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decriminalization

  • by Danielle Keane, NORML Political Director March 18, 2016

    map_leafWe’ve got a new federal bill to share with you this week along with several state legislative developments! Keep reading below to get the latest in marijuana law reform.

    Federal: Congressman Jason Chaffetz (R-UT) introduced H.R. 4779, the CBD Oil Act of 2016 this week. This legislation would bar prosecution of individuals who use cannabidiol (CBD) oil for medical purposes as permitted by existing state law. Currently, 15 states have laws on the books to allow for the use of CBD products for medicinal purposes. Utah Governor Herbert has come out in support of the bill saying: “I support Rep. Chaffetz in his effort to alleviate the fear that many Utah families face over conflicting state and federal laws regarding cannabis oil. This legislation resolves that concern by respecting decisions made at the local level.”

    This legislation joins five other pending bills on the federal level to to permit and/or protect patient access to CBD. You can find the other pending legislation here.

    State:

    Alabama: Legislation is pending, House Bill 257, to amend state law so that first time offenders of one ounce or less of marijuana face a civil fine, no arrest and no criminal record. Current law defines the personal possession of marijuana as a Class A misdemeanor, punishable by up to a year in jail and a fine up of to $6,000.

    The legislation is currently pending before the House Judiciary Committee. #TakeAction

    Florida: Members of the Tampa city council voted 5 to 1 to amend local laws so that the possession of 20 grams or less of cannabis within city limits is a non-arrestable, fine-only offense. First-time offenders face a $75 fine, while multiple offenders could face fines up to $450. By contrast, Florida law defines similar possession offenses as a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine.

    Tampa’s pending law is similar to those recently enacted in a number of Florida counties, including Miami-Dade, West Palm Beach, and Volusia, as well as in several other metropolitan areas, such as Philadelphia and Milwaukee.

    Georgia: House lawmakers have resurrected language to expand the state’s medical cannabis law. Provisions previously contained in House Bill 722 have been attached to separate legislation, which is expected to be decided upon by a floor vote imminently. House lawmakers previously approved the measure last month, but Senate lawmakers were unwilling to take up the issue.

    As amended, the language expands the pool of patients eligible for certain medical marijuana products to include autism spectrum disorder, AIDS, a skin disease known as epidermolysis bullosa, peripheral neuropathy, Tourette’s syndrome and post-traumatic stress disorder, and protects patients against various discriminatory practices. #TakeAction

    Louisiana: Members of the New Orleans city council voted 7 to zero in favor of legislation permitting police to cite rather than arrest minor marijuana offenders (defined as those who possess 14 grams or less), including repeat offenders. First-time violators are subject to a $40 fine while subsequent offenders may face fines of up to $100. Under state law, first-time possession offenders are subject to arrest and criminal prosecution (punishable by up to 15 days in jail) while repeat offenders face up to eight years in prison.

    Pennsylvania: After months of delay, House members approved legislation in a 149-3 vote on Wednesday to permit the production and use of medical marijuana products to qualified patients.The amended bill permits state officials to license marijuana cultivators and dispensaries to provide cannabis products to qualified patients who possess a recommendation from select physicians. The measure permits for the dispensing of herbal cannabis via vaporization, as well as the use of marijuana-infused extracts or oils.Because the House-amended legislation differs from the version initially approved by the Senate, the bill must be reapproved by the Senate or it will be negotiated in conference committee. #TakeAction

    Tennessee: Legislation is pending, HB 2310 and SB2321, to place a referendum before voters this November that would provide local law enforcement the option of citing rather than arresting adults who are caught in possession of one ounce or less of marijuana. If the referendum is approved by voters, the option to arrest or cite minor offenders will be at the discretion of law enforcement.

    An analysis of 2012 marijuana possession arrests reports that police annually arrest over 19,000 Tennesseans for minor marijuana possession offenses. This is the 15th highest statewide tally in the nation. House Bill 2310 has been scheduled to be heard by members of the House Criminal Justice Subcommittee on March 22nd. #TakeAction

    Vermont: The House Judiciary Committee held it’s first walk-through this week related to S.241, the measure to regulate the adult use, production, and sale of cannabis. Though the Senate has approved the measure, it’s expected to be a difficult road to win the House over. If you live in Vermont it’s important to contact your lawmakers and urge their support for this measure! #TakeAction

  • by Paul Armentano, NORML Deputy Director March 17, 2016

    fifty_dollar_fineLocal legislators in New Orleans, Louisiana and Tampa, Florida voted today in favor of municipal ordinances to halt minor marijuana possession arrests within city limits.

