Marijuana Law Reform Marching On: Legalization Highly Favored In New Massachusetts Poll

58% support in Massachusetts for legalizing marijuana and regulating it as other agricultural commodities

Georgetown, MA – This evening, attendees at the Second Annual Massachusetts Cannabis Convention hosted by the Massachusetts Cannabis Reform Coalition/NORML (MassCann/NORML) at the Crowne Plaza in Natick heard the major results of a live telephone poll conducted in November by DAPA Research Inc. of 600 Massachusetts voters with a margin of error of +/-4%.

The most significant findings:

*Fifty-eight percent (58%) support legalizing marijuana and regulating it in the same manner as other agricultural commodities with sales prohibited to underage persons (69% Democrats, 44% Republicans, 54% Other).

*Sixty-two percent (62%) are more likely to support legalization if the proposed law would regulate the cultivation and sale of marijuana to adults and tax it in the same manner as the state currently regulates alcohol (70% Democrats, 56% Republicans, 60% Other).

*Fifty-four percent (54%) oppose the federal government disregarding state law in states legalizing marijuana, while only 35% support the federal government’s disregarding state law.

“The data strongly suggests that Massachusetts voters are more ready than voters in any other state to end prohibition and establish reasonable regulation of cannabis cultivation and commerce for all purposes,” said Steven S. Epstein, a founder and currently an officer of MassCann/NORML. “The data also establishes that if the legislature does not enact a law allowing medical use of marijuana this session the voters will overwhelmingly, perhaps 80%+, approve the voter initiative for the Humanitarian Medical Use of Marijuana at the ballot box in November.”

“Legalization is essential to ending crime created by the prohibition of cannabis,” said Cara Crabb-Burnham, a member of MassCann/NORML’s Board of Directors. “It is important to recognize legal vendors will card customers and keep it out of the hands of children.”

* * *

For more information contact:
Michael Crawford, 978-502-4080
Attorney Steven Epstein, 978-352-3300

New England Remains The Regional Leader In Pot Use — What The Northeast’s Affinity With Cannabis Says About The Viability Of Prohibition

The federal government has once again released its state-by-state estimate of self-reported licit and illicit substance use. You can download the full report here.

Once again, the northeast leads the nation in self-reported marijuana use in practically every measurable category.

Among states reporting ‘marijuana use in the past year among persons aged 12 and older,’ Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont all rank in the top percentile. (Alaska, California, Colorado, Hawaii, and Oregon round out the list.) Among states reporting ‘marijuana use in the past year among youths age 12 to 17,’ Connecticut, Massachusetts, New Hampshire, Rhode Island, and Vermont top the list (along with Alaska, Colorado, New Mexico, Nevada, and Oregon).

The totals in the category ‘marijuana use in the past year among persons age 18 to 25‘ is even more New England-centric, with every northeast state (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont) all included in the top percentile (along with Alaska, Colorado, New York, and Oregon). In the category, ‘marijuana use in the past month among persons age 26 or older‘ Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont top the list (along with Alaska, Colorado, Hawaii, and Oregon).

The findings are notable because they are consistent from previous years and provide plenty of fodder for combating numerous drug warrior myths and stereotypes (such as the notion that high rates of illicit drug use — yes, the New England states lead in this broader category too — are typically relegated to poorer, urban, more racially diverse areas).

They also call into question the notion that marijuana use among the general population is in any way influenced by the legal status of marijuana. State criminal penalties for cannabis vary widely across the New England states. For instance, Maine’s decriminalization law (possession of up to 2.5 ounces is a civil violation punishable by a $100 fine) is among the most liberal in the country. Conversely, New Hampshire (up to one year in jail) and Rhode Island (up to one year in jail and a six month driver’s license suspension) maintain relatively strict penalties. Yet regardless of state law, marijuana use remains similar throughout the region.

Likewise, nationally, Mississippi and Nebraska — which enjoy some of the most liberal marijuana laws (simple possession is a summons and a civil violation, respectively) — also rank among the lowest rates of self-reported cannabis use.

You can review the state-by-state maps for yourself here.

One final note, it should be noted that despite the prevalence of medical marijuana states in these rankings, the authors of the report acknowledge that there is no evidence that the implementation of medi-pot laws is increasing the use of cannabis or other illicit drugs. As noted in the study’s press release:

“Current illicit drug use dropped among adolescents aged 12 to 17 in 17 states between 2002-2003 and 2008-2009 — no increases in current illicit drug use occurred in any state in this age group over this time period.”

This is a point that NORML has made repeatedly, most recently in response to Drug Czar Gil Kerlikowske’s false claims. The Marijuana Policy Project also has a newly updated report thoroughly rebuking this claim here.

A Centennial Anniversary That’s Hardly Worth Celebrating

Marijuana prohibition ‘celebrates’ its centennial anniversary today. That’s right, the government’s war on cannabis consumers is now officially 100-years-old.

Self-evidently, cannabis has won.

