NORML’s Weekly Legislative Update

Lawmakers around the country are debating a record number of marijuana law reform bills in 2010. NORML’s Weekly Legislative Round Up is your one-stop guide to pending marijuana law reform legislation around the country, along with tips for influencing the policies of your state.

** Remember: 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 make the changes they want to see. We can’t do it without you.

Washington: Democrat Gov. Christine Gregoire signed legislation into law last week that expands the state’s nearly twelve-year-old medical marijuana law. Senate Bill 5798 allows additional health care professionals including naturopaths, physician’s assistants, osteopathic physicians, osteopathic physicians assistants, and advanced registered nurse practitioners to legally recommend marijuana therapy to their patients. Presently, only licensed physicians may legally recommend medicinal cannabis.

Washington is the first state to codify these recommendation rights into law. Senate Bill 5798 takes effect on June 10, 2010.

Maine: State lawmakers approved legislation this week establishing guidelines for the establishment of state-authorized medical marijuana distribution facilities. As approved by the legislature, LD 1811 authorizes the creation of up to eight nonprofit medical cannabis dispensaries – one for each of the state’s public health districts. Under the measure, dispensaries may legally “acquire, possess, cultivate, manufacture, deliver, transfer, transport, sell, supply or dispenses marijuana or related supplies and educational materials” to state-authorized medical marijuana patients.

Patients and/or their caregivers will still be allowed to cultivate their own medical cannabis under state law. However, patients will now be required to join a confidential state registry in order to be able to legally possess and grow marijuana for medicinal purposes. The Maine Department of Health and Human Services will oversee the new medical marijuana programs.

Last November, voters approved Question 5, the Maine Marijuana Medical Act, which amends existing state law by: establishing a confidential patient registry; expanding the list of qualifying conditions for which a physician may recommend medicinal cannabis; and by allowing for the creation of state-licensed nonprofit dispensaries. In 1999, 61 percent of state voters approved the physician-supervised use of medical marijuana. However, the law did not establish a state identification registry for qualified patients, nor did it address regulating the distribution of medical marijuana.

Democrat Gov. John Baldacci is anticipated to sign the dispensary measure into law imminently.

Ohio: House lawmakers this week introduced House Bill 478, the Ohio Medical Compassion Act. The act would allow state-authorized patients to possess and cultivate cannabis for therapeutic purposes. The bill allows for authorized patients or their designated caregivers to cultivate medical marijuana, but only at designated registered sites. Patients are allowed to possess up to 200 grams of usable cannabis (about six ounces) or 12 mature plants under this proposal. To support this measure, visit the Ohio Patient’s Network or NORML’s ‘Take Action’ Center here.

Pennsylvania: Minor marijuana possession offenses in the city of Philadelphia will be no longer be prosecuted as criminal misdemeanors, according to a policy change announced this week by new District Attorney Seth Williams. Philadelphia NORML had been lobbying for the policy change after publishing a report which found that African American males comprised an estimated 83 percent of all persons in Philadelphia arrested for minor marijuana possession offenses.

Under the new policy, which is anticipated to take effect later this month, prosecutors will charge minor marijuana possession (defined as 30 grams or less) as ‘summary offenses’ rather than criminal misdemeanors. Defendants will be required to pay a fine, but will not face incarceration or receive a criminal record. Under the previous District Attorney, the city criminally prosecuted some 3,000 minor marijuana possession cases per year.

You can read further details regarding this policy change here, here, and here.

To learn about pending legislation in additional states — and how you can get involved, please visit NORML’s ‘Take Action’ Center here.

2009: The Year In Review – NORML’s Top 10 Events That Shaped Marijuana Policy

#1 Obama Administration: Don’t Focus On Medical Marijuana Prosecutions
United States Deputy Attorney General David Ogden issued a memorandum to federal prosecutors in October directing them to not “focus federal resources … on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” The directive upheld a campaign promise by President Barack Obama, who had previously pledged that he was “not going to be using Justice Department resources to try to circumvent state laws on this issue.” Read the full story here.

#2 Public Support For Legalizing Pot Hits All-Time High
A majority of U.S. voters now support legalizing marijuana, according to a national poll of 1,004 likely voters published in December by Angus Reid. The Angus Reid Public Opinion poll results echo those of separate national polls conducted this year by Gallup, Zogby, ABC News, CBS News, Rasmussen Reports, and the California Field Poll, each of which reported greater public support for marijuana legalization than ever before. Read the full story here.

