’re all going to have to deal with it in the future.”

    You can watch the exchange on CSPAN by clicking HERE

    Send a message to your member of Congress to support legislation to end federal marijuana prohibition by clicking HERE. 

  • by Paul Armentano, NORML Deputy Director

    no_marijuanaThe enactment of medical marijuana laws is not associated with increased rates of problematic cannabis use, according to data published online in the journal Addiction.

    Columbia University investigators assessed cannabis use trends in states in the years following the passage of medicalization. They reported “no significant change in the prevalence of past-month marijuana use among adolescents or young adults (those ages 18 to 25)” following legalization. They also found no evidence of increased cannabis abuse or dependence by either young people or adults. States with largely unregulated medical programs were associated with increased self-reported use by adults age 26 and older, but states with stricter programs were not.

    The study’s findings are consistent with those of numerous other papers reporting no uptick in youth marijuana use or abuse following medical marijuana regulation, including those here, here, here, here, here, and here. The findings contradict those of a recent, widely publicized paper in JAMA Psychiatry which speculated that medical marijuana laws may increase the prevalence of cannabis use disorder among adults.

    An abstract of the study, “Loose regulation of medical marijuana programs associated with higher rates of adult marijuana use but not cannabis use disorder,” is online here.

  • by Justin Strekal, NORML Political Director June 10, 2017

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

    First off, apologies to weekly readers for skipping last week’s update. We held a NORML Legal Committee seminar in Colorado about tactics to continue the fight against prohibition and protect those facing jail and other adverse ramifications of prohibition. You can watch NORML’s Executive Director give the opening welcome HERE and click here to read a write up on it in The Denver Post’s Cannabist HERE.

    In the last two weeks, four pieces of legislation that we are supportive of went into law:

    Colorado
    Senate Bill 17 adds “stress disorders” (PTSD) to the list of debilitating conditions for which a physician may recommend cannabis.

    Maryland
    House Bill 379 / Senate Bill 949 went into effect May 27 to permit those who received a criminal marijuana possession conviction prior to October 1, 2014, to seek expungement of their records.

    Often minor marijuana possession offenders, many of them young people, face the lifelong penalties and stigma associated with having a record, even when the state no longer considers simple possession to be a crime.

    Nevada
    Assembly Bill 135 eliminates statutes criminalizing the operation of a motor vehicle if a driver has detectable levels of carboxy THC in his/her urine. Carboxy-THC is an non-psychoactive waste product of THC that may be present for days or even weeks post-abstinence. It’s presence in urine is not correlated with psychomotor impairment.

    While passage of AB 135 is a step in the right direction, further legislation will continue to be necessary in order to amend Nevada’s traffic safety laws in a manner that no longer inadvertently criminalize responsible adult marijuana consumers in regards to blood testing.

    Vermont
    SB 16 permits physicians for the first time to recommend medical marijuana to patients with post-traumatic stress, Crohn’s disease, or Parkinson’s disease. The measure also allows physicians to immediately issue medical cannabis recommendations for patients suffering from cancer, a terminal illness, or under hospice care supervision.

    Unfortunately, in Montana, SB 333, was signed into law to amend the state’s medical cannabis program, I-182, which voters passed in November.

    The measure establishes various rules and regulations regarding the operation of cannabis dispensaries, production facilities, and testing labs. It does not amend the expanded list of qualifying conditions enacted by I-182. However, SB 333 does impose new taxes on medical marijuana gross sales. NORML opposes taxes of medical cannabis. It also reduces the number of seedlings qualified patients are permitted to possess at home from 12 to no more than four. It also imposes limits regarding the total harvest of cannabis permitted per patient.

    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.

    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) earlier this year formed the 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 Congressional Cannabis Caucus

    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.

    Update: AB 1578 passed the Assembly on June 1 and now moves to the Senate for consideration.

    CA resident? Click here to send a message to your state Senator in support of this effort. 

    Louisiana
    SB 35 provides explicit exemptions from arrest and prosecution for persons lawfully in possession of medical marijuana.

