At the state level, we have updated or added 23 Action Alerts this week as the total number of pieces of legislation introduced nationwide that pertain to marijuana has now topped 1,400.
Federally, the developments just keep on coming, furthering the confusion and disarray at the Department of Justice and the marijuana policy objectives of Attorney General Jeff Sessions.
AG Sessions has articulated alternative facts in regards to marijuana and violence and opioids and has yet to say what “increased enforcement” means. Yet a staffer at the DoJ did say that the “The department’s current policy is reflected in the 2013 Cole Memo,” referring to the Obama policy.
Additionally, 11 Senators sent a letter to the Attorney General that stated “It is essential that states that have implemented any type of practical, effective marijuana policy receive immediate assurance from the DOJ that it will respect the ability of states to enforce thoughtful, sensible drug policies in ways that do not threaten the public’s health and safety,” the senators wrote. “This ensures that state infrastructure, including tax revenue, small businesses, and jobs, can be protected; DOJ resources can be used most effectively; and most importantly, that marijuana can be properly regulated to improve public health and safety.”
Conveniently, the “Ending Marijuana Prohibition Act of 2017” was reintroduced this week in the House of Representatives. Email your Representative to sign onto the bill and support it now by clicking here.
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,
NEW: 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.
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.
States Rights: 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.’’
Legislative efforts are pending to amend the state’s voter-initiated medical marijuana law in a manner that would restrict qualified patients from smoking herbal preparations of the plant. Republican Gov. Asa Hutchinson indicates that he favors the plan.
Update: The Senate version of this bill, SB 357, has passed Committee and now awaits action on the Senate floor.
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 will hear testimony on Tuesday, March 7. Members of the Judiciary Committee will hear testimony on Wednesday, March 22.
Senate legislation is pending, SF 280, to reduce penalties involving the possession of five grams of marijuana or less.
If passed, the measure would classify first time offenses from a serious misdemeanor, punishable by up to six months in jail and a $1,000 fine, to a simple misdemeanor, punishable by no more than 30 days in jail and a $625 fine.
Update: Members of the Senate Judiciary subcommittee passed the measure to the full Committee on February 28.
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.
Rep. Samuel Young has introduced H. 490 to regulate the commercial and retail marijuana market.
H. 490 establishes a regulated system whereby adults may legally obtain marijuana from state-licensed retail providers and sellers.
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.
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. The Governor’s Action deadline is midnight on March 27.
Additional Actions To Take
Legislation is pending, SB 1337, to permit for the licensed production of industrial hemp.
The proposal redefines hemp as a legal agricultural product and finds, “[T]he development and use of industrial hemp can improve the economy.”
Update: SB 1337 passed in the Senate with a vote of 26-4 and is being transmitted to the House.
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.”
Update: AB 1578 may be heard in committee on March 21.
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 155 on February 20.
Legislation has been introduced in the House, HB 1095, to legalize the adult use of marijuana and to regulate the commercial cannabis market.
The measure permits adults to legally possess up to 35 grams of marijuana and/or to cultivate up to six marijuana plants. Adults may legally possess the total yield from those plants.
State Representatives Bill McCamley and Javier Martinez introduced HB 89, the Cannabis Revenue & Freedom Act to regulate the cultivation and retail sale of marijuana in the state. Companion legislation, SB 278, introduced by Sen. Gerald Ortiz, is also pending in the Senate.
Update: Members of the House Business and Industry Committee voted 9-1 on Monday, February 27, to defeat House Bill 89. SB 278 is still awaiting a vote in the Senate.
Additionally, 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: A Senate substitute version of SB 258 was passed 33 to 9 by members of the Senate. The amended version of the bill now awaits action by the House.
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: Members of the House Health and Human Services Committee removed the FDA provision from SB 95 and passed it 7 to 3 on March 2.
Legislation is pending in the Tennessee House, 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.
Update: HB 173 has been passed out of subcommittee and now awaits action by the full House Criminal Justice Committee.
Additionally, 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: SB 1116 has a hearing scheduled for March 7.
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.
Legislation is before lawmakers, House Bill 2064, to amend state law so that industrial hemp is not longer classified under the state’s uniform controlled substances act.
If passed, hemp plants will no longer be regulated as a controlled substance.
Update: HB 2064 has unanimously passed the House and awaits action in the Senate.
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.
Update: The first bill, SB 38, had been introduced to the Senate and referred to committee.
George Rohrbacher: Trump Administration Plans To Ramp Up Government Regulation and Stifle New Marijuana BusinessesMarch 1, 2017
By George Rohrbacher,
Former Washington State Senator (R),
Former NORML board member
The Trump White House statement last week of plans for stricter enforcement of federal marijuana laws in states with newly voter-approved recreational marijuana laws signals Trump’s surprisingly pro-regulation, anti-business, anti-Liberty stance.