#3 Lifetime Marijuana Use Associated With Reduced Cancer Risk
The moderate long-term use of cannabis is associated with a reduced risk of head and neck cancer, according to the results of a population-based control study published in August by the journal Cancer Prevention Research. Authors reported, “After adjusting for potential confounders (including smoking and alcohol drinking), 10 to 20 years of marijuana use was associated with a significantly reduced risk of head and neck squamous cell carcinoma.” Read the full story here.

#4 AMA Calls For Review Of Marijuana’s Prohibitive Status
In November, the American Medical Association resolved that marijuana should longer be classified as a Schedule I prohibited substance. Drugs classified in Schedule I are defined as possessing “no currently accepted use in treatment in the United States.” In a separate action, the AMA also determined, “Results of short term controlled trials indicate that smoked cannabis reduces neuropathic pain, improves appetite and caloric intake especially in patients with reduced muscle mass, and may relieve spasticity and pain in patients with multiple sclerosis.” Read the full story here.

#5 California: Lawmakers Hold Historic Hearing On Marijuana Legalization
State lawmakers heard testimony in October in support of taxing and regulating the commercial production and distribution of cannabis for adults age 21 and older. Additional hearings, as well as a vote on Assembly Bill 390: the Marijuana Control, Regulation, and Education Act, are scheduled for January 12, 2010. Read the full story here.

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The Voters Have Spoken — Again!

Conventional wisdom dictates that if the people lead then our political leaders will follow. Of course, when it comes to marijuana law reform, conventional wisdom seldom applies.

In a result that should come as a surprise to nobody — except for perhaps certain members of law enforcement and state lawmakers — Maine voters today overwhelmingly approved Question 5, the Maine Marijuana Medical Act. The measure amends existing state law by: establishing a confidential patient registry, expanding the list of qualifying conditions for which a physician may recommend medicinal cannabis, and by allowing for the creation of non-profit state-licensed nonprofit dispensaries to assist in the distribution of medical cannabis to qualified patients.

Of course for anyone following this issue, the result should not come as a surprise. Voters at the polls overwhelmingly approve marijuana law reform — virtually every time they have the opportunity to do so. Yet, over and over again voters have this opportunity because their cowardly elected officials continue to inexplicably punt on the issue.

In Maine, for instance, lawmakers voted unanimously in April to put this issue before the voters rather than legislating it themselves. They did so even though state voters had previously (and by more than 60 percent) approved patients’ rights to use medical marijuana, and despite the fact that the current proposal had virtually no organized opposition aside from law enforcement.

It was the same story in Colorado, where over 70 percent of Breckenridge voters elected today to amend the town code to remove all criminal and civil penalties, including fines, on the private possession of up to one ounce of marijuana. Should anyone have been surprised? Not really. Over 70 percent of local voters said ‘yes’ to a similar statewide (but unsuccessful) measure in 2005. Nonetheless, this past August the Breckenridge Town Council elected to dodge the issue when it came up for a vote — opting instead to send it before the voters.

Elsewhere in Colorado today, state police and politicians were conspiring to halt the proliferation of medical marijuana dispensaries. Law enforcement and local politicians are engaging in similar efforts in southern California.

Yes, you read that right: cops and politicians are trying to undermine the very same reforms that the public today just embraced.

When will they ever learn?

Marijuana Is More Mainstream Than Ever, So Why Is Legalization Still Taboo?

As voters in several states head to the polls today to decide Governor and city council races it seems appropriate to ask: “Why are most politicians still inexplicably silent on marijuana law reform?”

The recent legislative hearings on cannabis regulation in Massachusetts and California notwithstanding, the fact remains that these debates are the exception, not the rule. In fact, voters in Maine and Colorado will decide on marijuana law reform ballot proposals today (Note: Check back here tonight for the results.) precisely because their elected officials outright refused to vote on the issues when they were put before them.

In short, prominent politicians continue to run away from sensible marijuana law reforms at the same time that the public is demanding them. Two longtime NORML allies, former High Times editor Steve Wishnia and former NORML Board Member Richard Evans, recently explored this phenomenon and offer some insight and possible explanations:

Pot Is More Mainstream Than Ever, So Why Is Legalization Still Taboo?
via Alternet.org

Almost every voter under 65 in this country has either smoked cannabis or grew up with people who did. Among its erstwhile users are the last three presidents, one Supreme Court justice and the mayor of the nation’s largest city. The pot leaf’s image pervades popular culture, from Bob Marley T-shirts to billboards for Showtime’s Weeds.

So why is actually legalizing it still considered a fringe issue? Why haven’t more politicians — especially the ones who inhaled — come out and said, “Prohibition is absurd and criminal. Let’s treat cannabis like alcohol”?

