This has been an exceptionally busy week at the state and federal level for marijuana law reform. Keep reading to get the latest news and to find out how you can #TakeAction.
A bipartisan coalition of House and Senate lawmakers have proposed legislation, the Medical Marijuana Research Act of 2016, to expedite clinical investigations into the safety and efficacy of cannabis. Passage of the measures — House Bill 5549 and Senate Bill 3077 — would expedite federal reviews of clinical protocols involving cannabis, provide greater access to scientists who wish to study the drug, and mandate an FDA review of the relevant science. #TakeAction
Arkansas: Representatives of the group Arkansas for Compassionate Care turned in over 100,000 signatures from registered voters this week in hopes of qualifying the 2016 Arkansas Medical Cannabis Act for the November ballot. The proposed initiative establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions – including ADHD, intractable pain, migraine, or post-traumatic stress – may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to cultivate their own medicine at home.
In 2012, 51 percent of voters narrowly rejected a similar statewide initiative, known as Measure 5. However, recent polling shows that support has increased dramatically since then, with 84 percent of registered Arkansas voters agreeing that “adults should be legally allowed to use marijuana for medical purposes.”
For more information on the campaign, please visit Arkansans for Compassionate Care.
California: Both the American Civil Liberties Union of California and the California Democratic Party have publicly endorsed the Adult Use of Marijuana Act (AUMA). The initiative, which is expected to appear on the November ballot, permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possession and cultivate cannabis for non-commercial purposes.
Delaware: House lawmakers have overwhelmingly approved legislation, SB 181, to permit designated caregivers to possess and administer non-smoked medical marijuana formulations (e.g. oils/extracts) to qualifying patients “in a school bus and on the grounds or property of the preschool, or primary or secondary school in which a minor qualifying patient is enrolled.” Senate lawmakers previously approved the bill on June 9th.
Gov. Jack Markell, D-Delaware, is expected to sign the legislation into law. The measure will take effect upon the Governor’s signature. To date, two other states — Colorado and New Jersey — impose similar legislation.
Florida: Elected officials of yet another Florida county have voted to provide local law enforcement with the option to cite rather than arrest minor marijuana possession offenders. Osceola County commissioners passed the ordinance on Tuesday. The new ordinance is similar to those recently passed in Orlando, Tampa, Volusia County, Palm Beach County, Broward County, West Palm Beach, Key West, Hallandale, Miami Beach and Miami-Dade county.
New Jersey: Legislation to add PTSD to the list of qualifying conditions eligible for medical marijuana is moving forward through state legislature.
Members of the Assembly approved the legislation in a 56 to 13 vote on June 16th. On the same day, members of the Senate Health, Human Services and Senior Citizens Committee approved an identical measure, Senate Bill 2345, in a 6 to 3 vote. Thirteen states already allow PTSD patients to access medical marijuana including Delaware, Maryland, and Pennsylvania.
The measure now awaits a vote by the full Senate. #TakeAction
New York: Legislation has been approved to facilitate the processing and sale of hemp and locally produced hemp products. The measures, A 9310 and S 6960, expand upon New York’s existing hemp research program to permit for the sale, distribution, transportation and processing of industrial hemp and products derived from such hemp. Under existing law, licensed farmers are only permitted to engage in the cultivation of hemp for research purposes as part of an academic program.
Both chambers have approved the legislation so now it awaits a signature from Governor Andrew Cuomo.#TakeAction
Rhode Island: House and Senate lawmakers approved House Bill 7142, legislation to permit post-traumatic stress patients to be eligible for medical cannabis treatment and to accelerate access to those patients in hospice care. Members of both chambers overwhelmingly approved the measure. It now heads to the desk of Democratic Governor Gina Raimondo.#TakeAction
House and Senate lawmakers also approved legislation to create the “Hemp Growth Act “. This measure will classify hemp as an agricultural product that may be legally produced, possessed, and commercially distributed. The Department of Business Regulation will be responsible for establishing rules and regulations for the licensing and regulation of hemp growers and processors. The Department is also authorized to certify any higher educational institution in Rhode Island to grow or handle or assist in growing or handling industrial hemp for the purpose of agricultural or academic research. The legislation now awaits action from Governor Gina Raimondo. If signed, the law will take effect January 1, 2017.#TakeAction
As Colorado approaches its fourth year of legal marijuana, consumers around the state are still struggling with the issue of acceptance. With local governments passing restrictive laws aimed at preventing the public consumption and/or display of marijuana, marijuana consumers are being forced to enjoy their legally purchased products behind closed doors. Take Denver for example. In 2013, City Council members passed an ordinance that established fines of up to $999 for those who are caught smoking in a public space. This left in state consumers with nowhere to consume their marijuana other than a private residence, and left out-of-state consumers with no legal place to consume at all.
