Australia: Members of Australia’s House and Senate approved legislation this week to amend federal law to permit for the licensed production and distribution of cannabis to qualified patients. The move by Parliament follows recent efforts by several Australian territories to provide patients participating in clinical trials with access to the plant. Government officials will still need to develop and approve regulations for the new program before any production licenses can be issued.
Canada: A federal court in Canada ruled this week that government officials cannot prohibit physician-authorized patients from growing their own supply of medical cannabis. The decision strikes down regulations enacted in 2013 that sought to take away patients’ longstanding authority to grow personal use quantities of cannabis.
The judge’s ruling provides Parliament with six months to create new rules governing the regulation and distribution of medical cannabis in a manner that no longer requires patients to obtain medicine solely from federally-licensed, private third party providers. NORML Canada ‘s John Conroy served as lead counsel for the plaintiffs in the case, while NORML Deputy Director Paul Armentano served as an expert witness and filed an affidavit in the case.
In an interview from last year but only recently made public, former US Attorney General Eric Holder acknowledged that marijuana should “certainly be rescheduled”. He said, “You know, we treat marijuana in the same way that we treat heroin now, and that clearly is not appropriate. So at a minimum, I think Congress needs to do that. Then I think we need to look at what happens in Colorado and what happens in Washington.”
While NORML agrees that marijuana’s current classification in the Controlled Substances Act is inappropriate, NORML believes in descheduling cannabis, not rescheduling the plant. In an article published this week on Alternet, NORML Deputy Director Paul Armentano outlines why rescheduling cannabis does not go far enough and advocates for why it should be removed from the CSA altogether.
Georgia: Legislation has been introduced, House Bill 1046, to amend state law so that minor marijuana offenders no longer face jail time. If approved, the legislation would make the first time possession of up to one ounce of marijuana punishable by a $250 fine. Subsequent offenses would result in a $500 fine for the second offense and $750 fine for the third offense. #TakeAction
Hawaii: Pending legislation, Senate Bill 2787, to further encourage the state Department of Agriculture to license farmers to grow industrial hemp for “research and development purposes” was approved by the Senate Committee on Judiciary and Labor this week. The committee approved an amended version of the legislation in a 4-0 vote. #TakeAction
Pennsylvania: Members of the Harrisburg City Council have scheduled two separate public meetings to discuss a proposal to redefine municipal marijuana possession offenses from a misdemeanor to a citation. The meetings will be Thursday March 10 at the Harrisburg Area Community College midtown campus, Midtown 2, Room 206, at 1500 North Third Street and Thursday March 24 at the city’s public works building at 1820 Paxton Street. Both meetings will start at 5:30 p.m.
Michigan: Newly introduced Senate legislation, SB 813, seeks to permit for the personal possession, cultivation, and retail sale of marijuana. Under the measure, adults would be permitted to possess and grow personal use quantities of the plant, and a system would be established for the retail production and sale of cannabis. Similar legislation introduced in the fall of 2015, HB 4877, remains pending in the Judiciary Committee. #TakeAction
Vermont: Members of the Senate voted 17 to 12 on Thursday in favor of legislation, Senate Bill 241, to regulate the adult use, production, and sale of cannabis. The historic vote marks the first time that any legislative chamber in the state has ever approved legislation to permit the adult use and retail sale of cannabis.
The Senate’s action was praised by Gov. Shumlin, who is backing the measure. The measure now will be debated by members of the Vermont House. #TakeAction
West Virginia: House Bill 4712 was introduced this week to depenalize marijuana possession offenses. The legislation removes marijuana from West Virginia’s list of schedule I drugs and removes all state criminal and civil penalties associated with the substance. Additionally, the proposal allows adults 21 and older to cultivate up to six cannabis plants, and to transfer up to one ounce of cannabis to another person age 21 or older without remuneration. #TakeAction
In addition, senate legislation is pending to permit qualified patients access to medical cannabis. Senate Bill 640 permits qualified patients to engage in marijuana therapy and to cultivate (up to 12 mature plants) and to possess (up to six ounces) personal use amounts of cannabis. The measure also seeks to establish a permitting process for “registered compassion centers”, which will be licensed to produce and dispense medicinal cannabis to qualified patients. The bill is before the Senate Health and Human Resources Committee. You can read the full text of this measure here. Companion legislation, House Bill 4680, has also been filed in the House of Representatives. #TakeAction
Legislation around the country continues to move forward and more measures are being introduced every day! We have updates from , Florida, Hawaii, Kansas, Maine, Maryland, Missouri, New Mexico, and Rhode Island. Keep reading below to see what the latest in marijuana law reform is this week.
Florida: On Thursday, Tampa City Council voted to draft a marijuana decriminalization ordinance. The ordinance would treat small marijuana infractions as a citation, fine-only offense, similar to a traffic ticket or an open container offense. Similar municipal measures have recently been enacted in Miami Dade county and in West Palm Beach county. Under state law, minor marijuana possession offenses are classified as criminal misdemeanors, punishable by up to one year in prison and a $1000 fine.You can contact Tampa City Council members and urge their support for this common sense policy, here.