    Presently, state regulators are finalizing rules and regulations governing its nascent medical cannabis program, which seeks to permit the production, dispensing, and use of non-herbal preparations of cannabis for qualified patients. Passage of SB 36 amends various criminal statutes to assure that those involved in the program are not inadvertently subject to criminal liability.

    Specifically, it provides immunity from arrest for those enrolled in the program who engage in activities related to the purchase or transportation of medical marijuana related products or paraphernalia. It provides further legal protections for pharmacies, producers, and testing laboratories engaged in medical cannabis related activities.

    Update: House members amended and passed SB 35 by a vote of 74 to 21 on June 5. Senate members approved the House changes on June 6. The reconciled bill was transmitted to the Governor.

    LA resident? Click here to send a message to the Governor in support of SB 35. 

    New Hampshire
    After nearly a decade of frustration, 2017 is finally the year that New Hampshire voters successfully see marijuana possession decriminalized.

    HB 640, will amend criminal penalties for marijuana possession is pending in the House, where lawmakers have overwhelmingly supported such efforts for eight years in a row. However, legislators this year are hopeful that, for the first time, they also have sufficient votes to also clear the Senate.

    Update: The House concurred with the amended Senate bill on June 1 and the bill will soon be transmitted to the Governor.

    NH resident? Click here to send a message to the Governor thanking him for his support of decriminalization. 

    Rhode Island
    Sponsors have announced plans to amend their legislation in a manner that would legalize the possession of up to one ounce of cannabis, effective July 1, 2018. The amended legislation would also establish an advisory committee to issue a report to the General Assembly by January 1, 2018 with recommendations regarding how best to establish a system for taxing and regulating marijuana in Rhode Island. Sen. Miller said, “We are prepared to compromise in a significant way, but there must be progress on the issue this year. Our proposal balances the will of the majority of voters who want marijuana to be legal for adults while respecting colleagues who want to slow things down and get the regulations right.”

    RI resident? Click here to send a message to your elected officials in support of this effort. 

    Other Actions to Take

    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.

    MA resident? Click here to send a message to your elected officials in support of this effort. 

    New Hampshire
    Legislation is pending in the New Hampshire House, HB 215, to establish a commission to study the legalization, regulation, and taxation of marijuana.

    Police in New Hampshire arrest some 2,900 individuals annually for simple marijuana possession offenses. The continued criminalization of adult marijuana use is out-of-step with the views of New Hampshire adults, 62 percent of whom now endorse legalizing and regulating cannabis, according to a 2016 WMUR Granite State Poll.

    Update: The House has adopted the Senate changes. The bill is expected to be transmitted to the Governor imminently.

    NH resident? Click here to send a message to the Governor urging him to sign HB 215

    Additionally, multiple bills are pending 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.

    NH resident? Click here to contact your elected officials to support patients. 

    New York
    A pair of bills are pending in the Senate to expand patients’ access to medical cannabis.

    Senate Bill 6092 expands the pool of patients eligible for medical cannabis access to include those with Alzheimer’s disease, lupus, rheumatoid arthritis and a number of other debilitating diseases. It also removes arbitrary caps imposed on the amount of THC permitted in oral products.

    Senate Bill 6308 allows for additional cannabis providers to operate in the state in order to improve patients’ access.

    NY resident? Click here to send a message to your lawmakers in support of these bills. 

    Rhode Island
    SB 176 is currently pending in the Rhode Island Senate. It amends the state’s Medical Marijuana Act, which currently only permits three medical marijuana dispensaries to operate in the entire state, to permit regulators to license up to six total dispensaries.

    In recent years, the total number of registered medical cannabis patients in Rhode Island has nearly doubled to more than 17,000 people. It is necessary for regulators to license additional dispensaries in order to keep up with this increased demand.

    RI resident? Click here to send a message to your lawmakers in support of this effort. 

