NORML’s Weekly Legislative Round Up

January 2012 marks the beginning of a new legislative session in all 50 states. Already, marijuana law reform legislation is pending (or has been pre-filed) in over a dozen states. To keep up to date with what’s pending, and how you can support marijuana-friendly reform measures in your state, please visit NORML’s ‘Take Action Center’ here.

You can also stay abreast of 2012 statewide ballot initiative efforts, such as those ongoing in Colorado and elsewhere, via NORML’s Legalize 2012 Facebook page here.

Below is this week’s edition of NORML’s Weekly Legislative Round Up — where we spotlight specific examples of pending marijuana law reform legislation from 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. Get active; get NORML!

ALABAMA: The Michael Phillips Compassionate Care Act (HB 25) which seeks to enact legal protections for authorized medical marijuana patients, has been marked for reintroduction in the Alabama Legislature for the session starting on February 7th. It is currently assigned to the House Committee on Health. A separate medical cannabis bill, House Bill 66, has also been prefiled in the House and is also before to the House Committee on Health, while a third measure that seeks to reduce penalties on adult cannabis possession is anticipated to be introduced shortly. You can learn more about these efforts via NORML’s ‘Take Action Center’ here.

INDIANA: Senate lawmakers heard testimony on Tuesday, January 24, in favor of legislation, SB 347, to decriminalize marijuana possession penalties in Indiana. Lawmakers on Senate Committee on Corrections, Criminal, and Civil Matters did not vote on the measure. Therefore, there is still time for constituents to contact their Senate members and encourage them to support marijuana law reform. You can do so via NORML’s ‘Take Action Center’ here. A separate House measure, HB 1370, that seeks to legalize the use of cannabis for medicinal purposes, is pending before the House Committee on Public Policy.

KANSAS: House Bill 2330, which seeks to enact legal protections for authorized medical marijuana patients, was heard by the House Committee on Health and Human Services on Tuesday, January 24th. You can read media coverage of the hearing here and here. You can track the progress of this measure and contact your state elected officials regarding HB 2330 here.

NEW HAMPSHIRE: Members of the House Criminal Justice Committee heard testimony on Thursday, January 25, in favor of House Bill 1705, which seeks to allow adults age 21 or over to use marijuana legally in their home. The measure also seeks to establish a regulated cannabis market governing the wholesale production and sale of marijuana. Non-commercial transactions involving less than one ounce of cannabis would not be subject to state taxation or regulation under the measure. You can watch clips from the hearing here and you can contact your elected officials in support of the measure here.

The House Criminal Justice Committee is also scheduled to hear testimony this Thursday in favor of separate legislation, HB 1526, which seeks reduce the penalties on minor marijuana possession offenses (up to one ounce) from a criminal misdemeanor punishable by up to one year in jail and a $2,000 fine to a nominal monetary penalty of no more than $100.00. To contact your House representative regarding HB 1526, please visit NORML’s ‘Take Action Center’ here.

VIRGINIA: Legislation seeking to establish a joint study committee to investigate the fiscal impact of regulating the production and sale of marijuana to adults 21 and over is anticipated to be heard by the Virginia House Committee on Rules as soon as this Thursday. You can read NORML’s published op/eds in support of this measure here and here. To learn more about House Joint Resolution 140, please visit Virginia NORML or contact your state officials here.

NORML’s Weekly Legislative Round Up

January 2012 marks the beginning of a new legislative session in all 50 states. Already, marijuana law reform legislation is pending (or has been pre-filed) in nearly a dozen states. To keep up to date with what’s pending, and how you can support marijuana-friendly reform measures in your state, please visit NORML’s ‘Take Action Center’ here.

You can also stay abreast of 2012 statewide ballot initiative efforts, such as those ongoing in Colorado and elsewhere, via NORML’s Legalize 2012 Facebook page here.

Below is this week’s edition of NORML’s Weekly Legislative Round Up — where we spotlight specific examples of pending marijuana law reform legislation from 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. Get active; get NORML!

ARIZONA: Legislation has been reintroduced to defelonize marijuana possession penalties in Arizona. House Bill 2044 amends state law so that the adult possession of up to one ounce of marijuana is reduced from a potential felony (punishable by 1.5 years in prison and a $150,000 fine) to a “petty offense” punishable by no more than a $500 fine. You can contact your state House member in support of this measure here.

CALIFORNIA: State lawmakers have until January 27 to act on a pair of 2011 marijuana reform measures. Assembly Bill 1017 would reduce penalties for marijuana cultivation from a mandatory felony to a “wobbler” or optional misdemeanor. Senate Bill 129 makes it unlawful “for an employer to discriminate against” persons who are authorized under state law to use medical cannabis. You can learn more about these important measures by visiting the California NORML website here. You can read my testimony in favor of SB 129 here.

