In this week’s Round Up we’ll update you regarding the status of a number of state and local ballot measures, and we’ll also highlight new legislation signed into law this week in Delaware. Plus we’ll give you the details on the latest Governor to endorse marijuana decriminalization. Keep reading below to get this week’s news in marijuana law reform!
Arizona: The Supreme Court this week rejected a lawsuit that sought to prohibit Proposition 205, the Arizona Regulation and Taxation of Marijuana Act, from going before voters this November. The Act allows adults twenty-one years of age and older to possess and grow specified 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 for licensed businesses to produce and sell marijuana and establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana.
Voters in four additional states, California, Maine, Massachusetts, and Nevada, will also be deciding on similar adult use initiatives on Election Day.
Arkansas: The Secretary of State’s office this week certified that a competing medical marijuana initiative, the Arkansas Medical Marijuana Amendment, will also appear on the electoral ballot in November. Unlike Issue 7, The Arkansas Medical Cannabis Act, this second initiative does not include provisions allowing eligible patients to cultivate their own cannabis at home.
Statewide polling reports greater public support for the Medical Cannabis Act. Under state law, if voters approve both measures the one that receives the greatest number of votes will become law.
Voters in three additional states, Florida, North Dakota, and Montana, will decide on similar medical use measures in November. In Missouri, campaigners are litigating to ask the courts to review signature totals in the state’s second Congressional district.
Colorado: A municipal initiative effort that sought to permit for the adult use of marijuana in licensed establishments failed to qualify for the November ballot. The Responsible Use Denver initiative, backed by Denver NORML, needed 4,726 signatures to qualify for inclusion on November ballot. The campaign submitted more than 7,500 signatures, but just 2,987 were verified as eligible by the Denver Elections Division. The Campaign posted: “We are sad to report that our language did not make the November ballot. We plan to continue pushing the conversation with the city of Denver. Our opinion remains the same, that we have what we feel is the best solution for the city of Denver. Thank you to everyone that has supported us on this journey.” City officials did confirm that a separate municipal initiative seeking to establish a ‘Neighborhood-Supported Cannabis Consumption Pilot Program’ will appear on November’s ballot.
Delaware: Governor Jack Markell signed legislation into law this week permitting terminally ill patients to access medical cannabis. House Bill 400 (aka ‘Bob’s bill’) permits physicians to recommend cannabis therapy to terminally ill adults. It also permits those under 18 to access CBD products if they are suffering from “pain, anxiety, or depression” related to a terminal illness.
The new law takes effect at the end of November.
Oklahoma: State Question 788, a statewide initiative to establish a state-licensing system to permit eligible patients to possess and cultivate personal use quantities of cannabis for therapeutic purposes, is unlikely to appear on the 2016 electoral ballot. Although the Secretary of State has certified that initiative proponents collected sufficient signatures, proponents are now challenging the attorney general’s rewording of the ballot title. The legal challenge could force the issue to be decided in a special election. Updated information regarding this initiative campaign may be found on NORML’s 2016 initiatives page.
Pennsylvania: Governor Tom Wolf expressed support for marijuana decriminalization this week stating, “too many people are going to prison because of the use of very modest amounts or carrying modest amounts of marijuana, and that is clogging up our prisons, it’s destroying families, and it’s hurting our economy.”
Marijuana decriminalization legislation, House Bill 2076, is currently pending before members of the House Judiciary committee. The legislation would amend the state’s controlled substances act so that minor marijuana possession offenses are considered a non-criminal offense. Contact your state House members and urge them to support this common sense legislation. #TakeAction
Tennessee: Members of the Nashville Metro Council voted 32 to 4 to approve legislation to lessen local marijuana possession penalties. The proposal amends penalties for the possession of or exchanging of up to one-half ounce of marijuana to a $50 civil penalty or 10 hours of community service. The vote was the first of three the bill will receive; it is the first time a marijuana decriminalization measure was considered by the legislative body.
Under current state law, individuals convicted of possession of less than one ounce of marijuana face a misdemeanor charge that is punishable of up to one year in jail and a $2,500 fine. If you live in Nashville, consider contacting your Council member and urging them to support this common sense measure.
