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  • by Paul Armentano, NORML Deputy Director July 11, 2018

    Democrat Gov. Gina Raimondo has signed legislation permitting those with past marijuana convictions to have their records expunged.

    House Bill 8355/S. 2447 allows those with past convictions for crimes involving the possession of less than one ounce of cannabis to petition the court to seek an order of expungement. It states, “[W]here the court has determined that all conditions of the original criminal sentence have been completed, … the court [will] order the expungement without cost to the petitioner.” The law took effect upon passage.

    State lawmakers decriminalzed minor marijuana possession offenses in 2013.

    “If an act has been decriminalized since a person was charged and paid their price for it, that person shouldn’t have to keep paying the price in the form of being denied jobs and other opportunities because of their criminal record,” bill sponsor Sen. Harold Metts said in a statement. “Let them move on, and they can better support themselves and their families and contribute to our communities and our state.”

    Delaware lawmakers passed similar legislation this month permitting the expungement of marijuana-related offenses that have since been decriminalized. That bill is awaiting action from the Governor. Maryland enacted a similar law in 2017.

    Both Massachusetts and Oregon have enacted legislation vacating the convictions of marijuana-related crimes that are now defined as legal under state law. In California, where voters elected to legalize the adult use of marijuana in 2016, District Attorneys in various cities and counties – including San Francisco and San Diego – are automatically reviewing and dismissing thousands of past marijuana-related convictions.

  • by Danielle Keane, NORML Associate June 10, 2016

    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.

    Federal:

    substitutionMembers 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.

    State:

    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.

    pills_v_potNew 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.

  • by Danielle Keane, NORML Associate April 14, 2016

    thumbs_upThere is long awaited news from Pennsylvania, as the Keystone State is poised to become the 24th state to permit medical cannabis access and separate legislative efforts continue to move forward around the country. Keep reading below to get this week’s latest in marijuana law reform!

    Federal:

    The U.S. Senate Appropriations Committee approved an amendment today, for the second year in a row, to expand medical marijuana access to United States veterans.

    The amendment, sponsored by Senators Steve Daines (R-MT) and Jeff Merkley (D-OR), would prohibit the Department of Veterans Affairs (V.A.) from spending money to enforce a policy that prohibits the department’s physicians from filling out medical marijuana recommendation forms in states where the drug is legal. It will be attached to the Military Construction and Veterans Affairs Appropriations bill.

    The bipartisan vote was 20 to 10, marking a slight improvement from last year’s 18-12 vote. Though a majority of the Senate passed the amendment in 2015, it was ultimately defeated in conference with the House.

    State:

    Alabama: Legislation to protect qualified patients eligible for CBD therapy is gaining traction in the legislature. Both the House and Senate are considering similar proposals to expand patient access. While existing state law permits qualified patients to use CBD if they are part of state-sponsored clinical trial, these proposed measures would legally protect qualified patients who possess the substance outside of a clinical trial environment. #TakeAction

    Florida: Another municipality in Florida is considering decriminalizing offenses involving the possession of small amounts of marijuana. On Monday, Orlando’s City Council will review an ordinance to make possession of 20 grams (about two-thirds of an ounce) or less a violation of city code, punishable by a fine of $50 for first-time offenders. Tampa and Volusia County both approved similar ordinances last month. NORML first reported this trend of Florida cities and counties adopting decriminalization policies last August.

    If you live in Orlando, you can contact your City Council member to urge their support for this measure here.

    Louisiana: House and Senate legislation is pending 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. House Bill 1112 addresses these problems by: permitting physicians to recommend rather than ‘prescribe’ cannabis therapy; by licensing facilities to produce and dispense the product; and by expanding the pool of eligible patients to include ailments like cancer, multiple sclerosis, Crohn’s disease and intractable pain. Law enforcement groups have voiced disapproval of the proposed change, so it is important that lawmakers hear from you. #TakeAction

    Maryland: Governor Larry Hogan has signed legislation to permit the Department of Agriculture to authorize institutions of higher education to cultivate industrial hemp for academic research purposes. Members of the Senate voted 45 to zero in favor of the bill. House members voted 136 to zero in favor of the measure. Maryland is the 26th state to enact legislation recognizing hemp as a agricultural commodity.

    State lawmakers have also approved legislation to expand the pool of medical professionals who can provide written recommendations for marijuana to qualifying patients. Under the proposal, nurse midwives and nurse practitioners, among other medical professionals, who are in good standing with the state will be permitted to provide written certifications to qualifying patients. The legislation awaits action from Governor Larry Hogan. #TakeAction

    Oregon: Governor Kate Brown has signed legislation into law that seeks to encourage financial institutions to engage in financial relationships with state-compliant marijuana businesses. The emergency legislation, House Bill 4094, “exempts financial institutions that provide financial services to marijuana related businesses, researchers and laboratories from any criminal law of this state.” The law took effect upon signing.

    pills_v_potPennsylvania: House and Senate lawmakers have given final approval to legislation, Senate Bill 3, to permit the production and use of medical marijuana products to qualified patients. Members of the Senate initially approved the measure in 2015. House leadership delayed acting on the bill for several months until finally passing an amended version of SB 3 in March. Senate and House members voted this week in favor of a concurrent version of the proposal. Once signed into law, Pennsylvania will become the 24th state to permit the use of physician-recommended cannabis.