After the new law was put into place, Denver police officers issued more than 650 tickets within the first year, compared to just over 117 for the previous year. This massive increase of 461 percent in citations speaks volumes to the obvious need for a more thoughtful approach. It just doesn’t make sense to provide a legal avenue for adults to purchase marijuana while simultaneously applying restrictions that severely limit the act of consuming it. It’s fairly simple, marijuana consumers deserve similar rights that our society typically affords to someone who enjoys a glass of wine at a local wine bar after an exhausting day.
Hopefully this situation will soon change. Last week Denver NORML filed the Responsible Use initiative with the city of Denver. If passed by voters this November, it would legalize the establishment of private marijuana clubs for adults 21 and up. Passage of this ordinance would be a historic first step in moving towards the ultimate goal of normalizing the consumption of marijuana in our country. The initiative would provide responsible adults a legally defined space where marijuana could be consumed and shared with other like-minded adults — a simple, yet necessary accommodation for states that have passed some form of legalization. It’s time for marijuana consumers to embrace the idea that just like any other consumer focused industry, we have rights.
We have our work ahead of us: gathering signatures, voter outreach and coalition building will be our top priorities over the next few weeks. Even in a progressive city such as Denver, where marijuana is fairly popular, we must work to earn the support non-consumers to ensure a victory on this issue. I believe we can accomplish this by offering a pragmatic initiative that will focus on the basics. There are plenty of places to grab a drink or a quick bite to eat, but we as marijuana consumers have no where to legally consume marijuana other than the privacy of someone’s home. If we focus on what is truly needed, I believe we can increase our chances of being successful this November.
To learn more about the Responsible Use Initiative or to get involved, please visit the campaign’s website by clicking, here!
Legislative sessions around the country are moving quickly with several already coming to a close. It’s important to stay updated on pending measures in your state because NOW is the time to contact your elected officials using our #TakeAction Center urging their support for marijuana law reform. Keep reading to get this week’s latest legislative highlights!
Florida: House and Senate lawmakers have approved legislation, House Bill 307, to permit medical marijuana access to people diagnosed with terminal illnesses. Florida law already permits for the production of strains of cannabis high in CBD to be dispensed to qualified patients with cancer, muscle spasms, and intractable seizures. However, to date, this program has yet to be operational. House Bill 307 seeks to expand state-licensed medical marijuana production to also include strains dominant in THC. The measure now awaits action from Florida Governor Rick Scott.
Maine: The Campaign To Regulate Marijuana Like Alcohol, a ballot initiative that is seeking to put the question of marijuana legalization before voters in the state this November, is suing the state of Maine for invalidating 26,779 signatures. The campaign had originally turned in 99,229 signatures from registered voters by the February 1st deadline in hopes of meeting the required number of 61,123 valid signatures to make the ballot. Secretary of State Matt Dunlap invalidated the signatures because the signature of the notary who signed the petitions allegedly did not match the signature on file with staff.
Nebraska: Legislation remains pending, LD 643: the Cannabis Compassion and Care Act, to permit qualified patients to legally possess and cultivate cannabis. The measure permits patients permits patients to grow up to 12 plants and/or to possess up to six ounces of cannabis for therapeutic purposes. The bill also establishes licensed compassion centers to provide cannabis to qualified patients. #TakeAction
New York: Legislation has been introduced, A 9510, to expand the pool of medical professionals who can provide written recommendations for marijuana to qualifying patients. If passed, the legislation would allow physician assistants and nurse practitioners who are in good standing with the state to provide written certifications to qualifying patients. New York legalized medical marijuana in 2014, however the law is one of the most restrictive in the country. Patients may only use non-smokable forms of marijuana and many are struggling to find physicians who can certify them access to medical marijuana preparations. This pending legislation would increase the number of medical professionals eligible to participate in the program, thereby increasing access to those patients who so desperately need it. #TakeAction
Oklahoma: House lawmakers have approved legislation, House Bill 2835, to expand the pool of patients eligible to possess cannabidiol (CBD) under a physician’s authorization. If passed, those with Alzheimer’s disease, dementia, chronic pain, neuropathic pain, spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases, and/or attention deficit hyperactivity disorder or bipolar affective disorder would be allowed access to CBD. The bill now awaits Senate action. #TakeAction
Utah: Lawmakers have adjourned for 2016 without taking action to expand medical cannabis access to seriously ill patients. Members of the House Health and Human Services Committee voted 8-4 on Monday, March 7, against the passage of Senate Bill 73, the Medical Cannabis Act. A separate measure, SB 89, was approved by members of a House committee however, lawmakers ultimately failed to back the measure, alleging that the law would be too expensive to implement.
