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depenalization

  • by Paul Armentano, NORML Deputy Director January 12, 2018

    thumbs_upRepublican Gov. Phil Scott publicly announced at a news conference that he intends to sign legislation into law legalizing the use and cultivation of personal use quantities of marijuana by adults. The Governor vetoed similar legislation last year.

    House Bill 511 eliminates existing civil penalties specific to the possession of up to one ounce of cannabis, and also removes criminal penalties with regard to the private cultivation of six marijuana plants (two mature and up to four immature). Those who cultivate marijuana for their own personal use may possess at home the total quantity of their harvest.

    The measure also imposes new civil penalties for consuming cannabis while driving, and imposes additional penalties for those who operate a motor vehicle impaired with a minor in the vehicle.

    “We’ll take a look at it to make sure it’s technically correct, and then I’ll sign the bill,” Scott said during a Statehouse press conference yesterday. “This is a libertarian approach. I’ve said I’m not philosophically opposed to it. I know there are diverse opinions … as to whether we should move forward, but I still firmly believe that what you do in your own home should be your business, as long as it doesn’t affect someone else.”

    Vermont will be the first state to legislatively act to eliminate both criminal and civil penalties for personal marijuana possession and growing.

    Once signed, the new law will take effect July 1, 2018.

  • by Paul Armentano, NORML Deputy Director June 22, 2017

    marijuana_seedlingMembers of the Vermont House of Representatives decided late last night to block a marijuana depenalization measure, H. 511, from further consideration this legislative session.

    The vote came after Senate members approved the bill, which eliminated civil and criminal penalties for the private possession and cultivation of small quantities of marijuana. Republican Gov. Phil Scott – who had vetoed an earlier version of the bill in May – had also recently expressed his support for the revised legislation.

    Further action on the bill during this week’s special veto session required the votes of three-quarters of the House. But only a majority voted to take action on the bill, with almost all Republican House members voting ‘no.’

    If enacted, the bill would have permitted adults to legally possess up to one ounce of cannabis and to grow up two mature plants at home.

  • by Danielle Keane, NORML Associate December 24, 2015

    happy-holidays-greeting-14470407458EyWhile many are already celebrating the holidays with family and loved ones, we didn’t want to miss the chance to spotlight some important marijuana law reforms that have taken place this past week. We have exciting news internationally, federally, and in several states! Keep reading below to find out more!

    International:

    Colombian President Juan Manuel Santos has signed legislation into law regulating the licensed production and exportation of cannabis for medicinal purposes.

    Under the new policy, those seeking to grow medicinal cannabis commercially or manufacturer cannabis-based medicinal products may apply with government agencies for licensure. Regulators will also grant permits to those seeking to export medicinal cannabis products out of the country.

    Santos said that the goal of the policy “is for patients to be able to access medications made in Colombia that are safe, high-quality and accessible. It is also an opportunity to promote scientific research in our country.”

    While existing law allows for the personal possession and cultivation of cannabis, the plant’s commercial production, manufacture, and sale had not been permitted.

    You can read more about this new policy here.

    US_capitolFederal: Back in July, we wrote about a letter authored by Senator Elizabeth Warren and seven other Senators that demanded answers from the federal government in regards to the facilitation of research into the medical benefits of marijuana.

    While the DEA, ONDCP, and HHS responded to the letter in October, the Senators were not satisfied and have just recently written a second letter asking for those answers again after claiming the initial response, “failed to answer key substantive questions.”

    Of importance to the Senators were topics such as the rescheduling of marijuana in the Federal Controlled Substances Act, the current monopoly the University of Mississippi holds on cultivating cannabis for federal research purposes, interagency coordination as well as the coordination between the federal government and states, and surveillance and epidemiological studies on the use of medical marijuana in the U.S.

    This second letter once again signals to many that medical marijuana is becoming an even more important issue in the political sphere not only to voters but also to their elected officials.

    Additionally, the Drug Enforcement Administration (DEA) issued a press release this week stating that they would “ease some of the regulatory requirements imposed by the Controlled Substances Act (CSA) for those who are conducting FDA-approved clinical trials on cannabidiol (CBD), an extract of the marijuana plant.”

    Current federal regulation requires researchers who wished to expand their CBD based studies to submit a written request for additional CBD. This would delay the research while the request went through the approval process. According to the press release, “Under these changes, a previously registered CBD clinical researcher who is granted a waiver can readily modify their protocol and continue their research seamlessly.  This waiver effectively removes a step from the approval process.

    Deputy Director for NORML, Paul Armentano comments, “It’s a minor change. The DEA has done nothing to speed the process for investigators who want to do clinical work with CBD. In order to do clinical work on a drug on the Schedule 1 list, an investigator still needs approval from the FDA, the DEA and the National Institute on Drug Abuse.”

    State:

    legalization_pollMassachusetts: H. 1561: The Cannabis Regulation and Taxation Act of 2016 has been scheduled for a hearing before the Judiciary Committee on Wednesday, January 13th at 1PM.

