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Alaska

  • by Allen St. Pierre, Former NORML Executive Director February 2, 2015

    Need another prime example of cannabis prohibition coming to pass in these United States? Look no further than the states of Alaska and Oregon where the voters have ended cannabis prohibition and instead replaced the failed prohibition with tax-n-regulate policies, both states are canceling the use (and expense) of maintaining and employing cannabis sniffing canines.pot_civil_rights

    Up next in states that have jettisoned cannabis prohibition: Canceling law enforcement overflights looking for once illegal cannabis plants.

     

     

  • by Paul Armentano, NORML Deputy Director December 30, 2014

    2014: The Year In Review - NORML's Top 10 Events That Shaped Marijuana PolicyNORML reviews the top news stories of 2014.

    #1 Marijuana Legalization Measures Win Big On Election Day
    Voters in Oregon and Alaska decided on Election Day in favor of statewide initiatives legalizing the commercial production and sale of marijuana for adults, while voters in the nation’s capitol and in numerous other cities nationwide similarly decided on local measures to eliminate marijuana possession penalties.

    #2 Colorado And Washington Begin Regulating Retail Marijuana Sales
    Two states, Colorado and Washington, initiated retail marijuana sales in 2014. Colorado’s program began on January 1. In Washington, state-licensed retail outlets began legally selling cannabis to adults in July.

    #3 Congress Enacts Measure Protecting State-Sponsored Medi-Pot Programs
    President Barack Obama signed spending legislation into law in December that included a provision limiting the Justice Department’s ability to take criminal action against state-licensed individuals or operations that are acting in full compliance with the medical marijuana laws of their states. The amendment states, “None of the funds made available in this act to the Department of Justice may be used … to prevent … states … from implementing their own state laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”

    #4 Congress Moves To Permit State-Sanctioned Hemp Cultivation
    Federal lawmakers approved legislation in February permitting state-sponsored hemp cultivation to move forward despite the plant’s federal status as a Schedule I prohibited substance.

    #5 Federal Judge Hears Challenge To Cannabis’ Schedule I Status
    United States District Judge Kimberly Mueller heard five days of testimony in October in regard to the constitutionality of marijuana’s Schedule I status under federal law. Defense counsel and their experts argued that the scientific literature is not supportive of the plant’s present categorization. Judge Mueller is expected to make her ruling in early 2015.

    #6 JAMA: Fewer Opiate-Related Deaths In Medical Marijuana States
    The enactment of statewide medicinal marijuana laws is associated with significantly lower state-level opioid overdose mortality rates, according to data published in August in JAMA Internal Medicine. Researchers reported, “States with medical cannabis laws had a 24.8 percent lower mean annual opioid overdose mortality rate compared with states without medical cannabis laws.”

    #7 President Acknowledges That Booze Is More Harmful Than Marijuana
    Consuming cannabis is less harmful to the individual than is drinking alcohol, President Barack Obama acknowledged in January in an interview with The New Yorker. “I don’t think it (marijuana) is more dangerous than alcohol,” he stated. He added, [W]e should not be locking up kids or individual users for long stretches of jail time.”

    #8 Study: Medical Marijuana States Have Fewer Violent Crimes
    Medicinal cannabis laws are not associated with any rise in statewide criminal activity, according to data published in April in the journal PLoS ONE. “Medical marijuana laws were not found to have a crime exacerbating effect on any of the seven crime types. On the contrary, our findings indicated that MML precedes a reduction in homicide and assault,” authors concluded. “In sum, these findings run counter to arguments suggesting the legalization of marijuana for medical purposes poses a danger to public health in terms of exposure to violent crime and property crimes.”

    #9 NYT Editors Opine In Favor Of Legalizing Cannabis
    The New York Times editorial board in July called upon federal lawmakers to end the criminalization of cannabis for those over the age of 21. The paper’s editors opined: “The federal government should repeal the ban on marijuana. … Moderate use of marijuana does not appear to pose a risk for otherwise healthy adults. … [W]e believe that on every level, … the balance falls squarely on the side of national legalization.”

