Over the last several weeks, we have received dozens of calls from journalists with the same question: “What does NORML think that President-Elect Trump and his Attorney General nominee Jefferson Sessions will do in regards to marijuana once in office?”
However, the best public indicators we have to go on give mixed messages. Additionally, in nearly all of the articles that NORML has been quoted in about Trump and Sessions, not one indicates that the writer had even attempted to contact the presidential transition team or Sen. Sessions.
So we’ve released our own request for clarification and we need you to join us in demanding answers as to how the federal government is going to respect the will of the voters in states that have ended prohibition.
On the campaign trail, Trump promised to take a federalist approach to marijuana stating:
“In terms of marijuana and legalization, I think that should be a state issue, state-by-state… Marijuana is such a big thing. I think medical should happen — right? Don’t we agree? I think so. And then I really believe we should leave it up to the states.”
Yet his nomination of Sen. Sessions sends a very different signal. Just this past April, he stated that “Good people do not smoke marijuana” in the questioning of current Attorney General Loretta Lynch. His legislative track record and public comments show no intentions of ending marijuana prohibition or respecting the millions of responsible cannabis consumers throughout the country. If Senator Sessions’ personal beliefs were allowed to dictate the policies of the Justice Department, we could be in for a rough four years.
With 8 states now having legalized the adult use of marijuana and over half the country having medical marijuana programs, the American people deserve to know what President-Elect Trump’s policy towards these states will be.
Going forward we must be vigilant to protect the progress we have made, keep fighting to protect the rights of responsible adults, and end finally end the prohibition of marijuana nationwide.
In a just published “exit interview” with Rolling Stone Magazine, President Barack Obama opined that marijuana use should be treated as a public-health issue, not a criminal matter, and called the current patchwork of state and federal laws regarding the drug “untenable.”
“Look, I’ve been very clear about my belief that we should try to discourage substance abuse,” Obama said. “And I am not somebody who believes that legalization is a panacea. But I do believe that treating this as a public-health issue, the same way we do with cigarettes or alcohol, is the much smarter way to deal with it.”
He added, “It is untenable over the long term for the Justice Department or the DEA to be enforcing a patchwork of laws, where something that’s legal in one state could get you a 20-year prison sentence in another. So this is a debate that is now ripe, much in the same way that we ended up making progress on same-sex marriage.”
Although the administration, largely in its second term, has permitted states to experiment with marijuana legalization policies without federal interference, it has not pushed strongly for any permanent changes in federal law, such as amending cannabis’ schedule I classification or permitting banks to work closely with state-licensed marijuana businesses. As a result, some marijuana law reform advocates believe that President Obama has not done enough to move the issue forward during his tenure. Responding to this criticism, Obama said: “Look, I am now very much in lame-duck status. And I will have the opportunity as a private citizen to describe where I think we need to go.”
Why Obama believes that he will have greater opportunities to address cannabis policy as a private citizen than he did as President of the United States leaves us scratching our heads, but we certainly hope that he follows through on his pledge to focus on drug policy reform in the next phase of his political career.
You can read President Obama’s exit interview with Rolling Stone in it’s entirety here.
According to the Associated Press, voters in Maine have approved Question 1, the Marijuana Legalization Act. The Associated Press’s final vote count is 50.17 to 49.83 percent.
“In 2013, over 70% of voters in the city of Portland decided it was time to reject the failed policy of marijuana prohibition and embrace legalization. Tonight, a majority of voters statewide agreed with that assessment. With the approval of Question 1, Maine has elected to take a sensible approach to marijuana and reject the flawed ideas of the past. Thanks to them, Maine will no longer arrest otherwise law abiding adults for choosing to consume a substance that is objectively safer than alcohol and tobacco and in the process generate tax revenue that will be used to greatly improve education and other vital state services.” said Erik Altieri, NORML’s new Executive Director.
Question 1, the Marijuana Legalization Act, permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants, and/or up to 12 immature plants) and to possess personal use quantities of cannabis (up to two and one-half ounces of herbal cannabis) while also licensing commercial cannabis production and retail sales. The law imposes a 10 percent tax on commercial marijuana sales. Under the law, localities have the authority to regulate, limit, or prohibit the operation of marijuana businesses. On site consumption is permitted under the law in establishments licensed for such activity.
The new law takes effect within 40 days. Regulations for marijuana-related businesses are scheduled to be in place by August 8, 2017. You can read the full text of Question 1 here.
“To those who allege that marijuana law reform is a west coast phenomenon, tonight’s votes tell a different story,” said NORML Deputy Director Paul Armentano. “The majority of Americans throughout this country recognize that marijuana prohibition financially burdens taxpayers, encroaches upon civil liberties, engenders disrespect for the law, and disproportionately impacts young people and communities of color. That is voters are rejecting the failures of criminalization and embracing these sort of regulatory alternatives.”
According to the Associated Press, voters in Montana have approved Initiative 182, the Montana Medical Marijuana Initiative. The Associated Press’s final vote count is 58 to 42 percent.
“This decision restores the rights of patients and providers,” said NORML Deputy Director Paul Armentano. “Voters were clear in 2004 when they initially enacted the state’s medical law, and they remain resolved in their opinion that state lawmakers ought not to restrict patients access to medical cannabis.”
I-182 expands the state’s medical marijuana laws. It permits licensed medical marijuana providers to serve more than three patients at one time and allows for providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. It removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state.
The new law takes effect on June 30, 2017. You can read the full text of the initiative here.
According to the Associated Press, voters in Nevada have approved Question 2, the Nevada Marijuana Legalization Initiative. The AP’s final vote count is 54 to 46 percent.
“With victory in Nevada, it is safe to say that, this time, what happens in Vegas won’t stay in Vegas. Thanks to the support of a majority of voters, Nevada now joins the growing list of states that are rejecting prohibition and taking a smarter approach to marijuana. Success in Nevada will only inspire more Americans to stand up and demand an end to our nation’s embarrassing, failed policy of prohibition and this momentum will only continue to spread across the country.” said Erik Altieri, NORML’s new Executive Director
Question 2 permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to 3.5 grams of concentrates) while also licensing commercial cannabis production and retail sales. (Home cultivation is not permitted if one’s residence is within 25 miles of an operating marijuana retailer.) Commercial marijuana production is subject to a 15 percent excise tax, much of which is earmarked to the State Distributive School Account.
“Voters in the western region of the United States continue to lead the way toward the eventual nationwide re-legalization of marijuana by responsible adults,” said NORML Deputy Director Paul Armentano. “Despite nearly a century of criminal prohibition, marijuana is here to stay. Our state and federal laws need to reflect this reality, not deny it.”
The new law takes effect on January 1, 2017. Regulations governing commercial marijuana activities must be in place by January 1, 2018.
You can read the full text of the initiative here.