Loading

Federal

  • by Danielle Keane, NORML Political Director March 18, 2016

    map_leafWe’ve got a new federal bill to share with you this week along with several state legislative developments! Keep reading below to get the latest in marijuana law reform.

    Federal: Congressman Jason Chaffetz (R-UT) introduced H.R. 4779, the CBD Oil Act of 2016 this week. This legislation would bar prosecution of individuals who use cannabidiol (CBD) oil for medical purposes as permitted by existing state law. Currently, 15 states have laws on the books to allow for the use of CBD products for medicinal purposes. Utah Governor Herbert has come out in support of the bill saying: “I support Rep. Chaffetz in his effort to alleviate the fear that many Utah families face over conflicting state and federal laws regarding cannabis oil. This legislation resolves that concern by respecting decisions made at the local level.”

    This legislation joins five other pending bills on the federal level to to permit and/or protect patient access to CBD. You can find the other pending legislation here.

    State:

    Alabama: Legislation is pending, House Bill 257, to amend state law so that first time offenders of one ounce or less of marijuana face a civil fine, no arrest and no criminal record. Current law defines the personal possession of marijuana as a Class A misdemeanor, punishable by up to a year in jail and a fine up of to $6,000.

    The legislation is currently pending before the House Judiciary Committee. #TakeAction

    Florida: Members of the Tampa city council voted 5 to 1 to amend local laws so that the possession of 20 grams or less of cannabis within city limits is a non-arrestable, fine-only offense. First-time offenders face a $75 fine, while multiple offenders could face fines up to $450. By contrast, Florida law defines similar possession offenses as a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine.

    Tampa’s pending law is similar to those recently enacted in a number of Florida counties, including Miami-Dade, West Palm Beach, and Volusia, as well as in several other metropolitan areas, such as Philadelphia and Milwaukee.

    Georgia: House lawmakers have resurrected language to expand the state’s medical cannabis law. Provisions previously contained in House Bill 722 have been attached to separate legislation, which is expected to be decided upon by a floor vote imminently. House lawmakers previously approved the measure last month, but Senate lawmakers were unwilling to take up the issue.

    As amended, the language expands the pool of patients eligible for certain medical marijuana products to include autism spectrum disorder, AIDS, a skin disease known as epidermolysis bullosa, peripheral neuropathy, Tourette’s syndrome and post-traumatic stress disorder, and protects patients against various discriminatory practices. #TakeAction

    Louisiana: Members of the New Orleans city council voted 7 to zero in favor of legislation permitting police to cite rather than arrest minor marijuana offenders (defined as those who possess 14 grams or less), including repeat offenders. First-time violators are subject to a $40 fine while subsequent offenders may face fines of up to $100. Under state law, first-time possession offenders are subject to arrest and criminal prosecution (punishable by up to 15 days in jail) while repeat offenders face up to eight years in prison.

    Pennsylvania: After months of delay, House members approved legislation in a 149-3 vote on Wednesday to permit the production and use of medical marijuana products to qualified patients.The amended bill permits state officials to license marijuana cultivators and dispensaries to provide cannabis products to qualified patients who possess a recommendation from select physicians. The measure permits for the dispensing of herbal cannabis via vaporization, as well as the use of marijuana-infused extracts or oils.Because the House-amended legislation differs from the version initially approved by the Senate, the bill must be reapproved by the Senate or it will be negotiated in conference committee. #TakeAction

    Tennessee: Legislation is pending, HB 2310 and SB2321, to place a referendum before voters this November that would provide local law enforcement the option of citing rather than arresting adults who are caught in possession of one ounce or less of marijuana. If the referendum is approved by voters, the option to arrest or cite minor offenders will be at the discretion of law enforcement.

    An analysis of 2012 marijuana possession arrests reports that police annually arrest over 19,000 Tennesseans for minor marijuana possession offenses. This is the 15th highest statewide tally in the nation. House Bill 2310 has been scheduled to be heard by members of the House Criminal Justice Subcommittee on March 22nd. #TakeAction

    Vermont: The House Judiciary Committee held it’s first walk-through this week related to S.241, the measure to regulate the adult use, production, and sale of cannabis. Though the Senate has approved the measure, it’s expected to be a difficult road to win the House over. If you live in Vermont it’s important to contact your lawmakers and urge their support for this measure! #TakeAction

  • by Danielle Keane, NORML Political Director February 12, 2016

    map_leafWe’ve got news from all levels of government this week! International, federal, state, and local law reform changes are all being considered. Keep reading below to see if any pending reforms would affect you or your community!