  • by Keith Stroup, NORML Legal Counsel June 8, 2017

    C1_8734_r_xA ruling issued on June 7th by the US Court of Appeals for the Tenth Circuit, in response to a series of legal challenges to Colorado’s adult cannabis use regulations, includes both good news and bad news.

    The Good News

    Most importantly for the legalization movement nationwide, the appeals court rejected the argument raised by the states of Nebraska and Oklahoma that Amendment 64 in Colorado, the voter initiative that legalized and regulated the adult use of marijuana, was preempted by the federal Controlled Substances Act. That argument, made by these neighboring states, if accepted by the court, would have voided Amendment 64.

    It should be noted that this was not a definitive ruling on the federal preemption argument. Rather, it was a procedural ruling, finding that only the US Supreme Court has jurisdiction to hear disputes between the states. (The Supreme Court declined to consider a similar challenge in 2016.)

    In fact, it was only after the Supreme Court had rejected their motion that the two states elected to raise these same issues with the 10th Circuit, by filing a motion to intervene in the Safe Streets case.

    Also a big win, the Circuit Court rejected a similar attempt by a group of sheriffs and prosecutors from Colorado, Kansas, and Nebraska to use the US Controlled Substances Act and the Supremacy Clause of the US Constitution to enjoin the enforcement of Amendment 64. The court found that the Supremacy Clause “does not give rise to a private right of action.”

    Hopefully this will give pause to other anti-marijuana zealots out there who might wish to use the federal preemption argument to undermine the various state legalization laws.

    The Bad News

    The bad news is that the 10th Circuit did reinstate a civil RICO complaint filed by private landowners in Colorado against a state-licensed indoor cultivation center, alleging it had caused a noxious odor that damaged their property value. The appellate court remanded the case back to the US District Court for further proceedings to allow the plaintiffs to attempt to prove their RICO claims.

    While this is necessarily concerning to those in the state-legal cultivation industry, since the problems presented by the odors emanating from large grow operations is a theme which has been raised in several Colorado communities, it likely does not open the floodgates for every neighbor to bring a RICO suit against any cultivation center. Rather it likely will accelerate the adoption of the most effective technology by cultivation centers to minimize the odor of marijuana.

    In the court’s own words, “We are not suggesting that every private citizen purportedly aggrieved by another person, a group, or an enterprise that is manufacturing, distributing, selling, or using marijuana may pursue a claim under RICO. Nor are we implying that every person tangentially injured in his business or property by such activities has a viable RICO claim. Rather, we hold only that the Reillys alleged sufficient facts to plausibly establish the requisite elements of their claims against the Marijuana Growers here.”

  • by Paul Armentano, NORML Deputy Director June 4, 2017

    Marijuana researchScientists have conducted over 140 controlled clinical trials since 1975 assessing the safety and efficacy of whole-plant cannabis or specific cannabinoids, according to a new literature review published in the journal Critical Reviews in Plant Sciences.

    A pair of German researchers identified 140 clinical trials involving an estimated 8,000 participants. Of these, the largest body of literature focused on the use of cannabis or cannabinoids in the treatment of chronic or neuropathic pain. Authors identified 35 controlled studies, involving 2,046 subjects, assessing the use of marijuana or cannabinoids in pain management. In January, the National Academy of Sciences acknowledged that “conclusive or substantial evidence” exists for cannabis’ efficacy in patients suffering from chronic pain.

    Cannabinoids have also been well studied as anti-emetic agents and as appetite stimulants. Researchers identified 43 trials evaluating marijuana or its components for these purposes, involving total 2,498 patients. They also identified an additional 14 trials examining the role of cannabis or cannabis-derived extracts in the treatment of multiple sclerosis.

    Researchers also identified several additional trials evaluating the use of cannabis or cannabinoids for Crohn’s disease, Tourette’s syndrome, Parkinson’s disease, glaucoma, epilepsy, and various other indications.

    A 2014 study published in the Journal of the American Medical Association reported that new drugs typically gain FDA approval on the basis of one or two pivotal clinical trials.

    Full text of the study, “Medicinal uses of marijuana and cannabinoids,” appears online here.

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