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  • by Danielle Keane, NORML Political Director February 5, 2016

    map_leafThis week we have an array of legislative updates ranging from more bills being introduced, other bills stalling, and everything in between. We have news out of Arizona, California, Florida, Hawaii, Illinois, Kansas, Maine, Maryland, New Jersey, Rhode Island, Virginia, Utah and Washington D.C.! Keep reading below to get the latest in marijuana law reform this week.

    Federal:

    The Marijuana Advertising in Legal States (MAILS) Act was introduced this week by Senators Ron Wyden and Jeff Merkley and Representatives Earl Blumenauer and Suzanne Bonamici. This legislation would “reverse the outdated declaration by the U.S. Postal Service in December 2015 that prohibited the mailing of newspapers with ads offering to buy or sell marijuana, even if the marijuana-related ad complies with state law.” Senator Wyden says, “Our bill updates the federal approach to marijuana, ending the threat to news publications that choose to accept advertising from legal marijuana businesses in Oregon and other states where voters also have freely decided to legalize marijuana.”

    Democrat Presidential candidate Hillary Clinton made comments this week in response to a question at a town hall meeting from a medical marijuana patient who asked what she would do to decriminalize the drug. Clinton responded boldly saying, “She would do a lot.” She reiterated her support for states to decide the issue and reaffirmed that, if elected President, she would reschedule marijuana from a Schedule I drug in the Controlled Substances Act to a Schedule II substance. She stated, “I have no doubt there are very real benefits to people.”

    Democrat Presidential candidate Bernie Sanders also made comments this week related to marijuana policy when he addressed the question, “If elected, how would your administration address the current tension between state and federal marijuana laws?” Sanders responded, “As President, I would direct HHS and DOJ to immediately review if marijuana should be rescheduled or descheduled under the Controlled Substances Act, and I would instruct DOJ not to interfere with states who have legalized or decriminalized marijuana.”

    State:
    Arizona: House Bill 2007, was introduced to defelonize minor marijuana possession offenses.Under present law, marijuana possession is classified as a felony, punishable by up to two years in jail. House Bill 2007 reclassifies minor marijuana possession offenses from a felony to a civil offense, punishable by a fine only — no arrest, no criminal prosecution, and no criminal record. #TakeAction

    California: Governor Jerry Brown signed legislation that seeks to dissuade California cities and counties from enacting municipal restrictions on the cultivation and dispensing of medical marijuana by amending a drafting error in the The Medical Marijuana Regulation and Safety Act. It also removes objectionable language authorizing local governments to prohibit patients from cultivating, storing, donating, or processing marijuana for their own personal use, and by doing so, reaffirms that qualified patients have the right under state law to engage in personal cultivation absent a city or state license.

    Florida: House legislation, House Bill 271, redefines industrial hemp as an agricultural crop and establishes licensing regulations to allow for the plant’s cultivation. A committee substitute version of the bill was unanimously approved by members of the House Agriculture and Natural Resources Subcommittee on Tuesday, February 2nd. We’ll keep you updated as this legislation moves forward. #TakeActionindustrial_hemp

    Hawaii: Objectionable legislation is pending in the House to eliminate patients’ longstanding rights to cultivate medical marijuana. House Bill 1680 repeals patients’ legal authority to cultivate personal use quantities of cannabis. Criminalizing the personal cultivation of cannabis is an arbitrary prohibition that has absolutely no basis in public safety. For sixteen years, thousands of Hawaii patients have possessed the ability to cultivate personal use qualities of medicinal marijuana. There exists no evidence that this law has led to any sort of widespread abuse or public safety threat.. #TakeAction

    Illinois: Legislation is pending in the Senate to expand Illinois’ hemp law to promote hemp-related commerce. The act seeks to establish regulations for the Department of Agriculture to license persons “desiring to grow, process, cultivate, harvest, process, possess, sell, or purchase industrial hemp or industrial hemp related products.” #TakeAction

    In separate news, Illinois Governor Bruce Rauner this week rejected a recommendation from the Medical Cannabis Advisory Board to expand the state’s medical marijuana program by adding eight additional qualifying conditions. For more information on organizing patients’ efforts in Illinois, please contact Illinois NORML.

    Kansas: Members of the Senate voted 38 to 1 on Wednesday, February 3, in favor of a Committee substitute version of HB 2049 to reduce criminal penalties for first-time marijuana possession offenses from a Class A misdemeanor (punishable by up to one year incarceration and a $2,500 fine) to a Class B misdemeanor (punishable by no more than six months in jail and a $1,000 fine). Second convictions will no longer be classified as a felony offense. The amended language now returns to the House for a concurrence vote. #TakeAction

    Maine: Marijuana legalization advocates turned in more than 100,000 signatures to the Secretary of State’s office this week in hopes of meeting the 60,000 requirement to qualify for the 2016 ballot. Read more about this campaign here.

