NORML’s Weekly Legislative Update

NORML’s Weekly Legislative Round Up is your one-stop guide to pending marijuana law reform legislation around the country, along with tips for influencing the policies of your state.

** Remember: 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 make the changes they want to see. We can’t do it without you.

Washington, DC: Members of the DC City Council voted unanimously today in favor of legislation (The Legalization of Marijuana for Medical Treatment Initiative Amendment Act 0f 2010) to establish medical marijuana dispensaries in the District of Columbia. The Council had given preliminary approval for the measure in April.

As approved, Health Department officials would regulate up to five facilities to dispense medical cannabis to authorized patients. Medical dispensaries would be limited to growing no more than 95 plants on site at any one time. Patients are expected to be able to obtain up to four ounces of dispensary-provided marijuana per month. Patients would not be permitted to privately cultivate their own supply of medicine. Low-income patients will be allowed to purchase medical marijuana at a greatly reduced cost under the plan.

The bill now goes to Mayor Adrian Fenty for his signature. Congress will then have 30 working days to either approve or reject the measure.

Additional information on this measure is available here and also from NORML’s ‘Take Action’ Center here.

Pennsylvania: Democrat Sen. Daylin Leach held a press conference today to mark the introduction of Senate Bill 1350, The Compassionate Use Act, which seeks to make Pennsylvania the fifteenth state to legalize the physician-supervised use of marijuana.

The bill is a companion bill to House Bill 1393, which awaits action by the House Health and Human Services Committee. (Read NORML’s testimony before the Committee here or watch video here.)

The measures would allow state-authorized patients to possess and cultivate cannabis for therapeutic purposes. The measures also seek to allow for the state-licensed distribution and sale of medical marijuana by authorized ‘compassion centers.’ Nearly 60 percent of Pennsylvanians support the measure according to a December 2009 Quinnipiac University poll.

To support this campaign, please contact Philly NORML or Pennsylvanians for Medical Marijuana, or visit NORML’s ‘Take Action Center’ here.

Illinois: House lawmakers may finally decide this week the fate of Senate Bill 1381, which seeks to regulate the physician-supervised use of medical marijuana. The measure was passed by the Senate in 2009 and is believed to be only one vote shy of majority support in the House. However, the 2009-2010 legislative session ends this Friday. If you live in Illinois, it is vital that you contact your House member today and urge him or her to end the prohibition of medical marijuana.

Tennessee: Members of the House Committee on Health and Human Resources unanimously voted last week to establish a task force to study the issue of legalizing medical marijuana, and to report back to the legislature with recommendations. While this outcome is not ideal for seriously ill individuals who desire immediate legal protections, the members’ action is a significant step forward in the campaign to ultimately provide legal and safe access to medical cannabis for authorized Tennessee patients.

NORML retained a state lobbyist this legislative session to represent the interests of our statewide affiliates, and to argue on behalf of legal access to medicinal cannabis. NORML and its affiliates will continue to actively lobby the legislature in 2011 and beyond in support of enacting common sense access and protections for Tennessee’s medical marijuana patient community.

New Hampshire: Members of the Senate have rejected, on a voice vote, House-backed legislation (House Bill 1653) that sought to decriminalize minor marijuana possession offenses. The Senate vote came almost a month after House lawmakers overwhelmingly (214 to 137) voted in favor of the measure, which would have reduced the penalties on minor marijuana possession offenses from a criminal misdemeanor punishable by up to one year in jail and a $2,000 fine to a nominal monetary penalty of no more than $200.00.

Although some Senators acknowledged their private support for decriminalization (Read NORML’s testimony here), several committee members said the veto threat from Democrat Gov. John Lynch “convinced them that pursuing the bill was a fool’s errand.”

Gov. Lynch last year vetoed legislation that sought to legalize the medical use of marijuana.

To learn about pending legislation in additional states — and how you can get involved, please visit NORML’s ‘Take Action’ Center here.

NORML’s Weekly Legislative Update

Lawmakers around the country are debating a record number of marijuana law reform bills in 2010. NORML’s Weekly Legislative Round Up is your one-stop guide to pending marijuana law reform legislation around the country, along with tips for influencing the policies of your state.

