Loading

dispensaries

  • by Justin Strekal, NORML Political Director April 28, 2017

    Medical marijuana

    Update: Congress passed a one-week continuing resolution to maintain the current federal spending levels with the Rohrabacher-Farr amendment included, meaning state medical marijuana patients and businesses will remain protected from Attorney General Jeff Sessions and the Department of Justice until May 5.

    Today is the final day that Congress has to pass a short-term budget to fund the federal government and it’s up to us to make sure that lawmakers reauthorize the Rohrabacher-Farr amendment. This critical amendment stops Jeff Sessions’ Department of Justice from targeting state-sanctioned medical marijuana patients, growers, caregivers, and providers.

    Click here now to tell your member of Congress to Stop Sessions from going after marijuana.

    94% of US voters support legal access to medical marijuana. Congress needs to understand that this is a mandate that is non-negotiable.

    We cannot give one inch of our hard fought victories when we still have so far to go.

    Take action today to protect our gains and to keep in place programs that millions of patients have come to rely upon. Tomorrow we continue our fight to legalize marijuana nationwide.

    Click HERE now to make your voice heard!

    Background:

    Since 2014, members of Congress have passed annual spending bills that have included a provision protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. The amendment, 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.”

    In December, Congress re-authorized the amendment as part of a short term spending package, House Resolution 2028. This bill extends federal funding through April 28, 2017, at which time the measure — and the Rohrabacher-Farr Amendment — will expire.

    According to recently released nationwide survey data, the majority of Americans are on our side. A whopping 93 percent support the medical use of marijuana. Perhaps most importantly, 71 percent of voters — including strong majorities of Democrats, Republicans, and Independents — say that they “oppose the government enforcing federal laws against marijuana in states that have already legalized medical or recreational marijuana.”

    Again, please contact your member of Congress right now to protect legal state medical marijuana patients and businesses. 

     

  • by Paul Armentano, NORML Deputy Director December 28, 2016

    MAWith little debate, House and Senate lawmakers voted today to significantly amend Massachusetts’ voter-initiated marijuana law.

    The vote sets the stage to delay the establishment of state-licensed marijuana retail facilities from January 1, 2018 to July 1, 2018. Governor Charlie Baker, who campaigned against the initiative, must still sign off on the law change. [UPDATE: Gov. Baker signed the language into law on Friday, December 30.] Separate provisions in the law eliminating penalties for adults who privately possess or grow personal use quantities of cannabis took effect on December 15.

    According to The Boston Globe, the “extraordinary move” by lawmakers took place in an “informal” legislative session with “just a half-dozen legislators present.”

    NORML had been urging lawmakers to adopt the law swiftly as voters intended, and it continues to urge Massachusetts voters to take action.

    NORML Executive Director Erik Altieri called lawmakers’ decision a “slap in the face” to the nearly two million Massachusetts voters who decided in favor of Question 4 on Election Day.

    “The arrogance and hubris lawmakers are showing toward voters is remarkable,” he said. “The voters have spoken and it is incumbent on legislators to carry out their will. Massachusetts was the first state in the nation to impose criminal penalties on marijuana – doing so in 1914. After more than a century of this failed policy, it is time to bring prohibition to an end in Massachusetts.”

    The move by lawmakers to delay aspects of the law’s implementation is not altogether surprising, as politicians and bureaucrats had previously discussed restricting home cultivation as well as raising the proposed sales taxes rate on marijuana sales.

  • by Paul Armentano, NORML Deputy Director October 21, 2015

    Budgetary provisions enacted by Congress in 2014 forbid the Justice Department from taking action against medical marijuana providers who are operating in compliance with state law, a federal judge for the northern district of California determined earlier this week.

    The ruling, issued by US District Court Judge Charles Breyer, rejects the Justice Department’s ‘tortured’ interpretation of the statute (Section 538 of the Continuing Appropriations Act of 2015) and affirms that the “plain reading” of the law prohibits the federal government from spending funds in a manner that interferes with a state’s ability to authorize the use, distribution, possession, or cultivation of medical marijuana. Consequently, the statute forbids the federal government from taking actions that would result in the closure of state-compliant medical cannabis facilities, the Court opined.

    Breyer ruled: “It defies language and logic for the Government to argue that it does not ‘prevent’ California from ‘implementing’ its medical marijuana laws by shutting down these … dispensaries, whether one shuts down one, some, or all. … [C]ontrary to the Government’s representation, the record here does support a finding that Californian’s access to medical marijuana has been substantially impeded by the closing of dispensaries.”