    #10 Americans Say Marijuana Is Less Harmful To Health Than Sugar
    Americans believe that consuming cannabis poses less harm to health than does the consumption of tobacco, alcohol, or sugar, according to the findings of a Wall Street Journal/NBC News poll released in March. Respondents were asked which of the four substances they believed to be “most harmful to a person’s overall health.” Most respondents said tobacco (49 percent), followed by alcohol (24 percent) and sugar (15 percent).

  • by Paul Armentano, NORML Deputy Director November 5, 2014

    Oregon and Alaska legalized and regulated the commercial production and sale of marijuana for adults, while voters residing in the nation’s capitol and in numerous other cities nationwide similarly decided this Election Day to eliminate marijuana possession penalties.

    Voters in two states decided in favor of a pair of statewide measures to regulate the commercial production, retail sale, and personal use of marijuana by adults. Alaska and Oregon are the third and fourth states to enact regulations on the licensed production and sale of cannabis, joining Colorado and Washington. All four states have enacted their marijuana legalization laws via voter initiative.

    Commenting on the new laws’ passage, NORML Deputy Director Paul Armentano said: “The majority of voters in these states, like a majority of voters nationwide, agree that a pragmatic regulatory framework that allows for the legal, licensed commercial production and retail sale of cannabis to adults best reduces the risks associated with the plant’s use or potential abuse. Elected officials in Alaska, Oregon, and elsewhere should welcome the opportunity to bring these common sense and long overdue regulatory controls to the commercial cannabis market.”

    Under the new Oregon proposal (Measure 91), adults who engage in the non-commercial cultivation of limited amounts of cannabis for personal use (up to four marijuana plants and eight ounces of usable marijuana at a given time) will not be subject to taxation or commercial regulations. Imposition of the new law will not “amend or affect in any way the function, duties, and powers of the Oregon Health Authority under the Oregon Medical Marijuana Act.” The legalization measure takes effect on July 1, 2015.

    Under the Alaska measure (Ballot Measure 2), the adult possession of up to one ounce of cannabis as well as the cultivation of up to six-plants for personal consumption will be legal and untaxed. Commercial production and retail sales of cannabis will be subject to licensing and taxation. Since 1975, Alaskans have enjoyed personal privacy protections allowing for the possession and cultivation of small quantities of cannabis. However, state law has never before permitted a legal market for marijuana production and sales. The initiative becomes law 90 days after the election is certified, which is expected to be in late November.

    Some 56 percent of Oregon voters backed Measure 91 while 52 percent of Alaskans endorsed Measure 2.

    In California, nearly 60 percent of voters backed Proposition 47, which defelonizes simple drug possession crimes, such as the possession of hashish. Under the measure, Californians with felony records for certain marijuana possession offenses will also be eligible to have their records expunged. Those serving time for felony drug offenses will also be able to petition for resentencing.

    In the US territory Guam , 56 percent of voters decided in favor of Proposal 14A, the Compassionate Cannabis Use Act. The new law directs “the Department of Public Health and Social Services to regulate the use of marijuana as treatment for medical conditions.” The Department has up to nine months to provide rules for the territory’s medical marijuana program.

    By contrast, a proposed Florida amendment (Amendment 2) fell shy of the 60 percent support threshold necessary in that state to amend the state’s constitution. Fifty-eight percent of Florida voters endorsed the measure, including supermajorities in most every age group except for those voters age 65 and older. Said NORML’s Deputy Director: “This vote wasn’t a rejection of medical marijuana in Florida, but rather an affirmation that most Floridians want patient access to cannabis therapy. NORML hopes that the Florida lawmakers will hear this message loud and clear and take action in 2015 on behalf of the will of the majority of the electorate.”

    Municipal voters overwhelmingly decided in favor of depenalizing cannabis on Election Day. In Washington, DC, some 70 percent of District voters approved Initiative 71, which removes criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants. Adults who engage in not-for-profit transactions of small quantities of cannabis or who possess marijuana-related paraphernalia are also no longer be subject to penalty under this act.

    Unlike legalization measures in Alaska, Colorado, Oregon, and Washington, I-71 does not establish a regulatory framework for the regulation of a commercial cannabis market. However, members of the DC City Council are currently considering separate legislation to regulate the commercial production and sale of marijuana to adults. (Because Washington, DC does not possess statehood, all District laws are subject to Congressional approval prior to their implementation.)