** Remember: 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 make the changes they want to see. We can’t do it without you.

Washington: Democrat Gov. Christine Gregoire signed legislation into law last week that expands the state’s nearly twelve-year-old medical marijuana law. Senate Bill 5798 allows additional health care professionals including naturopaths, physician’s assistants, osteopathic physicians, osteopathic physicians assistants, and advanced registered nurse practitioners to legally recommend marijuana therapy to their patients. Presently, only licensed physicians may legally recommend medicinal cannabis.

Washington is the first state to codify these recommendation rights into law. Senate Bill 5798 takes effect on June 10, 2010.

Maine: State lawmakers approved legislation this week establishing guidelines for the establishment of state-authorized medical marijuana distribution facilities. As approved by the legislature, LD 1811 authorizes the creation of up to eight nonprofit medical cannabis dispensaries – one for each of the state’s public health districts. Under the measure, dispensaries may legally “acquire, possess, cultivate, manufacture, deliver, transfer, transport, sell, supply or dispenses marijuana or related supplies and educational materials” to state-authorized medical marijuana patients.

Patients and/or their caregivers will still be allowed to cultivate their own medical cannabis under state law. However, patients will now be required to join a confidential state registry in order to be able to legally possess and grow marijuana for medicinal purposes. The Maine Department of Health and Human Services will oversee the new medical marijuana programs.

Last November, voters approved Question 5, the Maine Marijuana Medical Act, which amends existing state law by: establishing a confidential patient registry; expanding the list of qualifying conditions for which a physician may recommend medicinal cannabis; and by allowing for the creation of state-licensed nonprofit dispensaries. In 1999, 61 percent of state voters approved the physician-supervised use of medical marijuana. However, the law did not establish a state identification registry for qualified patients, nor did it address regulating the distribution of medical marijuana.

Democrat Gov. John Baldacci is anticipated to sign the dispensary measure into law imminently.

Ohio: House lawmakers this week introduced House Bill 478, the Ohio Medical Compassion Act. The act would allow state-authorized patients to possess and cultivate cannabis for therapeutic purposes. The bill allows for authorized patients or their designated caregivers to cultivate medical marijuana, but only at designated registered sites. Patients are allowed to possess up to 200 grams of usable cannabis (about six ounces) or 12 mature plants under this proposal. To support this measure, visit the Ohio Patient’s Network or NORML’s ‘Take Action’ Center here.

Pennsylvania: Minor marijuana possession offenses in the city of Philadelphia will be no longer be prosecuted as criminal misdemeanors, according to a policy change announced this week by new District Attorney Seth Williams. Philadelphia NORML had been lobbying for the policy change after publishing a report which found that African American males comprised an estimated 83 percent of all persons in Philadelphia arrested for minor marijuana possession offenses.

Under the new policy, which is anticipated to take effect later this month, prosecutors will charge minor marijuana possession (defined as 30 grams or less) as ‘summary offenses’ rather than criminal misdemeanors. Defendants will be required to pay a fine, but will not face incarceration or receive a criminal record. Under the previous District Attorney, the city criminally prosecuted some 3,000 minor marijuana possession cases per year.

You can read further details regarding this policy change here, here, and here.

To learn about pending legislation in additional states — and how you can get involved, please visit NORML’s ‘Take Action’ Center here.

NORML’s Weekly Legislative Update

Lawmakers around the country are debating a record number of marijuana law reform bills in 2010. NORML’s Weekly Legislative Round Up is your one-stop guide to pending marijuana law reform legislation around the country, along with tips for influencing the policies of your state.

** 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 make the changes they want to see. We can’t do it without you.

Washington: House and Senate lawmakers gave final approval last week to legislation expanding the state’s medical marijuana law. Senate Bill 5798 will allow additional health care professionals – including naturopaths, physician’s assistants, osteopathic physicians, osteopathic physicians assistants, and advanced registered nurse practitioners – to legally recommend marijuana therapy to their patients. Under present law, only licensed physicians may legally recommend medicinal cannabis. Washington lawmakers are the first legislators to codify these expanded recommendation rights into law. The measure now goes before Democrat Governor Christine Gregoire for final approval. Contact information for Gov. Gregoire is available from NORML’s ‘Take Action Center’ here.