    He added: “[T]he legislative history of Section 538 points in only direction: away from the counter-intuitive and opportunistic meaning the DOJ seeks to ascribe to it now. … [T]he statutory language … is plain on its face [and] the Court must enforce it according to its terms.”

    Breyer’s ruling removes an injunction that had forbidden the Marin Alliance for Medical Marijuana from operating. The injunction had been in effect since federal officials took action to close down the facility in 2011 as part of a statewide crackdown against dispensary operators.

    Although Section 538 was included as part of a fiscal year 2015 spending bill, the language is expected to be renewed by Congress later this year as part of a FY 2016 appropriations measure.

  • by Paul Armentano, NORML Deputy Director September 14, 2015

    Medical marijuana dispensaryCalifornia lawmakers approved a series of bills in the final hours of the 2015 legislative session that seek to establish statewide rules and oversight governing the distribution of medicinal cannabis. The three bills — Assembly Bill 266, Senate Bill 643, and Assembly Bill 243 — now await final approval from Democrat Gov. Jerry Brown.

    Much of the measures’ finalized language was amended and approved by lawmakers at the close of the session and was not subject to public testimony or significant floor debate.

    Specifically, the legislative package creates a Bureau of Medical Marijuana Regulation within the Department of Consumer Affairs to develop rules and licensing procedures for authorized medical cannabis dispensaries. Dispensaries will be required to operate in accordance with local guidelines prior to receiving a state license. State-licensed dispensaries will be permitted to operate on a ‘for profit’ basis. However, the new regulations do not override municipal moratoriums that are already in place prohibiting such operations in various jurisdictions throughout the state, nor do they prohibit the collection of local sales taxes on marijuana purchases in communities that presently impose them.

    Separate language in the bills seeks to regulate the licensed production of cannabis and imposes rules in regard to growing, testing, and labeling cannabis like other agricultural products. The bills also seek to provide additional oversight to physicians who recommend cannabis therapy. However, the measures do not limit physicians from recommending cannabis at their own discretion — activity which is codified under Proposition 215/the Compassionate Use Act.

    Proposed language seeking to impose an excise tax on various cannabis products was not included in the final bill package.

    If signed into law, the new regulations will take effect in 2017.

    California voters initially approved Proposition 215 in 1996, which permits qualified patients to possess and/or grow marijuana for therapeutic purposes. However, the measure did not provide language explicitly providing for third-party providers outside of assigned caregivers, instead calling upon state lawmakers “to implement a plan of safe and affordable distribution of marijuana to all patients in medical need of marijuana.”

    California NORML has additional information of the measures here and here.

  • by Paul Armentano, NORML Deputy Director July 15, 2015

    Hawaii: Measure To Provide Safe Access To Medical Cannabis Becomes Law Legislation to establish a system of medical dispensaries for the state’s nearly 14,000 medical marijuana patients has become law.

    Governor David Ige signed the measure, stating, “I support the establishment of dispensaries to ensure that qualified patients can legally and safely access medical marijuana. We know that our challenge going forward will be to adopt rules that are fair, cost effective and easy to monitor. The bill sets a timeline. We will make a good faith effort to create a fair process that will help the people most in need.”

    House Bill 321 permits the state “to issue eight dispensary licenses statewide; provided that three dispensary licenses shall be issued for the city and county of Honolulu, two dispensary licenses each shall be issued for the county of Hawaii and the county of Maui, and one dispensary license shall be issued for the county of Kauai. … Up to two production centers shall be allowed under each dispensary license, provided that each production center shall be limited to no more than three thousand marijuana plants. A dispensary licensee may establish up to two retail dispensing locations under the licensee’s dispensary license.”

    The state Department of Health has until January 4, 2016 to finalize rules governing the dispensary program. Licensed dispensaries are anticipated to be operational by July 15, 2016. Once operational, qualified patients will be able to obtain up to four ounces of cannabis or cannabis-infused products, such as oils, tinctures, or lozenges, from a licensed provider every 15 days.

    A separate provision included in HB 321 also adds post-traumatic stress as a qualifying condition under the state’s medical cannabis law.

    Legislation initially enacted by the legislature in 2000 provides qualified patients the legal right to possess and cultivate cannabis for therapeutic purposes, but did not allow for its production and distribution via dispensaries.

Page 1 of 1112345...10...Last »