Loading

California

  • by Danielle Keane, NORML Associate April 1, 2016

    thumbs_upSeveral marijuana law reform bills were signed into law this week. Keep reading below for the latest updates!

    State:

    California: NORML is opposing pending legislation in the Senate that seeks to impose retail sales taxes on the purchase of medical cannabis. Senate Bill 987 imposes a special 15 percent statewide tax upon medical marijuana sales, in addition to the imposition of existing state and local taxes.

    While NORML generally does not oppose the imposition of fair and reasonable sales taxes on the commercial sales of cannabis for recreational purposes, we do not support such excessive taxation on medical sales. Laws enacted by the legislature last year to regulate medical marijuana explicitly did not include additional taxation, and lawmakers should not try to impose such taxes now.

    The legislation is scheduled to be considered by members of the Governance and Finance Committee on April 6th. If you live in California, please #TakeAction and contact your lawmakers to urge them to reject this unnecessary measure!

    Connecticut: Members of the House Public Health Committee have approved legislation to allow qualified patients under 18 years old to use medical marijuana to treat their debilitating illnesses. Patients who’ve met the necessary requirements would need the consent of a parent or guardian to receive the drug. Presently, Connecticut is the only medical marijuana state that explicitly prohibits use by minors.

    Also, on Tuesday, April 5, Reps. Toni Walker and Juan Candelaria will hold an informational hearing on the merits of legalizing the adult use of marijuana. The hearing is open to the public and will take place at 10:00AM in hearing room 2E of the Legislative Office Bldg, 300 Capitol Ave, Hartford, CT 06106.

    Florida: Governor Rick Scott  signed legislation, House Bill 307, into law to permit medical marijuana access to people diagnosed with terminal illnesses. House Bill 307 expands the state’s so-called ‘Right to Try Act’ – legislation that permits terminally ill patients to experiment with non-FDA approved remedies – to include the use of medicinal cannabis. Under the new law, which takes immediate effect, qualifying patients are eligible to access both low-THC and high-THC strains of cannabis. The measure also seeks to expand a 2014 state law intended to provide low-THC varieties of cannabis to patients with pediatric epilepsy, chronic muscle spasms, or cancer. However, this law is not yet operational.

    marijuana_gavelIllinois: Senate bill 2228, legislation to decriminalize the possession of personal use quantities of marijuana, was approved by members of the Senate Criminal Law Committee. If passed, Senate Bill 2228 would amend state law so that the possession of up to ten grams of marijuana is no longer classified as a criminal offense.  Currently, those caught possessing that amount could face up to six months of jail time and fines of up to $1500. Under the proposal, offenders would instead be issued a civil citation and have to pay a fine of $100 to $200.  The marijuana would be confiscated at the time of offense. The bill also amends the state’s zero tolerance per se traffic safety law.

    The legislation is anticipated to be voted on by the full Senate in early April. You can #TakeAction to contact your state Senator and urge their support for this legislation!

    Maine: House lawmakers voted ‘ought not to pass’ on legislation, LD 1628, to impose presumptive impairment standards in cases where low levels of THC is detected in the blood. NORML is actively opposing this measure, which states that the detection of 5 ng/ml or more of THC in a driver’s blood “gives rise to a permissible inference … that [a] person is under the influence of intoxicants.” NORML would like to thank those House lawmakers that recognized this legislation as an unscientific and disproportionate response to behavior that is already sufficiently addressed by present traffic safety laws.

    Massachusetts: Legislation to regulate the cultivation and promotion of industrial hemp received attention this week when lawmakers hosted celebrity Tim Gunn at the Massachusetts State House so he could express his support for regulating the crop. If passed, the measure would establish policies and procedures to allow for the commercial cultivation of industrial hemp if/when federal law permits such activity. You can #TakeAction and contact your state lawmakers to urge their support for this common sense legislation.

    New York: New York legalized medical marijuana in 2014, however the law is one of the most restrictive in the country. Lawmakers have introduced 11 separate bills this session to expand the program and significantly increase access to those patients who so desperately need it. To read more about these pending measures and to contact your lawmakers to urge their support, #TakeAction.

    Ohio: On Thursday, the Ohio Ballot Board certified an initiative to establish a comprehensive medical marijuana program in the state. Proponents of the initiative must now collect 305,591 required signatures by early July in order to qualify it for the ballot. You can read the full text of the initiative here.

