Loading

Delaware

  • by Paul Armentano, NORML Deputy Director August 30, 2018

    Democrat Gov. John Carney signed legislation into law today vacating past marijuana convictions.

    Senate Bill 197, which took immediate effect, “provides mandatory expungement eligibility to individuals who were convicted of the possession [of one ounce or less], use or consumption of marijuana prior to Delaware’s decriminalization of these offenses.”

    State lawmakers in 2015 enacted legislation reducing the possession of up to one ounce of cannabis from a criminal act to a civil violation punishable by a $100 fine only — no arrest, and no criminal record.

    To be eligible for expungement under the new law, the defendant must have no other criminal convictions on their record.

    In recent years, lawmakers in several states – including Massachusetts, Maryland, Oregon, and Rhode Island – have enacted similar expungement laws following the passage of either marijuana decriminalization or legalization. In California, legislation providing for mandatory expungement of past marijuana convictions is awaiting the Governor’s signature. An estimated 220,000 cases would be eligible for erasure or a reduction under the proposed law.

    According to a nationwide poll released in June, 73 percent of Americans support the enactment of legislation “to automatically seal the records of individuals convicted of crimes related to the possession of marijuana.”

  • by Paul Armentano, NORML Deputy Director July 11, 2018

    Democrat Gov. Gina Raimondo has signed legislation permitting those with past marijuana convictions to have their records expunged.

    House Bill 8355/S. 2447 allows those with past convictions for crimes involving the possession of less than one ounce of cannabis to petition the court to seek an order of expungement. It states, “[W]here the court has determined that all conditions of the original criminal sentence have been completed, … the court [will] order the expungement without cost to the petitioner.” The law took effect upon passage.

    State lawmakers decriminalzed minor marijuana possession offenses in 2013.

    “If an act has been decriminalized since a person was charged and paid their price for it, that person shouldn’t have to keep paying the price in the form of being denied jobs and other opportunities because of their criminal record,” bill sponsor Sen. Harold Metts said in a statement. “Let them move on, and they can better support themselves and their families and contribute to our communities and our state.”

    Delaware lawmakers passed similar legislation this month permitting the expungement of marijuana-related offenses that have since been decriminalized. That bill is awaiting action from the Governor. Maryland enacted a similar law in 2017.

    Both Massachusetts and Oregon have enacted legislation vacating the convictions of marijuana-related crimes that are now defined as legal under state law. In California, where voters elected to legalize the adult use of marijuana in 2016, District Attorneys in various cities and counties – including San Francisco and San Diego – are automatically reviewing and dismissing thousands of past marijuana-related convictions.

  • by Danielle Keane, NORML Associate October 21, 2016

    take_actionWith Election Day less than three weeks away we’re excited to share with you the latest polling information from states with pending marijuana related ballot initiatives, as well as breaking news from another state that may be setting the stage for full legalization next year. A summary of this year’s crop of marijuana-centric ballot initiatives is available online here.

    NORML is also pleased to announce that next week we will be releasing our first ever, Governors Report Card. Inspired by our Congressional Scorecard, this report will provide a letter grade for the Governors of all 50 states. Which Governors have been supportive of reforms and which ones have stood in the way of progress? We’ll give your Governor a grade so you know exactly where your Governor stands. If you aren’t yet subscribed to our Newsletter, sign up today so you can be the first to receive the Governors Scorecard in your inbox!

    Now, keep reading below to get the latest in marijuana law reform!

    Arizona: Half of Arizona voters intend to vote ‘yes’ in favor of Proposition 205: The Arizona Legalization and Regulation of Marijuana Act, according to an Arizona Republic/Morrison/Cronkite News poll. Forty percent of voters oppose the initiative. The Act allows adults age 21 and older to possess and to privately consume and grow limited 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) and provides regulations for a retail cannabis marketplace.

    Delaware: A September poll by the University of Delaware shows that 61 percent of residents surveyed support marijuana legalization. The survey, conducted by Princeton Survey Research Associates International on Sept. 16-28, consisted of 900 phone interviews. Last year Delaware decriminalized the possession of small amounts of marijuana, reclassifying the possession of up to one ounce of cannabis by those age 21 and over from a criminal misdemeanor, punishable by up to six months in jail and a criminal record, to a civil violation punishable by a $100 fine only — no arrest, and no criminal record.