… One reason for the lack of urgent political pressure, says Deborah Small of Break the Chains, is that the people most likely to get busted for pot are the ones who “don’t have a political voice” — young people of color from poor neighborhoods.

… Washington State Sen. Jeanne Kohl-Welles says that many legislators, particularly in the state’s more conservative rural areas, “buy into the cultural stereotypes about marijuana,” such as the idea that it’s a gateway to harder drugs. The Seattle Democrat, who is sponsoring a bill to reduce the penalty for less than 40 grams of pot from a misdemeanor to a civil infraction, says … that law enforcement has largely opposed her decriminalization bill.

Writing locally in the Massachusetts Daily News Tribune, Evans questions why none of the state’s major party candidates have reached out to the 65 percent of state voters who elected last year to decriminalize marijuana possession statewide.

The Senate race and marijuana prohibition
via The Daily News Tribune

Odd, isn’t it, that all the U.S. Senate candidates, and the people who ask them questions trying to elicit their positions on issues people care about, seem to have forgotten that in the last election, a whopping 65 percent of the voters went for marijuana decriminalization?

If that many voters care about the marijuana laws, why do these candidates, who claim to have their fingers on the public pulse, ignore the subject?

… Politicians report little “noise” on this issue, mistaking silence for indifference, not fear. People are justifiably fearful about writing a letter, showing up on a mailing list, even sending an email with the “m” word in it. They have to be very careful about their jobs, their drivers licenses and the kids in school whose parents will talk. But put them in the privacy of a voting booth, and stand back!

… No living person is responsible for the marijuana prohibition laws. They were conceived three generations ago in a cultural and racial climate far different from our own, and very different from that to which we aspire.

Are we ready for a serious, sober discussion about repeal, without the usual winks, smirks and puns? Can we handle it? Will someone lead it?

And finally, speaking of “serious discussions,” it doesn’t get much more serious — and mainstream — than the persuasive and well-articulated arguments from longtime NORML-ally Jessica Corry, who has an amazing ability to tongue-tie both probitionists and Fox News hosts within three minutes! I’m just glad that she’s on our side.

NORML’s Weekly Legislative Round Up

The theme this week: Time to write your Governor!

Maine: Democrat Gov. John Baldacci signed legislation into law on May 1 expanding the state’s marijuana decriminalization law. As enacted, LD 250 makes the possession of up to 2.5 ounces of marijuana a civil violation, punishable by a fine only. (Presently, anyone found possessing more than 1.25 ounces of cannabis is presumed to be engaging in the marijuana sales and faces criminal penalties and potential jail time.) The new law takes effect later this fall. Only one other state, Ohio, treats the possession of more than 2.5 ounces of cannabis as a fine-only (no jail) offense.

New Hampshire: Only one man has the power to continue the criminalization of seriously ill patients in New Hampshire. That man is Democrat Governor John Lynch. If you live in New Hampshire, he needs to hear from you — now! Last week, Gov. Lynch indicated to House leaders that he was likely to veto HB 648, which would legalize the use and cultivation of medicinal cannabis by state-qualified patients. Legislative leaders are trying to revise the bill’s language to address the Governor’s concerns. But even more importantly the Governor needs to hear positive feedback from his constituents. You can contact Gov. Lynch here or by visiting NHCompassion.org.

Hawaii: Senate Bill 1058, an act to create a medical cannabis task force committee, has been approved by the legislature and now awaits action from Republican Gov. Linda Lingle. The intent of the task force is to address patients’ concerns and criticisms regarding Hawaii’s eight-year-old medical marijuana law. In 2008, Gov. Lingle vetoed a similar task force measure. That is why, if you live in Hawaii, we are asking you to contact the Governor and urge her to support SB 1058. You can do so by going here.

Rhode Island: House members are expected to vote later this week on House Bill 5359, which would allow for the state to license non-profit “compassion centers” to assist in the production and distribution of medical cannabis to qualified patients. The Senate previously voted 35 to 2 in favor of the legislation. House members will need to approve it by a similar majority — as the measure faces a veto threat from Republican Gov. Don Carcieri. If you live in Rhode Island, you can learn more about this campaign by going here or here.

Minnesota: Legislation to legalize the medicinal use of cannabis has been approved by the state Senate and now awaits action from the House. At this time, the bill’s primary hurdle appears to be Republican Gov. Tim Pawlenty, who has voiced strong opposition to the measure. If you live in Minnesota, please contact your House member and the Governor by going here.

For information on additional marijuana law reform legislation, please visit NORML’s Take Action page here.