NORML’s Weekly Legislative Round Up

January 2012 marks the beginning of a new legislative session in all 50 states. Already, marijuana law reform legislation is pending (or has been pre-filed) in over a dozen states. To keep up to date with what’s pending, and how you can support marijuana-friendly reform measures in your state, please visit NORML’s ‘Take Action Center’ here.

You can also stay abreast of 2012 statewide ballot initiative efforts, such as those ongoing in Colorado and elsewhere, via NORML’s Legalize 2012 Facebook page here.

Below is this week’s edition of NORML’s Weekly Legislative Round Up — where we spotlight specific examples of pending marijuana law reform legislation from around the country.

** A note to first time readers: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so. NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and to make the changes they want to see. Get active; get NORML!

ALABAMA: The Michael Phillips Compassionate Care Act (HB 25) which seeks to enact legal protections for authorized medical marijuana patients, has been marked for reintroduction in the Alabama Legislature for the session starting on February 7th. It is currently assigned to the House Committee on Health. A separate medical cannabis bill, House Bill 66, has also been prefiled in the House and is also before to the House Committee on Health, while a third measure that seeks to reduce penalties on adult cannabis possession is anticipated to be introduced shortly. You can learn more about these efforts via NORML’s ‘Take Action Center’ here.

INDIANA: Senate lawmakers heard testimony on Tuesday, January 24, in favor of legislation, SB 347, to decriminalize marijuana possession penalties in Indiana. Lawmakers on Senate Committee on Corrections, Criminal, and Civil Matters did not vote on the measure. Therefore, there is still time for constituents to contact their Senate members and encourage them to support marijuana law reform. You can do so via NORML’s ‘Take Action Center’ here. A separate House measure, HB 1370, that seeks to legalize the use of cannabis for medicinal purposes, is pending before the House Committee on Public Policy.

KANSAS: House Bill 2330, which seeks to enact legal protections for authorized medical marijuana patients, was heard by the House Committee on Health and Human Services on Tuesday, January 24th. You can read media coverage of the hearing here and here. You can track the progress of this measure and contact your state elected officials regarding HB 2330 here.

NEW HAMPSHIRE: Members of the House Criminal Justice Committee heard testimony on Thursday, January 25, in favor of House Bill 1705, which seeks to allow adults age 21 or over to use marijuana legally in their home. The measure also seeks to establish a regulated cannabis market governing the wholesale production and sale of marijuana. Non-commercial transactions involving less than one ounce of cannabis would not be subject to state taxation or regulation under the measure. You can watch clips from the hearing here and you can contact your elected officials in support of the measure here.

The House Criminal Justice Committee is also scheduled to hear testimony this Thursday in favor of separate legislation, HB 1526, which seeks reduce the penalties on minor marijuana possession offenses (up to one ounce) from a criminal misdemeanor punishable by up to one year in jail and a $2,000 fine to a nominal monetary penalty of no more than $100.00. To contact your House representative regarding HB 1526, please visit NORML’s ‘Take Action Center’ here.

VIRGINIA: Legislation seeking to establish a joint study committee to investigate the fiscal impact of regulating the production and sale of marijuana to adults 21 and over is anticipated to be heard by the Virginia House Committee on Rules as soon as this Thursday. You can read NORML’s published op/eds in support of this measure here and here. To learn more about House Joint Resolution 140, please visit Virginia NORML or contact your state officials here.

America’s Shameful Prohibition: Life Sentences For Marijuana

[Editor’s note: Kellen’s brief review of a new organization dedicated to bringing attention to the numerous life sentences in America for cannabis-only related offenses is apropos as a 35-year-old father of a young child was sentenced in Louisiana Thursday for life in a cannabis possession case (the life sentence was triggered by the state’s controversial ‘three strikes and you’re out’ mandatory minimum sentences).

Regrettably, and discernibly, the greater south of the United States is the hotbed for these kind of insanely long prison sentences for supposedly criminal acts that many citizens in fact no longer believe are crimes whatsoever.

