In May I blogged under the headline “Want To Know Why Pot Is Illegal? Ask Your Governor” in response to Minnesota Republican Governor Tim Pawlenty’s decision to veto legislation that would have granted terminally ill patients the legal option to possess and use (but not grow) medicinal cannabis. It wasn’t the first time I’d written such a post and it won’t be last.

Earlier this week I criticized Hawaii Republican Governor Linda Lingle for her refusal to approve legislation that merely sought to study “issues relating to medical cannabis patients and current medical cannabis laws.” Today we can add New Hampshire Democrat (just in case any of you out there are under the illusion that marijuana intolerance is not bipartisan) Gov. John Lynch to the list of public officials who single-handedly stand in the way of cannabis law reform.

Governor Lynch, as many expected, vetoed legislation that would have allowed qualified patients  who had not responded to prescribed medications to possess and use (but not grow) medicinal cannabis. Lawmakers added the controversial, last-minute restrictions to the bill in an effort to gain the Governor’s support. Yet despite their best efforts, Gov. Lynch insisted upon placing political ideology before the health and welfare of his constituents.

For those keeping score at home, Governor Lynch’s veto (which state lawmakers will attempt to override) marks the fourth time this year that a state governor has rejected a marijuana law reform measure. And why did Gov. Lynch take the action he did? I’ll let him explain:

“I recognize that the sponsors of this legislation, and the members of the conference committee, worked hard to attempt to address the concerns raised about this legislation. … However, after consulting with representatives of the appropriate state agencies and law enforcement officials, I believe this legislation still has too many defects to move forward.”

To translate: Cops and my Attorney General hate the notion of anyone — even the terminally ill — possessing the option to use cannabis legally under state law, and I will continue to kowtow to these special interests even if it means my constituents will have to suffer because of my ignorant and callous decision.

Like I said before: Want To Know Why Pot Is Illegal? Ask Your Governor.

Meet Hawaii’s Republican Governor Linda Lingle. On Monday, Gov. Lingle vetoed Senate Bill 1058, which called on the legislature to merely study “issues relating to medical cannabis patients and current medical cannabis laws.”

Specifically, SB 1058 called for the formation of a legislative task force to:

(1) Examine current state statutes, state administrative rules, and all county policies and procedures relating to the medical marijuana program;

(2) Examine all issues and obstacles that qualifying patients have encountered with the medical marijuana program;

(3) Examine all issue and obstacles that state and county law enforcement agencies have encountered with the medical marijuana program;

(4) Compare and contrast Hawaii’s medical marijuana program with all other state medical marijuana programs; and

(5) Address other issues and perform any other function necessary as the task force deems appropriate, relating to the medical marijuana program.

In her veto address, Gov. Lingle alleged — laughably — that the mere act of examining the medical marijuana laws of Hawaii and a dozen other states violates federal anti-drug laws.

“I am returning herewith, without my approval, Senate Bill No. 1058. … This bill establishes the medical cannabis task force … to review issues related to (Hawaii’s) medical marijuana program and make recommendations for any proposed legislation and rules. … The medical task force is unnecessary because it would attempt to deal with issues raised by medical marijuana users that can only be addressed by circumventing federal law.“

Keep in mind that just days earlier lawmakers in Rhode Island overwhelmingly approved legislation to allow the state to license nonprofit facilities to produce and dispense medicinal cannabis to qualified patients. Yet in Hawaii the Governor would have us believe that just gathering feedback from patients and local law enforcement regarding the state’s nearly ten-year-old medical cannabis program somehow violates federal law. It’s an absurd position and no doubt Gov. Lingle, who vetoed a similar task force bill last year, knows it.

Of course, the true motive behind Gov Lingle’s action — and the similar actions of her fellow prohibitionists — is to silence any sort of public or political debate surrounding America’s failed marijuana policies.

This was the motivation behind President Obama’s decision to ‘laugh off’ the issue of marijuana law reform during his online town hall this past March. Silencing free speech was also the driving force behind the actions of members of Congress who earlier this year threatened to withhold funding from the city of El Paso, Texas, if they so much as dared to hold an “honest, open national debate” regarding US drug policy. And surely this was the motivating force behind a South Dakota Judge’s decision this week to bar longtime NORML advocate Bob Newland from engaging in any public advocacy of marijuana law reform for one year. (Full disclosure: Bob Newland, under the banner of SoDakNORML, had been leading the petition drive to place a medical marijuana initiative on the 2010 state ballot. In other words, Judge Delaney’s decision isn’t simply limiting Mr. Newland’s constitutional rights to free speech, it’s also potentially limiting the voting rights of all South Dakotans.)