    Voters in several Michigan cities, including Saginaw (population 51,000), Port Huron (30,000), and Berkley (15,000) also decided in favor of local ballot measures depenalizing offenses involving the adult possession of up to one ounce of marijuana. Michigan lawmakers are anticipated to debate a statewide decriminalization proposal in 2015.

    Likewise, voters in South Portland, Maine approved a municipal ordinance eliminating local penalties in regard to the adult possession of up to one ounce of cannabis. Voters in Lewiston, Maine rejected a similar measure.

    In New Mexico, voters in Bernalillo and Santa Fe counties decided in favor of advisory questions in support of the decriminalization of one ounce or less of marijuana at a city, county and state level. Bernalillo and Santa Fe counties represent a third of the state’s population.

    Finally, in Massachusetts, voters in several state representative districts voted in favor of various nonbinding public policy questions calling on state officials to legalize and regulate cannabis-related commerce.

  • by Paul Armentano, NORML Deputy Director April 22, 2014

    Alaska voters will decide this November on a proposed initiative to regulate the production and retail sale of cannabis to adults.

    Although the measure was initially scheduled to go before voters during the state’s primary election in August, state officials this week decided to push back the vote to the November general election. The postponement was required because lawmakers failed to adjourn this year’s legislative session within 90 days, the standard time allotted under state rules. Under Alaska law, ballot initiatives must go to voters no less than 120 days after the end of that year’s legislative session.

    If enacted by voters this November, the ballot measure would legalize the adult possession of up to one ounce of cannabis as well as the cultivation of up to six-plants (three flowering) for personal consumption. It would also allow for the establishment of licensed, commercial cannabis production and retail sales of marijuana and marijuana-infused products to those over the age of 21. Commercial production and retail sales of cannabis would be subject to taxation, but no taxes would be imposed upon those who choose to engage in non-commercial activities (e.g., growing small quantities of marijuana for personal use and/or engaging in not-for-profit transfers of limited quantities of cannabis.) Public consumption of cannabis would be subject to a civil fine.

    The measure neither amends the state’s existing medical marijuana law, which was approved by voters in 1998, nor does it diminish any privacy rights established by the state’s Supreme Court in its 1975 ruling Ravin v State.

    Under present state law, the possession of marijuana not in one’s residence is classified as a criminal misdemeanor punishable by up to 90-days in jail and a $2,000 fine.

    According to the results of a statewide Public Policy Polling survey, released in February, 55 percent of registered voters “think (that) marijuana should be legally allowed for recreational use, that stores should be allowed to sell it, and that its sales should be taxed and regulated similarly to alcohol.” Only 39 percent of respondents oppose the idea. The survey possesses a margin of error of +/- 3.4 percent.

    If enacted, Alaska will be the third US state to regulate the legal retail production and sale of cannabis to adults.

    Also this November, voters in Florida will decide on a constitutional amendment to allow for the physician-approved use and retail distribution of cannabis for medical purposes.

  • by Paul Armentano, NORML Deputy Director March 25, 2014

    Marijuana-related initiatives are likely to increase voter turnout, according to polling data released by George Washington University.

    Nearly four out of ten participants in the nationwide survey said that they would be “much more likely” to go to the polls if an initiative seeking to legalize marijuana appeared on the ballot. An additional 30 percent of respondents said that they would be “somewhat” more likely to participate in an election that also included a marijuana-specific ballot measure.

    Presently, two statewide cannabis reform measures have qualified to appear on the 2014 ballot. Alaska voters will decide whether to allow for the commercial production, retail sale, and use of cannabis by those over age 21. The measure will appear on the August 19 primary ballot. According to the results of a February Public Policy Polling survey, 55 percent of registered Alaska voters “think (that) marijuana should be legally allowed for recreational use, that stores should be allowed to sell it, and that its sales should be taxed and regulated similarly to alcohol.”

    Florida voters in November will decide on a measure to allow for the use and dispensing of marijuana by those who are authorized by their physician to engage in cannabis therapy. Survey data released in November by Quinnipiac University reported that 82 percent of Florida voters support reforming state law to allow for the medicinal use of marijuana.

    Several proposed ballot measures to regulate the production and sale of marijuana for adults also are pending in Oregon. All of these measures are still in the signature-gathering phase.

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