In this week’s Round Up we’ll update you regarding the status of a number of state and local ballot measures, and we’ll also highlight new legislation signed into law this week in Delaware. Plus we’ll give you the details on the latest Governor to endorse marijuana decriminalization. Keep reading below to get this week’s news in marijuana law reform!
Arizona: The Supreme Court this week rejected a lawsuit that sought to prohibit Proposition 205, the Arizona Regulation and Taxation of Marijuana Act, from going before voters this November. The Act allows adults twenty-one years of age and older to possess and grow specified amounts of marijuana (up to one ounce of marijuana flower, up to five grams of marijuana concentrate, and/or the harvest from up to six plants). It creates a system for licensed businesses to produce and sell marijuana and establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana.
Voters in four additional states, California, Maine, Massachusetts, and Nevada, will also be deciding on similar adult use initiatives on Election Day.
Arkansas: The Secretary of State’s office this week certified that a competing medical marijuana initiative, the Arkansas Medical Marijuana Amendment, will also appear on the electoral ballot in November. Unlike Issue 7, The Arkansas Medical Cannabis Act, this second initiative does not include provisions allowing eligible patients to cultivate their own cannabis at home.
Statewide polling reports greater public support for the Medical Cannabis Act. Under state law, if voters approve both measures the one that receives the greatest number of votes will become law.
Voters in three additional states, Florida, North Dakota, and Montana, will decide on similar medical use measures in November. In Missouri, campaigners are litigating to ask the courts to review signature totals in the state’s second Congressional district.
Colorado: A municipal initiative effort that sought to permit for the adult use of marijuana in licensed establishments failed to qualify for the November ballot. The Responsible Use Denver initiative, backed by Denver NORML, needed 4,726 signatures to qualify for inclusion on November ballot. The campaign submitted more than 7,500 signatures, but just 2,987 were verified as eligible by the Denver Elections Division. The Campaign posted: “We are sad to report that our language did not make the November ballot. We plan to continue pushing the conversation with the city of Denver. Our opinion remains the same, that we have what we feel is the best solution for the city of Denver. Thank you to everyone that has supported us on this journey.” City officials did confirm that a separate municipal initiative seeking to establish a ‘Neighborhood-Supported Cannabis Consumption Pilot Program’ will appear on November’s ballot.
Delaware: Governor Jack Markell signed legislation into law this week permitting terminally ill patients to access medical cannabis. House Bill 400 (aka ‘Bob’s bill’) permits physicians to recommend cannabis therapy to terminally ill adults. It also permits those under 18 to access CBD products if they are suffering from “pain, anxiety, or depression” related to a terminal illness.
The new law takes effect at the end of November.
Oklahoma: State Question 788, a statewide initiative to establish a state-licensing system to permit eligible patients to possess and cultivate personal use quantities of cannabis for therapeutic purposes, is unlikely to appear on the 2016 electoral ballot. Although the Secretary of State has certified that initiative proponents collected sufficient signatures, proponents are now challenging the attorney general’s rewording of the ballot title. The legal challenge could force the issue to be decided in a special election. Updated information regarding this initiative campaign may be found on NORML’s 2016 initiatives page.
Pennsylvania: Governor Tom Wolf expressed support for marijuana decriminalization this week stating, “too many people are going to prison because of the use of very modest amounts or carrying modest amounts of marijuana, and that is clogging up our prisons, it’s destroying families, and it’s hurting our economy.”
Marijuana decriminalization legislation, House Bill 2076, is currently pending before members of the House Judiciary committee. The legislation would amend the state’s controlled substances act so that minor marijuana possession offenses are considered a non-criminal offense. Contact your state House members and urge them to support this common sense legislation. #TakeAction
Tennessee: Members of the Nashville Metro Council voted 32 to 4 to approve legislation to lessen local marijuana possession penalties. The proposal amends penalties for the possession of or exchanging of up to one-half ounce of marijuana to a $50 civil penalty or 10 hours of community service. The vote was the first of three the bill will receive; it is the first time a marijuana decriminalization measure was considered by the legislative body.
Under current state law, individuals convicted of possession of less than one ounce of marijuana face a misdemeanor charge that is punishable of up to one year in jail and a $2,500 fine. If you live in Nashville, consider contacting your Council member and urging them to support this common sense measure.
Senate Bill 2228 reduces the penalties for the possession of up to 10 grams of marijuana from a criminal misdemeanor (formerly punishable by up to six months in jail and a $1,500 fine) to a civil fine of no more than $200 — no arrest and no criminal record.
It also decriminalizes related offenses involving the possession of marijuana paraphernalia.
Senate Bill 2228 also amends the state’s zero tolerance per se traffic safety law, stating that the presence of THC in blood at levels below 5ng/ml “shall not give rise to any presumption that the person was or was not under the influence of cannabis.”
The full text of the measure is available here.
According to the ACLU, Illinois police arrest some 50,000 individuals annually for marijuana possession offenses — ranking #5 in the nation in per capita marijuana possession arrests.
Illinois becomes the third largest state to decriminalize minor marijuana possession offenses.
Over the weekend the Democratic National Committee voted to endorse a “reasoned pathway to future legalization” of marijuana and called on the federal government to downgrade marijuana from it’s current Schedule 1 of the United States Controlled Substances Act.
