A legalization initiative has officially qualified the ballot this November and separate legislative measures around the country continue to advance. Keep reading below to learn the latest legislative developments.
Alabama: Members of both chambers approved legislation this week, House Bill 61, to protect qualified patients eligible for CBD therapy under a physician’s authorization from criminal prosecution. The measure, known as ‘Leni’s Law’, seeks to allow qualified patients to possess CBD preparations containing up to three percent THC. The measure passed in the Senate by a vote of 29 to 3 and in the House in a 95 to 4 vote. The measure now awaits action from Gov. Robert Bentley. #TakeAction
California: A prominent GOP Congressman has endorsed the Adult Use of Marijuana Act, which seeks to regulate the adult use, production, and retail sale of cannabis. Congressman Dana Rohrabacher (R-Costa Mesa) announced, “As a Republican who believes in individual freedom, limited government and states’ rights, I believe that it’s time for California to lead the nation and create a safe, legal system for the responsible adult use of marijuana.” He added: “I endorse the Adult Use of Marijuana Act for the November 2016 ballot. It is a necessary reform which will end the failed system of marijuana prohibition in our state, provide California law enforcement the resources it needs to redouble its focus on serious crimes while providing a policy blueprint for other states to follow.” You can learn more about the initiative here.
Florida: Another Florida municipality has given preliminary approval to a proposed ordinance permitting police to cite, rather than arrest, minor marijuana offenders. Members of St. Petersburg’s Public Safety and Infrastructure Committee voted in favor of the policy that would create a system of fines that would begin at $75 for those caught holding 20 grams or less of cannabis. Two versions of the plan, one that one that would mandate police issue a citation and another that gives the officer the option to do so, will head to the full city council for a final vote in early May. Under state law, possessing any amount of marijuana is classified as a criminal misdemeanor, punishable by up to one year in jail and a $1000 fine.
Maine: Maine voters will decide on election day on a statewide ballot measure seeking to regulate the adult use, retail sale, and commercial production of cannabis. The Secretary of State determined this week that initiative proponents, The Campaign to Regulate Marijuana Like Alcohol, gathered a sufficient number of signatures from registered voters to qualify the measure for the November ballot. The office had previously attempted to invalidate a significant portion of proponents’ signatures, but that effort was rejected by the courts earlier this month.
If enacted by voters in November, the measure would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use.
North Carolina: House legislation was introduced this week to permit the limited use of medical marijuana. House Bill 983 exempts patients engaging in the physicians-recommended use of cannabis to treat a chronic or terminal illness from criminal prosecution under state law. Qualifying patients must possess a tax stamp issued by the state department of Revenue, and may possess no more than three ounces of cannabis at any one time. The proposal does not permit patients to cultivate their own cannabis, nor does it establish a state-licensed supply source. #TakeAction
Don’t forget, NORML’s 2016 National Conference and Lobby Day is being held May 23rd and 24th! We’ll hold an informational seminar where activists from around the country hear from the leaders of the movement, we’ll keep the party going at the Mansion on O St. with our annual award ceremony and finally, we’ll conclude on the Hill where attendees w
ill hear from and meet leaders in Congress who are doing their best to reform our federal marijuana laws! You can register here.
There is long awaited news from Pennsylvania, as the Keystone State is poised to become the 24th state to permit medical cannabis access and separate legislative efforts continue to move forward around the country. Keep reading below to get this week’s latest in marijuana law reform!
The U.S. Senate Appropriations Committee approved an amendment today, for the second year in a row, to expand medical marijuana access to United States veterans.
The amendment, sponsored by Senators Steve Daines (R-MT) and Jeff Merkley (D-OR), would prohibit the Department of Veterans Affairs (V.A.) from spending money to enforce a policy that prohibits the department’s physicians from filling out medical marijuana recommendation forms in states where the drug is legal. It will be attached to the Military Construction and Veterans Affairs Appropriations bill.
The bipartisan vote was 20 to 10, marking a slight improvement from last year’s 18-12 vote. Though a majority of the Senate passed the amendment in 2015, it was ultimately defeated in conference with the House.