Vermont: Members of various House Committee are anticipated to begin taking testimony next week with regard to Senate Bill 241, to regulate the adult use, production, and sale of cannabis. Members of the Senate previously voted 17 to 12 in favor of the legislation, which is backed by Gov. Shumlin. Now the measure faces a potentially uphill battle in the House, starting with the House Judiciary Committee. It is vital that House representatives hear from you in support of SB 241. #TakeAction
Virginia: Members of the House of Delegates and the Senate have decided in favor of Senate Bill 701, which permits for the in-state production of therapeutic oils high in cannabdiol and/or THC-A (THC acid). The Governor has untilApril 11 to act on the bill. #TakeAction
Washington: Governor Jay Inslee decided on Wednesday, March 9th, to veto legislation, Senate Bill 6206, which sought to establish licensed hemp production. House and Senate lawmakers had previously approved legislation, which would have authorized “The growing of industrial hemp as a legal agricultural activity” in accordance with federal legislation permitting such activity as part of a state-authorized program.
LATEST NORML NEWS
State and Local:
Everyday NORML Affiliates and Chapters from around the country invest countless hours into contacting representatives, hosting events, and talking to voters, all with the hope of passing meaningful marijuana reforms on the local, state and federal level! In an effort to highlight their hard work and accomplishments, we will feature their stories on NORML.org and promote the content through our social media channels. To get involved in your area, please send an email to KevinM@NORML.org to get started today!
California NORML’s executive director questioned a recent report produced by an anti-tobacco organization that encouraged municipalities to ban the use of marijuana in public areas or in locations that must adhere to clean indoor air regulations.
“The report vastly inflates the health hazards of smoked marijuana, but concedes that it shouldn’t be criminalized. Rather, it calls for stigmatizing it as much as possible,”
As California gets closer to approving a legalization measure for this November’s ballot, some activists are raising concerns about the impact it will have on the state’s medical marijuana program.
“If you look at the ballot initiative that’s circulating right now, it doesn’t give a lot of incentives to the medical marijuana industry except that you can avoid some of the (proposed 15 percent excise and extra cultivation) taxes if you go to some trouble.”
“We are calling for locals to repeal the bans in favor of meaningful land regulations that will enact the statewide licensing standards … in order to protect public safety, the environment and patients’ rights,”
Last week, Denver NORML announced they will be leading a Responsible Use initiative that will allow the limited consumption of marijuana in the City of Denver. Details are still being worked out with NORML’s national office.
“We are willing to work with them on this issue — we just really want something to happen, we want action to take place,”
“Denver NORML announced that it would be filing its own initiative to put a limited social use of marijuana item on the ballot in 2016.”
Medical marijuana patients in Illinois experienced another setback after lawmakers rejected a proposal that would have expanded access to the state’s medical marijuana program.
“My concern is first and foremost for patients to have access to this medicine and if shops are closing then patients will have to go farther distances to get access to this medicine.”
“By having the Illinois Department of Public Health deny the eight conditions that the Medical Cannabis Advisory Board approved to be added to the list of debilitating conditions for the Medical Cannabis Pilot Program, this administration has turned their back on veterans suffering from PTSD”
After a long court battle, Iowa State University NORML won a first amendment lawsuit against school administrators after an attempt to censor a marijuana leaf printed on a t-shirt.
“Members of ISU NORML weren’t keen on being censored. They felt the administration was discriminating against their group. So on July 1, 2014, they filed a lawsuit alleging that school administrators had violated their constitutional rights.”
NORML KC is working hard to push an initiative that would decriminalize the possession of up to 35 grams of marijuana in Kansas City.
“Once you start talking to people about cannabis reform, you’d be surprised how many people are for it,” Kacz said. “It doesn’t have to be Democrats or liberals, it’s Republicans, it’s religious people, it’s elderly people.”
New Hampshire NORML urged lawmakers to support a bill that would add PTSD to the state’s list of ailments for medical marijuana.
“By stuffing opiates down people’s throats, it’s going to create a problem. You guys are going to have a heroin epidemic. You’re going to see it. And in the last two years, it is just out of control,”
With some of the stringent marijuana laws in the country, Virginia NORML continues to work with state lawmaker on a wide range of marijuana reform bills.
“We will continue to work educating lawmakers who wish to learn more about cannabis science and widely accepted medical applications, the successful decriminalization legislation in 21 states and successful medical legislation in 24 states.”
Washington NORML is encouraging lawmakers to support a bill that would permit the home cultivation of marijuana.
“NORML Washington is doing a great job leading this fight to grow your own marijuana. They have even made it possible for you to help the movement from your computer/tablet/phone. Here’s a letter they’ve put together for you to send to your representatives and urge their support for personal cultivation”
After going through a much needed reorganization, Wyoming NORML has assembled a strong team who are dedicated to passing the Peggy A. Kelley Wyoming Cannabis Act of 2016.
“We haven’t stopped on that from day one, but in the same process we just had to get things a little more organized and get a better structure in here.”
