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.

NORML’s Weekly Legislative Round Up

Marijuana law reform legislation is pending in over twenty states, and liberalization measures have been pre-filed in many more. Below is this week’s edition of NORML’s Weekly Legislative Round Up — activists’ one-stop guide to the latest statewide votes and happenings relevant to marijuana law reform.

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.)

Arizona: The Arizona Department of Health Services last week finalized rules for the Arizona Medical Marijuana Program. Patients may begin qualifying for the program next week, and dispensary applications will be accepted beginning June 1. Program rules, physician certification forms, and answers to frequently asked questions are all available online here. Arizona is the fifteenth state since 1996 to allow for the use of medical cannabis by qualified patients.

Connecticut: On Tuesday, members of the Joint Judiciary Committee overwhelmingly voted in favor Governor’s Bill No. 1015, which seeks to allow qualified patients to use and cultivate marijuana for medical purposes. The Committee is expected to act on separate decriminalization legislation (See NORML’s recent op/ed in favor here) imminently. You can support both proposals via NORML’s ‘Take Action Center’ here and here. You can get involved with Connecticut NORML here.

Delaware: On Thursday, March 30, members of the Delaware Senate voted 18 to 3 in favor of Senate Bill 17, The Delaware Medical Marijuana Act. The measure now awaits action from the House of Representatives. You can contact your House member in support of this effort via NORML’s ‘Take Action Center’ here.

Montana: Members of the Montana Senate last week resurrected and then passed House Bill 161, which repeals the state’s six-year-old, voter-approved medical marijuana law. Senate lawmakers voted 29 to 21 in favor of the GOP-backed measure, which had previously stalled in committee. The bill is now expected to go before Gov. Brian Schweitzer, a Democrat, who has voiced support for the state’s medical cannabis program. You can contact the Governor and urge him to veto this draconian legislation here. Additional information is available from our allies Montana NORML and Patients & Families United.

North Carolina: Legislation that seeks to legalize the physician-supervised use of medical marijuana has been reintroduced in the North Carolina legislature. House Bill 577 amends state law to “authorize an individual to use marijuana for medical purposes as directed by a physician.” HB 577 would allow patients both the ability to cultivate their own cannabis at home or to purchase it at state licensed distribution centers. This proposal has been referred to the House Committee on Rules, Calendar, and Operations, but has yet to be assigned a hearing. You can urge your lawmakers to support this proposal here.

Vermont: Senate lawmakers are expected to act this week on SB 17, which seeks to allow for state-licensed facilities to provide medical marijuana to authorized patients. Similar legislation is already in place in several states, including Colorado, Maine, New Mexico, and Rhode Island. You can contact your state Senator about SB 17 via NORML’s ‘Take Action Center’ here.

NORML’s Weekly Legislative Round Up

Marijuana law reform legislation is pending in over a dozen states, and progressive measures have been pre-filed in many more. Below is this week’s edition of NORML’s Weekly Legislative Round Up — activists’ one-stop guide to pending marijuana law reform legislation 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.

Washington: A coalition of House lawmakers have introduced legislation, House Bill 1550, to legalize and regulate the “production, distribution, and sale” of marijuana to adults. “[T]he legislature intends to promote commerce and competition within Washington by eliminating penalties for the possession and consumption of cannabis, regulating and taxing the sale of cannabis by state government, and licensing cannabis growers,” it states. The measure has been referred to the House Committee on Public Safety and Emergency Preparedness. You can contact the Committee and your own House member in support of HB 1550 by visiting NORML’s ‘Take Action’ page here.

Massachusetts: Legislation that seeks to legalize the adult recreational use of cannabis will be introduced in the Massachusetts House imminently. Separate legislation to allow for the physician supervised use of medical marijuana has also been pre-filed and will be reintroduced in both chambers this legislative session. Further details about these efforts and how to support them is available from MassCann, the Massachusetts affiliate of NORML, here.