    International:

    Tim Faron, leader of one of Great Britain’s main political parties, called for the legalization of cannabis for recreational use this week. He also announced that his party would be imminently releasing a report making the case for a legalized market for sales. The Liberal Democrats leader said: “I personally believe the war on drugs is over. We must move from making this a legal issue to one of health. The prime minister used to agree with me on the need for drug reform. It’s time he rediscovered his backbone and made the case again.”

    Federal:

    Senator Elizabeth Warren (D-MA) wrote a letter this week to the head of the Center for Disease Control and Prevention (CDC) urging the agency to research cannabis access as a potential mitigating factor in opioid abuse. Population data from states where medicinal cannabis is permitted report lower rates of opioid-abuse  and mortality as compared to those states where the plant is prohibited. Clinical data and case reports also indicate that the adjunctive use of cannabis may wean patients from opiates while successfully managing their pain. Survey data of state qualified medical cannabis patients indicate that subjects with access to the plant often substitute it for opioids because they perceive it to possess fewer adverse side effects.

    Also, Senate members this week introduced The Stopping Unfair Collateral Consequences from Ending Student Success Act, or SUCCESS Act, which repeals language in the Higher Education Act that strips students of financial aid because of a past drug offense, and removes the drug conviction question from the FAFSA form. #TakeAction 

    State:

    California: The California Medical Association has officially endorsed the Control, Regulate and Tax Adult Use of Marijuana Act, a pending statewide ballot initiative that seeks to legalize and regulate adult marijuana use and sales in the state. The California Medical Association represents more than 41,000 physician members statewide. Additionally, the NAACP California chapter has also endorsed the initiative.

    Illinois: Legislation, HB 6199, is pending in the General Assembly to add post-traumatic stress disorder to the definition of ‘debilitating medical condition’ and to allow state-registered medical cannabis patients to retain gun ownership rights. #TakeActioncannabis_pills

    Mississippi: Senate legislation was introduced this week to permit qualified patients to legally possess and cultivate cannabis. Senate Bill 2358 permits patients with a “debilitating medical condition” to engage in marijuana therapy in accordance with a physician’s recommendation. The measure also reschedules marijuana under state law. #TakeAction

    New Mexico: Legislation opposed by NORML, HB 195 has narrowly passed the House of Representatives. The bill would prohibit workers compensation insurers from reimbursing employees who qualify for medical cannabis access for injuries sustained on the job. The measure now awaits Senate action. Please contact your Senate member today and urge him or her to vote ‘no’ on HB 195 and/or its companion measure SB 245. #TakeAction

    New Jersey: Legislation was introduced this week to end workplace discrimination against medical marijuana patients. Assembly Bill 2482, if enacted, would halt employers from taking adverse employment actions against authorized medical marijuana patients who engage in the plant’s use during their off-hours. #TakeAction

    Pennsylvania: A local decriminalization ordinance is being considered by the Harrisburg City Council. The council’s public safety committee plans to hold a public hearing on the matter in the coming weeks. If you live in Harrisburg, contact your City Council member and urge their support for this measure! We’ll keep you updated as this measure moves forward.

    Vermont: Members of the Senate are anticipated to decide imminently on legislation to regulate the adult use, production, and sale of cannabis. Media reports indicate that the floor vote could come the week of February 16. The vote is expected to be a close one; therefore, we are urging supporters to contact their Senate members over the coming days and to urge them to vote ‘yes’ for Senate Bill 241. If approved by the Senate, the bill will face further debate in the House. #TakeActionlegalization_poll

    Virginia: Senate lawmakers have approved legislation, Senate Bill 327, to amend state law so that first time, minor marijuana offenders no longer face the loss of their driver’s license. Under existing law, marijuana possession offenses may be punishable by the loss of driving privileges, even in cases where the offense did not take place in a motor vehicle. Passage of SB 327 would end this practice. #TakeAction

    Washington D.C.: Members of the D.C. Counsel this week approved a measure that would prohibit potential employers in the District from testing applicants for marijuana until after they’ve made a conditional job offer. Councilmember Vincent Orange, who sponsored the measure said, “District residents shouldn’t have to worry about lost job opportunities just because they’ve smoked pot, especially now that the city has voted to legalize marijuana possession.” The measure is still under congressional review.