Hawaii: House lawmakers took no action on legislation that sought to eliminate patients’ longstanding rights to cultivate medical marijuana. House Bill 1680 sought to repeal patients’ legal authority to cultivate personal use quantities of cannabis. The legislation was not heard in time for the filing deadline and therefore will no longer be considered by lawmakers during this legislative session. NORML would like to thank everyone who contacted their lawmakers and urged them to reject HB 1680.
Kansas: After Members of the Senate voted 38 to 1 on Wednesday, February 3, in favor of a Committee substitute version of HB 2049, the amended language was sent to the House for a concurrence vote. Because the House did not concur with all of the Senate changes, the bill will now be sent to a Conference Committee to reconcile the differences. The amended language reduces 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). #TakeAction
Maine: Senator Thomas Saviello has introduced legislation (LD 726) to permit qualified patients to use medical marijuana in Maine hospitals. Members of the Health and Human Services Committee approved this legislation on Wednesday, February 10th. As this measure continues to move forward it’s important to contact your Senator and urge their support! #TakeAction
Maryland: A new bill has been introduced to 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, this new measure is unnecessary and overly punitive. House Bill 1304 is scheduled to be heard by members of the House Judiciary Committee, March 1st at 1PM. #TakeAction
A related measure, House Bill 183, was amended by the House so that all provisions seeking to criminalize public use were removed. As amended, the measure explicitly prohibits cannabis inhalation by a driver or passengers in a moving motor vehicle. Engaging in such behavior will be a citable offense, punishable by a fine only. Following these amendments, NORML has dropped our formal opposition to this bill, which will now be debated by members of the Senate.
Missouri: Legislation to permit qualified patients to consume cannabis with a physician’s written authorization is pending in the 2016 legislative session. House Bill 2213, the Missouri Compassionate Care Act, permits qualified patients to engage in cannabis therapy and establishes a licensed system for cannabis production and distribution. #TakeAction
New Mexico: Members of the Senate unfortunately voted down Senate Joint Resolution 5 which sought to put legalization before a public vote this November. Although 17 Senators stood in favor of the measure, 24 voted against it. However, the vote marks the first time that such a measure has ever been debated on the floor of either chamber of the New Mexico legislature.
After extremely compelling testimony from injured workers in earlier committees, the Senate Judiciary Committee refused to schedule a hearing for House Bill 195, which sought to prohibit workers compensation insurers from reimbursing employees who qualify for medical cannabis access for injuries sustained on the job. This means that the measure, which had been narrowly approved by members of the House of Representatives, is now dead for 2016. NORML thanks those of you who took time to contact your elected officials and encouraged them to reject this legislation.
Rhode Island: A coalition of Rhode Island lawmakers, including a majority of members of the Senate Judiciary Committee, have introduced legislation, Senate Bill 2420, to permit the personal cultivation and commercial retail sale of marijuana. The Marijuana Regulation, Control and Taxation Act, would regulate the commercial production and retail sale of marijuana to those over the age of 21. Adults would be permitted to purchase and possess up to one ounce of marijuana. It also permits adults to cultivate up to two marijuana plants (no more than 1 mature) at home for non-commercial purposes. #TakeAction
Legislation, SB 2115 and HB 7142, is pending to make post-traumatic stress patients eligible for medical cannabis treatment and to accelerate access to those patients in hospice care. The Senate version of the bill is pending before members of the Senate Health and Human Services committee. The House version of the bill is before members of the Judiciary Committee. #TakeAction
Vermont: Members of the Senate are anticipated to decide on legislation to regulate the adult use, production, and sale of cannabis. 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. #TakeAction
Don’t forget to take a look at our #TakeAction Center for up to date information on all pending marijuana law reform legislation.
This 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.
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.”
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. #TakeAction
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. #TakeAction
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. #TakeActionWashington 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.
Exciting 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.
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.
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.
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.
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.
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.
For more information on these measures or to take action and contact your lawmakers urging their support for these measures click here.
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 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.
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.
Legislation to establish a system of medical dispensaries for the state’s nearly 14,000 medical marijuana patients has become law.
Governor David Ige signed the measure, stating, “I support the establishment of dispensaries to ensure that qualified patients can legally and safely access medical marijuana. We know that our challenge going forward will be to adopt rules that are fair, cost effective and easy to monitor. The bill sets a timeline. We will make a good faith effort to create a fair process that will help the people most in need.”
House Bill 321 permits the state “to issue eight dispensary licenses statewide; provided that three dispensary licenses shall be issued for the city and county of Honolulu, two dispensary licenses each shall be issued for the county of Hawaii and the county of Maui, and one dispensary license shall be issued for the county of Kauai. … Up to two production centers shall be allowed under each dispensary license, provided that each production center shall be limited to no more than three thousand marijuana plants. A dispensary licensee may establish up to two retail dispensing locations under the licensee’s dispensary license.”
The state Department of Health has until January 4, 2016 to finalize rules governing the dispensary program. Licensed dispensaries are anticipated to be operational by July 15, 2016. Once operational, qualified patients will be able to obtain up to four ounces of cannabis or cannabis-infused products, such as oils, tinctures, or lozenges, from a licensed provider every 15 days.
A separate provision included in HB 321 also adds post-traumatic stress as a qualifying condition under the state’s medical cannabis law.
Legislation initially enacted by the legislature in 2000 provides qualified patients the legal right to possess and cultivate cannabis for therapeutic purposes, but did not allow for its production and distribution via dispensaries.