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California

  • by Paul Armentano, NORML Deputy Director August 18, 2016

    Legalize marijuanaApproximately two in three California voters support the establishment of a state-regulated retail market for the sale of marijuana to adults, according to polling data compiled by the Institute of Government Studies at the University of California, Berkeley.

    Sixty-four percent of respondents agree, “Marijuana should be legal for adults to purchase and use recreationally, with government regulations similar to the regulation of alcohol.”

    Support is strongest among those between the ages 18 to 24 (75 percent), Democrats (74 percent), African Americans (72 percent), those between the ages of 25 to 34 (71 percent), and Latino voters (69 percent). Among voters over 65 years of age, 58 percent back legalization.

    The polling data bodes well for the passage of California’s Proposition 64 this November. The statewide initiative 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.” Proposition 64 is endorsed by the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML.

    Voters in Arizona, Maine, Massachusetts, and Nevada will similarly decide on adult use measures in November. Voters in Arkansas, Florida, Missouri, Montana, and North Dakota are expected to also decide on medical use measures this fall.

    A summary of 2016 statewide ballot measures and their status is online here.

  • by Danielle Keane, NORML Political Director July 19, 2016

    ballot_box_leafWe’ve said it before and we’ll say it again: 2016 is set to be a monumental year for marijuana law reform. There are currently nine pending ballot initiatives to either legalize adult marijuana use or to legalize the use of medical marijuana for qualifying medical conditions. The country could double the number of states that allow the recreational use of marijuana and could potentially expand the therapeutic benefits of marijuana use to millions of Americans come November.

    Find below a summary of each of these pending initiatives, links to the campaign websites and to the initiative texts so you can be an informed voter this November. (A Michigan social use initiative effort is in litigation and is not included in the summary below.)

    Arizona
    Name: Arizona Regulation and Taxation of Marijuana Act
    Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
    Proponents: The Campaign to Regulate Marijuana Like Alcohol (Marijuana Policy Project)
    Website: Regulate Marijuana Like AlcoholInitiative Language
    Summary: 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; 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.


    Arkansas
    Name: The 2016 Arkansas Medical Cannabis Act
    Ballot Number: N/A
    Proponents: Arkansans for Compassionate Care
    Website: The Arkansas Medical Cannabis ActInitiative Language
    Summary: The 2016 Arkansas Medical Cannabis Act establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to obtain a ‘hardship certificate’ in order to cultivate their own medicine at home. A similar initiative narrowly failed in the state in 2012, garnering over 48 percent of the vote.


    California
    Name: Adult Use of Marijuana Act
    Ballot Number: Proposition 64
    Proponents: Let’s Get It Right CA
    Website: Yes on Prop 64Initiative Language
    Summary: Passage of the measure 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.” The AUMA is endorsed by the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML. Sixty percent of likely California voters say that they intend to vote for the initiative this fall, according to a February 2016 Probolsky Research poll.


    Florida
    Name: Use of Marijuana For Debilitating Conditions
    Ballot Number: Amendment 2
    Proponents: United For Care
    Website: United For CareInitiative Language
    Summary: Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities. According to a recent statewide poll, 68 percent of Florida voters say that they support the passage of the amendment. According to Florida law, 60 percent of voters must approve a constitutional amendment in order for it to become law. In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.


    Maine
    Name: Marijuana Legalization Act
    Ballot Number: Question 1
    Proponents: Campaign to Regulate Marijuana Like Alcohol
    Website: Regulate MaineInitiative Language
    Summary: If enacted by voters in November, the measure 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
    Name: Marijuana Legalization Initiative
    Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
    Proponents: The Campaign to Regulate Marijuana Like Alcohol in Massachusetts
    Website: Regulate Marijuana Like AlcoholInitiative Language
    Summary: The initiative 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.


    Missouri
    Name: New Approach Missouri
    Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
    Proponents: New Approach Missouri
    Website: New Approach MissouriInitiative Language
    Summary: The initiative creates a statewide system for production and sale of medical cannabis and medical cannabis products. It also provides for limited and regulated patient cultivation. The initiative levies a four percent retail tax, and all revenue in excess of the cost of regulating the medical cannabis program will go to help Missouri’s veterans. The initiative maintains the current prohibition on public use and driving under the influence. It also allows the Department of Health and Senior Services to institute a seed-to-sale tracking system to ensure that the product and money do not reach the illicit market. The initiative puts the Missouri Department of Health and Senior Services in charge of licensing and implementation, but also allows the department to contract with other state agencies when necessary for effective and efficient regulation. Sixty-two percent of registered voters voice support for the measure, according to survey data compiled by Public Policy Polling.