A new interactive map from the Sentencing Project aptly demonstrates that deep southern states like Florida, Georgia, Mississippi, Alabama, Louisiana and Texas have the highest prison incarceration rates not only in America, but the world.]

By Kellen Russoniello, George Washington Law School student, NORML legal intern

To many of us, the idea of anyone spending life in prison for a nonviolent marijuana offense is absolutely ridiculous. Yet with the recent passage of a bill in the Oklahoma State Legislature making the manufacture of hash punishable by life imprisonment, it is clear that life sentences for nonviolent marijuana offenders do exist.  In fact, a new website is drawing attention to this issue and has identified several people who are currently serving life sentences for nonviolent marijuana offenses.

LifeforPot.com focuses on finding individuals who have been sentenced to life imprisonment without the possibility of parole for federal nonviolent marijuana only offenses.  Beth Curtis, the founder of the website, has identified eight people, each with a unique background and story of how they came to spend the rest of their lives in prison for nonviolent marijuana offenses.

Beth is very familiar with the subject: the first individual listed is John Knock, her brother. Since 2000, John has been serving two life sentences plus twenty years for his connection to a conspiracy to import multiple tons of marijuana and hashish from Pakistan and Lebanon into the United States and Canada, a sentence that Beth believes is the harshest ever for nonviolent marijuana crimes. When she talked to others about the severity of her brother’s sentence, she realized that people believed that nonviolent marijuana offenders could not receive such draconian sentences.

Despite having retired and living in Hawaii when law enforcement came knocking on John’s door he was extradited to Florida—a state that he’d never lived in or committed a crime. Instead, John was drawn into a sting operation because of his contacts with a San Francisco area smuggler who had been indicted. However, John was never seen by law enforcement committing any of the crimes he was convicted of, he was never found in possession of marijuana, and his prosecution rested only upon the testimony of informants. Criminal defense lawyers describe his as a ‘dry case’, and the full story is available at johnknock.com and grandmasmind.com

But how extraordinary is this sentence? Life for Pot lists some of the most famous drug kingpins and the sentences that they received, and it seems that John’s sentence was given special treatment. For example, “Freeway” Ricky Ross, the preeminent crack dealer of the Los Angeles area during the 1980s and early 90s was sentenced to life in 1996. His sentence was subsequently reduced to 20 years, and he was released in 2009. Manuel Felipe Salazar-Espinosa, deemed by the DEA to be one of the world’s most significant drug kingpins making up to $14 million in a week, was given 30 years for conspiracy to import cocaine into the United States and money laundering.

It is clear that there are differences in the sentencing of these individuals. Life for Pot seeks to identify and make others aware of these discrepancies. Beth notes that the creation of mandatory minimums at the federal level has resulted in the increase in power of the prosecutor to decide the sentence by choosing which charges to pursue. She specifically points out that the 11^th Circuit, which encompasses Alabama, Georgia, and Florida, has given 6 of the 8 life sentences identified for nonviolent marijuana only offenses.

So where does this effort go from here? Although Beth has already received some feedback from politicians, attorneys, activists, and journalists, she hopes to start an organization focused on this issue soon. In order to do this, she explains that she will need advisers to help out, as well as a strong coalition. The roots of this coalition have already begun to take hold, with organizations like the November Coalition, Drug Policy Alliance, and Families Against Mandatory Minimums providing support, as well as media attention from a Columbia, Missouri NPR affiliate and High Times Magazine.

Beth would also like to broaden the focus by included those serving de facto life sentences for nonviolent marijuana only offenses, including where older individuals are sentenced to long sentences (e.g., a 50 year old sentenced to 20 years).

State sentences are another area that Beth would like to examine. Sentence reform efforts can be very successful at the state level. In order to do this, however, more resources must be available.

A group petition for clemency is also in the works for those prisoners that have been identified as part of this effort.

“The solution is political,” Beth declared. Legislative action is the best way to address the problem of egregious sentencing disparities. An organization focused on this issue would therefore be heavily focused on reaching legislators. So far, Life for Pot has sent out several cards and letters to federal congressmen and agencies. Beth also noted that advocacy efforts for the legalization of marijuana at the national level must be bolstered.