    Maryland: House Bill 443 is pending in the General Assembly to permit the Department of Agriculture to authorize institutions of higher education to cultivate industrial hemp for academic research purposes.This legislation is scheduled to be heard Wednesday, February 10th by members of the Environment and Transportation Committee at 1:00PM. #TakeAction

    Separate legislation, House Bill 665, seeks to place a constitutional amendment on the November 2016 ballot to regulate adult marijuana use. If approved by lawmakers, the bill would allow voters to decide if they wish to regulate the commercial cultivation, processing, and retail of marijuana to adults over the age of 21. You can read the full text of this proposal here. #TakeActionlegalization_poll

    New Jersey: Assembly Bill 2050, legislation to decriminalize minor marijuana possession offenses in New Jersey, is pending in the General Assembly. If approved, the legislation would remove criminal penalties for those who possess 15 grams of marijuana or less. New Jersey’s 24,765 arrests for possession of small amounts of marijuana in 2013 was the state’s highest number in 20 years. #TakeAction

    Rhode Island: Governor Gina Raimondo has proposed that a new tax be imposed upon state qualified patients who choose to cultivate their own cannabis. The proposed taxes range from $150 per plant for an individual patient up to $350 per plant for growers with cultivator licenses. The proposed tax is rightfully drawing fire, from patients and other concerned citizens. For more information on efforts to oppose this change, please visit the Rhode Island Patient Advocacy Coalition.

    Utah: On Thursday, February 4th, members of the Senate Judiciary, Law Enforcement, and Criminal Justice Committee moved SB 73, the Medical Cannabis Act, to the Senate floor. The legislation seeks to amend state law to permit for the state-licensed cultivation of cannabis, including strains with higher THC content, for the manufacturing of medicinal products and/or herbal preparations. We’ll keep you updated as this measure continues to move forward. #TakeAction

    Virginia: House and Senate lawmakers set aside legislation that sought to eliminate criminal penalties for marijuana possession offenses. On February 3rd, Senate Bill 104, was passed by indefinitely by the Courts of Justice Committee in an 11-4 vote. This action stalls any legislative progress for now, but allows for the committee to reconsider legislation at a later meeting. It is apparent by these actions that Virginia lawmakers need to hear from constituents that marijuana law reform ought to be a legislative priority. #TakeAction

    Washington D.C.: A bill aimed at permanently banning private marijuana clubs in the District was pulled on Tuesday and instead Council members passed an amendment to create a seven member taskforce to look into the issue more closely. The taskforce will be made up of two members from the D.C. Council, one from the Office of the D.C. Attorney General and five from city agencies, including the Metropolitan Police Department and the D.C. Health Department, who will be appointed by Mayor Muriel Bowser.

  • by Danielle Keane, NORML Political Director January 29, 2016

    map_leafExciting news from across the country with NEW legislation being introduced and promising legislation moving forward! This week we highlight Arizona, Florida, Hawaii, Kansas, Maryland, New
    Mexico, New Orleans, and Vermont. Plus our lawmakers in Congress and lawmakers in Puerto Rico took action this week too! Keep reading below to get the latest in marijuana law reform.

    International: 

    Puerto Rico: Health Department officials have signed off on regulations overseeing the licensed production and distribution of medical cannabis within the US territory. The new program is anticipated to be operational by year’s end.

    Puerto Rico Gov. Alejandro J. Garcia Padilla signed an executive order in May calling on health officials to adopt regulations permitting medical cannabis production and access. Under the new plan, patients who possess a physician’s authorization will be able to obtain cannabis-infused products, such as oils and pills, from state-licensed facilities.

    Patients will not be permitted to cultivate their own marijuana and herbal formulations of medical cannabis will not be permitted.

    Federal: On Wednesday, a bipartisan group of lawmakers signed on to a letter addressed to the Veteran’s Administration (VA) requesting a policy change be made to allow veterans to access medical marijuana.

    Current law prevents VA doctors from recommending medical marijuana to patients, even in states where it is legal for qualified patients to possess it. Senators Gillibrand (D-NY), Daines (R-MT), Merkley (D-OR), and Reps. Blumenauer (D-OR), Rohrabacher (R-CA) and Titus (D-NV) are leading the efforts in reforming this nonsensical policy. If these Senators and Representatives are from your state, consider giving their office a call and thanking them for their work on medical marijuana! You can find your lawmakers contact info here.