    Last week, the state’s Senate majority whip said that she would propose a bill in January to legalize marijuana for adult use in the state. We’ll have an #ActionAlert out soon so you can #TakeAction in support of this legislation.

    cannabis_pillsFlorida: According to an October poll by the University of North Florida, 77 percent of respondents said they’ll vote for Amendment 2, which would expand medical marijuana access in the state. Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities. Under Florida law, 60 percent of voters must approve a constitutional amendment in order for it to become law. In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.

    Massachusetts: According to a WBUR poll released this week, support for marijuana legalization is rising. Fifty-five percent of likely voters now say they favor allowing adults to use recreational marijuana, an increase of five percentage points from a similar poll performed last month. Question 4 permits adults to possess up to 10 ounces of cannabis and to grow up to six plants for non-commercial purposes. The measure also establishes regulations overseeing the commercial production and sale of the plant.

  • by Danielle Keane, NORML Associate September 16, 2016

    In this week’s Legislative Round Up you’ll learn about a national call to action to renew federal legislation protecting hundreds of thousands of patients and providers. In other news, the marijuana movement received support from two leading national veterans groups and several important bills were signed into law at the state level. Keep reading for the latest news in marijuana law reform.

    Federal:

    take_actionA federal provision limiting the Justice Department from prosecuting state-authorized medical marijuana patients and providers is set to expire at the end of this month. The provision, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” Please visit our #TakeAction Center to contact your federally elected officials and urge them to move quickly to reauthorize the Rohrabacher-Farr Amendment and to keep these important patient protections in place.

    In other news of national significance, members of the American Legion passed a resolution to promote research on marijuana’s potential use for treating post-traumatic stress disorder and traumatic brain injury. Additionally, the group called for marijuana to be removed from it’s current Schedule I classification within the Controlled Substances Act. A second veterans group, The American Veterans (AMVETS), also recently resolved that marijuana should be made available to veterans within the VA healthcare system in every state where it is legal.

    State:

    Delaware: Governor Jack Markell has signed legislation, SB 181, into law permitting designated caregivers to possess and administer non-smoked medical marijuana formulations (e.g. oils/extracts) to qualifying patients “in a school bus and on the ground or property of the preschool, or primary, or secondary school in which a minor qualifying patient is enrolled.”

    The measure takes immediate effect. To date, two other states — Colorado and New Jersey — impose similar legislation.

    Florida: Another local municipality, New Port Richey, has approved marijuana decriminalization legislation. In a 3-2 vote, the council approved an ordinance providing police the discretion to issue a $155 civil citation in lieu of making a criminal arrest in cases involving less than 20 grams of marijuana. The New Port Richey vote mimics those of nearby municipalities Orlando and Tampa, which passed similar ordinances earlier this year and a wave of South Florida municipalities that passed similar ordinances last year. Under state law, simple marijuana possession is a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine.

    thumbs_upMichigan: Lawmakers gave final approval this week to a package of bills, HB 4209/4210, HB 4827, SB 141, and SB 1014, to regulate the retail sale of medical cannabis and cannabis-infused products. The legislation licenses and regulates above-ground, safe access facilities where state-qualified patients may legally obtain medical marijuana, provides qualified patients for the first time with legal protections for their possession and use of non-smoked cannabis derived topicals and edibles, as well as cannabis-based extract products, and establishes regulations tracking the production and sale of medical marijuana products. The measures, which lawmakers had debated for the past two years, now await action by the Governor. #TakeAction

    New Jersey: On September 14th, Governor Chris Christie signed legislation, A 457, into law that adds PTSD to the list of qualifying conditions eligible for medical marijuana therapy. More than a dozen states permit medical marijuana access for PTSD treatment. A retrospective review of PTSD patients’ symptoms published in 2014 in the Journal of Psychoactive Drugs reported a greater than 75 percent reduction CAPS (Clinician Administered Posttraumatic Scale) symptom scores following cannabis therapy.

    The new law took immediate effect.

    Tennessee: Last week the Nashville Metro Council advanced legislation providing police the option to cite rather than arrest minor marijuana offenders. Those cited would face only a $50 fine (or ten hours of community service.) Under state law, such offenses are punishable by up to one-year in prison. A final vote on the ordinance is scheduled for September 20. If you live in Nashville, consider contacting your member of the Metro Council and voicing your support for this common sense reform.

  • by Danielle Keane, NORML Associate September 2, 2016

    thumbs_upIn 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!

    State:

    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.

    pills_v_potDelaware: 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.

Page 1 of 512345