2011: The Year In Review – NORML’s Top 10 Events That Shaped Marijuana Policy

#1 NORML Sues to Halt Government’s Prosecution of Medical Cannabis Providers
In October, the United States Deputy Attorney General, along with the four US Attorneys from California, announced their intentions to escalate federal efforts targeting the state’s medical cannabis dispensaries and providers. In response, members of the NORML Legal Committee filed suit in November against the federal government arguing that its actions were in violation of the Ninth, Tenth, and Fourteenth Amendments of the US Constitution. Plaintiffs further argued, using the theory of judicial estoppel, that the Justice Department had previously affirmed in federal court that it would no longer use federal resources to prosecute cannabis patients or providers who are compliant with state law. NORML’s lawsuit remains pending. Read the full story here.

#2 Members of Congress Introduce First Bill Since 1937 to Legalize Cannabis
House lawmakers introduced legislation in Congress in June to end the federal criminalization of the personal use of marijuana. The bipartisan measure – HR 2306, the ‘Ending Federal Marijuana Prohibition Act of 2011′ – prohibits the federal government from prosecuting adults who use or possess cannabis by removing the plant and its primary psychoactive constituent, THC, from the five schedules of the United States Controlled Substances Act of 1970. The bill awaits Congressional action. Read the full story here.

#3 Gallup: Majority of Americans Support Legalizing Cannabis
A record 50 percent of Americans now believe that marijuana ought to be legalized for adult use, according to a nationwide Gallup poll of 1,005 adults published in October. The 2011 survey results mark the first time ever that Gallup has reported that more Americans support legalizing cannabis (50 percent) than oppose it (46 percent). Read the full story here.

#4 Over One Million Americans Now Use Cannabis Legally Under State Law
Between one million to one-and-a-half million US citizens are legally authorized by the laws of their state to use marijuana, according to data compiled in May by NORML from state medical marijuana registries and patient estimates. Read the full story here.

#5 Marijuana Prosecutions For 2010 Near Record High
Police made 853,838 arrests in 2010 for marijuana-related offenses according to the Federal Bureau of Investigation’s annual Uniform Crime Report, released in September. The annual arrest total is among the highest ever reported by the agency. Marijuana arrests now comprise more than one-half (52 percent) of all drug arrests in the United States. Read the full story here.

#6 Largest State Doctors Association Calls For Legalizing Cannabis
The California Medical Association in October called for the “legalization and regulation” of cannabis for adults. The association, which represents some 35,000 physicians, recommends that cannabis be taxed and regulated “in a manner similar to alcohol.” Read the full story here.

#7 Connecticut Decriminalizes Cannabis Possession Offenses
Statewide legislation took effect in July reducing the penalties for the adult possession of up to one-half ounce of marijuana from a criminal misdemeanor (formerly punishable by one year in jail and a $1,000 fine) to a non-criminal infraction, punishable by a $150 fine, no arrest or jail time, and no criminal record. Read the full story here.

#8 Vaporized Cannabis Augments Analgesic Effect of Opiates in Humans
Vaporized cannabis significantly augments the analgesic effects of opiates in patients with chronic pain, according to clinical trial data published online in the journal Clinical Pharmacology & Therapeutics in November. Investigators surmised that cannabis-specific interventions “may allow for opioid treatment at lower doses with fewer [patient] side effects.” Read the full story here.

#9 State Governors Call on Obama Administration to Reclassify Cannabis
In December, governors from Rhode Island, Vermont, and Washington formally requested the Obama administration to reclassify cannabis under federal law in a manner that would allow states to regulate its therapeutic use without federal interference. The administration in July had previously rejected a nine-year-old petition calling on the agency to initiate hearings to reassess the present classification of marijuana as a schedule I controlled substance without any ‘accepted medical use in treatment.’ Read the full story here.

#10 Delaware Becomes 16th State to Legalize Limited Medical Use of Marijuana
State lawmakers in May approved legislation to allow patients with a qualifying illness may legally possess up to six ounces of cannabis, provided the cannabis is obtained from a state-licensed, not-for-profit ‘compassion center.’ The law is anticipated to be implemented in 2012. Read the full story here.

New England Remains The Regional Leader In Pot Use — What The Northeast’s Affinity With Cannabis Says About The Viability Of Prohibition

The federal government has once again released its state-by-state estimate of self-reported licit and illicit substance use. You can download the full report here.

Once again, the northeast leads the nation in self-reported marijuana use in practically every measurable category.

