With Election Day less than three weeks away we’re excited to share with you the latest polling information from states with pending marijuana related ballot initiatives, as well as breaking news from another state that may be setting the stage for full legalization next year. A summary of this year’s crop of marijuana-centric ballot initiatives is available online here.
NORML is also pleased to announce that next week we will be releasing our first ever, Governors Report Card. Inspired by our Congressional Scorecard, this report will provide a letter grade for the Governors of all 50 states. Which Governors have been supportive of reforms and which ones have stood in the way of progress? We’ll give your Governor a grade so you know exactly where your Governor stands. If you aren’t yet subscribed to our Newsletter, sign up today so you can be the first to receive the Governors Scorecard in your inbox!
Now, keep reading below to get the latest in marijuana law reform!
Arizona: Half of Arizona voters intend to vote ‘yes’ in favor of Proposition 205: The Arizona Legalization and Regulation of Marijuana Act, according to an Arizona Republic/Morrison/Cronkite News poll. Forty percent of voters oppose the initiative. The Act allows adults age 21 and older to possess and to privately consume and grow limited amounts of marijuana (up to one ounce of marijuana flower, up to five grams of marijuana concentrate, and/or the harvest from up to six plants) and provides regulations for a retail cannabis marketplace.
Delaware: A September poll by the University of Delaware shows that 61 percent of residents surveyed support marijuana legalization. The survey, conducted by Princeton Survey Research Associates International on Sept. 16-28, consisted of 900 phone interviews. Last year Delaware decriminalized the possession of small amounts of marijuana, reclassifying the possession of up to one ounce of cannabis by those age 21 and over from a criminal misdemeanor, punishable by up to six months in jail and a criminal record, to a civil violation punishable by a $100 fine only — no arrest, and no criminal record.
Last week, the state’s Senate majority whip said that she would propose a bill in January to legalize marijuana for adult use in the state. We’ll have an #ActionAlert out soon so you can #TakeAction in support of this legislation.
Florida: According to an October poll by the University of North Florida, 77 percent of respondents said they’ll vote for Amendment 2, which would expand medical marijuana access in the state. Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities. Under Florida law, 60 percent of voters must approve a constitutional amendment in order for it to become law. In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.
Massachusetts: According to a WBUR poll released this week, support for marijuana legalization is rising. Fifty-five percent of likely voters now say they favor allowing adults to use recreational marijuana, an increase of five percentage points from a similar poll performed last month. Question 4 permits adults to possess up to 10 ounces of cannabis and to grow up to six plants for non-commercial purposes. The measure also establishes regulations overseeing the commercial production and sale of the plant.
Today is National Voter Registration Day and we are pleased to present this valuable voter education tool to the marijuana movement: NORML’s updated and revised 2016 Congressional Scorecard. The Scorecard is an all-encompassing database that assigns a letter grade of ‘A’ (the highest grade possible) to ‘F’ (the lowest grade possible) to members of Congress based on their comments and voting records on matters specific to marijuana policy.
Of the 535 members of the 114th Congress:
- 330 members (62%) received a passing grade of ‘C’ or higher (270 Representatives and 60 Senators)
- Of these, 22 members (4%) received a grade of ‘A’ (20 Representatives and 2 Senators)
- 254 members (47%) received a ‘B’ grade (218 Representatives and 36 Senators)
- 54 members (10%) received a ‘C’ grade (32 Representatives and 22 Senators)
- 172 members (32%) received a ‘D’ grade (149 Representatives and 23 Senators)
- 32 members (6%) received a failing grade (16 Representatives and 16 Senators)
- 60 Senators (60%) received a passing grade of a C or higher (Two A’s, 36 B’s, and 22 C’s)
- 270 Representatives (62%) received a passing grade of a C or higher (20 A’s, 218 B’s, and 32 C’s)
- Of the 233 Democrats in Congress, 215 (92%) received a passing grade of a ‘C’ or higher
- Of the 302 Republicans in Congress, 113 members (37%) received a passing grade of ‘C’ or higher
This analysis affirms that voters’ views on marijuana policy are well ahead of many of their federally elected officials. While the majority of Americans support legalizing the use and sale of cannabis for adults, only four percent of Congressional members voice support for this position. Approximately half (51%) of federal lawmakers favor liberalizing medical cannabis policies. However, this percentage remains far below the level of support frequently expressed by voters in state and national polls.
