Since its founding, NORML has advocated that statewide legalization efforts – whether through a ballot initiative or using the legislative process – should ideally include provisions that permit and protect the act of home cultivation by marijuana consumers. This advocacy has resulted in more than 16 states now allowing home cultivation, including in six of the eight voter-initiated measures passed in 2016.
But although there has been a tremendous amount of progress on this issue, it appears that home cultivation is now at risk in several municipalities across Colorado and California. Local and state lawmakers in both jurisdictions are revisiting the issue and are moving toward unnecessarily limiting adult’s home cultivation rights.
Most recently, representatives with Denver’s Office of Marijuana Policy revealed a plan to, “limit unlicensed recreational and medical grows in private residences,” throughout the city of Denver. This decision came after months of closed-door meetings between regulators and leading marijuana industry interests such as the Marijuana Industry Group (MIG); which together, form what’s being called the, “Non-Licensed Marijuana Grows Inspection Team.”
Although there has been little to no mention of specific details regarding this proposed program, many are anticipating the new regulations to resemble those that have come under fire in Indian Wells, California. In that city, lawmakers are pushing for regulations mandating that anyone who wishes to cultivate marijuana in their home must purchase an annual permit and must also allow inspectors into their residence. This amounts to an absolutely unnecessary burden for responsible, law-abiding citizens.
In recent days, Denver NORML became inundated with emails, messages and comments on social media demanding a response to what many believe is a blatant overreach by city government officials. In response, members of Denver NORML, led by Executive Director, Jordan Person, began mobilizing volunteers to contact members of the Denver City Council with the goal of defending the rights and privacy of marijuana consumers in the city of Denver.
“With all of the uncertainty we are expecting in 2017 at both the local and state level our goal at Denver NORML is to help maintain our rights as residents of Colorado to grow in our homes,” said Person. “We will keep our members and supporters informed and part of the conversation as it happens.”
While it’s obvious that there’s a tremendous amount of work that goes into regulating Colorado’s legal marijuana industry, most marijuana consumers would never support any effort that would attempt to bring similar regulations into the privacy of their homes. Not to mention the fact that the creation of a task force or any other bureaucratic process to approve and/or oversee the cultivation of marijuana in a private residence amounts to a severe misuse of tax dollars and violation of privacy when those limited resources could be dedicated to combating actual problems in our communities.
Without providing any data points related to the correlation between home cultivation and out-of-state diversion, those advocating for tighter regulations deserve to fail in their attempt to convince marijuana consumers that allowing regular visits from government officials in their homes is a good idea. Adults who brew their own beer are not subject to inspections by the state and neither should those who choose to grow personal use quantities of marijuana. Furthermore, criminalizing the personal cultivation of marijuana is an arbitrary prohibition that has absolutely no basis in public safety. Therefore NORML will continue to support the right of individuals to grow their own marijuana as an alternative to purchasing it from licensed commercial producers.
To join the fight to protect home cultivation, check out NORML’s action page by visiting http://norml.org/act or for more information, please email Chapters@NORML.org.
Tax revenue collection from retail marijuana sales in Colorado, Oregon, and Washington is exceeding initial projections, according to a new report published by the Drug Policy Alliance.
Marijuana-related tax revenue in Colorado totaled $129 million over the 12-month period ending May 31, 2016 – well exceeding initial estimates of $70 million per year, the report found. In Washington, tax revenue totaled $220 million for the 12-month period ending June 30, 2016. Regulators had initially projected that retail sales would bring in $162 million in new annual tax revenue. In Oregon, marijuana-related tax revenues are yielding about $4 million per month – about twice what regulators initially predicted. (Alaska has yet to begin collecting tax revenue from cannabis businesses.)
The report also finds that adult use marijuana legalization has not been associated with any increases in youth use of the substance, nor has it had an adverse impact on traffic safety. “In Colorado and Washington the post-legalization traffic fatality rate has remained statistically consistent with pre-legalization levels, is lower in each state than it was a decade prior, and is lower than the national rate,” it determined. A separate report published by the CATO Institute recently provided similar findings.
In addition, the new reports finds that marijuana-related arrest totals have fallen significantly in jurisdictions post-legalization. According to the DPA’s report, the total number for all annual marijuana-related arrests decreased by 59 percent in Alaska, by 46 percent in Colorado, by 85 percent in the District of Columbia, and by 50 percent in Oregon. In Washington, the number of low-level marijuana court filings fell by 98 percent.
To read the full report, please click here.
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.