    Montana
    Name: Montana Medical Marijuana Initiative
    Ballot Number: I-182
    Proponents: Montana Citizens for I-182
    Website: YesOn182Initiative Language
    Summary: I-182 repeals the limit of three patients for each licensed provider, and allows 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.


    Nevada
    Name: Nevada Marijuana Legalization Initiative
    Ballot Number: Question 2
    Proponents: Coalition to Regulate Marijuana Like Alcohol in Nevada
    Website: Regulate Marijuana Like Alcohol in NevadaInitiative Language
    Summary: The ballot language permits 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.”

  • by Danielle Keane, NORML Political Director July 8, 2016

    take_actionAdult use legalization initiatives in Arizona, California and Massachusetts are moving forward and Illinois has expanded its medical marijuana program. Keep reading to get the latest news and to find out how you can #TakeAction.

    Federal:
    On Wednesday, July 13th the US Senate Judiciary Subcommittee on Crime and Terrorism is holding a hearing titled, “Researching the Potential Medical Benefits and Risks of Marijuana.” The Congressional hearing follows the recent introduction of House Bill 5549 and Senate Bill 3077 – which would expedite the federal review process for clinical protocols involving cannabis. Contact your federal lawmakers today to encourage them to support this common sense legislation. #TakeAction

    State:

    Arkansas: The Secretary of State’s office affirmed on Thursday that proponents, Arkansans for Compassionate Care, submitted sufficient signatures from registered voters to qualify the measure for the November ballot. The 2016 Arkansas Medical Cannabis Act establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to obtain a ‘hardship certificate’ in order to cultivate their own medicine at home. A similar initiative narrowly failed in the state in 2012, garnering over 48 percent of the vote.

    California: It was announced this week that the Adult Use of Marijuana Act (AUMA) initiative will appear on the ballot as Proposition 64. This pending proposal, if approved by the voters, will permit adults to legally cultivate up to six marijuana plants and to possess up to an ounce of marijuana or eight grams of marijuana concentrates; and it will license the commercial cultivation and retail sales of marijuana products to adults. The measure prohibits localities from preventing responsible adults from possessing and cultivating cannabis for non-commercial purposes in the privacy of their own homes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” You can read more about the proposal here.

    Georgia: Members of the Clarkston City Council voted this week in to approve an ordinance reducing the penalties for simple possession of an ounce or less of marijuana. The amendment makes simple possession a citable rather than an arrestable offense, punishable by a $75 fine. Mario Williams, Public Safety Committee chairman said, “It is a proven fact that arresting people … for simple possession of an ounce or less of marijuana has damaging effects long-term and short-term on their lives and that’s why we took a step forward and mitigated those effects today.”

    cannabis_pillsIllinois: Governor Bruce Rauner signed legislation to expand and extend the state’s medical marijuana program to 2020. Legislation initiating the program was set to expire in 2018. Other changes to the program include adding post-traumatic stress and any terminal illness as qualifying medical conditions; extending the lifespan of state-issued registry cards from one year to three years in duration; and amending the requirement that physicians must explicitly recommend cannabis therapy. Instead, physicians will only be required to certify that there exists a bona fide doctor-patient relationship and that the patient possesses a qualifying, debilitating medical condition.

    These new changes in law took effect upon the Governor’s signature.

    Massachusetts: Proponents of a statewide marijuana legalization initiative effort moved one step closer this week to qualifying for the ballot in November. On Tuesday the Campaign to Regulate Marijuana Like Alcohol turned in more than 25,000 additional signatures from registered voters to the Secretary of State’s office. The state required an additional 10,792 signatures. Proponents this week also gained a legal victory from the state’s Supreme Court, which rejected a challenge that sought to remove the language from the state’s ballot.

    Pennsylvania: Members of the Harrisburg City Council this week voted unanimously in favor of a municipal ordinance to reduce penalties associated with the possession of small amounts of marijuana. The measure reclassifies cannabis possession as a summary offense punishable by a $5 fine. Pennsylvania’s capital city now joins Philadelphia and Pittsburgh in treating minor marijuana possession offenses similar to a traffic citation.

  • by Paul Armentano, NORML Deputy Director June 29, 2016

    personal_cultivationCalifornia voters will decide this November on a statewide initiative to legalize and regulate the adult use and sale of cannabis.

    The Secretary of State’s office confirmed yesterday that proponents of the measure, The Adult Use Marijuana Act, collected over 600,000 signatures from registered voters to place the initiative on the ballot.

    Passage of the Act 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 preventing responsible adults from possessing and cultivating cannabis for non-commercial purposes in the privacy of their own homes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”

    Sixty percent of likely California voters say that they intend to vote for the initiative this fall, according to a February 2016 Probolsky Research poll.

    The AUMA is endorsed by a host of statewide and national organizations, including the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML.

