Is New England The New Hotbed For Marijuana Law Reform?

The northeast has historically been a hotbed for marijuana use — with five of the six New England states self-reporting some of the highest percentages of marijuana consumption in the nation. But recently New England has also become a regional leader in marijuana law reform.

Lawmakers in every New England state are now debating marijuana law reform legislation. Here’s a closer look at what’s happening.

Connecticut: The nutmeg state is the only northeast state besides New Hampshire that has yet to enact some form of marijuana decriminalization or medicalization. But that drought may end this year. Weeks ago, newly elected Democrat Gov. Dan Malloy publicly affirmed his support for legislation that seeks to reduce minor marijuana possession to a noncriminal offense. Malloy endorsed reducing adult marijuana possession penalties from a criminal misdemeanor (punishable by one year in jail and a $1,000 fine) to an infraction, punishable by a nominal fine, no jail time, and no criminal record. Gov. Malloy has also spoken out in favor of legalizing the physician-authorized use of medical marijuana. (Similar legislation was passed by the legislature in 2007, but was vetoed by then-Gov. Jodi Rell.) You can contact your state elected officials in favor of both of these proposals here and here. You can also get involved with Connecticut NORML here.

Maine: Maine voters have twice approved ballot initiatives in recent years addressing the medical use and distribution of medical cannabis. And in 2009, Maine lawmakers increased the amount of marijuana that may be classified as a civil offense from 1.25 ounces to 2.5 ounces (the second highest threshold in the nation). This year state lawmakers have introduced a pair of bills, LD 754 and LD 750, to expand the state’s existing marijuana decriminalization law. LD 754 would amend existing law so that the adult possession of over 2.5 ounces but less than 5 ounces is classified as a civil violation. LD 750 would amend existing law so that the cultivation of up to six marijuana plants by an adult is also classified as a civil violation. Both measures have been referred to the Joint Committee Criminal Justice and Public Safety Committee. You can contact your lawmakers in support of these measures here. NORML is also working with state lawmakers regarding the introduction of separate legislation to legalize adult marijuana possession, production, and distribution. You can learn more about this pending legislation here.

Massachusetts: In 2008, a whopping 65 percent of voters in endorsed Question 2 decriminalizing the adult possession of an ounce or less of cannabis to a fine-only civil offense. Now a coalition of state lawmakers are backing House Bill 1371 to legalize and regulate adult marijuana production and sales in Massachusetts. You can watch a 60-minute discussion with the bill’s lead sponsor and supporter here. You can contact your state elected officials in support of HB 1371 here, or by visiting the Massachusetts Cannabis Reform Coalition/NORML here. You can learn about a separate state legislative effort to regulate the use of medical marijuana here.

New Hampshire: Lawmakers this week heard testimony in favor of House Bill 442, which legalizes the physician-supervised use of medical marijuana. (Similar legislation passed both the House and the Senate in 2009, but was vetoed by Governor John Lynch.) You can write your lawmakers in favor of HB 442 via NORML’s ‘Take Action Center’ here, or by contacting NHCompassion.org.

Rhode Island: In coming days, Rhode Island state regulators will become only the third in the nation to begin licensing medical marijuana dispensaries. A coalition of lawmakers is also debating the amending the state’s penalties for non-patients. House Bill 5031 amends state law so that the adult possession of up to one ounce of marijuana is reduced from a criminal misdemeanor (punishable by one year in jail and a $500 maximum fine) to a civil offense, punishable by a $150 fine, no jail time, and no criminal record. You can voice your support for HB 5031 by clicking here.

Vermont: Two separate marijuana law reform measures are pending before Vermont lawmakers. Senate Bill 17 proposes expanding the state’s medical marijuana law to permit the establishment of two nonprofit medical marijuana dispensaries in the state. You can learn more about this measure here. House Bill 427 amends state law so that the adult possession of up to one ounce of marijuana is reduced from a criminal misdemeanor (punishable by six months in jail and a $500 maximum fine) to a civil offense, punishable by a $150 fine, no jail time, and no criminal record. Passage of the measure, which has been endorsed by Democrat Governor Peter Shumlin, will allow state law enforcement to reallocate an estimated $700,000 annually in criminal justice resources. You can contact your House member in support of HB 427 here.

For up-to-date information on marijuana law reform measures pending in other states, please visit NORML’s ‘Take Action Center’ here.

NORML’s Weekly Legislative Round Up

Marijuana law reform legislation is pending in over twenty states, and progressive measures have been pre-filed in many more. Below is this week’s edition of NORML’s Weekly Legislative Round Up — activists’ one-stop guide to pending marijuana law reform legislation around the country.

** A note to first time readers: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so. NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and to make the changes they want to see.

