For marijuana activists in states with legal marijuana, the strategy quickly moves from legalization to normalization, but for some communities like Ferndale, California, the stigma remains. For months, organizers of the Humboldt County Cup and the Ferndale Police Department have gone back and forth over the decision to host their event at the Humboldt County Fairgrounds. Citing past complaints from the community and concerns about the reggae music that was to be played during the event, local law enforcement never specified what laws, if any, would be violated.
“Smith-Caggiano — who is the executive director of the Humboldt County chapter of the National Organization for the Reform of Marijuana Laws — said the Ferndale Police Department never cited any legal codes to back up their concerns despite requests for them to do so.”
Regardless of receiving approval from the Humboldt County Fair Association, Mr. Smith-Caggiano was ultimately forced by the Ferndale Police Department to move the event location to the Mateel Community Center, located at 59 Rusk Lane, Redway, California 95560.
Now that 29 states have legalized medical marijuana, eight have legalized adult-use, and several others are considering legislation to legalize either adult-use or medical marijuana during the 2017 legislative session, it’s obvious that the end of marijuana prohibition is near. But that doesn’t mean the ongoing conflict between local, state and federal laws has become any less confusing.
Unfortunately for Ted Hicks and Ryan Mears, two marijuana farmers from Sacramento, California, this confusion lead to a military style raid and both men being charged with illegally cultivating marijuana, a misdemeanor, and conspiracy for planning “to commit sales of marijuana,” a felony.
“I told my 2-year-old son to stay upstairs,” said Mears, 35. “When I opened the security door, there were 15 cops with assault rifles drawn, pointed, with their fingers on the trigger, in vests, ski masks. They grabbed me and pulled me out front, put me in handcuffs. There were 20 to 30 officers. My son walked downstairs and my wife had to grab him. They had guns pulled on them. It was real painful.”
Regardless of spending several months working with local regulators to establish what they thought was the legal framework for their business, Big Red Farms, and being considered “shinning stars” for their diligence related to local licensing, Hicks and Mears found themselves at the business end of automatic weapons. A clear sign that they had become victims of the patchwork of marijuana laws adopted by local and state officials across California prior to the passage of Proposition 64.
If found guilty, both men could face up to one year in jail, and pay thousands of dollars in fines and court costs.
According to the Associated Press, voters in California have approved Proposition 64, the Adult Use of Marijuana Act. The AP’s final vote count is 56 to 44 percent.
“What California voters did tonight was not just approve the legalization and regulation of marijuana in their state, they also delivered a near fatal body blow to federal prohibition. This victory in California ensures another 12% of the United States population will wake up tomorrow in a state with the legalized adult use of marijuana. Combined with our other recent victories, federal prohibition is truly on its last legs and it is just a matter of time before federal policy is reformed to accept this new reality.” said Erik Altieri, NORML’s new Executive Director.
Proposition 64, The Adult Use Marijuana Act, permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrates) while also licensing commercial cannabis production and retail sales. (Medical cannabis patients are not subject to these limits.) The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative does not “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” Several other marijuana-related activities not legalized by the measure are reduced from felonies to misdemeanors. The law also provides for resentencing consideration for those found guilty of prior marijuana convictions.
“California has long been the largest domestic producer of marijuana in the United States, and cannabis commerce has long been a driver of the world’s sixth largest economy,” said NORML Deputy Director Paul Armentano. “Passage of Prop. 64 brings this massive underground market above ground for the first time so that these activities may be regulated and transparent, and will generate over a billion dollars of needed new tax revenue to state and local governments.”
The revised marijuana penalties take effect on November 9, 2016. Retail sales of marijuana by state-licensed establishments are scheduled to begin under the law on January 1, 2018. On site consumption is permitted under the law in establishments licensed for such activity. Large-scale corporate players are restricted from becoming involved until 2023.
You can read the full text of the initiative here. Congratulations California!
In less than five days, nine states will be voting on marijuana related ballot proposals potentially doubling the number of states that allow the recreational use of marijuana and expanding the therapeutic benefits of marijuana use to millions of Americans. Here’s where these measures stand in the latest polls.
Arizona: According to an October Arizona Republic/Morrison/Cronkite poll, 50 percent of registered voters in Arizona favor Proposition 205 and 42 percent oppose it. The Regulation and Taxation of Marijuana Act allows adults twenty-one years of age and older to possess and to privately consume and grow limited amounts of marijuana (up to one ounce of marijuana flower, up to five grams of marijuana concentrate, and/or the harvest from up to six plants); it creates a system in which licensed businesses can produce and sell marijuana; establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana; and provides local governments with the authority to regulate and limit marijuana businesses.
California: Arguably one of, if not the most important state this election to consider legalizing and regulating the adult use of marijuana is the golden state. Passage of the Proposition 64 would permit adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”
According to recent October polling by Survey USA, 54 percent of likely voters support Proposition 64 and the measure “now appears positioned to become law.” For more information on the ballot proposal, please visit the AUMA website.
Florida: Voters in Florida are getting their second chance at passing an expansive medical marijuana law this election day. In 2014, 58 percent of voters approved Amendment 2, however because state law requires a super-majority (60 percent of the vote) for constitutional amendments to pass, the amendment was narrowly rejected. It looks like this election will have different results though, with 71 percent of Floridians saying they will vote ‘yes’ on Amendment 2 according to an October poll by Saint Leo University. Passage of Amendment 2 would permit qualified patients to possess and obtain cannabis from state-licensed facilities.