    California is one of several states where voters will be going to the polls in November to decide on statewide marijuana law reform measures. Separate legalization measures have either qualified for the ballot or are anticipated to appear on the ballot in Arkansas (medical), Arizona, Florida (medical), Maine, Massachusetts, Missouri (medical), and Nevada. A Michigan legalization initiative effort is presently in litigation.

  • by Danielle Keane, NORML Political Director June 24, 2016

    ballot_box_leafThis has been an exceptionally busy week at the state and federal level for marijuana law reform. Keep reading to get the latest news and to find out how you can #TakeAction.

    Federal:

    A bipartisan coalition of House and Senate lawmakers have proposed legislation, the Medical Marijuana Research Act of 2016, to expedite clinical investigations into the safety and efficacy of cannabis. Passage of the measures — House Bill 5549 and Senate Bill 3077 — would expedite federal reviews of clinical protocols involving cannabis, provide greater access to scientists who wish to study the drug, and mandate an FDA review of the relevant science. #TakeAction

    State:

    Arkansas: Representatives of the group Arkansas for Compassionate Care turned in over 100,000 signatures from registered voters this week in hopes of qualifying the 2016 Arkansas Medical Cannabis Act for the November ballot. The proposed initiative establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions – including ADHD, intractable pain, migraine, or post-traumatic stress – may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to cultivate their own medicine at home.

    In 2012, 51 percent of voters narrowly rejected a similar statewide initiative, known as Measure 5. However, recent polling shows that support has increased dramatically since then, with 84 percent of registered Arkansas voters agreeing that “adults should be legally allowed to use marijuana for medical purposes.”

    For more information on the campaign, please visit Arkansans for Compassionate Care.

    California: Both the American Civil Liberties Union of California and the California Democratic Party have publicly endorsed the Adult Use of Marijuana Act (AUMA). The initiative, which is expected to appear on the November ballot, 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 possession and cultivate cannabis for non-commercial purposes.

    oil_bottlesDelaware: House lawmakers have overwhelmingly approved legislation, SB 181, to permit designated caregivers to possess and administer non-smoked medical marijuana formulations (e.g. oils/extracts) to qualifying patients “in a school bus and on the grounds or property of the preschool, or primary or secondary school in which a minor qualifying patient is enrolled.” Senate lawmakers previously approved the bill on June 9th.

    Gov. Jack Markell, D-Delaware, is expected to sign the legislation into law. The measure will take effect upon the Governor’s signature. To date, two other states — Colorado and New Jersey — impose similar legislation.

    Florida: Elected officials of yet another Florida county have voted to provide local law enforcement with the option to cite rather than arrest minor marijuana possession offenders. Osceola County commissioners passed the ordinance on Tuesday. The new ordinance is similar to those recently passed in Orlando, Tampa, Volusia County, Palm Beach County, Broward County, West Palm Beach, Key West, Hallandale, Miami Beach and Miami-Dade county.

    New Jersey: Legislation to add PTSD to the list of qualifying conditions eligible for medical marijuana is moving forward through state legislature.

    Members of the Assembly approved the legislation in a 56 to 13 vote on June 16th. On the same day, members of the Senate Health, Human Services and Senior Citizens Committee approved an identical measure, Senate Bill 2345, in a 6 to 3 vote. Thirteen states already allow PTSD patients to access medical marijuana including Delaware, Maryland, and Pennsylvania.
    The measure now awaits a vote by the full Senate. #TakeAction

    New York: Legislation has been approved to facilitate the processing and sale of hemp and locally produced hemp products. The measures, A 9310 and S 6960, expand upon New York’s existing hemp research program to permit for the sale, distribution, transportation and processing of industrial hemp and products derived from such hemp. Under existing law, licensed farmers are only permitted to engage in the cultivation of hemp for research purposes as part of an academic program.

    Both chambers have approved the legislation so now it awaits a signature from Governor Andrew Cuomo.#TakeAction

    Rhode Island: House and Senate lawmakers approved House Bill 7142, legislation to permit post-traumatic stress patients to be eligible for medical cannabis treatment and to accelerate access to those patients in hospice care. Members of both chambers overwhelmingly approved the measure. It now heads to the desk of Democratic Governor Gina Raimondo.#TakeAction

    House and Senate lawmakers also approved legislation to create the “Hemp Growth Act “. This measure will classify hemp as an agricultural product that may be legally produced, possessed, and commercially distributed. The Department of Business Regulation will be responsible for establishing rules and regulations for the licensing and regulation of hemp growers and processors. The Department is also authorized to certify any higher educational institution in Rhode Island to grow or handle or assist in growing or handling industrial hemp for the purpose of agricultural or academic research. The legislation now awaits action from Governor Gina Raimondo. If signed, the law will take effect January 1, 2017.#TakeAction

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