Although many credit the passage of the federal Marijuana Tax Act of 1937 with the initiation of pot prohibition, the reality is that one hundred years ago today, Massachusetts Governor Eugene Foss signed the first statewide anti-pot prohibition into law. Following Massachusetts, over 30 states quickly followed suit — including California, Maine, Indiana and Wyoming in 1913 — leading the way for federal prohibition some two-and-a-half decades later.

Of course, cannabis use was practically non-existent in Massachusetts (as well as in most of the rest of the country) in 1911. Yet today, 100 years following the plant’s criminalization, the state boasts one of the highest rates of pot use in the nation.

Former NORML Board Member Richard Evans, author of Massachusetts House Bill 1371, the Cannabis Regulation and Taxation Act, nails it:

“Despite a century of ever-zealous enforcement and thunderous propaganda at taxpayer expense, marijuana inextricably permeates our culture. Its cultivation, commerce and use have proven ineradicable. We have tried mightily and we have failed to extirpate it. If anyone, anywhere, believes that spending more money on marijuana enforcement will drive out pot, let that person come forward and tell us plainly what it will take to make that happen, how much it will cost, and where the money will come from.

The futility of enforcement, however, is not the urgent reason to legalize it. The reason is that prohibition has become a destructive force in our society.

Most perniciously, marijuana prohibition provides the tools and the excuses for the oppression of minorities. No historian denies that the early drug laws were conceived for that purpose, and today’s grotesquely disproportionate incarceration rate of African-Americans proves that the drug laws have shamefully accomplished that purpose.

Prohibition divides us. Getting caught with pot, or the fear of getting caught, divides parents and teens, employers and employees, friends, neighbors, colleagues, doctors and patients, and citizens and the police. That divisiveness weakens us as we face colossal challenges like a sick economy, the insolvency of states and municipalities, climate change and our addiction to imported oil. As long as cannabis remains illegal, it cannot be a part of the solution to those colossal challenges.

… Our immediate challenge is not to legalize cannabis, but to legalize serious talk about it, without smirks and snickers. How legalization can best protect public health and safety, and discourage abuse, and how to tax the substance, are issues not just for politicians, but for everyone. Legalization is no longer for stoners; it’s for taxpayers, entrepreneurs and grandparents, horrified at the likely state of the planet on which their grandchildren will grow up.

Let the debate begin now, lest another hundred years go by.”

Is New England The New Hotbed For Marijuana Law Reform?

The northeast has historically been a hotbed for marijuana use — with five of the six New England states self-reporting some of the highest percentages of marijuana consumption in the nation. But recently New England has also become a regional leader in marijuana law reform.

Lawmakers in every New England state are now debating marijuana law reform legislation. Here’s a closer look at what’s happening.

Connecticut: The nutmeg state is the only northeast state besides New Hampshire that has yet to enact some form of marijuana decriminalization or medicalization. But that drought may end this year. Weeks ago, newly elected Democrat Gov. Dan Malloy publicly affirmed his support for legislation that seeks to reduce minor marijuana possession to a noncriminal offense. Malloy endorsed reducing adult marijuana possession penalties from a criminal misdemeanor (punishable by one year in jail and a $1,000 fine) to an infraction, punishable by a nominal fine, no jail time, and no criminal record. Gov. Malloy has also spoken out in favor of legalizing the physician-authorized use of medical marijuana. (Similar legislation was passed by the legislature in 2007, but was vetoed by then-Gov. Jodi Rell.) You can contact your state elected officials in favor of both of these proposals here and here. You can also get involved with Connecticut NORML here.

Maine: Maine voters have twice approved ballot initiatives in recent years addressing the medical use and distribution of medical cannabis. And in 2009, Maine lawmakers increased the amount of marijuana that may be classified as a civil offense from 1.25 ounces to 2.5 ounces (the second highest threshold in the nation). This year state lawmakers have introduced a pair of bills, LD 754 and LD 750, to expand the state’s existing marijuana decriminalization law. LD 754 would amend existing law so that the adult possession of over 2.5 ounces but less than 5 ounces is classified as a civil violation. LD 750 would amend existing law so that the cultivation of up to six marijuana plants by an adult is also classified as a civil violation. Both measures have been referred to the Joint Committee Criminal Justice and Public Safety Committee. You can contact your lawmakers in support of these measures here. NORML is also working with state lawmakers regarding the introduction of separate legislation to legalize adult marijuana possession, production, and distribution. You can learn more about this pending legislation here.

Massachusetts: In 2008, a whopping 65 percent of voters in endorsed Question 2 decriminalizing the adult possession of an ounce or less of cannabis to a fine-only civil offense. Now a coalition of state lawmakers are backing House Bill 1371 to legalize and regulate adult marijuana production and sales in Massachusetts. You can watch a 60-minute discussion with the bill’s lead sponsor and supporter here. You can contact your state elected officials in support of HB 1371 here, or by visiting the Massachusetts Cannabis Reform Coalition/NORML here. You can learn about a separate state legislative effort to regulate the use of medical marijuana here.

