Since its founding, NORML has advocated that statewide legalization efforts – whether through a ballot initiative or using the legislative process – should ideally include provisions that permit and protect the act of home cultivation by marijuana consumers. This advocacy has resulted in more than 16 states now allowing home cultivation, including in six of the eight voter-initiated measures passed in 2016.
But although there has been a tremendous amount of progress on this issue, it appears that home cultivation is now at risk in several municipalities across Colorado and California. Local and state lawmakers in both jurisdictions are revisiting the issue and are moving toward unnecessarily limiting adult’s home cultivation rights.
Most recently, representatives with Denver’s Office of Marijuana Policy revealed a plan to, “limit unlicensed recreational and medical grows in private residences,” throughout the city of Denver. This decision came after months of closed-door meetings between regulators and leading marijuana industry interests such as the Marijuana Industry Group (MIG); which together, form what’s being called the, “Non-Licensed Marijuana Grows Inspection Team.”
Although there has been little to no mention of specific details regarding this proposed program, many are anticipating the new regulations to resemble those that have come under fire in Indian Wells, California. In that city, lawmakers are pushing for regulations mandating that anyone who wishes to cultivate marijuana in their home must purchase an annual permit and must also allow inspectors into their residence. This amounts to an absolutely unnecessary burden for responsible, law-abiding citizens.
In recent days, Denver NORML became inundated with emails, messages and comments on social media demanding a response to what many believe is a blatant overreach by city government officials. In response, members of Denver NORML, led by Executive Director, Jordan Person, began mobilizing volunteers to contact members of the Denver City Council with the goal of defending the rights and privacy of marijuana consumers in the city of Denver.
“With all of the uncertainty we are expecting in 2017 at both the local and state level our goal at Denver NORML is to help maintain our rights as residents of Colorado to grow in our homes,” said Person. “We will keep our members and supporters informed and part of the conversation as it happens.”
While it’s obvious that there’s a tremendous amount of work that goes into regulating Colorado’s legal marijuana industry, most marijuana consumers would never support any effort that would attempt to bring similar regulations into the privacy of their homes. Not to mention the fact that the creation of a task force or any other bureaucratic process to approve and/or oversee the cultivation of marijuana in a private residence amounts to a severe misuse of tax dollars and violation of privacy when those limited resources could be dedicated to combating actual problems in our communities.
Without providing any data points related to the correlation between home cultivation and out-of-state diversion, those advocating for tighter regulations deserve to fail in their attempt to convince marijuana consumers that allowing regular visits from government officials in their homes is a good idea. Adults who brew their own beer are not subject to inspections by the state and neither should those who choose to grow personal use quantities of marijuana. Furthermore, criminalizing the personal cultivation of marijuana is an arbitrary prohibition that has absolutely no basis in public safety. Therefore NORML will continue to support the right of individuals to grow their own marijuana as an alternative to purchasing it from licensed commercial producers.
To join the fight to protect home cultivation, check out NORML’s action page by visiting http://norml.org/act or for more information, please email Chapters@NORML.org.
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
A federal court in Canada ruled today 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 court opined that the regulations unduly infringed upon patients’ liberties and that they were “not in accordance with the principles of fundamental justice.”
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.
Canadian officials first legalized the physician authorized use, possession, and home cultivation of medical marijuana in 2001. Those regulations were significantly amended in 2013 in a manner that sought to prohibit qualified patients from continuing to receive cannabis from Health Canada or from growing it themselves.
Last year, newly elected Prime Minister Justin Trudeau promised to amend Canada’s marijuana laws in a manner that regulates the plant’s use and sale for all adults.
Text of the decision, Allard et al. v Canada, is online here.