“NORML Wyoming spokeswoman Carrie Satterwhite said the group has the fewest number of volunteer petition circulators in the conservative northeast part of the state, but that region will be targeted in the upcoming months”
“Even though Wyoming NORML didn’t get enough signatures this year, members say if they have enough signatures for the 2018 ballot, medicinal marijuana could help Wyoming in the long run.”
NORML’s deputy director, Paul Armentano recently spoke to reporters about the need for a common sense approach to ending the prohibition of marijuana in America.
“This administration clearly recognizes that the present enforcement of marijuana prohibition and marijuana criminalization is out of step with both public opinion and common sense,”
NORML board member and passionate marijuana advocate will prove to be one of this year’s most effective weapon in the war against the prohibition marijuana.
“Steves has been on the board of the National Organization for the Reform of Marijuana Laws (NORML) for years and he has worked closely with Washington pot initiative author Alison Holcomb, who now heads the American Civil Liberties Union’s Campaign for Smart Justice”
During a recent interview, NORML’s deputy director, Paul Armentano shared his thoughts on a recent study about the health risks associated with marijuana use.
“Ultimately, this study’s findings are consistent with the notion that while cannabis is not altogether harmless, its potential risks to health relative to other substances — including legal substances like alcohol, tobacco and prescription medications — are not so great to warrant its continued criminalization,”
State legislators are pre-filing numerous marijuana reform bills in preparation for the start of the 2016 legislative season. Additionally, members of Congress are negotiating on federal funding measures that could have dramatic effects on national marijuana policy. Keep reading to below to find out what new legislative reforms are taking place in your state and what the federal budget could mean for you!
Federal: Congressional leadership is deciding on the inclusion of four marijuana-specific provisions in the FY 2016 spending bill. Passage of these measures will have an important effect on the role the federal government will play (or not) in 2016 federal marijuana policy. As previously reported on by Marijuana.com here they are:
*Prevent the Department of Justice and the Drug Enforcement Administration from spending money to interfere with the implementation of state medical marijuana laws.
-Similar language was enacted last year and is current law for Fiscal Year 2015. On June 3, the House approved the amendment by a vote of 242-186 and on June 11, the Senate Appropriations Committee adopted the amendment by a vote of 21-9.
* Prevent the Department of Justice and the Drug Enforcement Administration from spending money to interfere with the implementation of state industrial hemp research programs.
-Similar language was enacted last year and is current law for Fiscal Year 2015. On June 3, the House approved the amendment by a vote of 289-132 and on June 11, the Senate Appropriations Committee approved the amendment by a voice vote.
* Allow doctors with the Department of Veterans Affairs to recommend medical marijuana to military veterans, and prevent the V.A. from denying services to veterans because they are medical marijuana patients in accordance with state law.
-On April 30, the House narrowly rejected the amendment by a vote of 210-213 but on May 21, the Senate Appropriations Committee approved the amendment by a vote of 18-12, and its language was included in a bill passed by the full Senate on November 10.
* Prevent the federal government from punishing banks for doing business with state-legal marijuana providers.
Additionally, Congress will be weighing whether or not to include in the final spending package language that would bar Washington D.C. from implementing a recreational market for marijuana. Last year, Congress included language that prevented the district from taxing and selling marijuana, leading to the implementation of a grow and share program in the District.
We are expecting to receive news of final budget negotiations next week so keep following the NORML blog for an update!
Illinois: House Bill 4357, legislation to decriminalize minor marijuana possession offenses in Illinois, is pending in the General Assembly.
If approved, the legislation would make the possession of up to 10 grams of marijuana a civil violation punishable by a fine only. Adults would no longer face criminal arrest or the threat of time in jail or a criminal record.
Introduced by Representative Kelly Cassidy, this proposal largely mirrors legislation previously introduced in the spring of 2015 that was approved by members of both the House and Senate.
Missouri: Senate Bill 762, which permits for the personal possession and retail sale of marijuana by those age 21 and over, has been prefiled for the 2016 legislative session. The measure permits adults to privately possess up to one ounce of cannabis without penalty. Senate Bill 762 also seeks to license the commercial production and to regulate the retail sale of marijuana for adults. To take action on this measure click here.
House legislation has been prefiled —HB 1524 — to allow marijuana convictions to be expunged contingent upon the passage of a constitutional amendment or other statutory enactment legalizing marijuana. To take action on this measure click here.
Senate Bill 761 has been prefiled in the Missouri legislature to exempt marijuana from certain forfeiture provisions relating to controlled substances.
“Under current law, illegal controlled substances, anything of value exchanged for a controlled substance in violation of the law, money used to facilitate a violation of the controlled substances laws, money found in close proximity to an illegal controlled substance, and any other property used in relation to or derived from a violation of the controlled substances laws is subject to seizure and forfeiture.” This act exempts marijuana from these forfeiture provisions. To take action on this measure click 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!