Jordan Person, executive director of the Denver Chapter of the National Organization for the Reform of Marijuana Laws (NORML) submitted roughly 8,000 signatures this week to Denver’s Election Division with the hope of qualifying the Responsible Use Initiative for this November’s ballot. Relying on the hard work and dedication of more than twenty grassroots activists, the Denver NORML team worked tirelessly for more than three months educating voters on the issue and collecting signatures throughout the city. The campaign needs a total of 4,726 valid signatures to qualify for the ballot.
“I could not be more proud of the grassroots movement Denver NORML has created. Our volunteers sacrificed every moment they could to work hard for this campaign.” Person said. “It was an easy choice for most because of how much they believe in the initiative they are fighting for. As we go through this interim period of waiting, hoping and preparing we look forward to the future with excitement.”
If certified for the ballot, Denver voters will be among the first in the nation to decide whether to regulate legal private marijuana clubs for adults 21 and over.
Officials with Denver Elections have 25 days to verify the campaign’s signatures. Regardless of the outcome, this has been a groundbreaking effort to normalize the consumption of marijuana in America.
In addition to Denver NORML’s Responsible Use Campaign, voters in the city might also have the opportunity to vote on a similar, yet more limited proposal that would restrict consumers to vaping in predesignated areas.
Marijuana is legal to purchase, possess and to consume in the state of Colorado, but where? Well, if you happen to be in the city of Denver (or most anywhere else in Colorado) the answer is very simple, you can only legally consume cannabis in a private residence. But what if your landlord won’t allow it, or if you are one of the thousands of tourists that visits our great city on a daily basis. Then where do all of those people go? This question is one Denver NORML hopes to help answer this November.
The local chapter of NORML, the National Organization for the Reform of Marijuana Laws spent several months working with various stakeholders to develop a regulatory framework to create a space where responsible adults can consume their legally purchased marijuana products. Denver NORML is currently collecting signatures for the Responsible Use Denver initiative. The initiative will provide a license for the establishment and operation of private, 21-and-over members-only facilities where adults and bring their own cannabis and peacefully consume it in a relaxed, legal public setting.
The initiative language was written to provide the city with what it is lacking, a set of rules and standards to open a business and maintain a license for a place for adults to responsibly consume marijuana. There are several businesses right now in the city of Denver operating in a grey area. Currently these businesses have no laws to follow or to protect them. This grey area needs definition. Those same businesses could now open marijuana clubs with their namesake or these businesses could now apply for special event permits where marijuana will be permitted.
Once passed, the Responsible Use Denver initiative will not only provide private marijuana clubs it will also allow for any individual or entity to apply for 24 event permits per year. The private invitation only events would be 21 and up, allow no onsite distribution and allow guests to bring their own marijuana products to consume. What does a marijuana event look like? These events could be catered and be as creative as any party planner could dream up. They could be intimate occasions or it could allow for an entrepreneur to create a large event venue for occasions such as the Cannabis Cup to return to Denver.
The Responsible Use Denver initiative is the answer to an ongoing issue that is not going away. As other states continue to legalize marijuana across the country, we are going to continue to see this as a post prohibition concern in more and more jurisdictions. If we had 200 places to purchase alcohol but no place to drink it, where would people drink? Most likely on sidewalks, loitering in front of businesses, in parks, in their cars and anywhere else they could. This is what marijuana consumers are dealing with. It is time for change and it is time for a solution.
More Governors signed marijuana related legislation into law this week, and once again members of the US Senate have said ‘yes’ to marijuana law reform. Keep reading to get the latest news and to learn what you can do to take action.
Members of the U.S. Senate Appropriations committee took action this week, approving 18 to 11, an amendment to further protect doctors and patients who use medical cannabis in accordance with state laws.
The amendment reads, “None of the funds appropriated or otherwise made available in this title shall be used in a manner that would interfere with the ability of a provider to recommend medicinal marijuana in accordance with State law, or of a patient to participate in a medicinal marijuana program consistent with such State law.”
This vote marks the third time in recent weeks that members of the U.S. Senate Appropriations committee have approved marijuana related amendments. Members also recently voted to expand military veterans’ access to medical cannabis and to bar the Department of Justice from spending money to interfere with the implementation of state medical marijuana laws.
California: Legislation NORML opposes is moving forward in the state legislature and we need you to #TakeAction to prevent it from becoming law. Members of the state Assembly voted 60 to 12 on June 2nd in favor of Assembly Bill 2243, legislation seeking to impose a new $9.75/ounce tax on the cultivation of medical-only marijuana. Similarly, members of the state Senate voted 27 to 10 on June 1st in favor of Senate Bill 987, legislation seeking to impose a special 15 percent statewide tax upon medical marijuana sales. This tax would be in addition to the imposition of existing state and local taxes.