In an 81-80 vote, the following language was added as part of the Democratic party’s official 2016 platform:
“Because of conflicting laws concerning marijuana, both on the federal and state levels, we encourage the federal government to remove marijuana from its list as a Class 1 Federal Controlled Substance, providing a reasoned pathway for future legalization.”
Previously, a 15-person panel of the Democratic National Committee voted to include the following language which will also be included in the party platform:
“We believe that the states should be laboratories of democracy on the issue of marijuana, and those states that want to decriminalize marijuana should be able to do so. We support policies that will allow more research on marijuana, as well as reforming our laws to allow legal marijuana businesses to exist without uncertainty. And we recognize our current marijuana laws have had an unacceptable disparate impact, with arrest rates for marijuana possession among African Americans far outstripping arrest rates among whites, despite similar usage rates.”
While the language that was originally approved by the panel sufficiently addressed marijuana law reform as a party priority, the additional amendment which nods towards future legalization, bodes well with advocates all around. This is surely a large step in the right direction by one of our country’s main political parties.
As the Democrats worked to finalize what faction of marijuana law reform they would like to endorse, the Republicans had a different debate on the subject.
On Monday, the Republican party voted not to endorse medical marijuana in their 2016 platform. And throughout the debate some of oldest marijuana myths were spouted as fact. Delegates contested that marijuana is linked to mental health issues, that mass murderers are all smoking pot, and that the heroin epidemic is a result of teenagers smoking weed. While there were some pro-medical marijuana delegates present and who attempted to push back at the theories, it was not enough to result in a medical marijuana endorsement by the party.
The Republican party missed their opportunity to endorse any language related to marijuana law reform which could have ranged from medical marijuana to simply endorsing the conservative principle of limited government, allowing states to move forward with their reforms free from federal interference.
It’s a wonder how one political party has come so far in acknowledging scientific fact and public opinion, which puts voter approval for medical marijuana at 78 percent and voter approval for adult marijuana use at 61 percent, while another political party seems so far from that same point.
As predicted, 2016 is turning out to a historic year for the marijuana legalization movement. With three statewide initiatives already cleared for the November ballot (Florida, Nevada, Maine) and several other initiative campaigns awaiting certification, there has never been a greater need for grassroots marijuana activism. From gathering signatures and making volunteer recruitment calls, to data entry and talking face to face with voters, there is still plenty of work to be done. To get involved today, simply follow the three easy steps below!
First, please consider becoming a member of our organization (NORML Membership). In addition to being a part of the nation’s longest serving marijuana law reform group and getting a great membership package, we have compiled an extensive collection of fact-based information that you can use to support your efforts as you engage lawmakers in your community. Regardless of the point you’re trying to make (recreational, medical, hemp, CBD, etc.) you’ll find recent studies, articles and other resources that will help reinforce your argument (NORML Library).
Second, if there isn’t already a NORML affiliate in your community (Chapter Locator), I encourage you to begin the process of forming your own chapter. For more than 40 years, NORML affiliates and chapters have been leading reform conversations on the local and state level, and they continue to be the driving force behind policy decisions regarding marijuana. If this is something that you’d like to be a part of, please take a few minutes to review NORML’s new Chapter Starter Packet. It will serve as your number one resource as you get started. If you need help finding others to join you, I’m happy to help connect you with people in your area.
Third, start contacting your local, state and federal representatives about pending marijuana-related legislation by using our online Action Alert Center. We’re constantly monitoring dozens of marijuana-related bills from around the country so we’re able to provide you with the most up-to-date legislative alerts and talking points. In addition to advocating for marijuana law reform using the legislative process, we also welcome the opportunity to work with your organization to draft a municipal ordinance, similar to the ones recently adopted by local governments in Ohio and Florida.
I look forward to working with you to establish a new community of marijuana activists in your state! For more information about forming a NORML chapter or getting involved with marijuana law reform efforts, please email KevinM@NORML.org or visit NORML.org.
Great news for marijuana consumers in Kansas City, Missouri! After months of back and forth meetings with city officials, NORML KC, the local chapter of the National Organization for the Reform of marijuana laws, has received approval to move forward with a municipal initiative to decriminalize marijuana possession offenses. If passed, the measure will amend local laws regarding the possession of up to 35 grams of marijuana for adults age 21 and up from a criminal misdemeanor, punishable by up to 6 months in jail and a $1,000 fine to a civil offense punishable by a $25 fine — no arrest or criminal record. Read the full text of the initiative by clicking, here!
With a deadline of August 25, 2016 to collect the 1,703 signatures needed to qualify the initiative for a vote, the organization’s executive director, Jamie Kacz, is hoping to gather more than 2,300 to offset the possibility of some signatures being deemed invalid. Mrs. Kacz and her volunteers started the process of collecting signatures during last week’s First Friday Art Festival at the Crossroads Art District and will continue to work hard over the next twelve weeks.
“Current laws are unreasonably harsh and now is the perfect opportunity to make a change. It’s time for Kansas City to take this sensible step forward,” Kacz said. “This will be a grassroots effort and passionate volunteers will be an essential part of our efforts”.
If you live in Kansas City, be on the lookout for volunteers with NORML KC as they’re out and about with petitions looking to reform your city’s marijuana laws! Make sure you follow NORML KC on Facebook and Twitter to stay up to date with future events and announcements!