Cannabis prohibition is perhaps one of America’s most onerous forms of government regulation, regulation enforcement that comes with prison time and possible asset confiscation, regulation that has produced over 25,000,000 marijuana arrests. Think about that stunningly gigantic number for a moment. POT PROHIBITION IS GOVERNMENT REGULATION ON STEROIDS!
Marijuana legalization is the answer, and tens of millions of American voters have said so. They have repeatedly said, “YES”, to cannabis. This “culture war,” brewing for three or four generations, has finally been brought to a head by the voters themselves doing an end-run around the system. Even though we won 8 out of 9 cannabis legalization election efforts this past fall, the Trump Administration wants to turn back the clock.
As the American voter has taken their cannabis rights back state by state, a new, legal multi-billion dollar cannabis industry has sprung up- bigger, faster and more diversified than anyone expected. The Trump-Sessions Justice Department wants to kill it. Beyond just getting high, new unexpected markets are springing up everywhere, from upscale middle-aged women looking for a non-psychoactive sleep aid (CBD, etc.), to geriatric patients in nursing homes looking for a little more spring in their step, to a non-toxic substitute for prescription painkillers, drastically reducing opioid deaths and use. The markets this industry-in-the-making will service extend from getting-a-buzz-on, to optimum human health, and everything else in between. The Trump Administration has plans to stifle these burgeoning businesses!
The supposed lines of distinction between the categories of recreational and medical use of marijuana are not recognizable to this cannabis consumer with 48 years of experience. I’ve used pot daily for half-a-century because it makes me feel good. Farming for 40 of those years, my spine has received quite a beating and I’ve used cannabis for the pain of that too. The line between these two uses? Is there one? No, there are none.
Attorney General Sessions believes that while medical use might be okay sometimes, “recreational use is very, very different” (please cue up a showing of REEFER MADNESS). “Good people do not use marijuana,” Sessions believes. And those bad pot using people, like me, felons all by federal law, deserve to be arrested.
Under the Controlled Substances Act of 1970, marijuana is a Schedule I Drug. This gives our myopic, over-regulating federal government license to treat hemp like heroin. Schedule I Drugs, by their very definition, have no accepted medical use. While at this very same time, according to PubMed, the prohibited cannabis and its many surprisingly active cannabinoids show over 24,000 references in medical studies, half of them done within the last 10 years. This includes a VERY, VERY important clinical trial released just last month, done in England: a randomized, placebo-controlled study that showed cannabinoids effective in controlling blood sugar levels in Type 2 diabetics. Being that 1 out of 8 American adults suffers from diabetes, a disease with devastating health, societal, and economic costs, one would think that the discovery of an all-natural, non-toxic new treatment option for this horrible disease would be met with a standing ovation from the White House, instead of promises of increased Draconian Government Regulation.
If President Trump wants to live up to his pre-election rhetoric and take real action on those promises to cut government regulation…. Well, try this: Earth to Trump! Earth to Trump! De-Schedule Marijuana, for God’s sake.
To maintain their fantasy that marijuana is a dangerous drug and has no medical use while 29 states have legal medical marijuana, the people at the Justice Department who really truly believe that cannabis should be listed as a Schedule I Drug must be smoking something far, far stronger and much more dangerous than pot.
I’ve worn many hats in my life, the most important: dad, granddad, and husband. Also cattle rancher and farmer, small businessman, state senator and board member of NORML. I’m an active citizen married 47 years to a cannabis-using former school superintendent. I’ve been involved in local and regional land use planning, community development, wildlife and historical preservation. And all these many years those many hats have been sitting on a good-for-nothing, unrepentant pot-head.
As a farmer, I am by my very definition conservative. I served in the legislature as a Republican, from a party that believes in reducing government regulation and freeing up business to serve America…. And being able to make a profit while doing it!
Americans across the nation are clamoring: “Tax me, tax me, just please stop arresting me!” Hundreds of millions of new tax dollars to build schools and fix our roads have been generated by legal recreational marijuana sales. The Trump Administration wants to kill this new tax-generating business. Why??? Is it to protect Trump’s buddies at Big Pharma, Big Booze and Big Tobacco who worry about cannabis potentially cutting into their profits? Or is this Trump’s effort to harken back to the Greatness of the Ideas, Beliefs and Failed Policies of Richard Millhouse Nixon?
In attempting to answer this question: Why? Just run down the list of tried-and-true one-line answers to that question. My favorite is: “BUT, BUT… WHAT ABOUT THE CHILDREN???”
Yes, a very good question, indeed. It is THE question. It is always, ultimately, about the children. Those 25,000,000 Americans arrested for pot that I mentioned earlier in this piece? Every single last one of them was someone’s child, someone’s grandchild. And many, many of them had children of their own. And the toll on children of color is many times that of whites. Millions of lives have been ruined, and countless families were destroyed by these arrests.
Yes. Absolutely. It is all about the children. Which is why it is time to end marijuana prohibition.
Representatives 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.