  • by Danielle Keane, NORML Political Director December 11, 2015

    map_leafState legislators are pre-filing numerous marijuana reform bills in preparation for the start of the 2016 legislative season. Additionally, members of Congress are negotiating on federal funding measures that could have dramatic effects on national marijuana policy. Keep reading to below to find out what new legislative reforms are taking place in your state and what the federal budget could mean for you!

    A full list and summary of pending state and federal legislation is available here. Summaries of the dozens of marijuana law reform bills approved this year is also available here.

    Federal: Congressional leadership is deciding on the inclusion of four marijuana-specific provisions in the FY 2016 spending bill. Passage of these measures will have an important effect on the role the federal government will play (or not) in 2016 federal marijuana policy. As previously reported on by Marijuana.com here they are:

    *Prevent the Department of Justice and the Drug Enforcement Administration from spending money to interfere with the implementation of state medical marijuana laws.

    -Similar language was enacted last year and is current law for Fiscal Year 2015. On June 3, the House approved the amendment by a vote of 242-186 and on June 11, the Senate Appropriations Committee adopted the amendment by a vote of 21-9.

    * Prevent the Department of Justice and the Drug Enforcement Administration from spending money to interfere with the implementation of state industrial hemp research programs.

    -Similar language was enacted last year and is current law for Fiscal Year 2015. On June 3, the House approved the amendment by a vote of 289-132 and on June 11, the Senate Appropriations Committee approved the amendment by a voice vote.

    * Allow doctors with the Department of Veterans Affairs to recommend medical marijuana to military veterans, and prevent the V.A. from denying services to veterans because they are medical marijuana patients in accordance with state law.

    -On April 30, the House narrowly rejected the amendment by a vote of 210-213 but on May 21, the Senate Appropriations Committee approved the amendment by a vote of 18-12, and its language was included in a bill passed by the full Senate on November 10.

    * Prevent the federal government from punishing banks for doing business with state-legal marijuana providers.

    -On July 23, the Senate Appropriations Committee approved the amendment to by a vote of 16-14

    Additionally, Congress will be weighing whether or not to include in the final spending package language that would bar Washington D.C. from implementing a recreational market for marijuana. Last year, Congress included language that prevented the district from taxing and selling marijuana, leading to the implementation of a grow and share program in the District.

    We are expecting to receive news of final budget negotiations next week so keep following the NORML blog for an update!

    Flag_of_Illinois.svgIllinois: House Bill 4357, legislation to decriminalize minor marijuana possession offenses in Illinois, is pending in the General Assembly.

    If approved, the legislation would make the possession of up to 10 grams of marijuana a civil violation punishable by a fine only. Adults would no longer face criminal arrest or the threat of time in jail or a criminal record.

    Introduced by Representative Kelly Cassidy, this proposal largely mirrors legislation previously introduced in the spring of 2015 that was approved by members of both the House and Senate.

    320px-Flag_of_Missouri.svgMissouri: Senate Bill 762, which permits for the personal possession and retail sale of marijuana by those age 21 and over, has been prefiled for the 2016 legislative session. The measure permits adults to privately possess up to one ounce of cannabis without penalty. Senate Bill 762 also seeks to license the commercial production and to regulate the retail sale of marijuana for adults. To take action on this measure click here.

    House legislation has been prefiled —HB 1524 — to allow marijuana convictions to be expunged contingent upon the passage of a constitutional amendment or other statutory enactment legalizing marijuana. To take action on this measure click here.

    Senate Bill 761 has been prefiled in the Missouri legislature to exempt marijuana from certain forfeiture provisions relating to controlled substances.

    “Under current law, illegal controlled substances, anything of value exchanged for a controlled substance in violation of the law, money used to facilitate a violation of the controlled substances laws, money found in close proximity to an illegal controlled substance, and any other property used in relation to or derived from a violation of the controlled substances laws is subject to seizure and forfeiture.” This act exempts marijuana from these forfeiture provisions. To take action on this measure click here.