INDIANA: For the first time in recent memory, legislation has been introduced to ‘decriminalize’ marijuana possession penalties in Indiana. Senate Bill 347 amends state law so that the adult possession of up to three ounces of marijuana is reduced from a potential felony (punishable by up to three years in prison and a $10,000 fine) to a noncriminal infraction. Senate Bill 347 also amends Indiana’s traffic safety code to halt the prosecution of motorists who test positive for the presence of inactive marijuana metabolites in their urine (so-called zero tolerance per se legislation) but who do not otherwise manifest any other evidence of behavioral impairment. Indianans are strongly encouraged to contact their state Senators in support of SB 347 via NORML’s ‘Take Action Center’ here.

NEW JERSEY: A coalition of lawmakers have pre-filed legislation for introduction in the 2012 session to significantly reduce penalties for those who possess personal use quantities of marijuana. Assembly Bill 1465 removes criminal penalties for the possession of 15 grams or less of marijuana (presently punishable by up to six-months in prison and a $1,000 fine) and replaces them with civil penalties punishable by no more than a $150 fine. Additional information is available from NORML NJ here or via NORML’s ‘Take Action Center’ here.

VIRGINIA: Legislation seeking to establish a joint study committee to investigate the fiscal impact of regulating the production and sale of marijuana to adults 21 and over is before the Virginia House of Delegates. To learn more about House Joint Resolution 140, please visit Virginia NORML or consider contacting your state officials here.

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

Write to Women Behind Bars for Marijuana

The NORML Women’s Alliance has teamed up with the webzine Freedom is Green to encourage reform advocates to write letters to women serving time behind bars for marijuana-related offenses.

Several studies suggest a prisoner’s mental health is dependent on their contact with the outside world. For many, mail correspondences are their primary contact with the public.

Many of the women incarcerated for marijuana offenses are isolated and alone.  Receiving any outside communication from the public can be the highlight of their week or month.  These small gestures let them know that they are not forgotten, and that the NORML Women’s Alliance is here to support and comfort them.

Recently, the NWA and Freedom Is Green collected letters for Patricia Spotted Crow, a first time offender from Oklahoma who was sentenced to 10 years behind bars for selling $30 worth of marijuana. Here is her heartfelt response to this small gesture from the outside world:

Want to write a marijuana prisoner?

Beth Mann of Freedom is Green provides some guidelines for individuals who are interested in writing to women (and men) that are in prison for marijuana-related crimes: “What should you write? Anything. Prisoners benefit from seemingly mundane letters about your daily life to words of inspiration to pieces of creative writing to news or current events. The important part is simply reaching out.”

[Note: We are focusing on one prisoner at a time. Right now we are sending letters to Patricia Spotted Crow. Please send a letter appropriate for her.  Soon we will focus on other prisoners.]

Please keep in mind that all of the prisoner’s mail is read by authorities.

- Please send text only, no images or attachments
- Put the prisoner’s name in subject line of email
- Send separate emails for each prisoner
- Up to 1,000 words per letter
- By sending a letter through freedomisgreen.com we may contact you and ask that your letter be posted on the site to bring awareness to victims of prohibition. You may decline and we will still forward your letter directly to the prisoner.

- Send your emails to marijuanaprisoners@gmail.com

Questions? chris@freedomisgreen.com

Philadelphia: City Saves Millions By Ceasing Criminal Marijuana Prosecutions

The city of Philadelphia saved an estimated $2 million last year by ceasing criminal prosecutions for minor marijuana offenses, according to comments made last week by District Attorney Seth Williams to the Philadelphia Daily News.

In April 2010, Williams publicly announced a citywide policy change whereby law enforcement officials would issue a summons rather than arrest and criminally prosecute minor marijuana offenders. Philadelphia NORML had actively lobbied for the policy change after finding that the city punished minor marijuana violations more severely than many neighboring counties. A February 2010 Philly NORML report also found significant racial disparities in the city’s marijuana prosecutions – noting that African American males comprised an estimated 83 percent of all persons in Philadelphia arrested for minor marijuana possession offenses.

The new enforcement policy took effect in June 2010.

Approximately 4,160 defendants were diverted under the program, called the Small Amount of Marijuana (SAM), during its first year, the Philadelphia Daily News reported. Defendants in the program pay a $200 fine to attend a three-hour drug awareness class. Those who complete the class and pay the fine do not have to appear in criminal court and will not have a criminal record.

Previously, minor (under 30 grams) marijuana possession offenders in Philadelphia were criminally prosecuted with a misdemeanor offense punishable by up to 30 days probation or jail time, a $500 fine, and a criminal record.

“There’s no reason to waste tax dollars on harsh prohibition enforcement,” said Chris Goldstein, media coordinator for Philly NORML and publisher of FreedomIsGreen.com. “Removing the criminal penalties for marijuana possession helps to pay for firefighters, ambulances, and other necessary services. It’s that simple.”

Additional information on this story will appear in this week’s NORML media advisory. Sign up to receive NORML’s news advisories free online 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.