    State:

    Arizona: After a Republican lawmaker this week received hundreds of complaints, he withdrew his bill that aimed to restrict access to medical marijuana in the state.

    The bill would have denied physicians practicing alternative medicine such as naturopathy and homeopathy the ability to recommend cannabis therapy.

    California: Legislation that seeks to dissuade California cities and counties from enacting municipal restrictions on the cultivation and dispensing of medical marijuana has been approved lawmakers and awaits the Governor’s signature. Once signed into law, the bill will take immediate effect.

    Assembly Bill 21 amends a drafting error in the The Medical Marijuana Regulation and Safety Act by removing an apparent March 1, 2016 deadline for localities to establish their own cultivation regulations or else forfeit that authority to the state. It also removes objectionable language authorizing local governments to prohibit patients from cultivating, storing, donating or processing marijuana for their own personal use.

    In recent months, numerous California cities and counties have hastily enacted provisional bans on medical marijuana-related activities out of fear that the state would become to sole authority on the issue following the March 1 deadline. Passage of AB 21 states that localities retain the ability to regulate medical marijuana production and commerce in the manner that they see best. The hope is that localities will halt efforts to impose restrictions, and will reconsider existing moratoriums, now that it is clear that local lawmakers will continue to possess the authority to legislate the issue beyond March 1, 2016.

    Further information on both pending and enacted local ordinances, as well as talking points to best address them, is available from California NORML here.

    Florida: Floridians will decide on a proposed constitutional amendment this November that seeks to permit the physician-authorized use and distribution of cannabis for therapeutic purposes.

    Proponents of the measure, United for Care, collected more than the 683,000 signatures required to place the measure on the November ballot, the Florida Division of Elections confirmed this week.

    Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities.In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.marijuana_grower

    Hawaii: Legalization, decriminalization, and hemp measures are all pending in the Hawaii state legislature.

    Senate Bill 873 amends the criminal code to remove criminal penalties specific to the possession and cultivation of marijuana for personal use by those age 21 or older. The measure is presently pending before the House Judiciary Committee.

    Senate Bill 596 SD 1 reclassifies possession of less than one ounce of marijuana from a criminal misdemeanor, punishable by up to 30 days in jail and a $1,000 fine to a civil violation, punishable by a $100 fine only — no arrest and no criminal record.

    Senate Bill 2787 encourages the state Department of Agriculture to license farmers to grow industrial hemp for “research and development purposes.”

    To find more information on all of these measures, check out our #TakeAction Center here.

    Kansas: Members of the Senate will take a floor vote on legislation, HB 2049, to amend various penalties and regulations specific to marijuana possession and use.

    House Bill 2049 seeks to a) establish a statewide research program to oversee the production of industrial hemp, b) authorize the limited use of cannabidiol for therapeutic purposes, and c) reduce criminal penalties for first-time marijuana possession offenses from a Class A misdemeanor(punishable by up to one year incarceration and a $2,500 fine) to a Class B misdemeanor (punishable by no more than six months in jail and a $1,000 fine). Second convictions will no longer be classified as a felony offense. Members of the House approved the measure last year.

    Maryland: Legislation NORML opposes is pending in the Maryland General Assembly. House Bill 183 and House Bill 334 both seek to recriminalize offenses involving the public use of small amounts of marijuana. While NORML is generally supportive of efforts to dissuade the use of marijuana in public or in a vehicle, these measures are both unnecessary and overly punitive.

    Under present law, it is not permissible to consume marijuana in public view. Those who do so are subject to a civil violation punishable by a fine of up to $500.00.

    Both measures will be heard in the Judiciary Committee on February 9th at 1:00PM. To #TakeAction and contact your lawmakers to urge they not support this legislation click here.

    New Mexico: New Mexico has both legalization and hemp measures pending.

    House Bill 75 regulates and controls the commercial cultivation and retail sale of marijuana to adults over the age of 21. You can read the full text of this proposal here. Senate Joint Resolution 5 is pending action by the Senate Rules Committee.

    SB 3 and HB 148, seek to permit the state Department of Agriculture to license farmers to grow industrial hemp for “research and development purposes.”

    For more information on these measures or to take action and contact your lawmakers urging their support for these measures click here.legalization_poll

    Vermont: Members of the Senate Committee on Judiciary voted 4 to 1 on Friday, January 29, in favor of pending legislation to regulate the adult use, production, and sale of cannabis. NORML wishes to thank those of you who contacted the Committee and urged their support for this important and historic legislation.