New Hampshire: House lawmakers voted 214 to 137 last week in favor of House Bill 1653, which would amend penalties for possession of marijuana from a criminal misdemeanor to a civil infraction. The vote prompted Democrat Gov. John Lynch to threaten to veto the legislation if it reaches his desk. New Hampshire residents are encouraged to contact their members of the Senator and the Governor in support of this measure by visiting NORML’s ‘Take Action Center’ here.

Hawaii: Members of the House Public Safety Committee and the Public Health Committee last week approved Senate Bill 2213, which would allow for the establishment of licensed ‘compassion centers’ to engage in the controlled production and distribution of cannabis to state-authorized patients. The Senate had previously approved the measure by a 20 to 1 vote. The bill now awaits action from the House Judiciary Committee. You can read NORML’s testimony in favor of the bill here. Senate lawmakers previously approved a separate marijuana decriminalization proposal, SB 2450, which also awaits action from the House.

Kansas: Members of the House Committee on Health and Human Services will hold an informational hearing tomorrow on House Bill 2610, which seeks to legalize the medical use of marijuana to authorized patients. NORML representatives will be testifying at tomorrow’s hearing and have also provided written testimony to the Committee.

Tennessee: State lawmakers will be holding a pair of hearings this week and next week regarding the Safe Access to Medical Cannabis Act. NORML has retained a state lobbyist to represent the interests of our statewide affiliates, and will be taking a lead role in the upcoming hearings.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.

Medical marijuana’s not getting any better – the time for RE-legalization is NOW!

Author’s update: the graphics in the post below have been updated to correct some minor mistakes, such as dated information that left out Rhode Island and Maine’s dispensaries and Oregon’s recent acceptance of Alzheimer’s agitation as a qualifying condition. Also, I have outlined Oregon’s attempt at legalization through the OCTA petition as it could be reasonably said to be as far along or farther along than Washington’s I-1068. I regret my errors.

Marijuana Law Reform in 2010 (March Update)

With New Jersey recently becoming the 14th medical marijuana state, activists in marijuana law reform have been celebrating. After all, over 82 million Americans now live in states where medical use of marijuana is legal – that’s 27% of the US population! Last election, Massachusetts became the 13th decriminalization state, which means over 107 million Americans live in a state where possession of small personal amounts of marijuana no longer merit an arrest – that’s 35% of the US population.

Population of States with Medical Marijuana Laws

Population of States that have Decriminalized Marijuana

However, after watching fourteen years of marijuana activism focused solely on those who use cannabis for medicine, I must warn activists that medical marijuana is not getting any better and the time for re-legalization of cannabis for all adults – even the healthy ones – is now.

Comparison of five core rights found in existing medical marijuana law

California legalized medical marijuana in 1996. That initiative, Prop-215, established what is clearly the most liberal medical marijuana statute to date:

• A doctor can recommend for any condition;
• You needn’t have a “bona fide” doctor/patient relationship;
• Dispensaries are allowed;
• Self cultivation is allowed;
• Patients are protected from arrest.

Comparison of plant and possession limits and qualifying conditions in medical marijuana law

If we consider these five attributes of the law the baseline, then in the past fourteen years, all thirteen medical marijuana states that have followed have failed to achieve all five. Eight states only offer three or four of those liberties and the rest offer two or only one. Most disturbingly, the right of patients to grow their own medicine (or have a caregiver do it for them), which has been a bedrock principle in medical marijuana law, was taken away from patients in the most recent medical marijuana state, New Jersey. Bills that were considered but vetoed in 2009 in Minnesota and New Hampshire, and those moving forward in New York, Pennsylvania, as well as an initiative in Arizona, all sacrifice this core right.