Indiana: Senate Bill 192, which calls for a legislative review of state marijuana policies, is pending in the state Senate. Says the bill’s sponsor: “Every year, we spend countless dollars pursuing these non-violent offenders. This study would provide an assessment of the actual costs to our criminal justice system including the impact on law enforcement, prosecution, and sentencing. It will also provide members of the public with the opportunity to voice their opinions on the state’s current policies and other options for regulating marijuana.” To contact your state Senator in support of SB 192, please click here.

Oklahoma: State lawmakers for the first time will consider legislation that seeks to exempt qualified medical marijuana patients from statewide criminal penalties — penalties which are among the strictest in the nation. Senate Bill 573 seeks to create the “Compassionate Use Act of 2011” which states, “Oklahoma Statutes relating to the cultivation of marijuana shall not apply to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.” To support this effort, please click here.

Medical marijuana law reform bills were also introduced this week in Delaware, Idaho, and were pre-filed in Maryland. For more information on ways to supprt these proposals, please visit NORML’s ‘Take Action’ page here.

Montana: On Tuesday, members of the House Judiciary Committee tabled House Bill 33, which sought to improperly define marijuana consumers as “drugged drivers” even if they are neither under the influence nor impaired to drive. NORML thanks those of you who took the time to call and e-mail members of this Committee and urged them to reject this draconian proposal.

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

Marijuana Legalization Zeitgeist In America To Continue Into 2010: Federal Government Lags Behind The States

Already Four States Have Marijuana Legalization Bills In Play; Californians To Vote On Legalization in 2010

It can readily be said that 2009 was one of the busiest and most productive years in cannabis law reform since NORML’s founding in 1970. However, it appears as if 2010 is going to be an even busier year–notably marked by the increasing number of actual state legalization bills and a voter initiative in America’s most important state.

Currently, there is legalization legislation pending in California, Massachusetts, Vermont, and a legalization bill was just introduced this week in Washington. Frankly, most of these bills do not have a strong prospect in passing this time out, however the immense public discussion that is generated is crucial for overall reform efforts.

The formula is simple: No public discussion or debate about legalization, obviously equates to no substantive law reforms. This is what regrettably happened in the United States, Canada and Europe from 1980-2000, buttressed by extreme federal anti-marijuanism in the form of the DARE program in the public school, the blitzkrieg of Partnership for a Drug-Free America ads polluting media airwaves and omnibus federal crime bills overloaded with severe and costly penalties (i.e., mandatory minimum sentencing, civil forfeiture, mass drug testing, etc…). However, since the turn of the century, there have been ever-increasing public discussions and debates about marijuana prohibition–principally driven by the creation and implementation of medical cannabis laws in thirteen states–which is leading to greater public support for reform.

Breaking News: NORML has just learned that the TaxCannabis2010 initiative in California has gathered more than enough signatures to qualify for the 2010 ballot and the announcement of such is imminent (like, this week!).

This coming year the following states will have numerous cannabis law reform legislation or initiatives:

Medical Cannabis

State legislation: MN, IL, MO, OH, TN, MD, NC, PA, DE, OH, WI, NY, CT, MA, NH and TX; NJ has a special legislative session going on right now until January 7, 2010 where a pro-reform medical cannabis bill is pending and the outgoing Governor assures a signature to passed legislation.

Voter Initiatives: AZ

Cannabis Legalization

State legislation: VT, MA, WA; CA’s legalization bill (AB 390) will kickoff a smoking hot year in cannabis law reform with a series of planned subcommittee hearings and testimonies currently scheduled for the first week in January.

Voter Initiatives: TaxCannabis 2010 appears ballot bound and this means that Californians will have the opportunity on November 9, 2010 to effectively end cannabis prohibition in the United States, and arguably most of the of the civil world. Also, Nevada and Oregon voters may also be voting on cannabis legalization initiatives in 2012.

In a country where one out of eight citizens live in a particularly state, and that state’s citizens democratically vote to end cannabis prohibition and replace it with tax-and-control measures, it is only a matter of time before a number of other states follow suit, then the federal government must end it’s failed three-quarter of a century social experiment of cannabis prohibition.