Full Story

The theme this week: Time to write your Governor!

Maine: Democrat Gov. John Baldacci signed legislation into law on May 1 expanding the state’s marijuana decriminalization law. As enacted, LD 250 makes the possession of up to 2.5 ounces of marijuana a civil violation, punishable by a fine only. (Presently, anyone found possessing more than 1.25 ounces of cannabis is presumed to be engaging in the marijuana sales and faces criminal penalties and potential jail time.) The new law takes effect later this fall. Only one other state, Ohio, treats the possession of more than 2.5 ounces of cannabis as a fine-only (no jail) offense.

New Hampshire: Only one man has the power to continue the criminalization of seriously ill patients in New Hampshire. That man is Democrat Governor John Lynch. If you live in New Hampshire, he needs to hear from you — now! Last week, Gov. Lynch indicated to House leaders that he was likely to veto HB 648, which would legalize the use and cultivation of medicinal cannabis by state-qualified patients. Legislative leaders are trying to revise the bill’s language to address the Governor’s concerns. But even more importantly the Governor needs to hear positive feedback from his constituents. You can contact Gov. Lynch here or by visiting NHCompassion.org.

Hawaii: Senate Bill 1058, an act to create a medical cannabis task force committee, has been approved by the legislature and now awaits action from Republican Gov. Linda Lingle. The intent of the task force is to address patients’ concerns and criticisms regarding Hawaii’s eight-year-old medical marijuana law. In 2008, Gov. Lingle vetoed a similar task force measure. That is why, if you live in Hawaii, we are asking you to contact the Governor and urge her to support SB 1058. You can do so by going here.

Rhode Island: House members are expected to vote later this week on House Bill 5359, which would allow for the state to license non-profit “compassion centers” to assist in the production and distribution of medical cannabis to qualified patients. The Senate previously voted 35 to 2 in favor of the legislation. House members will need to approve it by a similar majority — as the measure faces a veto threat from Republican Gov. Don Carcieri. If you live in Rhode Island, you can learn more about this campaign by going here or here.

Minnesota: Legislation to legalize the medicinal use of cannabis has been approved by the state Senate and now awaits action from the House. At this time, the bill’s primary hurdle appears to be Republican Gov. Tim Pawlenty, who has voiced strong opposition to the measure. If you live in Minnesota, please contact your House member and the Governor by going here.

For information on additional marijuana law reform legislation, please visit NORML’s Take Action page here.

Marijuana law reform bills are now pending in nearly two dozen states. Here is this week’s summary of pending state legislative activity and tips on how you can become involved in changing the marijuana laws in your area.

Montana: Lawmakers introduced a measure this week to make minor marijuana offenses a civil violation. House Bill 541 would amend state law so that the possession of up to 30 grams of marijuana is reduced from a criminal misdemeanor (punishable by up to six -months in jail) to a $50 fine. The proposal is now before the House Judiciary, which is expected to hear testimony in favor of the bill in March. You can show your support for HB 541 by going here. Similar pot decriminalization proposals are pending in Vermont, Washington, and Hawaii.

Update!!! Update!!! Update!!!  In related Montana news, the Senate is now anticipated to vote on SB 326, and act to expand the state’s medical marijuana program, by the end of this week.  For more information, please contact Montana Patients and Families United here.

Kentucky: Kentucky legislators are trying to misuse the state’s traffic safety laws to target adults who use marijuana responsibly in the privacy of their own home. It’s up to us to stop them. This week, Senators approved SB 5, which seeks to criminalize anyone who operates a motor vehicle with any detectable level of marijuana in their blood. Under the strict interpretation of this standard, responsible marijuana consumers who last used cannabis days earlier could still be potentially arrested and prosecuted for ‘drugged driving’ — even if they are completely sober. NORML recently testified against a similar proposal in New Hampshire, which legislators rightfully dismissed as improper and illogical. Please help us derail SB 5 in Kentucky by contacting the members House Judiciary Committee and urging them to vote ‘no’ on 5.