New Jersey - The (No Medical Marijuana) Garden State

A comparison of plant and possession limits also shows the decline from the original starting point in California, where 12 plants and 8 ounces are allowed. Oregon and Washington passed their laws next and have the highest statutory limits: 24 plants and 24 ounces in Oregon and 15 plants and 24 ounces in Washington. (To be fair, all the West Coast states started with lower limits or more vague limits that were modified by the legislature.) But since then, only one state has allowed more than 3 ounces (New Mexico with 6 ounces) and average number of plants allowed is a little less than ten.

The "Big 8" Conditions for which marijuana is recommended in the states

Another decline in medical marijuana freedom appears when we look at the conditions for which medical marijuana protection is afforded in the various states. There are eight conditions which could be considered the “standard” ones: cancer; HIV/AIDS; seizure disorders, like epilepsy; spastic disorders, like multiple sclerosis; glaucoma; chronic nausea; cachexia; and chronic pain. Most medical marijuana states recognize all eight conditions; a couple (Vermont and Rhode Island) recognize seven of eight.

Other conditions recognized in state medical marijuana laws (not a complete list)

The latest law in New Jersey, however, eliminated chronic pain, chronic nausea, and cachexia, making it the most restrictive list in the nation. The bill proposed but vetoed in New Hampshire required one to try all other remedies for chronic pain before trying medical marijuana. The vetoed Minnesota bill wouldn’t even allow cancer and HIV/AIDS patients to use medical marijuana unless they could show they were terminal (about to die). The lists in the latest proposed bills continue to become more restricted.

Until we do have legalization for all, every medical marijuana law is going to fail to adequately serve all medical users and subject them to increasing restriction and scrutiny. Additionally, medical marijuana laws make patients an attractive target for criminals because prohibition maintains huge profits for stolen medical cannabis, as well as becoming targets for overzealous anti-marijuana cops and prosecutors.

(more…)

2009: The Year In Review – NORML’s Top 10 Events That Shaped Marijuana Policy

#1 Obama Administration: Don’t Focus On Medical Marijuana Prosecutions
United States Deputy Attorney General David Ogden issued a memorandum to federal prosecutors in October directing them to not “focus federal resources … on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” The directive upheld a campaign promise by President Barack Obama, who had previously pledged that he was “not going to be using Justice Department resources to try to circumvent state laws on this issue.” Read the full story here.

#2 Public Support For Legalizing Pot Hits All-Time High
A majority of U.S. voters now support legalizing marijuana, according to a national poll of 1,004 likely voters published in December by Angus Reid. The Angus Reid Public Opinion poll results echo those of separate national polls conducted this year by Gallup, Zogby, ABC News, CBS News, Rasmussen Reports, and the California Field Poll, each of which reported greater public support for marijuana legalization than ever before. Read the full story here.

#3 Lifetime Marijuana Use Associated With Reduced Cancer Risk
The moderate long-term use of cannabis is associated with a reduced risk of head and neck cancer, according to the results of a population-based control study published in August by the journal Cancer Prevention Research. Authors reported, “After adjusting for potential confounders (including smoking and alcohol drinking), 10 to 20 years of marijuana use was associated with a significantly reduced risk of head and neck squamous cell carcinoma.” Read the full story here.

#4 AMA Calls For Review Of Marijuana’s Prohibitive Status
In November, the American Medical Association resolved that marijuana should longer be classified as a Schedule I prohibited substance. Drugs classified in Schedule I are defined as possessing “no currently accepted use in treatment in the United States.” In a separate action, the AMA also determined, “Results of short term controlled trials indicate that smoked cannabis reduces neuropathic pain, improves appetite and caloric intake especially in patients with reduced muscle mass, and may relieve spasticity and pain in patients with multiple sclerosis.” Read the full story here.

#5 California: Lawmakers Hold Historic Hearing On Marijuana Legalization
State lawmakers heard testimony in October in support of taxing and regulating the commercial production and distribution of cannabis for adults age 21 and older. Additional hearings, as well as a vote on Assembly Bill 390: the Marijuana Control, Regulation, and Education Act, are scheduled for January 12, 2010. Read the full story here.

(more…)