Among states reporting ‘marijuana use in the past year among persons aged 12 and older,’ Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont all rank in the top percentile. (Alaska, California, Colorado, Hawaii, and Oregon round out the list.) Among states reporting ‘marijuana use in the past year among youths age 12 to 17,’ Connecticut, Massachusetts, New Hampshire, Rhode Island, and Vermont top the list (along with Alaska, Colorado, New Mexico, Nevada, and Oregon).

The totals in the category ‘marijuana use in the past year among persons age 18 to 25‘ is even more New England-centric, with every northeast state (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont) all included in the top percentile (along with Alaska, Colorado, New York, and Oregon). In the category, ‘marijuana use in the past month among persons age 26 or older‘ Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont top the list (along with Alaska, Colorado, Hawaii, and Oregon).

The findings are notable because they are consistent from previous years and provide plenty of fodder for combating numerous drug warrior myths and stereotypes (such as the notion that high rates of illicit drug use — yes, the New England states lead in this broader category too — are typically relegated to poorer, urban, more racially diverse areas).

They also call into question the notion that marijuana use among the general population is in any way influenced by the legal status of marijuana. State criminal penalties for cannabis vary widely across the New England states. For instance, Maine’s decriminalization law (possession of up to 2.5 ounces is a civil violation punishable by a $100 fine) is among the most liberal in the country. Conversely, New Hampshire (up to one year in jail) and Rhode Island (up to one year in jail and a six month driver’s license suspension) maintain relatively strict penalties. Yet regardless of state law, marijuana use remains similar throughout the region.

Likewise, nationally, Mississippi and Nebraska — which enjoy some of the most liberal marijuana laws (simple possession is a summons and a civil violation, respectively) — also rank among the lowest rates of self-reported cannabis use.

You can review the state-by-state maps for yourself here.

One final note, it should be noted that despite the prevalence of medical marijuana states in these rankings, the authors of the report acknowledge that there is no evidence that the implementation of medi-pot laws is increasing the use of cannabis or other illicit drugs. As noted in the study’s press release:

“Current illicit drug use dropped among adolescents aged 12 to 17 in 17 states between 2002-2003 and 2008-2009 — no increases in current illicit drug use occurred in any state in this age group over this time period.”

This is a point that NORML has made repeatedly, most recently in response to Drug Czar Gil Kerlikowske’s false claims. The Marijuana Policy Project also has a newly updated report thoroughly rebuking this claim here.

Connecticut: Marijuana Decriminalization Measure Is Now Law

Democratic Gov. Dan Malloy signed legislation into law on Thursday, June 30 ‘decriminalizing’ the possession of small, personal use amounts of marijuana by adults. The new law, Senate Bill 1014, took effect on Friday, July 1.

Senate Bill 1014 reduces the penalties for the adult possession of up to one-half ounce of marijuana from a criminal misdemeanor (formerly punishable by one year in jail and a $1,000 fine) to a non-criminal infraction, punishable by a $150 fine, no arrest or jail time, and no criminal record. The new law similarly reduces penalties for the possession of marijuana paraphernalia.

Connecticut’s new law is similar to the existing ‘decriminalization’ laws in California, Colorado, Maine, Massachusetts, Nebraska, New York, and Oregon where private, non-medical possession of marijuana is treated as a civil, non-criminal offense.

Five additional states — Minnesota, Mississippi, Nevada, North Carolina, and Ohio — treat marijuana possession offenses as a fine-only misdemeanor offense. Alaska law imposes no criminal or civil penalty for the private possession of small amounts of marijuana by adults.

Lawmakers in California and Kentucky previously enacted laws this year reducing penalties for marijuana possession.

Additional information on this law will appear in this week’s NORML news update. To receive these e-mail updates free, please sign up here.

Connecticut: Lawmakers Vote To Decriminalize Adult Marijuana Possession

Connecticut lawmakers moments ago voted 90 to 57 in favor of Senate Bill 1014, decriminalizing the possession of small amounts of cannabis for personal use by adults. Senate lawmakers had narrowly approved an amended version of the measure on Saturday; House lawmakers concurred with the Senate today, sending the measure to Democrat Gov. Dannel Malloy — who will sign it into law.

As amended, SB 1014 reduces the penalties for the adult possession of up to one-half ounce of marijuana from a criminal misdemeanor (punishable by one year in jail and a $1,000 fine) to a non-criminal infraction, punishable by a fine, no jail time, and no criminal record. (This measure would similarly reduce penalties on the possession of marijuana paraphernalia.)

Once signed into law, Connecticut will become the fourteenth state to replace criminal sanctions and arrest for minor marijuana possession with largely non-criminal sanctions. (Seven states pose no criminal sanctions for cannabis possession; six states have eliminated the potential for jail terms for first offenses, but still classify the offense as a misdemeanor or minor misdemeanor.)