    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 November 10, 2015

    arrested

    Over twelve percent of federal drug prisoners are incarcerated for marijuana-related violations, according to data compiled by US Bureau of Prisons and the United State’s Sentencing Commission and published by the US Bureau of Justice Statistics

    Of the 94,678 federal inmates incarcerated for a drug violation as their most serious offense, 12.4 percent (11,533 persons) are serving time for violating marijuana laws. Most marijuana offenders are imprisoned for trafficking violations. The average length of prison time for those incarcerated for marijuana-related offenses is 88 months.

    Nearly half (44.3 percent) of federal marijuana inmates are offenders with minimal criminal histories who have not previously served time in prison. Eight-five percent of marijuana offenders did not possess a firearm.

    Over a third (36.5 percent) of federal marijuana prisoners are age 40 or older. Thirty-five percent of federal marijuana prisoners are not US citizens.

    The percentage of marijuana-related federal prisoners has remained virtually unchanged over the past decade.

    Full text of the BJS report, “Drug offenders in federal prison: Estimates of characteristics based on linked data, is online here.

  • by Danielle Keane, NORML Political Director October 16, 2015

    map_leafWhile the Presidential candidates clarify their marijuana-centric positions and voters in one state (Ohio) prepare to decide on legalizing the plant, state and federal lawmakers continue to move forward with legislative reforms. Here’s a look at some recent, pending legislative developments.

    To support the measures below, please use our #TakeAction Center to contact your state and federal elected officials! A full list and summary of pending state and federal legislation is available here. Summaries of the dozens of marijuana law reform bills approved this year is also available here.

    New Federal Bill Introduced:

    Washington Congresswoman Suzan DelBene is sponsoring H.R. 3746, the State Marijuana and Regulatory Tolerance (SMART) Enforcement Act, to protect medical patients, recreational consumers, and licensed businesses in states that regulate marijuana. Under this proposal, the US federal Controlled Substances Act would no longer be inapplicable in states that have legalized and regulated marijuana in a manner that addresses key federal priorities, such as preventing the distribution of marijuana to minors and drug-induced impaired driving.

    State Legislative Developments:

    California:  Democrat Gov. Jerry Brown has signed into law a legislative package of bills that seek to provide statewide regulations for California’s medical cannabis industry.

    The Medical Marijuana Regulation and Safety Act, which consists of three separate bills (Assembly Bill 266, Assembly Bill 243, and Senate Bill 643), creates a new state agency within the Department of Consumer Affairs to develop rules and licensing procedures for authorized medical cannabis dispensaries. Dispensaries must be compliant 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 will not override existing municipal moratoriums, nor will they prohibit the collection of local sales taxes on marijuana purchases in communities that presently impose them.

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

    The new law takes effect on January 1, 2016. However, regulations imposed by the new law are not expected until early 2017.State licensing is anticipated to begin in early 2018.

    Illinois: House members are considering House Bill 4276, the Cannabis Regulation and Taxation Act, to permit those over the age of 21 to legally possess up to 30 grams of cannabis and/or to engage in the home cultivation of marijuana for non-commercial purposes (up to eight plants at any one time.) Adults would be permitted to possess the full harvest from their plants and would not be subject to any taxation or commercial fees for engaging in home cultivation. Existing criminal penalties involving the possession or cultivation of marijuana above these limits would also be significantly reduced under this measure.

    Michigan: House members recently amended and passed legislation to expand Michigan’s existing medical marijuana law.

    House Bill 4209 would license and regulate above-ground, safe access facilities for state-qualified patients seeking medical marijuana. Previously, lawmakers wanted to impose a special 8 percent excise tax on dispensary-related income; however, following the objections of advocates who argued that the imposition of additional fees would drive many patients to the black market, this proposed tax now been lowered to 3 percent.

    House Bill 4210  would provide qualified patients legal protections for their use of non-smoked cannabis derived topicals and edibles, as well as cannabis-based extract products. Lawmakers also passed a third bill, HB 4827, which seeks to establish regulations tracking the production and sale of medical marijuana products.

    This package of bills now goes before the Senate Judiciary committee for consideration.

    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!

Page 1 of 812345...Last »