Alabama: Legislation to protect qualified patients eligible for CBD therapy is gaining traction in the legislature. Both the House and Senate are considering similar proposals to expand patient access. While existing state law permits qualified patients to use CBD if they are part of state-sponsored clinical trial, these proposed measures would legally protect qualified patients who possess the substance outside of a clinical trial environment. #TakeAction
Florida: Another municipality in Florida is considering decriminalizing offenses involving the possession of small amounts of marijuana. On Monday, Orlando’s City Council will review an ordinance to make possession of 20 grams (about two-thirds of an ounce) or less a violation of city code, punishable by a fine of $50 for first-time offenders. Tampa and Volusia County both approved similar ordinances last month. NORML first reported this trend of Florida cities and counties adopting decriminalization policies last August.
If you live in Orlando, you can contact your City Council member to urge their support for this measure here.
Louisiana: House and Senate legislation is pending to fix and expand the state’s dormant medical marijuana law. Existing law only permits for the patients’ use of medical marijuana in instances where the plant is ‘prescribed.’ However, under federal law, physicians cannot legally ‘prescribe’ cannabis or any schedule I substance. House Bill 1112 addresses these problems by: permitting physicians to recommend rather than ‘prescribe’ cannabis therapy; by licensing facilities to produce and dispense the product; and by expanding the pool of eligible patients to include ailments like cancer, multiple sclerosis, Crohn’s disease and intractable pain. Law enforcement groups have voiced disapproval of the proposed change, so it is important that lawmakers hear from you. #TakeAction
Maryland: Governor Larry Hogan has signed legislation to permit the Department of Agriculture to authorize institutions of higher education to cultivate industrial hemp for academic research purposes. Members of the Senate voted 45 to zero in favor of the bill. House members voted 136 to zero in favor of the measure. Maryland is the 26th state to enact legislation recognizing hemp as a agricultural commodity.
State lawmakers have also approved legislation to expand the pool of medical professionals who can provide written recommendations for marijuana to qualifying patients. Under the proposal, nurse midwives and nurse practitioners, among other medical professionals, who are in good standing with the state will be permitted to provide written certifications to qualifying patients. The legislation awaits action from Governor Larry Hogan. #TakeAction
Oregon: Governor Kate Brown has signed legislation into law that seeks to encourage financial institutions to engage in financial relationships with state-compliant marijuana businesses. The emergency legislation, House Bill 4094, “exempts financial institutions that provide financial services to marijuana related businesses, researchers and laboratories from any criminal law of this state.” The law took effect upon signing.
Pennsylvania: House and Senate lawmakers have given final approval to legislation, Senate Bill 3, to permit the production and use of medical marijuana products to qualified patients. Members of the Senate initially approved the measure in 2015. House leadership delayed acting on the bill for several months until finally passing an amended version of SB 3 in March. Senate and House members voted this week in favor of a concurrent version of the proposal. Once signed into law, Pennsylvania will become the 24th state to permit the use of physician-recommended cannabis.
South Carolina: Members of the Senate Medical Affairs Committee have defeated SB 672, the Medical Marijuana Program Act. However, identical legislation, H. 4037, remains pending in the House. The legislation would allow the use of medical marijuana for debilitating medical conditions; it also permits a registered patient or caregiver to possess up to, “two one-ounce packages of marijuana in leaf form, one ounce of cannabis oil concentrate, or eight ounces of diluted cannabis oil.” #TakeAction
Vermont: Members of the House Judiciary moved away from Senate-backed legislation, S. 241, to regulate the adult use, production, and sale of cannabis. On Friday, April 8, members of the Committee voted 6 to 5 on an amended version of S. 241 to establish a study commission to evaluate the matter of legalization. The vote came after members of the committee narrowly rejected an effort to amend the bill in a manner that would expand the state’s existing decriminalization laws.
Members of the Senate previously voted 17 to 12 in favor of the legislation in its original form, and it continues to be backed by Gov. Shumlin, state Attorney General William Sorrell, and a majority of Vermonters. It is vital that members of both the House and Senate continue hear from you in support of S. 241 so that lawmakers will be persuaded to once again amend this bill in a manner that seeks to regulate the adult use, production, and sale of cannabis. #TakeAction
Colorado: Denver NORML filed the Responsible Use initiative with the city of Denver. If passed by voters this November, it would legalize the establishment of private marijuana clubs for adults 21 and up. Passage of this ordinance would be a historic first step in moving toward normalizing the responsible, adult consumption of marijuana. The initiative would provide adults with a legally defined space where marijuana could be consumed and shared with other like-minded citizens — a simple, yet necessary accommodation for states that have passed some form of legalization. You can show support for the initiative by liking their page on Facebook.
