Officials in the Village of Oswego, Illinois recently passed an ordinance that allows local law enforcement to issue tickets and fines to anyone found with small amounts of marijuana or certain drug paraphernalia. For example, if a person is in possession of drug paraphernalia and is convicted of possessing 10 grams or less of marijuana, the charge for the paraphernalia is now considered a civil law violation, punishable by a minimum fine of $100 and a maximum fine of $200.
Marijuana-related offenses became civil violations after the Illinois state legislature voted to amended the Cannabis Control Act in 2016, but it is up to local governments to amend their local marijuana laws to reflect the change at the state level.
“Oswego’s fines will begin at $100 for the first offense and $150 and $250 for second and third offenses. There is a maximum $750 penalty for repeat violators,” said Oswego Police Chief Jeff Burgner.
The City of Yorkville adopted a similar ordinance in October.
Read more here: http://www.chicagotribune.com/suburbs/aurora-beacon-news/news/ct-abn-oswego-marijuana-st-0105-20170104-story.html
Senate Bill 2228 reduces the penalties for the possession of up to 10 grams of marijuana from a criminal misdemeanor (formerly punishable by up to six months in jail and a $1,500 fine) to a civil fine of no more than $200 — no arrest and no criminal record.
It also decriminalizes related offenses involving the possession of marijuana paraphernalia.
Senate Bill 2228 also amends the state’s zero tolerance per se traffic safety law, stating that the presence of THC in blood at levels below 5ng/ml “shall not give rise to any presumption that the person was or was not under the influence of cannabis.”
The full text of the measure is available here.
According to the ACLU, Illinois police arrest some 50,000 individuals annually for marijuana possession offenses — ranking #5 in the nation in per capita marijuana possession arrests.
Illinois becomes the third largest state to decriminalize minor marijuana possession offenses.
The DEA announced that they will amend their quotas for 2017 regarding the cultivation of research-grade marijuana and hemp legalization bills in Pennsylvania and Rhode Island have been signed into law! We also have updates from Illinois, Florida, and Ohio. Keep reading to learn the latest in marijuana law reform news from around the country and to find out how you can #TakeAction!
In a notice published in the Federal Register, Acting DEA Administrator Chuck Rosenberg proposed amending the amount of marijuana that may be produced under federal license in 2017 to approximately 1,041 pounds. The agency alleges that this quantity will be sufficient to provide for the “estimated medical, scientific, research and industrial needs of the United States.”
The US Drug Enforcement Administration is also preparing to respond to an administrative petition calling for the reclassification of marijuana as a schedule I prohibited substance. Their determination was originally expected in the first half of 2016 but it has yet to be released.
Florida: Next Tuesday, the state’s first state-licensed medical marijuana dispensary will open to the public. Trulieve, a licensed cannabis cultivator and distributor, will provide a high CBD, low THC strain of the plant to patients that are registered with the state. However, as of today not a single eligible patient is registered with the state to legally access the product. This is because Florida’s law, initially passed in 2014, is among the strictest in the country. Under the law, patients diagnosed with cancer, seizures, or intractable muscle spasms are eligible for CBD-dominant cannabis, while those diagnosed with a terminal illness are eligible for THC-dominant cannabis. To date, however, only 15 physicians in the state are participating in the program.
Illinois: Two months ago lawmakers voted in favor of Senate Bill 2228, legislation to decriminalize the possession of small amounts of marijuana. But Governor Bruce Rauner has yet to sign the measure into law. The bill makes the possession of up to 10 grams of marijuana a civil violation punishable by a fine of $100-$200 — no arrest and no criminal record. Currently, those caught possessing that amount could face up to six months of jail time and fines of up to $1,500. The bill also amends the state’s zero tolerance per se traffic safety law.
#TakeAction and contact Governor Rauner to urge him to sign this legislation into law.
Ohio: Governor John Kasich has signed legislation so that certain drug offenses are no longer punishable by a mandatory loss of one’s driver’s license. Under previous law, any drug conviction carried a mandatory driver’s license suspension of at least six months, even in cases where the possession offense did not take place in a vehicle. Senate Bill 204 makes such suspensions discretionary rather than mandatory. The law will take effect September 13th, 2016.
Pennsylvania: On Wednesday, July 20th, Governor Tom Wolf signed legislation, House Bill 967, to establish “a pilot program to study the growth, cultivation or marketing of industrial hemp.” The new law took immediate effect. Twenty-eight states have now enacted similar legislation.