In these times where some jurisdictions are locking up nonviolent marijuana offenders for life, it is good to hear that someone is bringing the inconsistency and irrationality of these practices to light.

If you know someone that is currently serving a federal life sentence without parole for a nonviolent marijuana only offense, or would be able to assist Beth in her efforts, please contact her at johnknock@johnknock.com.

NORML’s Weekly Legislative Round Up

Lots to report on this week, so let’s get right to it.

If you have not yet gotten active in your state, now is most definitely the time to start.

Here’s this week’s highlights of actions you can take right now to reform the laws in your state.

For a complete listing of statewide actions, please visit NORML’s Take Action Center here.

Decriminalizing Marijuana: In a historic vote, members of the Connecticut Joint Committee on Judiciary last week approved Senate Bill 349, which as amended, would mandate that the possession of up to one-half ounce of marijuana by those over 18 years of age is punishable by a ticket — not criminal charges. The bill now awaits action from he full Senate. Show your support for this effort by logging on here or by getting in touch with Connecticut NORML here.

In Texas, members of the House Committee on Criminal Jurisprudence will hear testimony on Wednesday in favor of House Bill 902 — an act to reduce the penalties for the possession of up to ounce of marijuana to fine-only offense. The hearing is scheduled for 2pm in room E-2028 in the State Capitol Building. If you live in Texas you can write your representative in support of HB 902 by going here. You can also leave a message for the Committee by going here. Full details on attending this week’s hearing are available from Texas NORML here.

Legalizing Medical Marijuana: Minnesota lawmakers continue to show their support for making medical cannabis legal. Senate File 97 is now before the Senate floor, and the House companion bill is also gaining momentum. If you reside in Minnesota and want to see it become the fourteenth state to legalize the physician-supervised use of cannabis, please visit here to contact your elected officials and the Governor’s office.

In Alabama, members of the House Judiciary Committee are scheduled to hear testimony this Wednesday in favor House Bill 434, The Michael Phillips Compassionate Care Act. If you live in Alabama you can contact your state officials here, and you can learn more about attending this week’s hearing from Alabamians for Compassionate Care here.

And since so many of you have asked: yes, medical marijuana legislation is coming to Pennsylvania. Over the past weeks, NORML state affiliates in Pennsylvania and New Jersey have been working closely with Pennsylvania Rep. Mark Cohen (D-Philadelphia) to draft legislation legalizing the authorized use of medical cannabis. Representative Cohen’s bill is anticipated to be formally introduced before the legislature later this month, and mainstream media outlets are already opining for its passage. For more information, or to become involved in this effort, please visit here, or contact the good folks at Philly NORML.

UPDATE: Montana GOP Kills Marijuana Law Reform: On March 23, members of the Montana House Judiciary Committee deadlocked 9 to 9 on House Bill 541, which sought to reclassify the possession of thirty grams or less of marijuana from a criminal misdemeanor to a civil infraction. Not one Republican voted in favor of the bill. An effort by supporters to raise the measure for reconsideration also failed.

Days later, members of the House Human Services Committee voted 8 to 8 on Friday, March 27, to table Senate Bill 326, which sought to expand Montana’s medical marijuana program. Once again, no Republicans endorsed the bill. A motion on the House floor to reconsider the bill failed 47 to 51.

More information on this disappointing news is available here. If you live in Montana, don’t just get angry — get involved!

To learn about additional pending legislation in California, Colorado, Hawaii, Illinois, Maine, Maryland, Massachusetts, Missouri, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, and Vermont, please visit NORML’s Legislative Action Alerts page here.

NORML’s Weekly Legislative Round Up

As I wrote on NORML’s blog yesterday, let the White House laugh for now but the public knows that the marijuana law reform issue is no laughing matter.

More states are moving forward to reduce or eliminate criminal penalties for marijuana offenses, and this week has been especially busy.

If you have not yet gotten active in your state, now is most definitely the time to start.

Here’s this week’s latest summary of how you can get involved!