MEDICAL MARIJUANA LAWS UNDER SIEGE IN MONTANA AND NEW MEXICO

Montana: As anticipated, on Monday members of House of Representatives gave final approval to HB 161, which would repeal the state’s existing medical cannabis law. The measure now goes before state senators, who are being targeted with anti-pot propaganda advertisements. Nevertheless, a new poll released this week of over 2,200 Montanans found that 63 percent of voters support allowing medical marijuana, and only 20 percent support current proposals to repeal the state’s compassionate medical marijuana law. Tell the Senate to uphold the will of the voters and to reject HB 161. You can contact your lawmakers via NORML’s ‘Take Action Center’ here, or by contacting Montana NORML. You can also visit our allies Patients and Families United on Facebook here for up-to-date information on pending hearings and votes.

New Mexico: House Bill 593, introduced by Santa Fe Republican James Smith, aims to completely repeal New Mexico’s existing medical marijuana law, which was initially approved by the legislature and the Governor in 2007. Presently, over 3,200 patients are using cannabis legally in compliance with state law. In addition, state officials have licensed some 25 facilities to produce or dispense medical cannabis. Reports of abuses regarding the use or distribution of medical cannabis as authorized by the law have been minimal. Nevertheless, Smith — who admits “I’m not a medical doctor, I don’t pretend to be.” – states that the law sends a mixed message to young people and that other alternative medications are available. House Bill 593 has been assigned to the House Consumer & Public Affairs Committee and awaits a scheduled hearing. Newly elected Republican Governor Susana Martinez, who recently stated that this issue would not be a legislative priority for her administration in 2011, now says that she will sign Smith’s bill if it reaches her desk. You can prevent that from happening by contacting your House member here and urging them to vote ‘no’ on repeal.

OTHER STATE ACTIVITY

Indiana: On Tuesday, February 22, the Senate voted 28 to 21 in favor of legislation, SB 192, to consider the impact of the state’s marijuana policies, including costs in the state’s criminal justice system and the potential for regulation and taxation options. The bill now goes to the House. You can read NORML’s testimony in support of SB 192 here. You can contact your member of the House in support of SB 192 here. You can track the progress of this effort on Facebook here.

Texas: On Tuesday, March 1, members of the House Criminal Jurisprudence Committee will hear testimony in favor of HB 548, which seeks to decriminalize marijuana possession offenses in Texas. The hearing is scheduled for 10:30am in room JHR 120 of the state capitol. To date, nearly 1,300 of you have contacted your House members in favor of HB 548 via NORML’s Take Action Center. Now show them that you support this effort by appearing before them in person. Join Texas NORML at next week’s hearing or track the progress of this bill online here.

Maryland: On Tuesday members of the House Judiciary Committee heard testimony from NORML representatives and others in favor of House Bill 606. House Bill 606 amends current state law so that the adult possession of up to one ounce of marijuana is reduced from a criminal misdemeanor (punishable by one year in jail and a $1000 maximum fine) to a civil offense, punishable by a $100 fine, no jail time, and no criminal record. You can follow the progress of HB 606 on Facebook here. You can contact your House Delegate in support of the measure via NORML’s ‘Take Action Center’ here. Separate state legislation regarding the medical use of marijuana will be hard next week in the Maryland House and Senate. You can learn more about these measures here.

Connecticut: Newly elected Democrat Gov. Dan Malloy last week reaffirmed his support for legislation that seeks to reduce minor marijuana possession to a noncriminal offense. Malloy endorsed reducing adult marijuana possession penalties from a criminal misdemeanor (punishable by one year in jail and a $1,000 fine) to an infraction, punishable by a nominal fine, no jail time, and no criminal record. Gov. Malloy also reaffirmed his support for legalizing the physician-authorized use of medical marijuana. You can contact your state elected officials in favor of both of these proposals here and here. You can also get involved with Connecticut NORML here.

West Virginia: Lawmakers will debate for the first time legislation, HB 3251, to legalize the use of medical marijuana in West Virginia. House Bill 3251, The Compassionate Use of Medical Marijuana Act, amends state law so that physician-supervised patients with an authorized “chronic or debilitating medical condition” can possess six plants and up to an ounce of usable marijuana for medical purposes. The measure also allows for the establishment “compassion centers” to dispense medical cannabis to qualified patients. You can contact your House members in support of this effort here.

To get involved in legislation pending in dozens of other states, please visit NORML’s ‘Take Action Center’ here.

NORML’s Weekly Legislative Round Up

Below is this week’s edition of NORML’s Weekly Legislative Round Up — activists’ one-stop guide to pending marijuana law reform legislation around the country.

** A note to first time readers: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so. NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and to make the changes they want to see.