    Senate Bill 241 now goes before the Senate Committee on Finance for further action.

    Senate Bill 241 makes it legal for adults 21 years of age and older to possess up to one ounce of marijuana and regulates its commercial production and retail sale.

    Local:

    New Orleans: City Councilwoman Susan Guidry has proposed an ordinance change to treat minor marijuana possession offenses the same as  minor traffic infractions. Under the proposal, officers would have the option of issuing verbal and written warnings before any penalties kick in. Subsequent offenses would be dealt with through fines that would be capped at $100.

    At this time of the year it’s hard to keep up with all of the newly introduced and pending marijuana related bills. Even this week, it was impossible to include every piece of legislation that moved so if you think there was action in your state, be sure to visit our #TakeAction Center to see an update.

     

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

    vote_keyboardFloridians will decide on a proposed constitutional amendment this November that seeks to permit the physician-authorized use and distribution of cannabis for therapeutic purposes.

    Proponents of the measure, United for Care, collected more than the 683,000 signatures required to place the measure on the November ballot, the Florida Division of Elections has confirmed.

    The ballot measure, entitled the “Use of Marijuana for Debilitating Conditions,” will appear before voters as Amendment 2.

    Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities. According to a November poll, 62 percent of Florida voters say that they support the passage of the amendment.

    According to Florida law, 60 percent of voters must approve a constitutional amendment in order for it to become law.

    In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.

  • by Danielle Keane, NORML Political Director December 18, 2015

    christmas-baubles-clipartWith the holidays around the corner, there is plenty to celebrate in regard to marijuana law reform successes! Congress unveiled their 2016 omnibus appropriations bill that will fund the government through next year which included several marijuana measures and we’ve seen a number of state and municipal measures take hold as well. Keep reading to see if your state is moving ahead in reforming their marijuana laws!

    Federal: In last week’s Legislative Round Up, we covered five distinct marijuana provisions that lawmakers sought to include in the final draft of the 2016 spending bill.

    We now know that two of these provisions have been included in the omnibus appropriations bill. One measure prevents the Department of Justice and the Drug Enforcement Administration from spending money to interfere with the implementation of state medical marijuana laws. The other measure prevents the Department of Justice and the Drug Enforcement Administration from spending money to interfere with the implementation of state industrial hemp research programs.

    Both measures were initially passed by Congress in 2015, but required reauthorization to extend into 2016.

    To read more about this legislation click here.

    State:

    Vermont: The sponsor has unveiled the bill that will be introduced in the state’s next legislative session to legalize and regulate the adult use, production and sale of cannabis. Once formally
    introduced, the bill will head to the Senate Judiciary committee for its first consideration.legalization_poll

    The 41 page bill allows for retail outlets, lounges, and personal cultivation. Taxes and fees are not
    included in the bill language and will be covered when the bill is considered in the Senate Finance Committee.

    You can read more about the legislation here and write your lawmakers, urging their support here.

    Kentucky: Legislation to legalize and regulate the adult use and retail sale of marijuana, The ‘Cannabis Freedom Act, has been pre-filed for the 2016 legislative session.

    The legislation allows adults 21 and older to possess up to one ounce of cannabis, cultivate up to five cannabis plants, store excess cannabis lawfully grown for personal use at the location where it was cultivated; or transfer up to one ounce of cannabis to another person age 21 or older without remuneration.

    In a prepared statement, the bill’s sponsor said: “Too many Kentuckians have had their lives stymied with criminal records as a result of nonviolent marijuana convictions. That is wrong. It is time to stop making criminals out of citizens due to outdated and ridiculous laws concerning cannabis.”

    Contact your lawmakers in Kentucky and encourage them to support this measure here!

    Delaware: Legislation signed into law last June decriminalizing marijuana possession offenses took effect at midnight this morning in the state of Delaware.

    House Bill 39 reclassifies the possession of up to one ounce of cannabis by those age 21 and over from a criminal misdemeanor, punishable by up to six months in jail and a criminal record, to a
    thumbs_upcivil violation punishable by a $100 fine only — no arrest, and no criminal record. (Those between the ages of 18 and 21 may face criminal charges, but only if it is their second or subsequent offense.)

    The new law also amends the personal possession of marijuana paraphernalia from a criminal to a civil violation. Public use of the substance, as well as marijuana possession while inside a vehicle, remain classified as misdemeanors.

    Municipal:

    Pittsburgh (PA): An ordinance, proposed by Councilman Daniel Lavelle,  which would decriminalize the possession of small amounts of marijuana passed a preliminary vote in City Council on Wednesday.