Florida: On April 1st, the city of Tampa began implementing its new decriminalization law. Under the new ordinance, people caught with 20 grams or less of marijuana will now only face a civil citation rather than a arrest, criminal prosecution, and a criminal record.
Also, The Florida Democratic Party has endorsed Amendment 2, a constitutional amendment to permit the physician-authorized use and state-licensed distribution of cannabis for therapeutic purposes. The initiative has also received recent endorsements from the Tallahassee Democrat, the Miami Herald, and the Bradenton Herald. Presently, 16 states explicitly exempt the use of CBD by qualified patients. But, to date, no of these states provide a regulated, in-state supply source for the product.
Maine: A superior court judge today overturned the Secretary of State’s ruling that a citizen petition seeking to legalize recreational marijuana in Maine was invalid. The ruling mandates the Secretary of State to review the disputed signatures to determine whether petitioners submitted enough valid ones to qualify for ballot placement this November.
Missouri: This week, regulators at the Missouri Department of Agriculture granted licenses to two applicants seeking to grow CBD-dominant cannabis. Their products are anticipated to be ready for distribution this fall to state-qualified patients.
Pennsylvania: State lawmakers have unanimously passed separate pieces of legislation to establish “a pilot program to study the growth, cultivation or marketing of industrial hemp.” Members of the Senate voted 49 to zero in March in favor of SB 50. House lawmakers more recently voted 187 to zero in favor of the House companion bill, HB 967. House Bill 967 will now go to the Senate for concurrence with SB 50 and then to Gov. Tom Wolf, who has expressed support for the legislation. #TakeAction
Members of the Pittsburgh City Council have approved a new ordinance imposing more lenient penalties for minor marijuana possession offenses. Under this ordinance, marijuana-related offenses will now be classified as summary offenses, punishable by a fine of $100 for public smoking or $25 for the possession of a small amount of marijuana.
Virginia: Governor Terry McAuliff has signed legislation, Senate Bill 701, into law to establish regulations governing the in-state production of therapeutic oils high in cannabdiol and/or THC-A (THC acid). Senate Bill 701 requires the Board of Pharmacy to adopt regulations establishing health, safety, and security requirements for pharmaceutical processors of oils high in CBD and/or THC-A. The measure takes effect on July 1, 2016.
Don’t forget to join us in Washington D.C. May 23rd and 24th for our 2016 Congressional Lobby Day! Whether you are a longtime activist, a young college student, a medical marijuana patient, a social marijuana consumer, or just someone who opposes prohibition, this is an opportunity to meet like-minded individuals from across the country and get a glimpse into the Capitol Hill lawmaking process. It is an exhilarating experience for anyone who has taken the time to come to DC to lobby their members of Congress. Get your tickets today!
California: NORML is opposing pending legislation in the Senate that seeks to impose retail sales taxes on the purchase of medical cannabis. Senate Bill 987 imposes a special 15 percent statewide tax upon medical marijuana sales, in addition to the imposition of existing state and local taxes.
While NORML generally does not oppose the imposition of fair and reasonable sales taxes on the commercial sales of cannabis for recreational purposes, we do not support such excessive taxation on medical sales. Laws enacted by the legislature last year to regulate medical marijuana explicitly did not include additional taxation, and lawmakers should not try to impose such taxes now.
The legislation is scheduled to be considered by members of the Governance and Finance Committee on April 6th. If you live in California, please #TakeAction and contact your lawmakers to urge them to reject this unnecessary measure!
Connecticut: Members of the House Public Health Committee have approved legislation to allow qualified patients under 18 years old to use medical marijuana to treat their debilitating illnesses. Patients who’ve met the necessary requirements would need the consent of a parent or guardian to receive the drug. Presently, Connecticut is the only medical marijuana state that explicitly prohibits use by minors.
Also, on Tuesday, April 5, Reps. Toni Walker and Juan Candelaria will hold an informational hearing on the merits of legalizing the adult use of marijuana. The hearing is open to the public and will take place at 10:00AM in hearing room 2E of the Legislative Office Bldg, 300 Capitol Ave, Hartford, CT 06106.
Florida: Governor Rick Scott signed legislation, House Bill 307, into law to permit medical marijuana access to people diagnosed with terminal illnesses. House Bill 307 expands the state’s so-called ‘Right to Try Act’ – legislation that permits terminally ill patients to experiment with non-FDA approved remedies – to include the use of medicinal cannabis. Under the new law, which takes immediate effect, qualifying patients are eligible to access both low-THC and high-THC strains of cannabis. The measure also seeks to expand a 2014 state law intended to provide low-THC varieties of cannabis to patients with pediatric epilepsy, chronic muscle spasms, or cancer. However, this law is not yet operational.