    Oregon: Governor Kate Brown signed legislation, Senate Bill 1511, allowing adults 21 and older to immediately become eligible to purchase marijuana extracts and marijuana infused edibles from Oregon dispensaries. In 2014, residents in Oregon voted to legalize the adult use and retail sale of herbal marijuana. Senate Bill 1511 legally permits adults to also purchase limited quantities of cannabis-infused products, such as edibles and extracts.

    legalization_pollVermont: The House of Representatives continues to weigh Senate Bill 241, legislation to regulate the adult use, production, and sale of cannabis.  Multiple House committees have held hearings in recent dyas to consider public testimony on the subject while Gov. Peter Shumlin has publicly reaffirmed his support for the measure. In an interview released this week with TIME, Governor Shumlin discussed the merits of marijuana legalization and described the reform as something “enlightened states” do. You can read the full interview here.

    Washington: House and Senate lawmakers voted 131 to 6 to override Governor Jay Inslee’s veto of Senate Bill 6206, which establishes limited licensed hemp production. The Governor had previously vetoed the bill, along with several others, in response to lawmakers’ failure to pass a comprehensive budget plan. Senate Bill 6206 authorizes “the growing of industrial hemp as a legal agricultural activity” in accordance with federal legislation permitting such activity as part of a state-authorized program.

    Don’t forget to buy your Early Bird tickets for our 2016 Congressional Lobby Day that is taking place May 23rd and 24th! The schedule will be released soon but rest easy it will be a full two day itinerary focused around marijuana consumerism, the 114th Congress, post prohibition concerns, marijuana in the media and more! We’ll hold our informational conference on Monday with moderated discussions between some of the most influential thought leaders in the movement and then on Tuesday we’ll #TakeAction and gather on Capitol Hill to lobby our elected officials for common sense marijuana law reforms.

    We’ll also be hosting a NORML Social at O St. Mansion on Monday night for a special award ceremony to honor our most valuable marijuana activists! If you wish to join the party don’t forget to purchase a separate ticket at checkout.

  • by Paul Armentano, NORML Deputy Director February 25, 2016

    legalization_pollA majority of likely California voters say that they intend to vote ‘yes’ this November for an initiative to regulate the retail production and sale of marijuana by adults, according to the results of a Probolsky Research poll released today.

    Sixty percent of respondents say that they will vote in favor of an initiative this November “that would legalize marijuana for recreational use under California law and allow government to tax” its retail sales. Thirty-seven percent said that they would vote ‘no.’

    Support was strongest among those between the ages of 18 to 34 (80 percent) and self-identified Democrats (69 percent). Republicans (38 percent) and those over the age of 65 (46 percent) were least likely to express support.

    The Adult Use of Marijuana Act (AUMA), 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. Both the California Medical Association and the state chapter of the NAACP have endorsed the measure.

    On February 20, a majority of the NORML Board of Directors endorsed the AUMA, along with separate initiatives that are anticipated to appear on the November 2016 ballot in Maine, Massachusetts, Nevada, and Arizona, as well as medical use initiatives expected to appear on the ballot in Missouri and Florida.

  • by Danielle Keane, NORML Associate February 12, 2016

    map_leafWe’ve got news from all levels of government this week! International, federal, state, and local law reform changes are all being considered. Keep reading below to see if any pending reforms would affect you or your community!

    International:

    Tim Faron, leader of one of Great Britain’s main political parties, called for the legalization of cannabis for recreational use this week. He also announced that his party would be imminently releasing a report making the case for a legalized market for sales. The Liberal Democrats leader said: “I personally believe the war on drugs is over. We must move from making this a legal issue to one of health. The prime minister used to agree with me on the need for drug reform. It’s time he rediscovered his backbone and made the case again.”

    Federal:

    Senator Elizabeth Warren (D-MA) wrote a letter this week to the head of the Center for Disease Control and Prevention (CDC) urging the agency to research cannabis access as a potential mitigating factor in opioid abuse. Population data from states where medicinal cannabis is permitted report lower rates of opioid-abuse  and mortality as compared to those states where the plant is prohibited. Clinical data and case reports also indicate that the adjunctive use of cannabis may wean patients from opiates while successfully managing their pain. Survey data of state qualified medical cannabis patients indicate that subjects with access to the plant often substitute it for opioids because they perceive it to possess fewer adverse side effects.

