2011: The Year In Review – NORML’s Top 10 Events That Shaped Marijuana Policy

#1 NORML Sues to Halt Government’s Prosecution of Medical Cannabis Providers
In October, the United States Deputy Attorney General, along with the four US Attorneys from California, announced their intentions to escalate federal efforts targeting the state’s medical cannabis dispensaries and providers. In response, members of the NORML Legal Committee filed suit in November against the federal government arguing that its actions were in violation of the Ninth, Tenth, and Fourteenth Amendments of the US Constitution. Plaintiffs further argued, using the theory of judicial estoppel, that the Justice Department had previously affirmed in federal court that it would no longer use federal resources to prosecute cannabis patients or providers who are compliant with state law. NORML’s lawsuit remains pending. Read the full story here.

#2 Members of Congress Introduce First Bill Since 1937 to Legalize Cannabis
House lawmakers introduced legislation in Congress in June to end the federal criminalization of the personal use of marijuana. The bipartisan measure – HR 2306, the ‘Ending Federal Marijuana Prohibition Act of 2011′ – prohibits the federal government from prosecuting adults who use or possess cannabis by removing the plant and its primary psychoactive constituent, THC, from the five schedules of the United States Controlled Substances Act of 1970. The bill awaits Congressional action. Read the full story here.

#3 Gallup: Majority of Americans Support Legalizing Cannabis
A record 50 percent of Americans now believe that marijuana ought to be legalized for adult use, according to a nationwide Gallup poll of 1,005 adults published in October. The 2011 survey results mark the first time ever that Gallup has reported that more Americans support legalizing cannabis (50 percent) than oppose it (46 percent). Read the full story here.

#4 Over One Million Americans Now Use Cannabis Legally Under State Law
Between one million to one-and-a-half million US citizens are legally authorized by the laws of their state to use marijuana, according to data compiled in May by NORML from state medical marijuana registries and patient estimates. Read the full story here.

#5 Marijuana Prosecutions For 2010 Near Record High
Police made 853,838 arrests in 2010 for marijuana-related offenses according to the Federal Bureau of Investigation’s annual Uniform Crime Report, released in September. The annual arrest total is among the highest ever reported by the agency. Marijuana arrests now comprise more than one-half (52 percent) of all drug arrests in the United States. Read the full story here.

#6 Largest State Doctors Association Calls For Legalizing Cannabis
The California Medical Association in October called for the “legalization and regulation” of cannabis for adults. The association, which represents some 35,000 physicians, recommends that cannabis be taxed and regulated “in a manner similar to alcohol.” Read the full story here.

#7 Connecticut Decriminalizes Cannabis Possession Offenses
Statewide legislation took effect in July reducing 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. Read the full story here.

#8 Vaporized Cannabis Augments Analgesic Effect of Opiates in Humans
Vaporized cannabis significantly augments the analgesic effects of opiates in patients with chronic pain, according to clinical trial data published online in the journal Clinical Pharmacology & Therapeutics in November. Investigators surmised that cannabis-specific interventions “may allow for opioid treatment at lower doses with fewer [patient] side effects.” Read the full story here.

#9 State Governors Call on Obama Administration to Reclassify Cannabis
In December, governors from Rhode Island, Vermont, and Washington formally requested the Obama administration to reclassify cannabis under federal law in a manner that would allow states to regulate its therapeutic use without federal interference. The administration in July had previously rejected a nine-year-old petition calling on the agency to initiate hearings to reassess the present classification of marijuana as a schedule I controlled substance without any ‘accepted medical use in treatment.’ Read the full story here.

#10 Delaware Becomes 16th State to Legalize Limited Medical Use of Marijuana
State lawmakers in May approved legislation to allow patients with a qualifying illness may legally possess up to six ounces of cannabis, provided the cannabis is obtained from a state-licensed, not-for-profit ‘compassion center.’ The law is anticipated to be implemented in 2012. Read the full story here.

America’s One Million Legalized Marijuana Users

At Least 1 – 1.5 Million Americans are Legal Medical Marijuana Patients

Market for these patients in sixteen states and D.C. estimated at between $2 – $6 billion annually

MAY 31, 2011 - We don’t know his or her name, but somewhere in one of sixteen states and the District of Columbia is America’s 1,000,000th legal medical marijuana patient. We estimate the United States reached the million-patients mark sometime between the beginning of the year to when Arizona began issuing patient registry identification cards online in April 2011.

16 states, the Capitol, and ONE MILLION legal marijuana users.

Between one to one-and-a-half million people are legally authorized by their state to use marijuana in the United States, according to data compiled by NORML from state medical marijuana registries and patient estimates.  Assuming usage of one-half to one gram of cannabis medicine per day per patient and an average retail price of $320 per ounce, these legal consumers represent a $2.3 to $6.2 billion dollar market annually.

