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Louisiana

  • by Paul Armentano, NORML Deputy Director April 5, 2018

    Minor marijuana possession arrests have plunged in the city of New Orleans following the adoption of a municipal ordinance one year ago that called for fining rather than arresting low-level offenders.

    According to data made available last week, just one percent of encounters between police and someone accused of possessing marijuana resulted in an arrest between June 2016 and May 2017. In prior years, over 70 percent of such encounters resulted in an arrest. In those cases, some 75 percent of those arrested were African Americans.

    Under Louisiana state law, minor marijuana possession offenses are punishable by a term of incarceration of up to eight years, depending on whether the person convicted is a repeat offender.

    In March of last year, members of the New Orleans city council voted 7 to 0 in favor of legislation permitting police to cite rather than arrest minor marijuana offenders (defined as those who possess 14 grams or less), including repeat offenders. First-time violators are subject to a $40 fine while subsequent offenders may face fines of up to $100. In recent years, nearly 60 municipalities in states where cannabis remains criminalized have enacted local ordinances either partially or fully decriminalizing minor marijuana possession offenses.

    According to a study published last month by the National Bureau of Economic Research, the enactment of recent statewide decriminalization laws has similarly resulted in a dramatic decrease in marijuana arrests while having no adverse impact on youth use patterns.

  • by Danielle Keane, NORML Associate July 1, 2016

    map_leafFederal lawmakers requested action this week on restoring medical marijuana access to veterans, while proponents in Arizona came one step closer to qualifying to the November ballot. Keep reading to get the latest news and to find out how you can #TakeAction.

    Federal:

    A bipartisan group of 11 lawmakers wrote a letter this week to Congressional leadership urging them to reconsider the Veterans Equal Access Amendment. Majorities in both the US House and Senate voted in May to include the provision as part of the Fiscal Year 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations bill. However, Republicans sitting on the House Appropriations Committee decided last week to remove the language from the bill during a concurrence vote. The latest version of the Appropriations bill now awaits action by the Senate.

    A separate coalition of US Senators and representatives also drafted a letter this week to DEA officials calling on the agency to move swiftly to reclassify marijuana under federal law, and to allow private producers to cultivate cannabis for clinical research purposes. “We request that you take immediate action to remove ‘cannabis’ and ‘tetrahydrocannabinols’ from Schedule I. We also ask that you issue a public statement informing the research community that the DEA, in compliance with international obligations, will accept new applications to bulk manufacture cannabis for medical and scientific purposes, to be approved on merit-based criteria,” lawmakers requested. In April, DEA officials pledged to issue guidance on the scheduling of cannabis within the first half of this year, a promise they recent walked back.

    State:

    Arizona: The campaign to legalize the adult use of marijuana in Arizona yesterday turned in more than 200,000 signatures to the Secretary of State’s office. The campaign needs at least 150,000 of those signatures to be certified in order to qualify for this November’s ballot. Under the proposed initiative, those age 21 and older are permitted to possess up to 1 ounce of marijuana and grow up to six plants in their homes. The measure would also establish a licensing system for the commercial production and retail sale of cannabis.

    thumbs_upLouisiana: Last week the city of New Orleans began implementing the new ordinance lowering the penalties associated with the possession of small amounts of marijuana. The ordinance was originally approved by City Council back in March in hopes of diverting police resources from minor crimes and keeping low-level offenders out of jail. The ordinance reclassifies minor marijuana possession offenses as non-criminal violations punishable by a fine-only: $40 for a first offense, $60 for a second, $80 for a third, and $100 for a fourth and beyond. Under state law, second and/or third convictions are punishable by between 6 months and 2 years in prison.

    In statewide news, decision-makers at Louisiana State University and Southern University have agreed to apply for cultivation permits to supply medical cannabis. Under state law, qualified patients are permitted marijuana-infused products under a doctor’s recommendation. The state’s nascent medical cannabis program is anticipated to be up and running by 2018.

    Pennsylvania: Members of the Harrisburg City Council are considering a measure to decriminalize the possession of small amounts of marijuana within the city limits. In recent days, members of the City Council amended the language to reduce the fines for possession, increase the fines for smoking marijuana in public and expand the effort to include possession of marijuana paraphernalia. The members are scheduled to vote on the measure on July 5th. If you live in Harrisburg you can find the contact information for City Council here.

    Washington D.C.: The D.C. Health Department issued a report this week recommending the District legalize the retail sale of marijuana. Specifically, they recommend D.C. to “impose state taxes on production, distribution, and sales along with a licensed market participation, age restriction, and prohibitions on advertising and marketing to minors,” and ““use current regulatory models for tobacco and alcohol to base legislation to enact effective marijuana controls.”

    Residents of Washington D.C. voted in 2014 to legalize the adult use of recreational marijuana. However Congressional leaders have prohibited the district from implementing a recreational market through annual budget riders. With this new report from the district’s health department and willingness from the Mayor and City Council to create a regulated market, it’s questionable how long Congress will continue to block the will of the people.