    Also, Senate members this week introduced The Stopping Unfair Collateral Consequences from Ending Student Success Act, or SUCCESS Act, which repeals language in the Higher Education Act that strips students of financial aid because of a past drug offense, and removes the drug conviction question from the FAFSA form. #TakeAction 

    State:

    California: The California Medical Association has officially endorsed the Control, Regulate and Tax Adult Use of Marijuana Act, a pending statewide ballot initiative that seeks to legalize and regulate adult marijuana use and sales in the state. The California Medical Association represents more than 41,000 physician members statewide. Additionally, the NAACP California chapter has also endorsed the initiative.

    Illinois: Legislation, HB 6199, is pending in the General Assembly to add post-traumatic stress disorder to the definition of ‘debilitating medical condition’ and to allow state-registered medical cannabis patients to retain gun ownership rights. #TakeActioncannabis_pills

    Mississippi: Senate legislation was introduced this week to permit qualified patients to legally possess and cultivate cannabis. Senate Bill 2358 permits patients with a “debilitating medical condition” to engage in marijuana therapy in accordance with a physician’s recommendation. The measure also reschedules marijuana under state law. #TakeAction

    New Mexico: Legislation opposed by NORML, HB 195 has narrowly passed the House of Representatives. The bill would prohibit workers compensation insurers from reimbursing employees who qualify for medical cannabis access for injuries sustained on the job. The measure now awaits Senate action. Please contact your Senate member today and urge him or her to vote ‘no’ on HB 195 and/or its companion measure SB 245. #TakeAction

    New Jersey: Legislation was introduced this week to end workplace discrimination against medical marijuana patients. Assembly Bill 2482, if enacted, would halt employers from taking adverse employment actions against authorized medical marijuana patients who engage in the plant’s use during their off-hours. #TakeAction

    Pennsylvania: A local decriminalization ordinance is being considered by the Harrisburg City Council. The council’s public safety committee plans to hold a public hearing on the matter in the coming weeks. If you live in Harrisburg, contact your City Council member and urge their support for this measure! We’ll keep you updated as this measure moves forward.

    Vermont: Members of the Senate are anticipated to decide imminently on legislation to regulate the adult use, production, and sale of cannabis. Media reports indicate that the floor vote could come the week of February 16. The vote is expected to be a close one; therefore, we are urging supporters to contact their Senate members over the coming days and to urge them to vote ‘yes’ for Senate Bill 241. If approved by the Senate, the bill will face further debate in the House. #TakeActionlegalization_poll

    Virginia: Senate lawmakers have approved legislation, Senate Bill 327, to amend state law so that first time, minor marijuana offenders no longer face the loss of their driver’s license. Under existing law, marijuana possession offenses may be punishable by the loss of driving privileges, even in cases where the offense did not take place in a motor vehicle. Passage of SB 327 would end this practice. #TakeAction

    Washington D.C.: Members of the D.C. Counsel this week approved a measure that would prohibit potential employers in the District from testing applicants for marijuana until after they’ve made a conditional job offer. Councilmember Vincent Orange, who sponsored the measure said, “District residents shouldn’t have to worry about lost job opportunities just because they’ve smoked pot, especially now that the city has voted to legalize marijuana possession.” The measure is still under congressional review.

  • by Danielle Keane, NORML Associate February 5, 2016

    map_leafThis week we have an array of legislative updates ranging from more bills being introduced, other bills stalling, and everything in between. We have news out of Arizona, California, Florida, Hawaii, Illinois, Kansas, Maine, Maryland, New Jersey, Rhode Island, Virginia, Utah and Washington D.C.! Keep reading below to get the latest in marijuana law reform this week.

    Federal:

    The Marijuana Advertising in Legal States (MAILS) Act was introduced this week by Senators Ron Wyden and Jeff Merkley and Representatives Earl Blumenauer and Suzanne Bonamici. This legislation would “reverse the outdated declaration by the U.S. Postal Service in December 2015 that prohibited the mailing of newspapers with ads offering to buy or sell marijuana, even if the marijuana-related ad complies with state law.” Senator Wyden says, “Our bill updates the federal approach to marijuana, ending the threat to news publications that choose to accept advertising from legal marijuana businesses in Oregon and other states where voters also have freely decided to legalize marijuana.”