    This legislation would permit the personal possession, cultivation and retail sale of marijuana to adults. The measure would also permit home cultivation of the plant for non-commercial purposes.

    Bring your written testimony and testify in front of the committee in support of The Cannabis Regulation and Taxation Act of 2016.

    If you can’t make the hearing, you can contact your lawmakers and urge their support here.

    New Hampshire: Legislation has been prefiled for the 2016 legislative session to allow persons 21 years of age or older to possess up to 2 ounces of marijuana and to cultivate up to 6 marijuana plants without penalty.

    Police in New Hampshire arrest some 2,900 individuals annually for simple marijuana possession offenses. The continued criminalization of adult marijuana use is out-of-step with the views of New Hampshire adults, some 60 percent of whom now endorse legalizing and regulating the plant, according to an October 2014 WMUR Granite State Poll.

    Click here if you’re a resident of New Hampshire and want to contact your lawmakers and urge their support for this legislation!

    Pennsylvania: The Pittsburgh City Council on Monday voted to decriminalize possession of small amounts of marijuana, falling in line with a growing number of municipalities that have taken similar actions in recent years, city officials said.

    Under the ordinance passed with a 7 to 2 vote, police in Pittsburgh, Pennsylvania’s second-largest city, will begin to issue fines of $25 for possessing less than 30 grams of marijuana and $100 for smoking it in a public space instead of citing for misdemeanors, the city clerk’s office said.

    The ordinance is subject to approval by Mayor Bill Peduto, who has voiced support.

    chapter_spotlightVirginia: Virginia NORML in Richmond, VA will be holding their state Lobby Day on January 14th!

    Virginia NORML members and supporters will convene at the General Assembly building to bring our message directly to our lawmakers. RSVP now — this is their #1 advocacy event of the year, and they need all hands on deck in Richmond!

    Participants will be teamed with other constituents and meet with their legislators face-to-face to discuss the marijuana policy reforms critical to the Commonwealth. Participants will be lobbying for decriminalization, and for eliminating the driver’s license suspension upon a conviction.

    For more information click here.

    Wyoming: House legislation (HB 3) to depenalize marijuana possession offenses has been pre-filed for the 2016 legislative session, which begins February 8. 

    Annually, state and local police make some 2,100 marijuana possession arrests. The state ranks sixth in the nation in per capita marijuana possession arrests. Under state law, first-time marijuana possession offenses are classified as a criminal misdemeanor punishable by up to one year in jail and a $1,000 fine.

    House Bill 3  replaces criminal sanctions involving the possession of up to one ounce of marijuana with a civil fine of no more than $100 — no arrest and no criminal record.

    To take action and contact your House member to urge their support for this measure, click here.

    takeactionban

    Additional information for these and other pending legislative measures may be found at our #TakeAction Center!

    ** 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. Get active; get NORML!

  • by Paul Armentano, NORML Deputy Director September 16, 2015

    vote_keyboardBy a margin of over 2 to 1, voters in Toledo, Ohio yesterday approved a municipal ballot measure removing criminal and civil penalties associated with minor marijuana possession offenses. The vote took place during a special city election.

    Ballot Issue 1, the “Sensible Marijuana Ordinance,” amends the city’s municipal code to eliminate the threat of jail or fines for those found within city limits to be in the possession of up to 200 grams of marijuana. The measure also prohibits the city from suspending one’s license as a punishment for violating marijuana possession laws.

    Under Ohio law, any conviction for possession of a controlled substance is subject to driver’s license revocation for no less than 6 months and no more than 5 years.

    A summary of the ordinance is available here.

    Despite the measure’s popularity, both the city’s mayor and police chief have indicated their intent to charge minor marijuana offenders under the Ohio Revised Code rather than under the local ordinance. State law classifies classifies the possession of up to 100 grams of cannabis as a minor criminal misdemeanor, punishable by a fine of up to $150. Marijuana possession offenses involving more than 100 grams but less than 200 grams are punishable by up to 30 days in jail and a $250 fine.

    Toledo is the fourth largest city in Ohio.

  • by Paul Armentano, NORML Deputy Director November 11, 2014

    New York City Mayor Bill de Blasio and Police Commissioner William Bratton publicly announced plans yesterday to halt the NYPD’s practice of arresting tens of thousands of minor marijuana offenders annually.

    Under the new plan, set to take effect November 19, city police would issue first-time marijuana offenders a summons, payable by a fine, in lieu of making a criminal arrest.

    Though the Mayor and the Police Commissioner have made pledges in the past to reduce the city’s marijuana arrest totals, which average nearly 30,000 per year, they have previously failed to do so. Of those arrested for minor marijuana offenses in New York City, a disproportionate percentage (86 percent) are either Black or Latino. Nearly three out of four arrested possessed no prior criminal record.

    Although New York state law classifies minor marijuana possession offenses as a non-criminal offense, separate penal law (NY State Penal Law 221.10) defines marijuana possession in a manner that is ‘open to public view’ as an arrestable offense.

    Mayor de Blasio called the City’s proposed depenalization policy “a smart policy that keeps New Yorkers safe, but it is also a more fair policy.”

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