    South Carolina: Members of the Senate Medical Affairs Committee have defeated SB 672, the Medical Marijuana Program Act. However, identical legislation, H. 4037, remains pending in the House. The legislation would allow the use of medical marijuana for debilitating medical conditions; it also permits a registered patient or caregiver to possess up to, “two one-ounce packages of marijuana in leaf form, one ounce of cannabis oil concentrate, or eight ounces of diluted cannabis oil.” #TakeAction

    Vermont: Members of the House Judiciary moved away from Senate-backed legislation, S. 241, to regulate the adult use, production, and sale of cannabis. On Friday, April 8, members of the Committee voted 6 to 5 on an amended version of S. 241 to establish a study commission to evaluate the matter of legalization. The vote came after members of the committee narrowly rejected an effort to amend the bill in a manner that would expand the state’s existing decriminalization laws.

    Members of the Senate previously voted 17 to 12 in favor of the legislation in its original form, and it continues to be backed by Gov. Shumlin, state Attorney General William Sorrell, and a majority of Vermonters. It is vital that members of both the House and Senate continue hear from you in support of S. 241 so that lawmakers will be persuaded to once again amend this bill in a manner that seeks to regulate the adult use, production, and sale of cannabis. #TakeAction

  • by Danielle Keane, NORML Associate March 3, 2016

    take_actionMarijuana law reform efforts continue to move forward in numerous states! Below are some of this week’s legislative highlights.

    State:

    Connecticut: State regulators gave final approval this week to expand the state’s list of qualifying conditions for which a physician may recommend medical cannabis. The six new conditions are: ALS (Lou Gehrig’s disease), ulcerative colitis, sickle cell disease, severe psoriasis/psoriatic arthritis, complex regional pain syndrome, and post-laminectomy syndrome with chronic radiculopathy.

    Florida: Members of Tampa City Council gave preliminary approval today in favor of a local ordinance decriminalizing minor marijuana possession offenses. Under the plan, municipal law would redefine marijuana possession of 20 grams or less as a civil matter, rather than a criminal offense. First-time violators will face a $75 for the first offense. Council members will hold a  final vote on the measure onMarch 17th. You can contact your City Council members to urge their support for this measure here.

    Volusia county joined nearby Palm Beach and Miami-Dade counties this week by passing an ordinance providing police the discretion to cite rather than arrest minor marijuana offenders. Those given citations will face a county court fine of $100. The new law applies only to people caught with marijuana on the beach and in unincorporated county areas. Cities will be allowed to adopt the same law.

    House members overwhelmingly voted on Thursday, March 3, in favor of legislation to permit medical marijuana access to people diagnosed with terminal illnesses. House Bill 307 permits the production and distribution of cannabis to terminally ill patients. Similar language is pending a Senate floor vote. Florida law already permits for the production of strains of cannabis high in CBD to be dispensed to qualified patients with cancer, muscle spasms, and intractable seizures. However, to date, this program has yet to be operational.

    Maryland: On February 26th, HB 104, legislation to expand the pool of medical professionals who can provide written recommendations for marijuana to qualifying patients, was approved by the House in a 110-21 vote. The legislation would allow 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 will now be considered by members of the Senate. #TakeAction

    New York: Next Tuesday, March 8th, members of the Buffalo Common Council will consider the Buffalo Cannabis Act, which decriminalizes the possession of up to two ounces and allows citizens to grow up to six plants in their homes.

    Pennsylvania: After months of delay, House members are anticipated to finally begin debating medical marijuana legislation on the House floor later this month. It will mark the first time House members have taken any action since November when members of the House Rules Committee passed Senate Bill 3. If adopted by the House, Gov. Tom Wolf says he will sign the measure. #TakeAction

    Washington: House and Senate lawmakers have approved legislation, Senate Bill 6206, establishing regulations governing industrial hemp production. The measure “authorizes the growing of industrial hemp as a legal agricultural activity” in accordance with federal legislation permitting such activity as part of a state-authorized program. Presently, 25 states have enacted legislation permitting licensed hemp cultivation in a manner that is compliant with this statute. The measure awaits action from Gov. Jay Inslee, who is expected to sign it into law.

