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
Connecticut Gov. Dannel Malloy yesterday signed legislation, HB 5450, to protect nurses who administer medical marijuana to qualified patients in hospital settings from any criminal, civil, or disciplinary action. Other provisions in the bill expand the pool of patients eligible for cannabis therapy to include those under the age of 18, and seek to establish a state-sponsored research program.
In Maine, Gov. Paul LePage recently signed LD 726 into law, which similarly protects hospital administrators and staff from criminal or civil liability if they permit qualified patients access to non-inhaled preparations of medical marijuana in hospitals. Under the law, patients would not necessarily be provided or administered medical marijuana by hospital staff, but could be provided cannabis products by third parties.
Separate provisions in LD 726 establish licensing protocols for marijuana testing facilities and the labeling of medical cannabis products.
Connecticut and Maine are the first states to explicitly provide immunity to hospitals that permit patients to medicate with cannabis.
A summary of 2016 state legislation is online from NORML’s Take Action Center here.
Alabama: Governor Robert Bentley has signed legislation, House Bill 61, to protect qualified patients eligible for CBD therapy under a physician’s authorization from criminal prosecution. The measure, known as ‘Leni’s Law’, allows qualified patients to possess CBD preparations containing up to three percent THC. The new law takes effect June 1st, 2016.
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 measure into law. “My son, if he needed medical marijuana and he needed it during the day while he was in school, I’d want him to have that opportunity,” Hickenlooper said.
Connecticut: House and Senate lawmakers have approved 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 and it also expands the list of qualifying illnesses eligible for cannabis therapy. 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 measure now awaits action by Governor Dannel Malloy. #TakeAction
Hawaii: Legislation is pending before Governor David Ige to expand medical cannabis access and dispensing. The measure expands the pool of practitioners who may legally recommend cannabis therapy to include advanced nurse practitioners. Separate provisions in the bill remove the prohibition on Sunday dispensary sales and on the possession of marijuana-related paraphernalia by qualified patients.It also permits the transportation of medical marijuana across islands for the purposes of laboratory testing. #TakeAction
Kansas: House and Senate lawmakers have signed off on sentencing reform legislation, House Bill 2049, that 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. The bill now heads to Gov. Brownback’s desk, and will become law if he does not veto it within 10 days. #TakeAction
Louisiana: Senate legislation to fix and expand the state’s dormant medical marijuana law received a boost this week after a House Committee amended and passed the measure. Senate Bill 271 seeks to change the language of existing law so that physicians may ‘recommend’ rather than prescribe cannabis therapy. Under federal law, physicians cannot legally ‘prescribe’ cannabis or any schedule I substance. It also expands the pool of patients eligible to receive marijuana therapy. The legislation is scheduled to be heard by members of the House Health and Welfare Committee next week. #TakeAction
New Hampshire: Members of the House Criminal Justice and Public Safety Committee voted 12 to 7 this week to amend Senate-backed sentencing reform legislation, Senate Bill 498, to also include provisions decriminalizing minor, first-time marijuana possession offenses. The amended language would 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. #TakeAction
Oklahoma: House and Senate lawmakers have approved legislation, HB 2835, to expand the pool of patients eligible to possess cannabidiol under a physician’s authorization. As amended, House Bill 2835 would include legal protections to the following patient groups: 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 measure now awaits action from Gov. Mary Fallin. #TakeAction
Pennsylvania: Representative Ed Gainey is seeking co-sponsors for soon-to-be introduced legislation that would amend minor marijuana possession offenses to a non-criminal offense. Despite both local and nationwide progress on the issue of cannabis prohibition, Pennsylvania continues to charge over 18,000 individuals each year with minor possessory offenses. Please urge your House member to sign on as a co-sponsor to this important legislation. #TakeAction
Rhode Island: Members of the Senate Judiciary Committee are scheduled to consider SB 2420, legislation to regulate the commercial production and retail sale of marijuana to those over the age of 21, on Tuesday, May 10th. Adults would be permitted to purchase and possess up to one ounce of marijuana. It also permits adults to cultivate up to two marijuana plants (no more than 1 mature) at home for non-commercial purposes. You can read the full text of this proposal here. #TakeAction
Tennessee: Two marijuana related measures became law recently in Tennessee. The first permits for the licensed cultivation of industrial hemp when “grown by an institution of higher education in this state that offers a baccalaureate or post-graduate level program of study in agricultural sciences.” The second, amends third-time marijuana possession offenses from a Class E felony, punishable by up to six years in prison, to a misdemeanor offense, punishable by no more than one year in jail. The new sentencing penalties take effect on July 1, 2016.
For a summary of all pending marijuana legislation, be sure to check out our full #TakeAction center!
And don’t forget to register to attend NORML’s 2016 Congressional Lobby Day in Washington D.C. May 23rd and 24th! We have just recently confirmedthree members of Congress’ ability to address our group on Capitol Hill so you won’t want to miss it!
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.
Illinois: 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.
Vermont: 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.
Connecticut: State regulators gave final approval this week to expand the state’s list of qualifying conditions for which a physician may recommend medical cannabis. The six new conditions are: ALS (Lou Gehrig’s disease), ulcerative colitis, sickle cell disease, severe psoriasis/psoriatic arthritis, complex regional pain syndrome, and post-laminectomy syndrome with chronic radiculopathy.
Florida: Members of Tampa City Council gave preliminary approval today in favor of a local ordinance decriminalizing minor marijuana possession offenses. Under the plan, municipal law would redefine marijuana possession of 20 grams or less as a civil matter, rather than a criminal offense. First-time violators will face a $75 for the first offense. Council members will hold a final vote on the measure onMarch 17th. You can contact your City Council members to urge their support for this measure here.
Volusia county joined nearby Palm Beach and Miami-Dade counties this week by passing an ordinance providing police the discretion to cite rather than arrest minor marijuana offenders. Those given citations will face a county court fine of $100. The new law applies only to people caught with marijuana on the beach and in unincorporated county areas. Cities will be allowed to adopt the same law.House members overwhelmingly voted on Thursday, March 3, in favor of legislation to permit medical marijuana access to people diagnosed with terminal illnesses. House Bill 307 permits the production and distribution of cannabis to terminally ill patients. Similar language is pending a Senate floor vote. Florida law already permits for the production of strains of cannabis high in CBD to be dispensed to qualified patients with cancer, muscle spasms, and intractable seizures. However, to date, this program has yet to be operational.
Maryland: On February 26th, HB 104, legislation to expand the pool of medical professionals who can provide written recommendations for marijuana to qualifying patients, was approved by the House in a 110-21 vote. The legislation would allow 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 will now be considered by members of the Senate. #TakeAction
New York: Next Tuesday, March 8th, members of the Buffalo Common Council will consider the Buffalo Cannabis Act, which decriminalizes the possession of up to two ounces and allows citizens to grow up to six plants in their homes.
Pennsylvania: After months of delay, House members are anticipated to finally begin debating medical marijuana legislation on the House floor later this month. It will mark the first time House members have taken any action since November when members of the House Rules Committee passed Senate Bill 3. If adopted by the House, Gov. Tom Wolf says he will sign the measure. #TakeAction
Washington: House and Senate lawmakers have approved legislation, Senate Bill 6206, establishing regulations governing industrial hemp production. The measure “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. Presently, 25 states have enacted legislation permitting licensed hemp cultivation in a manner that is compliant with this statute. The measure awaits action from Gov. Jay Inslee, who is expected to sign it into law.