    Democrat Presidential candidate Hillary Clinton made comments this week in response to a question at a town hall meeting from a medical marijuana patient who asked what she would do to decriminalize the drug. Clinton responded boldly saying, “She would do a lot.” She reiterated her support for states to decide the issue and reaffirmed that, if elected President, she would reschedule marijuana from a Schedule I drug in the Controlled Substances Act to a Schedule II substance. She stated, “I have no doubt there are very real benefits to people.”

    Democrat Presidential candidate Bernie Sanders also made comments this week related to marijuana policy when he addressed the question, “If elected, how would your administration address the current tension between state and federal marijuana laws?” Sanders responded, “As President, I would direct HHS and DOJ to immediately review if marijuana should be rescheduled or descheduled under the Controlled Substances Act, and I would instruct DOJ not to interfere with states who have legalized or decriminalized marijuana.”

    State:
    Arizona: House Bill 2007, was introduced to defelonize minor marijuana possession offenses.Under present law, marijuana possession is classified as a felony, punishable by up to two years in jail. House Bill 2007 reclassifies minor marijuana possession offenses from a felony to a civil offense, punishable by a fine only — no arrest, no criminal prosecution, and no criminal record. #TakeAction

    California: Governor Jerry Brown signed legislation that seeks to dissuade California cities and counties from enacting municipal restrictions on the cultivation and dispensing of medical marijuana by amending a drafting error in the The Medical Marijuana Regulation and Safety Act. It also removes objectionable language authorizing local governments to prohibit patients from cultivating, storing, donating, or processing marijuana for their own personal use, and by doing so, reaffirms that qualified patients have the right under state law to engage in personal cultivation absent a city or state license.

    Florida: House legislation, House Bill 271, redefines industrial hemp as an agricultural crop and establishes licensing regulations to allow for the plant’s cultivation. A committee substitute version of the bill was unanimously approved by members of the House Agriculture and Natural Resources Subcommittee on Tuesday, February 2nd. We’ll keep you updated as this legislation moves forward. #TakeActionindustrial_hemp

    Hawaii: Objectionable legislation is pending in the House to eliminate patients’ longstanding rights to cultivate medical marijuana. House Bill 1680 repeals patients’ legal authority to cultivate personal use quantities of cannabis. Criminalizing the personal cultivation of cannabis is an arbitrary prohibition that has absolutely no basis in public safety. For sixteen years, thousands of Hawaii patients have possessed the ability to cultivate personal use qualities of medicinal marijuana. There exists no evidence that this law has led to any sort of widespread abuse or public safety threat.. #TakeAction

    Illinois: Legislation is pending in the Senate to expand Illinois’ hemp law to promote hemp-related commerce. The act seeks to establish regulations for the Department of Agriculture to license persons “desiring to grow, process, cultivate, harvest, process, possess, sell, or purchase industrial hemp or industrial hemp related products.” #TakeAction

    In separate news, Illinois Governor Bruce Rauner this week rejected a recommendation from the Medical Cannabis Advisory Board to expand the state’s medical marijuana program by adding eight additional qualifying conditions. For more information on organizing patients’ efforts in Illinois, please contact Illinois NORML.

    Kansas: Members of the Senate voted 38 to 1 on Wednesday, February 3, in favor of a Committee substitute version of HB 2049 to reduce criminal penalties for first-time marijuana possession offenses from a Class A misdemeanor (punishable by up to one year incarceration and a $2,500 fine) to a Class B misdemeanor (punishable by no more than six months in jail and a $1,000 fine). Second convictions will no longer be classified as a felony offense. The amended language now returns to the House for a concurrence vote. #TakeAction

    Maine: Marijuana legalization advocates turned in more than 100,000 signatures to the Secretary of State’s office this week in hopes of meeting the 60,000 requirement to qualify for the 2016 ballot. Read more about this campaign here.