New Hampshire: Lawmakers this week heard testimony in favor of House Bill 442, which legalizes the physician-supervised use of medical marijuana. (Similar legislation passed both the House and the Senate in 2009, but was vetoed by Governor John Lynch.) You can write your lawmakers in favor of HB 442 via NORML’s ‘Take Action Center’ here, or by contacting NHCompassion.org.

Rhode Island: In coming days, Rhode Island state regulators will become only the third in the nation to begin licensing medical marijuana dispensaries. A coalition of lawmakers is also debating the amending the state’s penalties for non-patients. House Bill 5031 amends state law so that the adult possession of up to one ounce of marijuana is reduced from a criminal misdemeanor (punishable by one year in jail and a $500 maximum fine) to a civil offense, punishable by a $150 fine, no jail time, and no criminal record. You can voice your support for HB 5031 by clicking here.

Vermont: Two separate marijuana law reform measures are pending before Vermont lawmakers. Senate Bill 17 proposes expanding the state’s medical marijuana law to permit the establishment of two nonprofit medical marijuana dispensaries in the state. You can learn more about this measure here. House Bill 427 amends state law so that the adult possession of up to one ounce of marijuana is reduced from a criminal misdemeanor (punishable by six months in jail and a $500 maximum fine) to a civil offense, punishable by a $150 fine, no jail time, and no criminal record. Passage of the measure, which has been endorsed by Democrat Governor Peter Shumlin, will allow state law enforcement to reallocate an estimated $700,000 annually in criminal justice resources. You can contact your House member in support of HB 427 here.

For up-to-date information on marijuana law reform measures pending in other states, please visit NORML’s ‘Take Action Center’ here.

NORML’s Weekly Legislative Round Up

Marijuana law reform legislation is pending in over twenty states, and progressive measures have been pre-filed in many more. Below is this week’s edition of NORML’s Weekly Legislative Round Up — activists’ one-stop guide to pending marijuana law reform legislation around the country.

** A note to first time readers: 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 to make the changes they want to see.

Massachusetts: State lawmakers have reintroduced legislation, HB 1371, that seeks to legalize and regulate the “production, distribution, and sale” of marijuana to adults. The measure has been referred to the Joint Committee on the Judiciary. You can learn more about how to support this legislation by contacting MassCann, NORML’s Massachusetts affiliate here. You can also contact your House and Senate members and urge them to support legalization by going here.

Washington: On Tuesday, February 8, members of the House Committee on Public Safety and Emergency Preparedness heard testimony in favor of HB 1550, which allows for the state-authorized cultivation and distribution of marijuana and marijuana-related products. You can view archived video from this hearing here. The Committee is anticipated to vote on this measure on Friday, February 18. Last year the members of this Committee rejected a similar measure by a 6 to 2 vote. Urge them this year to vote ‘yes.’ You may contact the members of this Committee here or contact your individual House member here.

Hawaii: Members of the Senate Joint Committee on Judiciary and Labor and members of the Senate Committee on Health on Friday, February 4 voted in favor of Senate Bill 1460, which reduces the adult possession of up to one ounce of marijuana from a criminal misdemeanor (punishable by up to 30 days in jail and a $1,000 fine) to a civil violation punishable by a fine of not more than $100. You can read NORML’s testimony in support of the bill here. You can contact your state lawmakers in support of the measure here.

Maryland: Over 20 members of Maryland’s House of Delegates are backing legislation, HB 606, to reduce the adult possession of up to one ounce of marijuana from a criminal misdemeanor (punishable by one year in jail and a $1000 maximum fine) to a civil offense, punishable by a $100 fine, no jail time, and no criminal record. House Bill 606 has been referred to the House Committee on the Judiciary and is scheduled for a hearing on Tuesday, February 22nd at 1pm. You may contact the members of the Committee here. You can follow the progress of HB 606 on Facebook here. If you reside in Maryland, you can contact your Delegate in support of this legislation by clicking here.

Indiana: Members of the Senate Committee on Corrections, Criminal, and Civil Matters on Tuesday voted 5 to 3 in favor of Senate Bill 192, which calls for a legislative review to be conducted by the Criminal Law and Sentencing Policy Study Committee later this year. The measure now awaits action from the full Senate. You can contact your state Senator and urge him or her to endorse the measure by clicking here. Additional information on this and other marijuana law reform efforts in Indiana is available from Indiana NORML here or on Facebook here.

Montana: Bad news to report from Montana. On Thursday, February 10, members of House of Representatives voted 63 to 37 for HB 161, which would repeal the state’s existing medical cannabis law. The measure must be reapproved during a final House vote (third reading), which will likely take place imminently. If approved by the House, the measure then goes before the Senate. There has never been a single state medical marijuana law that has been repealed. Do not let Montana be the first. Please make sure that your state elected officials heard from you. You can contact him or her via the Montana NORML website here or via NORML’s ‘Take Action Center’ here. You can also visit Patients and Families United Facebook page here for up-to-date information on pending hearings and votes.

To be in contact with your state officials regarding these measures and other pending legislation, please visit NORML’s Take Action Center here.