New Jersey: The Senate is expected to vote on Monday, February 23, on Senate Bill 119, the New Jersey Compassionate Use Medical Marijuana Act. If passed, this measure would make New Jersey the fourteenth state to allow for the physician-supervised use of medicinal cannabis. Governor Jon Corzine backs the measure, as do many of the state’s largest newspapers. Residents in New Jersey are strongly encouraged to write or call their senators now and urge them to vote ‘yes’ on SB 119.

Washington: Members of the Senate Judiciary Committee heard testimony this week in favor of Senate Bill 565 — an act to reclassify the possession of forty grams or less of marijuana from a misdemeanor to a class 2 civil infraction. You can read about the hearing here, and urge the Committee to back the measure by going here.

To learn about additional pending legislation in Alabama, Connecticut, Illinois, Minnesota, Missouri, Oregon, Rhode Island, Tennessee, Texas, and Virginia, please visit NORML’s Legislative Action Alerts page here.

Below is this week’s summary of pending state legislation and tips to help you become involved in changing the laws in your state.

Missouri: Joplin NORML and Sensible Joplin turned in over 6,000 signatures this week in favor of a municipal ballot initiative to reduce minor marijuana possession penalties to a fine-only offense. (Under Missouri law, marijuana possession is punishable by up to a year in jail and a $1,000 fine.) The bill’s proponents were required to collect approximately 4,600 signatures from registered voters to qualify for the November 2008 ballot. The city has 20 days to verify the signatures. To learn more about the initiative, click here.

Rhode Island: Legislators are contemplating whether to override Gov. Don Carcieri’s (R) recent veto of legislation that sought to study whether the state should establish state-licensed ‘Compassion Clubs’ to provide medicinal cannabis to authorized patients. In 2005 and 2007, Gov. Carcieri vetoed legislation to legalize the medical use of cannabis by state-authorized patients. Both vetoes were eventually overridden by the legislature. For more information, please visit the Rhode Island Patient Advocacy Coalition here here. To hear comments from RIPAC Executive Director Jesse Stout on NORML’s Daily Audio Stash, please click here.

Hawaii: Republican Governor Linda Lingle vetoed legislation (House Bill 2675) this week that sought to establish a legislative commission to study ways to better provide medical cannabis to state-qualified patients. In her veto message, Gov. Lingle said she opposed the bill because “the use of marijuana, even medical marijuana, is illegal under federal law,” and because she believes that there are alternative prescription drugs available besides cannabis. Although the Senate voted to override the Governor’s veto, the House chose not to. To hear comments from Drug Policy Forum of Hawaii Executive Director Pam Lichty on NORML’s Daily Audio Stash, please click here.

Oregon: Oregon NORML held a press conference this week to announce the launch of the Oregon Cannabis Tax Act (OCTA), which seeks to regulate the sale of cannabis in state liquor stores. Proponents of the measure must collect 83,000 signatures from registered voters to qualify the initiative for the November 2010 ballot. To view the press conference, click here. To read media coverage of the campaign launch, please visit here.

California: Via CBS News — “The Berkeley City Council has placed on the Nov. 4 ballot [a measure that] would eliminate limits on the amount of medical marijuana that could be legally processed by patients or caregivers, establish peer review for medical marijuana collectives to police themselves and allow medical marijuana dispensaries to locate where permitted without a public hearing. The initiative failed by only 191 votes in 2004 but a judge nullified the results, ruling that Alameda County election officials mishandled a recount and ordering that the measure be placed back on the ballot in November.”

Below is this week’s summary of pending state legislation and tips to help you become involved in changing the laws in your state.

California: The Senate Judiciary Committee approved Assembly Bill 2279 this week by a vote of 3-2. The measure now awaits action by the full Senate. (The state Assembly previously passed the measure 42-29 in May.) If enacted, AB 2279 would protect patients from employment discrimination on the basis of their state-licensed medical cannabis use in off-work hours. Californians are strongly encouraged to contact their Senators via NORML’s online advocacy system.

Hawaii: Governor Linda Lingle said this week that she may veto House Bill 2675, which would establish a legislative medical marijuana task force to explore ways to provide legal cannabis for Hawaii’s state-qualified medical cannabis patients. If you live in Hawaii, you may contact the Governor via NORML’s online advocacy system.