Connecticut: Lawmakers have introduced a pair of bills to reform state marijuana laws. House Bill 5139 amends state law to “authorize an individual to use marijuana for medical purposes as directed by a physician.” Lawmakers passed similar legislation in 2007 only to have the measure vetoed by then-Gov. Jodi Rell. Newly elected Gov. Dan Malloy has been a past supporter of medical marijuana law reform and indicates that he is inclined to sign HB 5139 into law. A separate bill, Senate Bill 163, amends state law so that the adult possession of up to one ounce of marijuana is reduced from a criminal misdemeanor (punishable by one year in jail and a $1,000 fine) to an infraction, punishable by a nominal fine, no jail time, and no criminal record. This measure would similarly reduce penalties for the possession of marijuana paraphernalia. Both measures have been referred to the Joint Judiciary Committee. If you reside in Connecticut, you can take action in support of both bills here.

Illinois: Illinois state legislators are considering a pair of bills to reform the state’s marijuana laws. Lawmakers this week reintroduced House Bill 30, the Compassionate Use of Medical Cannabis Pilot Program Act, which allows qualified patients to possess and grow marijuana for medical purposes. The bill already has strong support among lawmakers, as a previous version of the measure was approved by the Senate and only narrowly defeated by the House. Separate legislation, House Bill 100, amends state law so that the adult possession of up to one ounce of marijuana is reduced from a criminal misdemeanor (punishable by up to 30 days in jail and a $1,500 fine) to a “petty offense” punishable by a fine only. Both measures have been referred to the House Rules Committee. If you reside in Illinois, you can take action in favor of both measures by clicking here and by becoming involved with Illinois NORML.

Rhode Island: House Bill 5031 amends state law so that the adult possession of up to one ounce of marijuana is reduced from a criminal misdemeanor (punishable by one year in jail and a $500 maximum fine) to a civil offense, punishable by a $150 fine, no jail time, and no criminal record. The measure has legislative support. In 2010, members of a special Senate committee advocated for the decriminalization of adult marijuana possession offenses, finding that over 91 percent of the state’s marijuana arrests are for possession only, and that of those first-time offenders are sentenced to incarceration, defendants on average were sentenced to 3.5 months in jail. House Bill 5031 has been referred to the House Judiciary Committee, which may be contacted here. If you reside in Rhode Island, you can take action in support of HB 5031 at NORML’s ‘Take Action’ Center here.

Virginia: There is disappointing news to report from Virginia. On Monday, January 17, lawmakers on the House Courts of Justice, Criminal Subcommittee decided on a voice vote to “pass by indefinitely” legislation, HB 1443, which sought to reduce criminal marijuana penalties for first-time offenders. Virginia NORML, which backed HB 1443, co-organized a Lobby Day to coincide with Monday’s hearing and vote. An estimated 75 citizens participated in the day-long event, about a dozen of whom testified in favor of HB 1443. (You can read NORML’s testimony in favor of the measure here.) Unlike in past years, no one, including representatives of law enforcement or the state prosecutors office, testified publicly against the measure. Del. Morgan, the sponsor of HB 1443, has already vowed to reintroduce a similar measure next year. You can read a full report on Monday’s Lobby Day and hearing, as well as what you can still do to help, by clicking here.

Washington: Senate Bill 5073, which seeks to expand Washington’s twelve-year-old medical marijuana law and creates greater legal protections for authorized patients, providers, and caregivers. has been assigned to the Committee on Health & Long-Term Care and has been scheduled for a hearing on Thursday, January 20 at 1:30pm in Senate Hearing Room 4 of the Cherberg Building. For more information on this measure and tomorrow’s hearing, please visit here.

To be in contact with your state officials regarding these and other pending legislation, please visit NORML’s Take Action Center here.

2010 Election Update: Cooley Leading In Polls Is Bad News For California Medical Marijuana Patients, AZ’s Prop. 203 Continues To Trail

Though the race for California‘s next Attorney General still officially remains undecided, Republican candidate Steve Cooley is now leading Democrat Kamala Harris by some 26,000 votes. The Los Angeles Times reports that at least 850,000 ballots — mostly mail-in ballots that arrived in election offices on election day — still need to be counted, and that the race remains far from over.

The race for California Attorney General has significant implications for the distribution of medical cannabis in California, as Cooley has previously pledged to prosecute dispensaries that engage in over-the-counter cash sales of marijuana to authorized patients. In October, while serving as Los Angeles District Attorney, Cooley declared that state law bars sales of medical marijuana, and opined: “The vast, vast, vast majority, about 100%, of dispensaries in Los Angeles County and the city are operating illegally, they are dealing marijuana illegally. … The time is right to deal with this problem.”