Assembly Bill 2243 will now be considered by members of the Senate and Senate Bill 987 will now be considered by members of the Assembly.
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. #TakeAction
Colorado: On Monday, June 6th, Governor John Hickenlooper signed House Bill 1373 into law. This legislation permits qualified patients access to medical cannabis formulations while on school grounds. Under the measure, a primary caregiver may administer non-inhalable formulations of medical cannabis to a qualifying patient while that patient is on the grounds of a pre-school, primary, or secondary school in which the student is enrolled. Medical marijuana patients may not be denied eligibility to attend school because of their cannabis use. The measure took effect upon the Governor’s signature.
New York: Advocates are making a final push to pass legislation to significantly expand the state’s current medical marijuana program before the legislative ends on June 16th. New York legalized medical marijuana in 2014, however the law is one of the most restrictive in the country. Currently, 11 separate bills are pending before the legislature to improve and expand the state’s nascent program. #TakeAction
Ohio: Governor John Kasich signed legislation into law this week establishing regulations for the licensed production and dispensing of medical cannabis formulations to qualified patients. House Bill 523 authorizes the use of various forms of cannabis preparations for the physician-authorized treatment of a number of qualifying conditions. For a full list, click here. Ohio is the 26th state to enact statutory language permitting the physician-supervised use of medical marijuana.
Maryland: Governor Larry Hogan has signed legislation, House Bill 104, expanding the pool of medical professionals who can provide written recommendations for marijuana to qualifying patients. Passage of this legislation allows nurse midwives and nurse practitioners, among other medical professionals, who are in good standing with the state to provide written certifications to qualifying patients. The legislation takes effect June 1st, 2017.
Michigan: House-backed legislation to expand Michigan’s existing medical marijuana law is expected to be voted on imminently by members of the Senate Judiciary committee. House Bill 4209 would license and regulate above-ground, safe access facilities for state-qualified patients seeking medical marijuana. House Bill 4210 would provide qualified patients legal protections for their use of non-smoked cannabis derived topicals and edibles, as well as cannabis-based extract products. Lawmakers also passed a third bill, HB 4827, which seeks to establish regulations tracking the production and sale of medical marijuana products. Tell the Senate that it is high time to act upon these common sense measures! #TakeAction
Vermont: Governor Peter Shumlin has signed legislation into law expanding the state’s medical cannabis program.
Senate Bill 14 includes various patient-friendly provisions: It permits patients with glaucoma and ‘chronic pain’ and/or those in hospice care to be eligible for cannabis therapy; it eliminates the requirement that patients must have previously tried other conventional treatments “without success” prior to being eligible for medical cannabis; it amends existing doctor/patient relationship requirements in a manner that expedites certain patients eligibility to receive cannabis treatment; and it authorizes naturopaths to make medicinal cannabis recommendations.
The changes impacting patients’ eligibility took effect upon signing. Other changes in the law take effect on July 1, 2016. Full text of the new law is online here.
This was a huge week for marijuana law reform. Congress voted for the first time to expand medical cannabis access to military veterans, and Governors in numerous states signed cannabis legalization and depenalization measures into law. Keeping reading to get the latest news and to learn what you can do to take action.
Members of the US House and Senate voted yesterday for the first time to expand military veterans’ access to medicinal cannabis in states that allow it. House members voted 233 to 189 last week in favor of the Veterans Equal Access Amendment. The amendment, offered by Rep. Blumenauer (D-OR) to the Fiscal Year 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations bill, prohibits the federal government from sanctioning V.A. physicians who wish to recommend cannabis therapy to their patients. Members of the US Senate Appropriations Committee previously voted in April in favor of a similar provision and the full Senate also signed off on their version of the bill yesterday. The House and Senate versions of FY 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations now await a concurrence vote prior to being sent to the President.
Colorado: House and Senate lawmakers have overwhelmingly approved legislation, House Bill 1373, to permit qualified patients access to the use formulations of medical cannabis while on school grounds. The measure now awaits action by Gov. John Hickenlooper, who indicated that he would sign the bill into law. Once enacted, a primary caregiver may administer non-inhalable formulations of medical cannabis to a qualifying patient while that patient is on the grounds of a pre-school, primary, or secondary school in which the student is enrolled. Medical marijuana patients may not be denied eligibility to attend school because of their cannabis use.