North Carolina: Lawmakers heard testimony this week in support of legislation (HJR 2405) seeking to establish a task force to study options for regulating the legal use of medical marijuana for qualified patients. House members did not vote on the bill. Residents in North Carolina are strongly encouraged to contact their House members via NORML’s online advocacy system.

New York: The Legislature adjourned this week without calling for a Senate vote on Assembly Bill 4867B, which sought to allow qualified patients to grow and possess medical cannabis under a doctor’s supervision. This marked the second consecutive year the Assembly had passed medi-pot legislation, only have it die in the Senate. 

Below is this week’s summary of pending state legislation and tips to help you become involved in changing the laws in your state.

Illinois: Senate Bill 2865, which seeks to allow for the therapeutic use of cannabis for qualified patients, awaits action by the full Senate. This bill was recently amended to address concerns voiced by some of the Illinois law enforcement community. Illinois NORML supporters are urged to contact their state senator in support of SB 2865 through NORML’s online advocacy system.

Minnesota: Medical cannabis legislation is anticipated to go before the full House for a floor vote imminently, and if approved there, to the Governor’s desk. This legislation would ensure that medical marijuana patients in Minnesota would no longer have to fear arrest or prosecution from state law enforcement. However, Governor Pawlenty has indicated that he intends to veto this bill if it gets to his desk. You can view an ad urging Governor Pawlenty to rethink his position here. Minnesotans are strongly encouraged to urge their Representatives and the Governor to support these bills via NORML’s online advocacy system.

Hawaii: House Bill 2675, which would establish a legislative medical marijuana task force in Hawaii, is now before the governor. If signed into law, this task force would examine issues regarding adequate supplies of medical marijuana for qualified patients, distinguishing between mature and immature plants under current law, the feasibility of constructing secure growing facilities for medical marijuana patients to use to produce their medicine, and study inter-island travel issues related to medical marijuana. Hawaiian supporters can email their state senators via NORML’s online advocacy system.

Vermont: The Vermont Senate is expected to vote on House Bill 267, which would define industrial hemp as an “agricultural product” and establish regulations for its production by state-licensed farmers. If approved, Vermont will join more than a dozen states that have enacted laws or resolutions endorsing the study and/or production of industrial hemp. Vermont NORML supporters are strongly encouraged to send their state senator a prewritten letter urging passage of HB 267 via NORML’s online advocacy system.

New Hampshire: NORML is disheartened to announce that the New Hampshire Senate has defeated House Bill 1623, which would have decriminalized minor marijuana possession, in a voice vote this week. The Senate vote, which was not unexpected, followed weeks of veto threats from Governor John Lynch. The measure had previously passed the House by a vote of 193 to 141. NORML would like to take this time to thank NORML supporters who contacted their House Representatives in support of HB 1623. Your efforts made a huge difference in persuading the House to pass this vital piece of legislation. To remain involved in cannabis law reform efforts in New Hampshire, please visit: http://nhcommonsense.org.

Below is this week’s summary of pending state legislation and tips to help you become involved in changing the laws in your state.

Minnesota: Minnesota’s House Ways and Means Committee may soon be voting on a medical cannabis bill, Senate File 345, along with its companion bill, House File 655. From Ways and Means, it would go to the House floor, and if passed there, the Governor’s desk. If passed, this legislation will help to ensure that medical marijuana patients in Minnesota will no longer have to fear arrest or prosecution from state law enforcement. However, Governor Pawlenty has indicated that he is inclined to veto this bill if it gets to his desk. Minnesotans can urge their Representatives and the Governor to support these bills via NORML’s online advocacy system.

California: In another victory for cannabis law reformers, Assembly Bill 2389 – which sought to require drug testing for recipients of state benefits and welfare – was defeated in the Assembly Committee on Human Services with six members voting no, and only one yes. AB 2389 drew opposition from a wide range of groups, including the ACLU, NOW, the California Nurses’ Association, the California State Association of Counties, and the County Alcohol and Drug Program Administrators Association. It was supported by the San Bernardino County Sheriff’s office. California NORML Director Dale Gieringer submitted testimony against the measure, available here.