  • by Danielle Keane, NORML Associate May 20, 2016

    map_leafThis 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.

    Federal:

    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.

    State:

    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.

    fifty_dollar_fineIllinois: 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

    cannabis_pillsOklahoma: 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

  • by Paul Armentano, NORML Deputy Director May 19, 2016

    mj_researchGovernor John Bel Edwards signed legislation today 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.”

    The bill does not amend language in the state’s Therapeutic Research Act limiting the preparation of medicinal cannabis products to non-herbal formulations, nor does it address provisions limiting state-licensed cannabis cultivation to a single provider, or the dispensing of cannabis products to no more than ten licensed pharmacies. Those restrictions were put in place by legislation signed into law last year. 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.

    Senate Bill 271 does include language requiring the Louisiana State University Agricultural Center and the Southern University Agricultural Center to decide whether or not they wish to seek licensing to grow medical marijuana for the state’s program by September 2, 2016.

    You can read the enrolled measure here.

    Louisiana is set to become the 25th state to permit for the physician-supervised use of medical cannabis and/or cannabis-infused preparations for qualified patients. 

  • by Danielle Keane, NORML Associate May 13, 2016

    legalization_pollThis week we’ll give you updates on legislation in Florida, Louisiana, New Hampshire and Ohio. Plus we have exciting ballot initiative news out of California and Missouri! Keep reading below to get the latest in marijuana law reform this week.

    California: Proponents of the marijuana legalization ballot initiative, the AUMA (Adult Use of Marijuana Act), announced announced at a press conference that they have gathered more than 600,000 signatures from registered voters. This total is far more than the required number of 365,880 signatures needed in order to qualify for the November 2016 ballot. The Board of Directors of NORML has endorsed the measure, which 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.

    Florida: Members of the Orlando City Council voted  4 to 3 this week in favor of a new municipal ordinance giving police the option to cite, rather than arrest, minor marijuana possession offenders. Under the ordinance, which takes effect on October 1, 2016, first-time and second-time possession offenses involving up to 20 grams of cannabis may be punished by a fine of no more than $200 – no arrest and no criminal record. Under state law, similar offenses are classified as a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine. Similar local measures have been recently approved in several other Florida cities and counties, including Tampa, Miami-Dade county, Palm Beach county, and Volusia county.

    Louisiana: Members of the House of Representatives have approved senate legislation, Senate Bill 271, to fix and expand the state’s dormant medical marijuana law. Existing law only permits for the patients’ use of medical marijuana in instances where the plant is ‘prescribed.’ However, under federal law, physicians cannot legally ‘prescribe’ cannabis or any schedule I substance. Senate Bill 271 seeks to change the language of existing law so that physicians may ‘recommend’ rather than prescribe cannabis therapy. The measure also expands the pool of conditions eligible for cannabis therapy to include Crohn’s disease, HIV, multiple sclerosis, and other disorders. The bill will now return to the Senate for concurrence. Governor John Bel Edwards has expressed support for the medical marijuana expansion measure, stating that he wants a ‘meaningful’ bill that will ‘actually work.’ #TakeAction

    namlogoblueMissouri: Representatives of New Approach Missouri, the group pushing for a statewide medical marijuana ballot question this November, announced earlier this week they have turned in just under 250,000 signatures to the state for certification — well over the 167,000 signatures necessary to qualify for the ballot. The measure, which NORML has endorsed, would permit physicians to recommend cannabis therapy to patients at their discretion, and would also permit qualified patients to cultivate marijuana or obtain it from licensed dispensaries.

    New Hampshire: Members of the House approved an amended, Senate-backed sentencing reform bill, Senate Bill 498, in a 298-58 vote on Wednesday, May 11th. The amended language would make first-time marijuana possession 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. The legislation now returns to the Senate for concurrence. Members of the Senate have previously rejected decriminalization for several years running. #TakeAction

    Ohio: House lawmakers approved revised legislation, House bill 523, to establish guidelines for those who may qualify to use medical marijuana and how it may legally be consumed, in a 71-26 vote on May 10th. The revisions outline 20 ailments for which cannabis may be recommended, including epilepsy, AIDS, and intractable pain. However, the revised language prohibits the consumption of medicinal cannabis via smoking. Such restrictions exist in three other states: Minnesota, New York, and Pennsylvania. The measure will now be considered by members of the Senate Government Oversight and Reform Committee on Tuesday, May 17th. #TakeAction

    A separate, more comprehensive medical marijuana measure is likely to appear on the 2016 ballot initiative. Proponents of the initiative, the Marijuana Policy Project, must collect 305,591 valid signatures of Ohio voters by early July to qualify for the November 2016 ballot. The MPP-backed measure would permit qualified patients to cultivate their own medicine and/or obtain cannabis from licensed dispensaries. You can read a summary of the measure here.

    lobby_day_2016We are ten days out from NORML’s 2016 Conference and Congressional Lobby Day and we are excited to share with you the full itinerary! Have you registered to attend? We have some fun events planned and it would be a shame for you to miss out!

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