Also evident is that Congressional support for marijuana law reform is largely a partisan issue. While more than nine out of ten Democrats express support for some level of reform, just over one-third of Republicans hold similar positions. This partisanship lies in contrast to voters’ sentiments, which tend to view the subject as a non-partisan issue. For example, recent polls from swing states show that super-majorities of Democrats, Republicans, and Independents endorse medical marijuana legalization. Further, most Republican voters embrace principles of federalism with regard to cannabis policy. Nonetheless, Republican support for this position remains marginal among members of Congress.
HOW NORML’S CONGRESSIONAL SCORECARD IS CALCULATED
- An ‘A’ letter grade indicates that this member has publicly declared his/her support for the legalization and regulation of marijuana for adults.
- A ‘B’ letter grade indicates that this member supports policies specific to the legalization of medical cannabis and/or the decriminalization of cannabis.
- A ‘C’ letter grade indicates that this member has publicly declared his/her support for the ability of a state to move forward with cannabis law reform policies free from federal interference.
- A ‘D’ letter grade indicates that this member has expressed no support for any significant marijuana law reform
- An ‘F’ letter grade indicates that this member expresses significant and vocal opposition to marijuana law reform
FOR MORE INFORMATION
To find NORML’s grade for a specific member of Congress, please click here for the Senate scorecard and click here for the House scorecard. NORML’s full 2016 Congressional Scorecard and Executive Summary is available online here.
My name is Randy Quast and I am NORML’s new Acting Executive Director. Let me be the first to welcome you to a new era at NORML.
I’m from Minnesota. My background is in business. I worked my way up in trucking, starting with my family’s small 10-employee trucking company in the 1980s. I worked in various departments of the company and eventually became president and CEO in 1988. By the time I sold the company ten years later, it employed 700 people in 23 service centers in 10 Midwestern states and had revenues over $50 million a year.
After retiring, I turned my love of flying into 2,500 flight-hours. I volunteered myself and my airplane to AirLifeLine to fly patients who couldn’t afford commercial flights to receive medical treatments. I eventually became the president and CEO of that non-profit until we merged with another similar organization. The combined companies still operate today under the name Angel Flight.
Coming Out of the Closet
But throughout my previous careers, I had always been a regular marijuana consumer — a corporate stoner, if you will. But like many in similar positions, I kept that information private. It wasn’t until 2007 that I was forced out of the cannabis closet and into the arms of NORML.
While out for dinner one evening a thief broke in my home and dragged my safe, where I stored my marijuana, out the back door. When neighbors confronted the thief, he ran, leaving the safe in the middle of my back yard.
When I came home, there were cop cars all around my home. I’d left an aluminum one-hitter in the bathroom. That led to cops’ suspicions about what was in my safe. That led to a search warrant and a SWAT raid of my home. The three ounces in my safe led to a felony possession charge.
Because I was fortunate to be a white person and able to afford an attorney, I received a stay of adjudication with two years’ probation. When my probation ended in 2009, I attended my first NORML Conference in Portland, Oregon. I then returned home to start Minnesota NORML in 2010. Recently, I moved to Oregon in 2015 and co-founded Portland NORML.
Now, I’m in Washington, D.C., working to take National NORML into the next era, one that includes continuing the fight for legalization in places like Minnesota and includes expanding the rights of legal cannabis consumers in places like Oregon.
Positioning NORML For the Future
NORML has formed a search committee to find a new, permanent Executive Director. In the interim, we’re continuing our important work. We’re educating lawmakers and judges on the scientific truth about cannabis, public policy, and health.
We’re supporting our chapters and grassroots supporters in Arizona, California, Maine, Massachusetts, and Nevada as they push for legalization in 2016 and we are supporting our chapters and advocates in Arkansas, Florida, Missouri, and Montana as they fight to protect medical marijuana patients from arrest.
We’re are also working with congressmen and senators on Capitol Hill to pass legislation needed to secure banking and tax relief for our legal marijuana industries.
On the state level, we’re working with legislators to reduce marijuana penalties and to increase patients’ access, while also organizing municipal initiatives to permit social use and to mitigate criminal sanctions.
In the past few months, we’ve witnessed many successes on the state level. Three states have enacted legislation to permit medical marijuana access while many others have expanded access to greater numbers of patients. Many states have amended their laws to significantly reduce penalties for the possession of marijuana or cannabis paraphernalia, while other states have taken steps to authorize the growing of industrial hemp.
As we look forward to the future, specifically this November, we realize that our role is more important than ever. With voters deciding on nine marijuana-specific ballot measures, this election is the most important in recent memory. And the results of Election Day hold the potential to transform American public policy.