Hawaii: House Bill 2675, which would set up a medical marijuana task force to examine and make recommendations to correct the problems facing medical cannabis patients in Hawaii, passed the Senate Judiciary Committee unanimously unamended. If passed, this task force would examine issues regarding adequate supplies of medical marijuana for qualified patients, distinguishing between mature and immature plants under current law, the feasibility of constructing secure growing facilities for medical marijuana patients to use to produce their medicine, and study inter-island travel issues related to medical marijuana. Hawaiian supporters can email their state senators via NORML’s online advocacy system.

Rhode Island: The Rhode Island Senate Committee held a hearing on Senate Bill 2693 on Thursday, April 3. SB 2693 would set up a dispensary system for Rhode Island’s state-qualified medical cannabis patients. The committee heard testimony in favor of the bill from Buddy Coolen of Warwick, who was recently robbed at gunpoint while attempting to obtain the cannabis he is permitted under state law. Rhode Islanders can write their Senate and House members in support of this bill and its companion, House Bill 7888, through NORML’s online advocacy system.

Below is this week’s summary of pending state legislation and tips to help you become involved in changing the laws in your state.

NEBRASKA: In a major victory for pot-law reformers, Legislative Bill 844 – which sought to recriminalize minor marijuana possession offenses in Nebraska — has been amended. Under current state law, first-time marijuana possession offenses are punishable by a non-criminal citation and a $100 fine. As introduced, LB 844 sought to impose a sentence of up to 90 days in jail for first-time marijuana offenders. As amended, the proposal would increase the maximum fine for pot possession to $300, but would not impose criminal sanctions. The bill now awaits action from full legislature.

CALIFORNIA: California’s Dale Gieringer submitted written testimony opposing Assembly Bill 2389, which seeks to require drug testing for recipients of certain state benefits or cash assistance. Gieringer will testify before the Committee on Human Services in opposition to the proposal at a legislative hearing on Tuesday, April 1. Gieringer will also testify at an upcoming hearing in support of AB 2279, which seeks to end state employment discrimination against qualified medical cannabis patients.

HAWAII: The House Judiciary this week passed an amended resolution (HCR 49) that seeks to allow for state-qualified farmers to provide medical cannabis to authorized patients. The Senate Judiciary is expected to vote imminently on a separate measure, House Bill 2675, which seeks to establish a legislative task force to study issues pertaining to the legal supply of medical marijuana for authorized patients.

And finally, in non-state related legislative news, several newspaper columnists and editorial boards this week have endorsed Massachusetts Congressman Barney Frank’s pending legislation to strip the federal government of its authority to arrest responsible cannabis consumers. You can read examples here, here, and here.

Below is this week’s summary of pending state legislation and tips to help you become involved in changing the laws in your state. 

NEW HAMPSHIRE: No surprise the biggest political news of the week comes from New Hampshire, where the House voted Tuesday to decriminalize pot possession. Kudos to the nearly 700 NORML supporters who contacted their representatives in support of HB 1623. Our allies at NH Common Sense are now encouraging supporters to contact Governor John Lynch and urge him to rethink his position on HB 1623. Activists may also wish to give their two cents to Manchester Mayor (and wannabe Governor) Frank Guinta, who appears to have lost his mind following Tuesday’s surprise vote.

HAWAII: House Bill 2675, which seeks to establish a legislative task force to study issues pertaining to the legal supply of medical marijuana for authorized patients, continues to move forward in the Senate. (The bill already passed the House.) As recently amended by the Senate Health Committee, the proposal would establish a legislative task force to “study the feasibility of developing safe growing facilities” to provide therapeutic cannabis to state-qualified patients. To contact your elected officials in support of HB 2675, please click here. To watch excerpts from a recent legislative hearing, click here.

CALIFORNIA: California NORML’s Dale Gieringer, along with the owners of several medical cannabis dispensaries, testified before the state Board of Equalization on Tuesday in favor of legislation to tax the retail sale of medical cannabis. He said that sales tax revenue from cannabis could total more than $160 million annually. Legislation to tax and regulate medical cannabis sales is pending in the state Senate.

MASSACHUSETTS: The House Judiciary Committee heard testimony this week from supporters and opponents of an initiative petition that seeks to decriminalize the possession of up to one ounce of marijuana. You can view excerpts from the hearing here. If legislators fail to approve the measure, it will go before Massachusetts voters in November.