Rhode Island: Governor Gina Raimondo has signed legislation, H8232, to establish rules for the commercial, licensed cultivation of hemp in the state. The legislation creates the “Hemp Growth Act” to treat hemp as an agricultural product that may be legally produced, possessed, distributed and commercially traded. The Department of Business Regulation will be responsible for establishing rules and regulations for the licensing and regulation of hemp growers and processors.
Adult use legalization initiatives in Arizona, California and Massachusetts are moving forward and Illinois has expanded its medical marijuana program. Keep reading to get the latest news and to find out how you can #TakeAction.
On Wednesday, July 13th the US Senate Judiciary Subcommittee on Crime and Terrorism is holding a hearing titled, “Researching the Potential Medical Benefits and Risks of Marijuana.” The Congressional hearing follows the recent introduction of House Bill 5549 and Senate Bill 3077 – which would expedite the federal review process for clinical protocols involving cannabis. Contact your federal lawmakers today to encourage them to support this common sense legislation. #TakeAction
Arkansas: The Secretary of State’s office affirmed on Thursday that proponents, Arkansans for Compassionate Care, submitted sufficient signatures from registered voters to qualify the measure for the November ballot. The 2016 Arkansas Medical Cannabis Act 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 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 obtain a ‘hardship certificate’ in order to cultivate their own medicine at home. A similar initiative narrowly failed in the state in 2012, garnering over 48 percent of the vote.
California: It was announced this week that the Adult Use of Marijuana Act (AUMA) initiative will appear on the ballot as Proposition 64. This pending proposal, if approved by the voters, will permit adults to legally cultivate up to six marijuana plants and to possess up to an ounce of marijuana or eight grams of marijuana concentrates; and it will license the commercial cultivation and retail sales of marijuana products to adults. The measure prohibits localities from preventing responsible adults from possessing and cultivating cannabis for non-commercial purposes in the privacy of their own homes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” You can read more about the proposal here.
Georgia: Members of the Clarkston City Council voted this week in to approve an ordinance reducing the penalties for simple possession of an ounce or less of marijuana. The amendment makes simple possession a citable rather than an arrestable offense, punishable by a $75 fine. Mario Williams, Public Safety Committee chairman said, “It is a proven fact that arresting people … for simple possession of an ounce or less of marijuana has damaging effects long-term and short-term on their lives and that’s why we took a step forward and mitigated those effects today.”
Illinois: Governor Bruce Rauner signed legislation to expand and extend the state’s medical marijuana program to 2020. Legislation initiating the program was set to expire in 2018. Other changes to the program include adding post-traumatic stress and any terminal illness as qualifying medical conditions; extending the lifespan of state-issued registry cards from one year to three years in duration; and amending the requirement that physicians must explicitly recommend cannabis therapy. Instead, physicians will only be required to certify that there exists a bona fide doctor-patient relationship and that the patient possesses a qualifying, debilitating medical condition.
These new changes in law took effect upon the Governor’s signature.
Massachusetts: Proponents of a statewide marijuana legalization initiative effort moved one step closer this week to qualifying for the ballot in November. On Tuesday the Campaign to Regulate Marijuana Like Alcohol turned in more than 25,000 additional signatures from registered voters to the Secretary of State’s office. The state required an additional 10,792 signatures. Proponents this week also gained a legal victory from the state’s Supreme Court, which rejected a challenge that sought to remove the language from the state’s ballot.
Pennsylvania: Members of the Harrisburg City Council this week voted unanimously in favor of a municipal ordinance to reduce penalties associated with the possession of small amounts of marijuana. The measure reclassifies cannabis possession as a summary offense punishable by a $5 fine. Pennsylvania’s capital city now joins Philadelphia and Pittsburgh in treating minor marijuana possession offenses similar to a traffic citation.
This was a huge week for marijuana law reform. Congress voted for the first time to expand medical cannabis access to military veterans, and Governors in numerous states signed cannabis legalization and depenalization measures into law. Keeping reading to get the latest news and to learn what you can do to take action.
Members of the US House and Senate voted yesterday for the first time to expand military veterans’ access to medicinal cannabis in states that allow it. House members voted 233 to 189 last week in favor of the Veterans Equal Access Amendment. The amendment, offered by Rep. Blumenauer (D-OR) to the Fiscal Year 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations bill, prohibits the federal government from sanctioning V.A. physicians who wish to recommend cannabis therapy to their patients. Members of the US Senate Appropriations Committee previously voted in April in favor of a similar provision and the full Senate also signed off on their version of the bill yesterday. The House and Senate versions of FY 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations now await a concurrence vote prior to being sent to the President.