    The measure would allow police to seize the drugs and issue a $100 fine as long as a person had less than 30 grams of marijuana — about an ounce. People could have about eight grams of hash.

    A final vote is scheduled for this upcoming Monday. You can contact your City Council district here to urge their support for this measure.

    Palm Beach County (FL): With a 4 to 1 vote Tuesday, Palm Beach County decriminalized the possession of small amounts of marijuana. Law enforcement can now give offenders a $100 fine or the option of 10 hours of community service instead of arrest. The ordinance only covers offenders 18 and over, and an offender can receive a maximum of two citations.

    This vote comes after nearby cities West Palm Beach and Miami Beach also chose to decriminalize the possession of small amounts of marijuana.


    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 Danielle Keane, NORML Political Director November 25, 2015

    ballot_box_leafWhile Thanksgiving is cutting the work week short for many, there is no shortage of legislative news in marijuana law reform. Keep reading below to find out what new developments have taken place in the past week related to marijuana!

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

    Federal:

    The Drug Enforcement Agency (DEA) was in the spotlight this past week for a couple reasons.

    First, organizers of a Change.org petition calling for President Obama to fire the agency’s acting administrator, Chuck Rosenberg personally delivered over 100,000 printed signatures to DEA headquarters last Friday. The petition is still garnering support so make sure to sign it if you haven’t already!

    Second, a group of Democratic lawmakers led by Representative Ted Lieu (D-CA) wrote a letter to House leadership this week urging them to include language in the final spending package for FY 2016, that would remove a significant portion of funding from the DEA that is currently being used to eradicate marijuana plants across the country and instead direct it to more worthy causes. The language is from an amendment that Lieu sponsored and was passed by the House in June.

    The letter reads, “The Cannabis Eradication Program’s sole mission is to eradicate marijuana plants and arrest growers. However, historical data indicates that the vast majority of plants seized under this program are wild plants descendant from industrial hemp. They are not intentionally grown, and they are not suitable for recreational or medical use. Therefore, the seizure of these plants has served neither an economic nor public-safety nor a health related purpose. Its sole impact has been to expend limited federal resources that are better spent elsewhere.”

    Other members that signed the letter are Reps. Jared Polis (CO), Earl Blumenauer (OR), Steve Cohen (TN), Eric Swalwell (CA), Mark Pocan (WI), Mike Honda (CA), Barbara Lee (CA), Jan Schakowsky (IL), Raúl Grijalva (AZ), Beto O’Rourke (TX) and Sam Farr (CA).

    State:

    Alaska: Last Friday, Alaska became the first state to allow residents age 21 or older to consume cannabis in retail facilities that sell it . Members of the Marijuana Control Board voted 3 to 2 in favor of permitting limited public use of cannabis. This lack of public use facilities has proven to be an obstacle elsewhere, most notably among tourists who wish to indulge while on vacation in states that regulate the plant’s social use.

    Florida: On Monday, following over a year of legal battles, state regulators finally approved five nurseries to cultivate high-CBD strains of marijuana. This decision marks the first real step forward in the implementation of a 2014 law to allow the use of CBD extracts by qualified patients with intractable epilepsy, muscle spasms and advanced forms of cancer. To qualify for the low-THC-based cannabis treatment, patients must obtain permission from a qualified doctor and be added to the state’s Compassionate Use Registry. The law establishes a number of steep requirements in order for nurseries to qualify for licensure. Applicants must have been in business for at least 30 years and possesses the ability to grow at least 400,000 plants. The selected applicants must post a $5 million performance bond before receiving a license from the state.

    Washington: Members of the Senate Committee on Commerce and Labor held a hearing on Friday in regards to SB 6083, legislation to allow adults to legally cultivate personal use amounts of marijuana in private. “This bill is about consistency, congruency and especially, freedom” said Rep. Brian Blake, who is sponsoring the measure in the House. “Adults in our state can brew their own beer and make their own wine for personal consumption. Just like alcohol, marijuana can be used safely and responsibly, so it makes sense to allow adults to home grow their own if they want to.”

    You can contact your lawmakers in Washington to urge their support for this legislation here.

    Pennsylvania: On Wednesday, November 18, members of the House Rules Committee passed Senate Bill 3, to allow for the production and distribution of non-herbal marijuana products to qualified patients. The bill will now awaits a floor vote by House lawmakers.

    While this measure is a step forward for Pennsylvania patients, SB 3, as presently written, contains several provisions opposed by NORML, specifically its restrictions on smoking and vaporization. House lawmakers are expected to amend the measure further when debating it on the floor.

    Please ask your House members to consider changes that would further expand patients’ access and choices by clicking 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!

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