    Maryland: House Bill 443 is pending in the General Assembly to permit the Department of Agriculture to authorize institutions of higher education to cultivate industrial hemp for academic research purposes.This legislation is scheduled to be heard Wednesday, February 10th by members of the Environment and Transportation Committee at 1:00PM. #TakeAction

    Separate legislation, House Bill 665, seeks to place a constitutional amendment on the November 2016 ballot to regulate adult marijuana use. If approved by lawmakers, the bill would allow voters to decide if they wish to regulate the commercial cultivation, processing, and retail of marijuana to adults over the age of 21. You can read the full text of this proposal here. #TakeActionlegalization_poll

    New Jersey: Assembly Bill 2050, legislation to decriminalize minor marijuana possession offenses in New Jersey, is pending in the General Assembly. If approved, the legislation would remove criminal penalties for those who possess 15 grams of marijuana or less. New Jersey’s 24,765 arrests for possession of small amounts of marijuana in 2013 was the state’s highest number in 20 years. #TakeAction

    Rhode Island: Governor Gina Raimondo has proposed that a new tax be imposed upon state qualified patients who choose to cultivate their own cannabis. The proposed taxes range from $150 per plant for an individual patient up to $350 per plant for growers with cultivator licenses. The proposed tax is rightfully drawing fire, from patients and other concerned citizens. For more information on efforts to oppose this change, please visit the Rhode Island Patient Advocacy Coalition.

    Utah: On Thursday, February 4th, members of the Senate Judiciary, Law Enforcement, and Criminal Justice Committee moved SB 73, the Medical Cannabis Act, to the Senate floor. The legislation seeks to amend state law to permit for the state-licensed cultivation of cannabis, including strains with higher THC content, for the manufacturing of medicinal products and/or herbal preparations. We’ll keep you updated as this measure continues to move forward. #TakeAction

    Virginia: House and Senate lawmakers set aside legislation that sought to eliminate criminal penalties for marijuana possession offenses. On February 3rd, Senate Bill 104, was passed by indefinitely by the Courts of Justice Committee in an 11-4 vote. This action stalls any legislative progress for now, but allows for the committee to reconsider legislation at a later meeting. It is apparent by these actions that Virginia lawmakers need to hear from constituents that marijuana law reform ought to be a legislative priority. #TakeAction

    Washington D.C.: A bill aimed at permanently banning private marijuana clubs in the District was pulled on Tuesday and instead Council members passed an amendment to create a seven member taskforce to look into the issue more closely. The taskforce will be made up of two members from the D.C. Council, one from the Office of the D.C. Attorney General and five from city agencies, including the Metropolitan Police Department and the D.C. Health Department, who will be appointed by Mayor Muriel Bowser.
  • by Paul Armentano, NORML Deputy Director October 21, 2015

    Budgetary provisions enacted by Congress in 2014 forbid the Justice Department from taking action against medical marijuana providers who are operating in compliance with state law, a federal judge for the northern district of California determined earlier this week.

    The ruling, issued by US District Court Judge Charles Breyer, rejects the Justice Department’s ‘tortured’ interpretation of the statute (Section 538 of the Continuing Appropriations Act of 2015) and affirms that the “plain reading” of the law prohibits the federal government from spending funds in a manner that interferes with a state’s ability to authorize the use, distribution, possession, or cultivation of medical marijuana. Consequently, the statute forbids the federal government from taking actions that would result in the closure of state-compliant medical cannabis facilities, the Court opined.

    Breyer ruled: “It defies language and logic for the Government to argue that it does not ‘prevent’ California from ‘implementing’ its medical marijuana laws by shutting down these … dispensaries, whether one shuts down one, some, or all. … [C]ontrary to the Government’s representation, the record here does support a finding that Californian’s access to medical marijuana has been substantially impeded by the closing of dispensaries.”

    He added: “[T]he legislative history of Section 538 points in only direction: away from the counter-intuitive and opportunistic meaning the DOJ seeks to ascribe to it now. … [T]he statutory language … is plain on its face [and] the Court must enforce it according to its terms.”

    Breyer’s ruling removes an injunction that had forbidden the Marin Alliance for Medical Marijuana from operating. The injunction had been in effect since federal officials took action to close down the facility in 2011 as part of a statewide crackdown against dispensary operators.

    Although Section 538 was included as part of a fiscal year 2015 spending bill, the language is expected to be renewed by Congress later this year as part of a FY 2016 appropriations measure.

Page 5 of 42« First...34567...102030...Last »