Speaking earlier today before the National Association of Attorney Generals, Session’s doubled-down on his reefer rhetoric — denying 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.
Speaking to the press this evening, Attorney General Jeff Sessions doubled down on his infamous reefer madness rhetoric. Sessions stated:
“We’re seeing real violence around that. Experts are telling me there’s more violence around marijuana than one would think and there’s big money involved.”
Sessions’ latest comments describe a reality that only exists in the world of alternative facts. Marijuana legalization has not lead to increased crime or violence, but rather is associated with lowered youth use rates and access, increased tax revenue, and fewer arrests of otherwise law abiding American citizens. The truth is that legalization is working as voters have intended and that the new US Attorney General’s opinions are reckless, irresponsible, and outright false.
These statements are not only out of touch with reality and public sentiment, but they also go against President Trump’s promise on the campaign trail to leave marijuana policy to the states. If you support legalization now is not the time to be silent. Now is the time to stand up and fight back.
The only way to ensure our progress continues in light of this proposed push back is to pass federal legislation that makes certain that the Attorney General can’t intervene in states that have enacted adult use regulatory laws. We need to pass the Respect State Marijuana Laws Act of 2017. This legislation would prevent the federal government from attack state approved legalization and medical marijuana laws.
This is a true test of our movement. Stand with is against these threats because together we are unstoppable. Together we will legalize marijuana nationwide.
It has been a whirlwind since the White House Press Secretary Sean Spicer on Thursday indicated 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 the last four days, NORML has helped to generate over 20,000 emails to members of Congress in to support HR 975, The Respect State Marijuana Laws Act, which would prevent federal agencies from enforcing prohibition in states that have changed their marijuana laws. In addition, over 5,000 individuals for the first time have also emailed their state elected officials via our Act page in support of various statewide legislative reforms.
While neither the White House nor the Department of Justice have yet to act on their threats, this trial balloon could be a prelude to aggressive action in the not so distant future. In the context of recent actions by the Department of Justice in regard to immigration enforcement and private prisons, it is within the realm of possibility that a full scale assault on marijuana users could be coming shortly.
Even if the Department of Justice does little more than send letters to elected officials in legal states declaring its intention to act, this alone will have a serious chilling effect on the implementation of statewide legalization laws. These are exactly the sort of tactics that our opponents in states like Maine and Massachusetts have sought for in order to justify delaying implementing the will of their voters.
We must be vigilant and pressure Congress to protect adult use marijuana states from undue federal interference.
Trump Administration’s dubious claims about pot and opioids are dead wrong
…Proponents of marijuana prohibition have long alleged that experimentation with pot acts as a ‘gateway’ to the use and eventual abuse of other illicit substances. But the evidence does not support this claim.
In reality, permitting marijuana sales to be regulated by licensed, state-authorized distributors rather than by criminal entrepreneurs and pushers of various other illicit drugs results in fewer, not more, Americans abusing other, potentially more dangerous substances…
– Read more in The Hill
Trump’s Proposed Pot Crackdown Is Out Of Step With Voters, Including Many Republicans
…Rather than picking an unnecessary fight with the majority of American voters, including a significant portion of Trump’s own base, the administration should consider embracing common sense marijuana law reforms. Endorsing bipartisan legislation, HR 975: The Respect State Marijuana Laws Act,” would be a good place to start. In accordance with the electorate’s wishes, passage of the act would prevent the federal government from criminally prosecuting individuals or businesses that are engaging in state-sanctioned activities specific to the possession, use, production, and distribution of marijuana.
Despite more than 70 years of federal marijuana prohibition, Americans’ consumption of and demand for cannabis is here to stay. It is time for politicians to acknowledge this reality and amend federal marijuana laws in a manner that comports with majority public opinion and the plant’s rapidly changing legal and cultural status. The Trump administration has the opportunity to take the lead on this issue. It would be an enormous political misstep for them to do otherwise….
– Read more in The Daily Caller
“Today’s statement by White House Press Secretary Sean Spicer regarding marijuana policy reaffirms the need for the Congressional Cannabis Caucus. Last November, eight more states passed measures to increase access to state-legal cannabis, and today more than 300 million Americans live in states with access to adult-use marijuana or some form medical cannabis. Among them are four additional states that have fully legalized the adult-use of marijuana. We hope today’s comments do not reflect the views of the President and his administration. As co-chairs of the Congressional Cannabis Caucus, we stand ready to educate this administration on the need for more sensible marijuana policies and share the many experiences states have had with the legalization of cannabis. Together, we will continue to work in a bipartisan manner to reform our failed marijuana policies and provide a voice for Americans who have overwhelmingly voted for a more sensible drug policy.”
It’s institutions like NORML, the Cannabis Caucus, and most importantly, your efforts as part of the democratic process that will prevent the rollback of progress in marijuana legalization. Don’t stop calling your members of Congress and getting involved locally. Do not accept this as a new normal. This is not normal. Smoking pot is NORML.