So, as I begin this new chapter at NORML I ask all of you to join me. Please help usher in this new era by making a donation today of $50.00 or more to NORML. Your donation will help assure that we continue to play a necessary role in shaping public opinion and policy in such a way that puts the needs of responsible marijuana consumers first. As the nation continues to engage in this ongoing narrative regarding legalization, there exists a greater need than ever for politicians, media, and policy analysts to seek guidance and expertise from NORML with regard to the benefits of regulation as well as the health and societal effects of responsible cannabis consumption.
I’m excited to do my part to make NORML the best organization it can be and I hope you’ll join me.
More Governors signed marijuana related legislation into law this week, and once again members of the US Senate have said ‘yes’ to marijuana law reform. Keep reading to get the latest news and to learn what you can do to take action.
Members of the U.S. Senate Appropriations committee took action this week, approving 18 to 11, an amendment to further protect doctors and patients who use medical cannabis in accordance with state laws.
The amendment reads, “None of the funds appropriated or otherwise made available in this title shall be used in a manner that would interfere with the ability of a provider to recommend medicinal marijuana in accordance with State law, or of a patient to participate in a medicinal marijuana program consistent with such State law.”
This vote marks the third time in recent weeks that members of the U.S. Senate Appropriations committee have approved marijuana related amendments. Members also recently voted to expand military veterans’ access to medical cannabis and to bar the Department of Justice from spending money to interfere with the implementation of state medical marijuana laws.
California: Legislation NORML opposes is moving forward in the state legislature and we need you to #TakeAction to prevent it from becoming law. Members of the state Assembly voted 60 to 12 on June 2nd in favor of Assembly Bill 2243, legislation seeking to impose a new $9.75/ounce tax on the cultivation of medical-only marijuana. Similarly, members of the state Senate voted 27 to 10 on June 1st in favor of Senate Bill 987, legislation seeking to impose a special 15 percent statewide tax upon medical marijuana sales. This tax would be in addition to the imposition of existing state and local taxes.
Assembly Bill 2243 will now be considered by members of the Senate and Senate Bill 987 will now be considered by members of the Assembly.
While NORML generally does not oppose the imposition of fair and reasonable sales taxes on the commercial sales of cannabis for recreational purposes, we do not support such excessive taxation on medical sales. #TakeAction
Colorado: On Monday, June 6th, Governor John Hickenlooper signed House Bill 1373 into law. This legislation permits qualified patients access to medical cannabis formulations while on school grounds. Under the measure, 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. The measure took effect upon the Governor’s signature.
New York: Advocates are making a final push to pass legislation to significantly expand the state’s current medical marijuana program before the legislative ends on June 16th. New York legalized medical marijuana in 2014, however the law is one of the most restrictive in the country. Currently, 11 separate bills are pending before the legislature to improve and expand the state’s nascent program. #TakeAction
Ohio: Governor John Kasich signed legislation into law this week establishing regulations for the licensed production and dispensing of medical cannabis formulations to qualified patients. House Bill 523 authorizes the use of various forms of cannabis preparations for the physician-authorized treatment of a number of qualifying conditions. For a full list, click here. Ohio is the 26th state to enact statutory language permitting the physician-supervised use of medical marijuana.
Maryland: Governor Larry Hogan has signed legislation, House Bill 104, expanding the pool of medical professionals who can provide written recommendations for marijuana to qualifying patients. Passage of this legislation allows nurse midwives and nurse practitioners, among other medical professionals, who are in good standing with the state to provide written certifications to qualifying patients. The legislation takes effect June 1st, 2017.
Michigan: House-backed legislation to expand Michigan’s existing medical marijuana law is expected to be voted on imminently by members of the Senate Judiciary committee. House Bill 4209 would license and regulate above-ground, safe access facilities for state-qualified patients seeking medical marijuana. House Bill 4210 would provide qualified patients legal protections for their use of non-smoked cannabis derived topicals and edibles, as well as cannabis-based extract products. Lawmakers also passed a third bill, HB 4827, which seeks to establish regulations tracking the production and sale of medical marijuana products. Tell the Senate that it is high time to act upon these common sense measures! #TakeAction
Vermont: Governor Peter Shumlin has signed legislation into law expanding the state’s medical cannabis program.
Senate Bill 14 includes various patient-friendly provisions: It permits patients with glaucoma and ‘chronic pain’ and/or those in hospice care to be eligible for cannabis therapy; it eliminates the requirement that patients must have previously tried other conventional treatments “without success” prior to being eligible for medical cannabis; it amends existing doctor/patient relationship requirements in a manner that expedites certain patients eligibility to receive cannabis treatment; and it authorizes naturopaths to make medicinal cannabis recommendations.
The changes impacting patients’ eligibility took effect upon signing. Other changes in the law take effect on July 1, 2016. Full text of the new law is online here.
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.