NORML’s Weekly Legislative Update

Lawmakers around the country are debating a record number of marijuana law reform bills in 2010. NORML’s Weekly Legislative Round Up is your one-stop guide to pending marijuana law reform legislation around the country, along with tips for influencing the policies of your state.

** 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 make the changes they want to see. We can’t do it without you.

Hawaii: Senate lawmakers approved a series of bills last week that seek to reform the state’s marijuana laws. Senators voted unopposed in favor of SB 2450, which seeks to reduce penalties for the adult possession of up to one ounce of marijuana from a criminal misdemeanor punishable by up to 30 days in jail and a $1,000 fine to a civil offense. You can read NORML’s recent commentary and testimony in favor of this measure here and here. You can voice your support for the measure here.

Senators this week also approved Senate Bill 2141, an act to increase the quantities of medical marijuana that a patient may legally possess under state law to ten plants and five ounces at any given time. Lawmakers approved the proposal by a 24 to 1 vote. Lawmakers also voted in favor of SB 2213, which would establish ‘compassion centers’ to provide medical marijuana to authorized patients. All three measures are now before the House for consideration. You can learn more about these proposals here.

Washington: House lawmakers on Wednesday, March 3, voted 58 – 40 in favor of an amended version of Senate Bill 5798, which would expand the state’s nearly twelve-year-old medical marijuana law. Because the House made minor amendments to the bill, it now must be re-approved by the Senate — who previously had 37 to 11 in favor of the bill in February. If enacted, SB 5798 will allow additional health care professionals – including naturopaths, physician’s assistants, osteopathic physicians, and advanced registered nurse practitioners – to legally recommend marijuana therapy to their patients. Under present law, only licensed physicians may legally recommend medicinal cannabis. To learn more about this measure, please visit NORML’s ‘Take Action’ Center here.

Rhode Island: House lawmakers this week for the first time introduced legislation to legalize the production, distribution, and personal use of marijuana for adults age 21 and older. As introduced, House Bill 7838: The Taxation and Regulation of Marijuana Act, would exempt adults from any statewide criminal or civil penalty for the possession of up to one ounce of marijuana, engaging in the not-for-profit transfer of small amounts of marijuana, and/or the cultivation of up to three marijuana plants. The proposal also establishes licensing requirements for the commercial cultivation and distribution of marijuana via retail facilities. The measure states that “at least one” marijuana retailer shall exist per county within one year following the passage of this act. To learn how you can support this act, please visit here.

New Hampshire: Next Wednesday, March 10, House lawmakers are scheduled to vote on House Bill 1653, which would amend penalties for possession of marijuana from a criminal misdemeanor, punishable by up to one year in jail and a $2,000 fine, to a civil offense punishable by no more than $200.00. Members of the House Criminal Justice and Public Safety Committee previously voted 16 to 2 in favor of passing the bill, and NORML anticipates that House lawmakers will do the same. However, Democrat Gov. John Lynch has threatened to veto the measure. Contact information and talking points for Gov. Lynch may be found at NORML’s ‘Take Action Center’ here.

Massachusetts: The Joint Committee on Judiciary held a hearing on Tuesday to debate SB 1801, which seeks to “regulate and tax the cannabis industry” in Massachusetts. You can watch video from the hearing here, and you can contact your state elected officials in support of the measure here.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.

NORML’s Weekly Legislative Update

Lawmakers around the country are debating a record number of marijuana law reform bills in 2010. NORML’s Weekly Legislative Round Up is your one-stop guide to pending marijuana law reform legislation around the country, along with tips for influencing the policies of your state.

** 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 make the changes they want to see. We can’t do it without you.

Massachusetts: On Tuesday, March 2, members of the Joint Committee on the Judiciary will hear testimony in favor of Senate Bill 1801, which seeks to legally regulate the commercial production and distribution of marijuana for adults over 21 years of age. The hearing is scheduled for 1:00pm in room A-1 of the Massachusetts State House. You can read NORML’s written testimony to the Committee here. You can also watch video of NORML representatives previously testifying in favor of this measure before lawmakers here. For information on attending next week’s hearing please visit here, or to contact the Committee, please go here.

Washington, DC: Members of the DC City Council’s Committee on Health this week held their first hearing on implementing the District’s new medical marijuana law. Council members heard several hours of testimony regarding B 18-622, the Legalization of Marijuana for Medical Treatment Initiative Amendment Act 0f 2010, which seeks to implement local regulations regarding the medical use and distribution of medical marijuana to qualified patients. Representatives from NORML testified on behalf of the measure, which is expected to be enacted by the Council by May of this year. If approved by the Council, Congress has 30 days to either approve or reject the measure. More information about this measure is available from NORML’s ‘Take Action Center’ here.

South Dakota: Representatives of the South Dakota Coalition for Compassion this week turned in nearly twice the required number of signatures necessary to place a medical marijuana legalization initiative on the November 2010 statewide ballot. You can read the text of the measure here, or become involved in the campaign by going here. NORML will begin reporting more in depth about this effort once the measure has been certified by the state to appear on the 2010 ballot.

Hawaii: Members of the Senate Committee on Judiciary and Government Operations heard testimony today in favor of SB 2450, which seeks to reduce minor marijuana possession penalties from a criminal misdemeanor, punishable by up to 30 days in jail and a $1000 fine, to a civil infraction punishable by a fine only. You can read NORML’s written testimony in support of the measure, which is co-sponsored by 19 of Hawaii’s 25 Senators, here.

Maryland: On Friday, February 26, at 1:00pm the House Committee of Health and Government Operations and the House Committee of the Judiciary will jointly hear testimony regarding several legislative proposals that seek to legalize the use, production, and distribution of medical marijuana. NORML representatives will be in attendance and testifying at tomorrow’s hearing.

New York: On Tuesday, members of the Senate Health Committee passed S. 4041, which seeks to allow state-qualified patients to possess up to 2.5 ounces of medical marijuana for therapeutic purposes. To learn more about S. 4041 and/or its Assembly companion bill, please visit NORML’s ‘Take Action Center’ here.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.

Want To Know Why Marijuana Is Illegal? Ask Governor John Lynch (Or Ask Your Own Governor)

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.

See No Evil, Hear No Evil, Speak No Evil

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.)

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NORML’s Weekly Legislative Round Up

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.