Based on state medical marijuana laws, the amounts of cannabis these legal marijuana users are entitled to possess means there is between 566 – 803 thousand pounds of legal usable cannabis allowed under state law in America.  These patients are allowed to cultivate between 17 – 24 million legal cannabis plants.  There may possibly be more, as California and New Mexico “limits” may be exceeded with doctor’s permission and some California counties explicitly allow greater amounts, so there may be as much as 1 million pounds of state-legal cannabis allowed under state law in America.

Yet after fifteen years, one million patients, and a million pounds of legal marijuana, few if any of the dire predictions by opponents of medical marijuana have come to fruition.  Medical marijuana states like Oregon are experiencing their lowest-ever rates of workplace fatalities, injuries, and accidents.  States like Colorado are experiencing their lowest rates in three decades of fatal crashes per million miles driven.  In medical marijuana states for which we have data (through Michigan in 2008), use by minor teenagers is down in all but Maine and down by at least 10% in states with the greatest proportion of their population using medical cannabis. (more…)

Sweet Sixteen: Delaware Governor Signs Medical Marijuana Bill Into Law

Earlier this morning Delaware Governor Jack Markell signed legislation to make the “First State” the sixteenth to approve the physician supervised use of medical marijuana. This measure will allow qualifying patients to possess up to 6 ounces of usable marijuana acquired from any of three state-supervised distribution centers. Qualifying conditions for the program include cancer, HIV/AIDS, multiple sclerosis, amyotrophic lateral sclerosis (ALS), Alzheimer’s disease and post-traumatic stress disorder. Full text of the bill can be read here.

NORML would like to thank all of the activists who contacted their State Senators and Representatives in support of this important legislation. The law must now undergo a one year regulatory and licensing process before the state’s three dispensaries begin operation. We will be sure to keep you posted on Delaware’s medical marijuana program as it develops.

NORML’s Weekly Legislative Round Up

For a listing of all of the pending marijuana law reform proposals that NORML is tracking, please visit NORML’s ‘Take Action Center’ here. (For a map of pending legislation, please visit here.)

Delaware: House and Senate lawmakers have given final approval to legislation, Senate Bill 17, which allows for the state-authorized use and distribution of medical cannabis. Senate Bill 17, The Delaware Medical Marijuana Act amends state law so that patients with an authorized “debilitating medical condition” can possess and consume cannabis (up to six ounces) obtained from state-licensed facilities. The measure provides for the establishment of at least one non-profit ‘compassion center’ per county that would be licensed by the state to produce and dispense medical cannabis. The measure now goes before Gov. Jack Markell, a Democrat, who is expected to sign it. If SB 17 becomes law, Delaware will become the sixteenth state since 1996 to allow for the physician-supervised use of marijuana.

Maryland: On Tuesday, Maryland Gov. Martin O’Malley signed legislation, Senate Bill 308, into law expanding the state’s eight-year-old ‘affirmative defense’ law. Senate Bill 308 removes fines and criminal penalties for citizens who, at trial, successfully raise an ‘affirmative defense’ establishing that they possessed limited amounts of marijuana for medical purposes. As initially introduced, SB 308 and its House companion bill sought to establish a government-regulated program to provide qualified patients with legal access to state-licensed producers and distributors of medical cannabis. However, the measure was rewritten after Maryland’s Department of Health secretary testified against it. State lawmakers are expected to revisit the possibility of regulating the production and distribution of medical marijuana next year, after the issue is further examined by a legislative ‘work group’ of medical, legal, and law enforcement professionals.

Vermont: House and Senate lawmakers last week gave final approval to Senate Bill 17, which allows state-licensed facilities to dispense marijuana to medically authorized patients. House lawmakers overwhelmingly backed the proposal despite last-minute warnings from the U.S. Justice Department alleging that SB 17 would conflict with federal anti-drug laws. As approved, each dispensary would be licensed by the state Department of Public Safety and would be permitted to serve up to 1,000 registered patients. Senate Bill 17 now goes to the desk of Governor Peter Shumlin, a Democrat, who is on record in support of the measure.

Connecticut: Members of the Joint Finance Committee this week voted 31 to 20 in favor of Senate Bill 1014, which amends state law so that the adult possession of marijuana is reduced from a criminal misdemeanor (punishable by one year in jail and a $1,000 fine) to a non-criminal infraction, punishable by a nominal fine, no jail time, and no criminal record. This measure would similarly reduce penalties on the possession of marijuana paraphernalia. Members of the Joint Judiciary Committee had previously approved the bill in April. The measure, which is backed by Gov. Dan Malloy, now moves to the Senate, where it faces potential resistance from lawmakers. If you reside in Connecticut, you can support this campaign and/or contact your Senate member in favor of SB 1014 via NORML’s ‘Take Action Center’ here.