Connecticut is only the second state to enact decriminalization legislatively in the past decade. (Massachusetts enacted a similar law via ballot initiative in 2009.)

NORML supporters, and Connecticut NORML’s regional organizer and state lobbyist Erik Williams, played a significant role in sheparding this legislation through the State House — generating thousands of phone calls and e-mails to lawmakers at a time when political experts were alleging that the measure lacked the political will for passage. Below is a message from Erik Williams:

Dear CT NORML Friends and Supporters,

We did it! Moments ago, the Connecticut House of Representatives passed SB 1014, Decriminalizing Small Amounts of Marijuana. The Governor has pledged to sign the bill into law.

Thank you for all of your hard work in making this a reality. Connecticut has taken a first step in addressing the outdated and unworkable War on Drugs, which costs taxpayers $billions every year and ruins individual lives and devastates communities.

While this is clearly a victory for CT NORML and the State of Connecticut, it is bittersweet as the Medical Marijuana bill has yet to be brought for a vote in the Senate. If it were to be brought for a vote, it would easily pass with both Republicans and Democrats supporting the measure. I pledge right now to all of you who have fought so hard with me for the legalization of medical marijuana that I will not give up until nobody stands in the way of you and your doctor making medical decisions. I will not give up until compassion is the main driver of public policy replacing political posturing, demagoguery and fear. I will not stop working until medical marijuana is legalized and I ask you to continue to fight by my side.

Connecticut’s legislative session ends tomorrow, but there is still time to act in favor of medical cannabis. If you live in Connecticut, please contact the office of Sen. Don Williams, President Pro Tempore, and urge him to allow the 2011 medical marijuana bill to receive a floor vote. You can also contact your own individual Senator via NORML’s ‘Take Action Center’ here.

NORML’s Weekly Legislative Round Up — Vermont Approves Dispensaries, Connecticut One Vote Away From Decriminalization

Connecticut: Immediate action is needed in the Nutmeg State. Members of the state Senate on Saturday narrowly approved legislation so that the adult possession of marijuana is reduced from a misdemeanor (punishable by one year in jail and a $1,000 fine) to an infraction, punishable by a fine, no jail time, and no criminal record. This measure would similarly reduce penalties on the possession of marijuana paraphernalia. Your efforts have truly made a different in this battle, as the bill passed by a single vote — and only weeks earlier political pundits were calling the chances of this bill’s success to be slim and none.

But we still have a tremendous amount of work before us. Senate Bill 1014 must still be approved by the House Floor by this coming Wednesday!  Whether the floor will take the time to act on it will be decided by House Speaker Chris Donovan (D-Meriden). Please take a moment to contact him directly, leaving a polite message for his staff urging him to schedule a floor vote for SB 1014. You can also contact your own individual House Representative via NORML’s ‘Take Action Center’ here.

Separate legislation to approve the limited use of medical cannabis also awaits Senate floor action. Please contact the office of Sen. Don Williams, President Pro Tempore, and urge him to allow the 2011 medical marijuana bill to receive a floor vote. You can also contact your own individual Senator via NORML’s ‘Take Action Center’ here.

Additional information regarding this effort is available by contacting: Erik A. Williams, Executive Director, CT NORML, ewilliams@campaignswon.com, 860.805.3243.

Vermont: Democrat Gov. Peter Shumlin last week signed legislation into law allowing state-licensed facilities to dispense marijuana to medically authorized patients. Each dispensary will be licensed by the state Department of Public Safety and would be permitted to serve up to 1,000 registered patients. The Department is in the process of developing rules to carry out the new law. To date, only the states of Colorado, Maine, and New Mexico have state-licensed medical marijuana facilities up and running. Regulators in New Jersey and Rhode Island have selected applicants to operate similar state-licensed dispensaries, but neither state has allowed those applicants to open their planned facilities. Additionally, permits for licensed medical marijuana businesses are expected to be issued soon Delaware and in the District of Columbia.

California: Members of the state Assembly last week narrowly rejected AB 1017, which sought to reduce criminal penalties for marijuana cultivation from a felony to an alternative misdemeanor. “The state legislature has once again demonstrated its incompetence when it comes to dealing with prison crowding,” commented California NORML Director Dale Gieringer, which backed the bill. “With California under court order to reduce its prison population, it is irresponsible to maintain present penalties for non-violent drug offenses. It makes no sense to keep marijuana growing a felony, when assault, battery, and petty theft are all misdemeanors. Legislators have once again caved in to to the state’s law enforcement establishment, which has a vested professional interest in maximizing drug crime.”

Separate legislation, SB 129, which seeks to make it illegal for employers to discriminate against qualified medical cannabis patients in the workplace, has been held over to 2012.