Connecticut: Democrat Gov. Dannel Malloy this week signed legislation expanding patients’ access to the state’s medicinal cannabis program. House Bill 5450 permits qualifying patients under the age of 18 to possess and consume medical cannabis preparations. The proposal also expands the list of qualifying illnesses eligible for cannabis therapy to include: ”uncontrolled intractable seizure disorder,” ”irreversible spinal cord injury with objective neurological indication of intractable spasticity,” “cerebral palsy,” “cystic fibrosis,” or “terminal illness requiring end-of-life care.” Other provisions in the bill seek to establish a statewide clinical research program, and protect nurses from criminal, civil, or disciplinary sanction if they choose to administer marijuana to a qualifying patient in a hospital setting. The new law takes effect on October 1, 2016.
Illinois: Members of the House voted 64 to 50 on Wednesday, May 18, in favor of Senate Bill 2228, legislation to decriminalize the possession of small amounts of marijuana. Members of the Senate had previously voted 44 to 12 in favor of the measure, which makes the possession of up to 10 grams of marijuana a civil violation punishable by a fine of $100-$200 — no arrest and no criminal record.
Currently, those caught possessing that amount could face up to six months of jail time and fines of up to $1500. The bill also amends the state’s zero tolerance per se traffic safety law. Senate Bill 2228 now goes to Gov. Bruce Rauner. Last year, the Governor issued an amendatory veto to a similar bill. However, this year’s language addresses the Governor’s past concerns.
Kansas: Governor Brownback recently signed House Bill 2462 into law to amend marijuana possession penalties. The law reduces 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. You can read the full summary of the engrossed bill here. The sentencing changes take effect imminently.
Louisiana: Governor John Bel Edwards signed legislation yesterday amending the state’s dormant medical marijuana law. Senate Bill 271 permits physicians to ‘recommend’ rather than ‘prescribe’ medical cannabis therapy. The change allows doctors to authorize cannabis without running afoul of federal law, which prohibits the prescription of a schedule I controlled substance.
The measure also expands the pool of conditions eligible for cannabis therapy to include the following: “cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, cachexia or wasting syndrome, seizure disorders, epilepsy, spasticity, Crohn’s disease, muscular dystrophy, or multiple sclerosis. Separate legislation, SB 180, which explicitly immunizes the program’s participants from state criminal prosecution, remains pending in the House and is anticipated to be voted on as early as next week.
Maine: Governor Paul LePage has signed legislation, LD 726, into law permitting qualified patients to use medical marijuana while admitted in Maine hospitals. This measure does not require hospital staff to administer medical marijuana to a patient and will only allow for patients to consume cannabis preparations in a smokeless form. The law also establishes licensing protocols for marijuana testing facilities and the labeling of medical cannabis products.
New Hampshire: Members of the Senate on Thursday, May 19, sent House-backed decriminalization provisions to conference committee rather than engage in an up/down vote of the bill. Members of the House previously voted 298 to 58 to amend Senate Bill 498 to make first-time offenses a civil violation rather than a criminal offense. The civil penalty would be limited to a fine only: no arrest, prosecution, or criminal record. Subsequent offenses would continue to be classified as misdemeanors. In past years, the Senate has been consistently hostile to any House efforts to decriminalize marijuana possession penalties.
The conference committee, consisting of members of the House and Senate, will now try to agree upon a finalized version of SB 498. It is important that Senate members hear from you and are urged to keep the House provisions in SB 498. #TakeAction
Oklahoma: Governor Mary Fallin signed legislation into law on Friday, May 13, to expand the pool of patients eligible to possess cannabidiol (CBD) under a physician’s authorization. House Bill 2835 extends existing legal protections to the following patients: those with “spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases.” The measure also removes the age requirement limitation from existing law so that adults with various forms of epilepsy are eligible for CBD therapy. The expanded law takes effect on November 1, 2016.
Rhode Island: On Thursday, May 19th members of the Senate approved legislation, Senate Bill 2115, to make post-traumatic stress patients eligible for medical cannabis treatment and to accelerate access to those patients in hospice care. The measure will now be sent to the House for consideration. #TakeAction