Colorado: House and Senate lawmakers have overwhelmingly approved legislation, House Bill 1373, to permit qualified patients access to the use formulations of medical cannabis while on school grounds. The measure now awaits action by Gov. John Hickenlooper, who indicated that he would sign the bill into law. Once enacted, a primary caregiver may administer non-inhalable formulations of medical cannabis to a qualifying patient while that patient is on the grounds of a pre-school, primary, or secondary school in which the student is enrolled. Medical marijuana patients may not be denied eligibility to attend school because of their cannabis use.
Connecticut: Democrat Gov. Dannel Malloy this week signed legislation expanding patients’ access to the state’s medicinal cannabis program. House Bill 5450 permits qualifying patients under the age of 18 to possess and consume medical cannabis preparations. The proposal also expands the list of qualifying illnesses eligible for cannabis therapy to include: ”uncontrolled intractable seizure disorder,” ”irreversible spinal cord injury with objective neurological indication of intractable spasticity,” “cerebral palsy,” “cystic fibrosis,” or “terminal illness requiring end-of-life care.” Other provisions in the bill seek to establish a statewide clinical research program, and protect nurses from criminal, civil, or disciplinary sanction if they choose to administer marijuana to a qualifying patient in a hospital setting. The new law takes effect on October 1, 2016.
Illinois: Members of the House voted 64 to 50 on Wednesday, May 18, in favor of Senate Bill 2228, legislation to decriminalize the possession of small amounts of marijuana. Members of the Senate had previously voted 44 to 12 in favor of the measure, which makes the possession of up to 10 grams of marijuana a civil violation punishable by a fine of $100-$200 — no arrest and no criminal record.
Currently, those caught possessing that amount could face up to six months of jail time and fines of up to $1500. The bill also amends the state’s zero tolerance per se traffic safety law. Senate Bill 2228 now goes to Gov. Bruce Rauner. Last year, the Governor issued an amendatory veto to a similar bill. However, this year’s language addresses the Governor’s past concerns.
Kansas: Governor Brownback recently signed House Bill 2462 into law to amend marijuana possession penalties. The law 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). Second convictions will no longer be classified as a felony offense. You can read the full summary of the engrossed bill here. The sentencing changes take effect imminently.
Louisiana: Governor John Bel Edwards signed legislation yesterday amending the state’s dormant medical marijuana law. Senate Bill 271 permits physicians to ‘recommend’ rather than ‘prescribe’ medical cannabis therapy. The change allows doctors to authorize cannabis without running afoul of federal law, which prohibits the prescription of a schedule I controlled substance.
The measure also expands the pool of conditions eligible for cannabis therapy to include the following: “cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, cachexia or wasting syndrome, seizure disorders, epilepsy, spasticity, Crohn’s disease, muscular dystrophy, or multiple sclerosis. Separate legislation, SB 180, which explicitly immunizes the program’s participants from state criminal prosecution, remains pending in the House and is anticipated to be voted on as early as next week.
Maine: Governor Paul LePage has signed legislation, LD 726, into law permitting qualified patients to use medical marijuana while admitted in Maine hospitals. This measure does not require hospital staff to administer medical marijuana to a patient and will only allow for patients to consume cannabis preparations in a smokeless form. The law also establishes licensing protocols for marijuana testing facilities and the labeling of medical cannabis products.
New Hampshire: Members of the Senate on Thursday, May 19, sent House-backed decriminalization provisions to conference committee rather than engage in an up/down vote of the bill. Members of the House previously voted 298 to 58 to amend Senate Bill 498 to make first-time offenses a civil violation rather than a criminal offense. The civil penalty would be limited to a fine only: no arrest, prosecution, or criminal record. Subsequent offenses would continue to be classified as misdemeanors. In past years, the Senate has been consistently hostile to any House efforts to decriminalize marijuana possession penalties.
The conference committee, consisting of members of the House and Senate, will now try to agree upon a finalized version of SB 498. It is important that Senate members hear from you and are urged to keep the House provisions in SB 498. #TakeAction
Oklahoma: Governor Mary Fallin signed legislation into law on Friday, May 13, to expand the pool of patients eligible to possess cannabidiol (CBD) under a physician’s authorization. House Bill 2835 extends existing legal protections to the following patients: those with “spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases.” The measure also removes the age requirement limitation from existing law so that adults with various forms of epilepsy are eligible for CBD therapy. The expanded law takes effect on November 1, 2016.
Rhode Island: On Thursday, May 19th members of the Senate approved legislation, Senate Bill 2115, to make post-traumatic stress patients eligible for medical cannabis treatment and to accelerate access to those patients in hospice care. The measure will now be sent to the House for consideration. #TakeAction