Maine: Hoping to bring legal recreational marijuana use for adults to the east coast, Maine is another exciting state to watch in the upcoming election. If enacted by voters in November, Question 1 or the Campaign to Regulate Marijuana Like Alcohol Act would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use. The measure would also establish licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent sales tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.
Among likely voters, support for Question 1 leads by a margin of 50 percent to 41 percent, according to an October UNH Survey Center poll.
Montana: Voters in Montana are also faced with an important marijuana related ballot decision this election day with Initiative 182. I-182 expands the state’s medical cannabis law by repealing the limit of three patients for each licensed provider, and by allowing providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. I-182 removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state. However, the measure is presently trailing in the polls. According to an October poll, commissioned by Lee Newspapers, 44 percent of voters approve of the measure while 51 percent are against it.
Nevada: Nevadans will also be facing the decision on whether or not to legalize the adult use and regulation of marijuana on Tuesday. Question 2, if passed, would permit adults to possess and grow personal use quantities of cannabis (up to one ounce and/or six plants) for non-commercial purposes. The measure also regulates and taxes the commercial production and retail sale of cannabis. It states, “The People of the State of Nevada find and declare that the use of marijuana should be legal for persons 21 years of age or older, and its cultivation and sale should be regulated similar to other businesses.” According to an October poll commissioned by the Las Vegas Review-Journal, voters favor the measure by a margin of 47 percent to 43 percent.
Massachusetts voters appear poised to enact Question 4, which allows adults 21 years of age and older to possess up to one ounce of marijuana outside of their residences and up to 10 ounces of marijuana in an enclosed, locked space within their residences. A just-released Western New England University Polling Institute survey finds the measure leading 61 percent to 34 percent.
Recent polling from Arkansas finds voters narrowly approving Issue 6 to regulate the use of medicinal marijuana by qualified patients, while no current polling is available regarding the passage of a similar measure in North Dakota.
For a summary on all pending ballot proposals, as well as to see the latest videos from each of the campaigns, visit our Election 2016 page.
Do you have election night plans? If you want to follow all of the marijuana ballot proposals being voted on check back in with us on our homepage Tuesday evening where we will be LIVE updating the results as they come in! We’ve teamed up with our friends over at cannabisradio.com to stream their live election night coverage as well and we hope you’ll join us!
NORML released our updated and revised 2016 Congressional Scorecard this week in conjunction with National Voter Registration Day. The Scorecard is an all-encompassing database that assigns a letter grade ‘A’ through ‘F’ to members of Congress based on their marijuana-related comments and voting records.
With the 2016 presidential election drawing closer and statewide marijuana initiatives qualified for the ballot in nine states, we need YOU to make it out to the polls to support ending cannabis prohibition. Double-check your status as a voter and encourage your friends and family to do the same. Take a look at how we graded your members of Congress and bring that information with you to the polls on Election Day!
Federal: Members of Congress have approved a short-term spending bill that keeps in place existing provisions protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. The amendment, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” Federal lawmakers will revisit the FY 2017 spending appropriation after the Election.
California: On Tuesday, the California Nurses Association/National Nurses United, the nation’s largest state organization of nurses, announced that it has endorsed Proposition 64, the Adult Use of Marijuana Act.
Deborah Burger, President of the California Nurses Association/NNU said, “California Nurses believe strongly that the prohibition and criminalization of marijuana has ruined generations of lives, wasted hundreds of millions of taxpayer of dollars and failed to protect the public health and safety. California needs a new approach and Proposition 64 is carefully crafted to strictly regulate adult-use marijuana while funding critical youth programs and safeguarding children, workers and local communities.”
Proposition 64 permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”
The California Nurses Association joins the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the California League of Conservative Voters, Equality California, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML in its support for Proposition 64.
If enacted by voters in November, Question 1 would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use. The measure would also establish licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent sales tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.
Massachusetts: A new WBZ-TV/UMass Amherst poll finds that a majority of voters back Question 4: The Regulation and Taxation of Marijuana Act. The measure leads in the poll by a 53 percent to 40 percent margin.
If enacted, Question 4 allows adults 21 years of age and older to possess up to one ounce of marijuana outside of their residences and up to 10 ounces of marijuana in an enclosed, locked space within their residences, which mimics the current in-residence allowance established by the Massachusetts Department of Public Health for medical marijuana patients. It allows adults 21 years of age and older to grow up to six marijuana plants in an enclosed, locked space within their residences and possess the marijuana produced by those plants in the location where it was grown.
Tennessee: Members of the Memphis City Council are following in the footsteps of the Nashville Metro Council by approving a local ordinance to provide local police the discretion to issue $50 citations for those who possess up to a half-ounce of marijuana. Under state law, the possession of small amounts of cannabis is classified as a criminal misdemeanor, punishable by up to one year in jail and a criminal record. Council members approved the ordinance last week in it’s second reading, with the third and final reading taking place October 4th. If you live in Memphis, consider contacting your member of City Council to urge their support for this common sense measure.