California: The California Assembly is considering legislation, AB 1017, to reduce criminal penalties for marijuana cultivation. The bill seeks to downgrade cultivation from a mandatory felony to a “wobbler” or alternative misdemeanor. This would permit judges and DA’s to treat minor cultivation cases as misdemeanors, at considerable cost savings to both users and law enforcement. AB 1017 was approved by the Assembly Public Safety Committee by a 4-3 vote on May 3rd, and is now awaiting a vote by the full Assembly. You can urge your member of the Assembly to vote ‘yes’ on AB 1017 by clicking here.

New York: State Senate and Assembly lawmakers this week introduced bi-partisan legislation, Senate Bill 5187 and Assembly Bill 7620, seeking to reduce marijuana penalties and arrest violations involving cases where where marijuana was either consumed or allegedly possessed in public [NY State Penal Law 221.10]. Under present law, non-public possession of up to 25 grams of marijuana is a non-criminal civil citation, punishable by a $100 fine. However, in recent years, police — particularly in New York City — have misused Penal Law 221.10 to arrest tens of thousands of defendants who would have otherwise faced no more than a civil citation. Passage of SB 5187 and AB 7620 will save taxpayer dollars, protect citizens against illegal searches, and reduce unwarranted racial disparities in arrests by clarifying the law and standardizing penalties for marijuana possession offenses. If you live in New York state you can urge your state Senator and member of the Assembly to support these measures by visiting NORML’s ‘Take Action Center’ here.

Many States Moving Forward With Medical Marijuana Plans — Despite Recent Federal Warnings

Much has been made in the mainstream media in recent weeks regarding the federal government’s attempts to intimidate states into dropping their medical marijuana programs. But much less media attention has been paid to the reality that in several states, lawmakers are continuing to move forward with medical cannabis legalization efforts despite the Justice Department’s recent rhetorical smack-down.

Here’s a run down of the latest statewide developments and what you can do to help.

Connecticut: Members of the Joint Standing Committee on Public Health on Tuesday decided in favor of Governor’s Bill 1015, which amends state law to “authorize an individual to use marijuana for medical purposes as directed by a physician.” Members of the Judiciary had previously endorsed the bill, which is backed by Gov. Dan Malloy, in April. “States have a right to decide this for themselves,” Michael P. Lawlor, Gov. Dannel P. Malloy’s senior criminal justice adviser told The Connecticut Mirror this week. If enacted, Connecticut will become the sixteenth state since 1996 to authorize the state-sanctioned use of cannabis when recommended by a physician. You can support this effort via NORML’s ‘Take Action Center’ here.

Delaware: Lawmakers are in the final stages of making Delaware the sixteenth state to allow for the physician-authorized use of marijuana. On Thursday, May 5, House lawmakers approved an amended version of Senate Bill 17, The Delaware Medical Marijuana Act. Senate Bill 17 amends state law so that physician-supervised patients with an authorized “debilitating medical condition” can possess and use marijuana for medical purposes. The measure would also provide for the establishment of non-profit “compassion centers” that would be licensed by the state to produce and dispense medical cannabis. Because House lawmakers made amendments to the Senate version of the bill, the measure must return to the Senate for an additional vote. In March, members of the Delaware Senate voted 18 to 3 in favor of the measure. You can learn more about this measure and how to support it via NORML’s ‘Take Action Center’ here.

Ohio: Legislation that seeks to legalize the physician-supervised use of medical marijuana was reintroduced this week in the Ohio Legislature. House Bill 214, the Ohio Medical Compassion Act, amends state law so that physician-supervised patients with an authorized “debilitating medical condition” can possess and grow marijuana for medical purposes. Full text of the measure can be read here. HB 214 would allow qualifying patients to possess up to two hundred grams of usable marijuana and twelve mature cannabis plants. Qualifying patients from other medical marijuana states would be provided legal protection under this measure. HB 214 has been referred to the House Committee on Health and Aging, but has yet to be scheduled for a hearing. You can contact your state lawmakers in support of this measure here.

Vermont: Vermont lawmakers have cleared the way for the enactment of the state-licensed distribution of medical marijuana. On Thursday, May 5, House lawmakers voted 99-44 in favor of Senate Bill 17, which allows for the state-sanctioned sale of marijuana to qualified patients. Under the bill, four dispensaries may be established to serve up to 1,000 patients. House lawmakers overwhelmingly decided to pass the measure despite warnings from the US Department of Justice claiming that the operation of such facilities could place citizens and state officials in conflict with federal law. Senators previously passed a version of SB 17 in April and are expected to concur with the minor changes made by the House. State Gov. Peter Shumlin supports the measure. Vermont lawmakers legalized the use of marijuana as a medicine in 2004, but the law presently provides no legal source for cannabis aside from home cultivation.

Currently, both Colorado and New Mexico authorize the state-sanctioned distribution of cannabis.