  • by Danielle Keane, NORML Associate February 19, 2016

    take_actionLegislation around the country continues to move forward and more measures are being introduced every day! We have updates from , Florida, Hawaii, Kansas, Maine, Maryland, Missouri, New Mexico, and Rhode Island. Keep reading below to see what the latest in marijuana law reform is this week.

    State:

    Florida: On Thursday, Tampa City Council voted to draft a marijuana decriminalization ordinance. The ordinance would treat small marijuana infractions as a citation, fine-only offense, similar to a traffic ticket or an open container offense. Similar municipal measures have recently been enacted in Miami Dade county and in West Palm Beach county. Under state law, minor marijuana possession offenses are classified as criminal misdemeanors, punishable by up to one year in prison and a $1000 fine.You can contact Tampa City Council members and urge their support for this common sense policy, here.

    Hawaii: House lawmakers took no action on legislation that sought to eliminate patients’ longstanding rights to cultivate medical marijuana. House Bill 1680 sought to repeal patients’ legal authority to cultivate personal use quantities of cannabis. The legislation was not heard in time for the filing deadline and therefore will no longer be considered by lawmakers during this legislative session. NORML would like to thank everyone who contacted their lawmakers and urged them to reject HB 1680.

    Kansas: After Members of the Senate voted 38 to 1 on Wednesday, February 3, in favor of a Committee substitute version of HB 2049, the amended language was sent to the House for a concurrence vote. Because the House did not concur with all of the Senate changes, the bill will now be sent to a Conference Committee to reconcile the differences. The amended language 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). #TakeAction

    Maine: Senator Thomas Saviello has introduced legislation (LD 726) to permit qualified patients to use medical marijuana in Maine hospitals. Members of the Health and Human Services Committee approved this legislation on Wednesday, February 10th. As this measure continues to move forward it’s important to contact your Senator and urge their support! #TakeAction

    Maryland: A new bill has been introduced to to recriminalize offenses involving the public use of small amounts of marijuana. While NORML is generally supportive of efforts to dissuade the use of marijuana in public or in a vehicle, this new measure is unnecessary and overly punitive. House Bill 1304 is scheduled to be heard by members of the House Judiciary Committee, March 1st at 1PM. #TakeAction

    A related measure, House Bill 183, was amended by the House so that all provisions seeking to criminalize public use were removed. As amended, the measure explicitly prohibits cannabis inhalation by a driver or passengers in a moving motor vehicle. Engaging in such behavior will be a citable offense, punishable by a fine only. Following these amendments, NORML has dropped our formal opposition to this bill, which will now be debated by members of the Senate.

    for_painMissouri: Legislation to permit qualified patients to consume cannabis with a physician’s written authorization is pending in the 2016 legislative session. House Bill 2213, the Missouri Compassionate Care Act, permits qualified patients to engage in cannabis therapy and establishes a licensed system for cannabis production and distribution. #TakeAction

    New Mexico: Members of the Senate unfortunately voted down Senate Joint Resolution 5 which sought to put legalization before a public vote this November. Although 17 Senators stood in favor of the measure, 24 voted against it. However, the vote marks the first time that such a measure has ever been debated on the floor of either chamber of the New Mexico legislature.

    After extremely compelling testimony from injured workers in earlier committees, the Senate Judiciary Committee refused to schedule a hearing for House Bill 195, which sought to prohibit workers compensation insurers from reimbursing employees who qualify for medical cannabis access for injuries sustained on the job. This means that the measure, which had been narrowly approved by members of the House of Representatives, is now dead for 2016. NORML thanks those of you who took time to contact your elected officials and encouraged them to reject this legislation.

    Rhode Island: A coalition of Rhode Island lawmakers, including a majority of members of the Senate Judiciary Committee, have introduced legislation, Senate Bill 2420, to permit the personal cultivation and commercial retail sale of marijuana. The Marijuana Regulation, Control and Taxation Act, would regulate the commercial production and retail sale of marijuana to those over the age of 21. Adults would be permitted to purchase and possess up to one ounce of marijuana. It also permits adults to cultivate up to two marijuana plants (no more than 1 mature) at home for non-commercial purposes. #TakeAction

    Legislation, SB 2115 and HB 7142, is pending to make post-traumatic stress patients eligible for medical cannabis treatment and to accelerate access to those patients in hospice care. The Senate version of the bill is pending before members of the Senate Health and Human Services committee. The House version of the bill is before members of the Judiciary Committee. #TakeAction

    Vermont: Members of the Senate are anticipated to decide on legislation to regulate the adult use, production, and sale of cannabis. The vote is expected to be a close one; therefore, we are urging supporters to contact their Senate members over the coming days and to urge them to vote ‘yes’ for Senate Bill 241. If approved by the Senate, the bill will face further debate in the House. #TakeAction

    Don’t forget to take a look at our #TakeAction Center for up to date information on all pending marijuana law reform legislation.

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