Taxing & Regulating Marijuana: As we noted previously this week, a pair of bills — House Bill 2929 and Senate Bill 1801 — seeking to “tax and regulate the cannabis industry” have been introduced in the Massachusetts legislature. You can show your support for these measures here.

In California, next Tuesday’s scheduled hearing before the Public Safety Committee on Assembly Bill 390: The Marijuana Control, Regulation and Education Act, has been postponed. However, this is a good news! Members of the Committee on Public Safety and Health were anticipated to vote on AB 390 immediately following next week’s hearing. While it is impossible to know how the Committee would have voted, all early indications were that several powerful members of the Committee were expected to oppose the bill. We now have additional time to lobby the Public Safety Committee and the Assembly to support AB 390, which you can do here and here.

Decriminalizing Marijuana: Members of the Connecticut Joint Committee on Judiciary heard testimony this week from NORML and others in favor of Senate Bill 349, which seeks to reclassify the possession of minor amounts of marijuana from a misdemeanor to an infraction. This measure is backed by a solid majority of state voters, and you can urge the Judiciary Committee to support this effort here.

Members of the Rhode Island Senate Judiciary Committee also heard testimony in favor of a similar bill, Senate Bill 320. You can read about the hearing here, and voice your support by going here.

Finally in Montana, members of the House Judiciary Committee deadlocked in a 9 to 9 vote this week on House Bill 541, which seeks to reclassify the possession of thirty grams or less of marijuana from a criminal misdemeanor to a civil infraction. This action does not kill HB 541, as the Committee can reconsider the issue if just one member is persuaded to change their vote. Help them do so by going here.

Legalizing Medical Marijuana: In arguably the biggest legislative news of the week, members of the New Hampshire House of Representatives voted Wednesday 234 to 138 in favor of House Bill 648, which seeks to authorize the physician supervised use of marijuana. The vote marked the first time that either chamber of the legislature had voted in favor of the medicinal use of cannabis. You can learn more about this effort by going here and here.

In other progress, legislative committees in Illinois and Minnesota also approved medical marijuana bills this week. Key hearings and committee votes are also scheduled in the coming days in Montana and Alabama. You can learn how to support these and other statewide medical cannabis efforts at NORML’s Take Action Center here.

To learn about additional pending legislation in Colorado, Hawaii, Maine, Maryland, Missouri, New Jersey, Oregon, Pennsylvania, Tennessee, Texas, Vermont, and Washington, please visit NORML’s Legislative Action Alerts page here.

NORML’s Weekly Legislative Round Up

Below is this week’s summary of pending state legislation and tips to help you become involved in changing the laws in your state.

NEW HAMPSHIRE: On Tuesday, March 18, the House of Representatives will vote on House Bill 1623, which seeks to decriminalize marijuana possession. If you have not already done so, please contact your Representative and urge him or her to vote “yes” on HB 1623. Also, if you reside near the New Hampshire State House, you may wish to meet up with other local activists on Tuesday morning to watch the proceedings and show your support for sensible marijuana law reform.

RHODE ISLAND: Legislation seeking to authorize non-profit organizations to provide medical cannabis to state qualified patients was introduced in Rhode Island House and Senate. If passed, this first-of-its-kind law would provide patients with a regulated, legal market for medical marijuana. To learn how you can support this effort, please click here and here.

ALABAMA: Legislation seeking to make Alabama the thirteenth state to allow for the legal medical use of cannabis was introduced this week and referred to the House Judiciary Committee. If enacted, House Bill 679 (aka The Michael Phillips Compassionate Care Act) would allow patients with a doctor’s recommendation to grow up to 12 plants or possess up to 2.5 ounces of therapeutic cannabis. To get involved in supporting this bill, please visit NORML’s Take Action Center here.

ILLINOIS: A legislative subcommittee voted 5 to 5 this week to table a bill that sought to grant police the option of citing minor marijuana offenders rather than arresting them. A separate House committee also voted down legislation this week that sought to establish a statewide medical marijuana program. The Senate version of this bill is expected to go before the Illinois Senate in April. To help support this effort, please click here.