Present Attorney General guidelines, issued under former A.G. (now Governor-elect) Jerry Brown in 2008, authorize the distribution and non-profit sales of medical cannabis in California by qualified “collectives and cooperatives,” but warn that ‘storefront’ business that engage in the for-profit sales of medical marijuana “are likely operating outside the protections” of state law. Cooley has long maintained that California dispensaries that engage in over-the-counter sales to customers do not meet a legal definition of ‘collectives’ or ‘not-for-profit’ entities.

By contrast, San Francisco District Attorney Kamala Harris has previously voiced strong support for protecting the legal rights of patients who use cannabis medicinally.

In Arizona, Proposition 203 is still trailing — now by some 6,600 votes — with more than 100,000 still remaining to be counted. If passed, the Arizona Medical Marijuana Act, would permit state-registered patients to obtain cannabis legally from licensed facilities.

Arizonans have twice before — in 1996 and again in 1998 — voted in favor of medical marijuana ballot measures, though neither proposal was ever enacted by the legislature. This year’s proposal was sponsored by the Arizona Medical Marijuana Policy Project, an affiliate of the Marijuana Policy Project.

In Michigan, voters elected vocal medical marijuana opponent Bill Schuette to be the state’s next Attorney General. Schuette was a vocal opponent against Proposal 1, the 2008 voter initiative that legalized the physician-authorized use of medical cannabis. While running for Attorney General, Schuette continued to campaign against both medical marijuana and broader efforts to halt the prosecution of non-medical consumers. Since the election, however, Schuette has yet to weigh in on whether he will use his office to target and prosecute the state’s emerging medical cannabis dispensaries.

Finally, in Connecticut, state officials have officially declared Democrat Dan Malloy as the state’s next Governor. Malloy had been in an exceedingly close race with Republican opponent Tom Foley.

Malloy has reportedly voiced support for decriminalizing marijuana for adults, and also supports the legalization of medical cannabis. Malloy’s predecessor, Republican M. Jodi Rell, vetoed legislation in 2007 that would have allowed for the legal use of marijuana by those authorized by their physician. In recent years, lawmakers in Connecticut have expressed support for both medical marijuana and decriminalization.

Marijuana Legalization Zeitgeist In America To Continue Into 2010: Federal Government Lags Behind The States

Already Four States Have Marijuana Legalization Bills In Play; Californians To Vote On Legalization in 2010

It can readily be said that 2009 was one of the busiest and most productive years in cannabis law reform since NORML’s founding in 1970. However, it appears as if 2010 is going to be an even busier year–notably marked by the increasing number of actual state legalization bills and a voter initiative in America’s most important state.

Currently, there is legalization legislation pending in California, Massachusetts, Vermont, and a legalization bill was just introduced this week in Washington. Frankly, most of these bills do not have a strong prospect in passing this time out, however the immense public discussion that is generated is crucial for overall reform efforts.

The formula is simple: No public discussion or debate about legalization, obviously equates to no substantive law reforms. This is what regrettably happened in the United States, Canada and Europe from 1980-2000, buttressed by extreme federal anti-marijuanism in the form of the DARE program in the public school, the blitzkrieg of Partnership for a Drug-Free America ads polluting media airwaves and omnibus federal crime bills overloaded with severe and costly penalties (i.e., mandatory minimum sentencing, civil forfeiture, mass drug testing, etc…). However, since the turn of the century, there have been ever-increasing public discussions and debates about marijuana prohibition–principally driven by the creation and implementation of medical cannabis laws in thirteen states–which is leading to greater public support for reform.

Breaking News: NORML has just learned that the TaxCannabis2010 initiative in California has gathered more than enough signatures to qualify for the 2010 ballot and the announcement of such is imminent (like, this week!).

This coming year the following states will have numerous cannabis law reform legislation or initiatives:

Medical Cannabis

State legislation: MN, IL, MO, OH, TN, MD, NC, PA, DE, OH, WI, NY, CT, MA, NH and TX; NJ has a special legislative session going on right now until January 7, 2010 where a pro-reform medical cannabis bill is pending and the outgoing Governor assures a signature to passed legislation.

Voter Initiatives: AZ

Cannabis Legalization

State legislation: VT, MA, WA; CA’s legalization bill (AB 390) will kickoff a smoking hot year in cannabis law reform with a series of planned subcommittee hearings and testimonies currently scheduled for the first week in January.

Voter Initiatives: TaxCannabis 2010 appears ballot bound and this means that Californians will have the opportunity on November 9, 2010 to effectively end cannabis prohibition in the United States, and arguably most of the of the civil world. Also, Nevada and Oregon voters may also be voting on cannabis legalization initiatives in 2012.

In a country where one out of eight citizens live in a particularly state, and that state’s citizens democratically vote to end cannabis prohibition and replace it with tax-and-control measures, it is only a matter of time before a number of other states follow suit, then the federal government must end it’s failed three-quarter of a century social experiment of cannabis prohibition.