Illinois: Senate bill 2228, legislation to decriminalize the possession of personal use quantities of marijuana, was approved by members of the Senate Criminal Law Committee. If passed, Senate Bill 2228 would amend state law so that the possession of up to ten grams of marijuana is no longer classified as a criminal offense. Currently, those caught possessing that amount could face up to six months of jail time and fines of up to $1500. Under the proposal, offenders would instead be issued a civil citation and have to pay a fine of $100 to $200. The marijuana would be confiscated at the time of offense. The bill also amends the state’s zero tolerance per se traffic safety law.
The legislation is anticipated to be voted on by the full Senate in early April. You can #TakeAction to contact your state Senator and urge their support for this legislation!
Maine: House lawmakers voted ‘ought not to pass’ on legislation, LD 1628, to impose presumptive impairment standards in cases where low levels of THC is detected in the blood. NORML is actively opposing this measure, which states that the detection of 5 ng/ml or more of THC in a driver’s blood “gives rise to a permissible inference … that [a] person is under the influence of intoxicants.” NORML would like to thank those House lawmakers that recognized this legislation as an unscientific and disproportionate response to behavior that is already sufficiently addressed by present traffic safety laws.
Massachusetts: Legislation to regulate the cultivation and promotion of industrial hemp received attention this week when lawmakers hosted celebrity Tim Gunn at the Massachusetts State House so he could express his support for regulating the crop. If passed, the measure would establish policies and procedures to allow for the commercial cultivation of industrial hemp if/when federal law permits such activity. You can #TakeAction and contact your state lawmakers to urge their support for this common sense legislation.
New York: New York legalized medical marijuana in 2014, however the law is one of the most restrictive in the country. Lawmakers have introduced 11 separate bills this session to expand the program and significantly increase access to those patients who so desperately need it. To read more about these pending measures and to contact your lawmakers to urge their support, #TakeAction.
Ohio: On Thursday, the Ohio Ballot Board certified an initiative to establish a comprehensive medical marijuana program in the state. Proponents of the initiative must now collect 305,591 required signatures by early July in order to qualify it for the ballot. You can read the full text of the initiative here.
Oregon: Governor Kate Brown signed legislation, Senate Bill 1511, allowing adults 21 and older to immediately become eligible to purchase marijuana extracts and marijuana infused edibles from Oregon dispensaries. In 2014, residents in Oregon voted to legalize the adult use and retail sale of herbal marijuana. Senate Bill 1511 legally permits adults to also purchase limited quantities of cannabis-infused products, such as edibles and extracts.
Vermont: The House of Representatives continues to weigh Senate Bill 241, legislation to regulate the adult use, production, and sale of cannabis. Multiple House committees have held hearings in recent dyas to consider public testimony on the subject while Gov. Peter Shumlin has publicly reaffirmed his support for the measure. In an interview released this week with TIME, Governor Shumlin discussed the merits of marijuana legalization and described the reform as something “enlightened states” do. You can read the full interview here.
Washington: House and Senate lawmakers voted 131 to 6 to override Governor Jay Inslee’s veto of Senate Bill 6206, which establishes limited licensed hemp production. The Governor had previously vetoed the bill, along with several others, in response to lawmakers’ failure to pass a comprehensive budget plan. Senate Bill 6206 authorizes “the growing of industrial hemp as a legal agricultural activity” in accordance with federal legislation permitting such activity as part of a state-authorized program.
Don’t forget to buy your Early Bird tickets for our 2016 Congressional Lobby Day that is taking place May 23rd and 24th! The schedule will be released soon but rest easy it will be a full two day itinerary focused around marijuana consumerism, the 114th Congress, post prohibition concerns, marijuana in the media and more! We’ll hold our informational conference on Monday with moderated discussions between some of the most influential thought leaders in the movement and then on Tuesday we’ll #TakeAction and gather on Capitol Hill to lobby our elected officials for common sense marijuana law reforms.
We’ll also be hosting a NORML Social at O St. Mansion on Monday night for a special award ceremony to honor our most valuable marijuana activists! If you wish to join the party don’t forget to purchase a separate ticket at checkout.
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.
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