    Members of the New Orleans city council voted 7 to zero in favor of legislation permitting police to cite rather than arrest minor marijuana offenders (defined as those who possess 14 grams or less), including repeat offenders. First-time violators are subject to a $40 fine while subsequent offenders may face fines of up to $100. Under state law, first-time possession offenders are subject to arrest and criminal prosecution (punishable by up to 15 days in jail) while repeat offenders face up to eight years in prison.

    Members of the Tampa city council voted 5 to 1 to amend local laws so that the possession of 20 grams or less of cannabis within city limits is a non-arrestable, fine-only offense. First-time offenders face a $75 fine, while multiple offenders could face fines up to $450. By contrast, Florida law defines similar possession offenses as a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine.

    Tampa’s pending law is similar to those recently enacted in a number of Florida counties, including Miami-Dade, West Palm Beach, and Volusia, as well as in several other metropolitan areas, such as Philadelphia and Milwaukee.

  • by Danielle Keane, NORML Political Director

    Cropped SmigielThe NORML PAC has endorsed Mike Smigiel for U.S. House of Representatives in Maryland’s 1st Congressional District.

    Smigiel, a former delegate in Maryland’s House of Delegates serving from 2003-2015, is challenging incumbent and anti-marijuana Congressman Andy Harris in the Republican primary. Congressman Harris became infamous for stepping between Washington D.C. and marijuana legalization when he attached a rider to an annual spending bill barring the district from implementing a recreational market following the District’s approval of Initiative 71.

    Smigiel on the other hand is a strong marijuana advocate, having sponsored a bill in Maryland that passed in 2014 to decriminalize marijuana. He supports eliminating all criminal penalties for the responsible use of marijuana by adults and additionally, supports state’s rights to move forward with full legalization.

    “Mike is an ardent supporter of marijuana law reform and has worked across party lines to implement real policy change in Maryland. NORML is proud to support his bid for Congress and we are looking forward to having another ally on Capitol Hill.” says NORML Political Director Danielle Keane.

    Recent polling shows that 58% of the voters in the 1st District would not vote for Andy Harris if they knew he was opposed to the decriminalization of Marijuana. If Mike Smigiel can get that message out he can unseat Andy Harris. You can find out more about Mike and his campaign by visiting his website or Facebook and if you wish to join NORML in supporting his campaign click here.

    For more information on the NORML PAC click here.

  • by Paul Armentano, NORML Deputy Director March 15, 2016

    legalization_pollFifty-two percent of registered voters support legalizing marijuana “for recreational use,” according to national tracking poll data compiled by Morning Consult — a Washington DC consulting firm. Forty-three percent of respondents polled said that they oppose legalization and five percent were undecided.

    Respondents between the ages of 18 to 29 (63 percent), Democrats (61 percent), and those aged 30 to 44 (60 percent) were most likely to support legalization. Republicans (37 percent) and those age 65 or older (36 percent) were least likely to be supportive.

    In response to separate polling questions, 68 percent of respondents said that they support legalizing marijuana “for medical use.” Fifty-nine percent endorse decriminalizing marijuana, defined as “no arrest, prison time, or criminal record for the first-time possession of a small amount,” and 83 percent of respondents said that cannabis did not belong classified as a schedule 1 controlled substance under federal law.

    The poll possesses a margin of error of +/- 2 percent.

    The Morning Consult polling data is similar to those of other recent national polls, such as those by reported by Gallup, CBS, and Pew, finding that a majority of Americans now support ending marijuana prohibition.

  • by Danielle Keane, NORML Political Director February 12, 2016

    map_leafWe’ve got news from all levels of government this week! International, federal, state, and local law reform changes are all being considered. Keep reading below to see if any pending reforms would affect you or your community!

    International:

    Tim Faron, leader of one of Great Britain’s main political parties, called for the legalization of cannabis for recreational use this week. He also announced that his party would be imminently releasing a report making the case for a legalized market for sales. The Liberal Democrats leader said: “I personally believe the war on drugs is over. We must move from making this a legal issue to one of health. The prime minister used to agree with me on the need for drug reform. It’s time he rediscovered his backbone and made the case again.”

    Federal:

    Senator Elizabeth Warren (D-MA) wrote a letter this week to the head of the Center for Disease Control and Prevention (CDC) urging the agency to research cannabis access as a potential mitigating factor in opioid abuse. Population data from states where medicinal cannabis is permitted report lower rates of opioid-abuse  and mortality as compared to those states where the plant is prohibited. Clinical data and case reports also indicate that the adjunctive use of cannabis may wean patients from opiates while successfully managing their pain. Survey data of state qualified medical cannabis patients indicate that subjects with access to the plant often substitute it for opioids because they perceive it to possess fewer adverse side effects.

    Also, Senate members this week introduced The Stopping Unfair Collateral Consequences from Ending Student Success Act, or SUCCESS Act, which repeals language in the Higher Education Act that strips students of financial aid because of a past drug offense, and removes the drug conviction question from the FAFSA form. #TakeAction 

    State:

    California: The California Medical Association has officially endorsed the Control, Regulate and Tax Adult Use of Marijuana Act, a pending statewide ballot initiative that seeks to legalize and regulate adult marijuana use and sales in the state. The California Medical Association represents more than 41,000 physician members statewide. Additionally, the NAACP California chapter has also endorsed the initiative.

    Illinois: Legislation, HB 6199, is pending in the General Assembly to add post-traumatic stress disorder to the definition of ‘debilitating medical condition’ and to allow state-registered medical cannabis patients to retain gun ownership rights. #TakeActioncannabis_pills

    Mississippi: Senate legislation was introduced this week to permit qualified patients to legally possess and cultivate cannabis. Senate Bill 2358 permits patients with a “debilitating medical condition” to engage in marijuana therapy in accordance with a physician’s recommendation. The measure also reschedules marijuana under state law. #TakeAction

    New Mexico: Legislation opposed by NORML, HB 195 has narrowly passed the House of Representatives. The bill would prohibit workers compensation insurers from reimbursing employees who qualify for medical cannabis access for injuries sustained on the job. The measure now awaits Senate action. Please contact your Senate member today and urge him or her to vote ‘no’ on HB 195 and/or its companion measure SB 245. #TakeAction

    New Jersey: Legislation was introduced this week to end workplace discrimination against medical marijuana patients. Assembly Bill 2482, if enacted, would halt employers from taking adverse employment actions against authorized medical marijuana patients who engage in the plant’s use during their off-hours. #TakeAction

    Pennsylvania: A local decriminalization ordinance is being considered by the Harrisburg City Council. The council’s public safety committee plans to hold a public hearing on the matter in the coming weeks. If you live in Harrisburg, contact your City Council member and urge their support for this measure! We’ll keep you updated as this measure moves forward.

    Vermont: Members of the Senate are anticipated to decide imminently on legislation to regulate the adult use, production, and sale of cannabis. Media reports indicate that the floor vote could come the week of February 16. The vote is expected to be a close one; therefore, we are urging supporters to contact their Senate members over the coming days and to urge them to vote ‘yes’ for Senate Bill 241. If approved by the Senate, the bill will face further debate in the House. #TakeActionlegalization_poll

    Virginia: Senate lawmakers have approved legislation, Senate Bill 327, to amend state law so that first time, minor marijuana offenders no longer face the loss of their driver’s license. Under existing law, marijuana possession offenses may be punishable by the loss of driving privileges, even in cases where the offense did not take place in a motor vehicle. Passage of SB 327 would end this practice. #TakeAction

    Washington D.C.: Members of the D.C. Counsel this week approved a measure that would prohibit potential employers in the District from testing applicants for marijuana until after they’ve made a conditional job offer. Councilmember Vincent Orange, who sponsored the measure said, “District residents shouldn’t have to worry about lost job opportunities just because they’ve smoked pot, especially now that the city has voted to legalize marijuana possession.” The measure is still under congressional review.

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