NORML’s Weekly Legislative Round Up

Marijuana law reform legislation is pending in over a dozen 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.

Washington: A coalition of House lawmakers have introduced legislation, House Bill 1550, to legalize and regulate the “production, distribution, and sale” of marijuana to adults. “[T]he legislature intends to promote commerce and competition within Washington by eliminating penalties for the possession and consumption of cannabis, regulating and taxing the sale of cannabis by state government, and licensing cannabis growers,” it states. The measure has been referred to the House Committee on Public Safety and Emergency Preparedness. You can contact the Committee and your own House member in support of HB 1550 by visiting NORML’s ‘Take Action’ page here.

Massachusetts: Legislation that seeks to legalize the adult recreational use of cannabis will be introduced in the Massachusetts House imminently. Separate legislation to allow for the physician supervised use of medical marijuana has also been pre-filed and will be reintroduced in both chambers this legislative session. Further details about these efforts and how to support them is available from MassCann, the Massachusetts affiliate of NORML, here.

Indiana: Senate Bill 192, which calls for a legislative review of state marijuana policies, is pending in the state Senate. Says the bill’s sponsor: “Every year, we spend countless dollars pursuing these non-violent offenders. This study would provide an assessment of the actual costs to our criminal justice system including the impact on law enforcement, prosecution, and sentencing. It will also provide members of the public with the opportunity to voice their opinions on the state’s current policies and other options for regulating marijuana.” To contact your state Senator in support of SB 192, please click here.

Oklahoma: State lawmakers for the first time will consider legislation that seeks to exempt qualified medical marijuana patients from statewide criminal penalties — penalties which are among the strictest in the nation. Senate Bill 573 seeks to create the “Compassionate Use Act of 2011” which states, “Oklahoma Statutes relating to the cultivation of marijuana shall not apply to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.” To support this effort, please click here.

Medical marijuana law reform bills were also introduced this week in Delaware, Idaho, and were pre-filed in Maryland. For more information on ways to supprt these proposals, please visit NORML’s ‘Take Action’ page here.

Montana: On Tuesday, members of the House Judiciary Committee tabled House Bill 33, which sought to improperly define marijuana consumers as “drugged drivers” even if they are neither under the influence nor impaired to drive. NORML thanks those of you who took the time to call and e-mail members of this Committee and urged them to reject this draconian proposal.

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

Friday Morning Update — Voters Nationwide Decide Marijuana Law Reform Measures

[Friday morning update!] In California, voters decided 46 percent to 54 percent, against Prop. 19, which sought to legalize the adult possession of limited quantities of marijuana in private, and to allow for local governments to regulate its commercial production and retail distribution. The 46+ percent (3,471,308 million Californians) voting ‘yes’ on Prop. 19 marks the greatest percentage of citizen support ever recorded on a statewide marijuana legalization effort.

Commenting on the vote, NORML Deputy Director Paul Armentano said that marijuana legalization is no longer a matter of ‘if,’ but a matter of ‘when.’

“Social change doesn’t happen overnight, and in this case we are advocating for the repeal of a criminal policy that has existed for over 70 years federally and for nearly 100 years in California,” he said. “We are taking on the establishment and those who have vested interests in maintaining this longstanding failed policy. Yet, despite these odds, we have momentum and an unparalleled coalition of supporters – from law enforcement personnel, to civil rights groups, to organized labor, to lawyers, clergy, and public health professionals. In just a few short months, this campaign moved public opinion forward nationally, and led to the signing of historic legislation here in California that will end the arrest and prosecution of tens of thousands of minor marijuana offenders.”

He continued: “Throughout this campaign, even our opponents conceded that America’s present marijuana prohibition is a failure. They recognize that the question now isn’t ‘Should be legalize and regulate marijuana,’ but ‘How should we legalize and regulate marijuana?’”

He concluded: “In the near future there will be a slew of other states deciding on measures similar to Prop. 19 in their state houses and at the ballot box. And no doubt here in California, lawmakers in 2011 will once again be debating this issue, as will the voters in 2012.”

Backers of the measure have already announced plans for a similar campaign in 2012.

In Arizona, voters are narrowly against Proposition 203, the Arizona Medical Marijuana Act, which would permit state-registered patients to obtain cannabis legally from licensed facilities. But the gap is closing. As of Friday morning, the the race still remains too close to call, with Prop. 203 is trailing by less than 4,000 votes. With as many as 300,000 ballots and provisional ballots left to be counted, it could be several more days before election officials make an official decision. The proposal is sponsored by the Arizona Medical Marijuana Policy Project, an affiliate of the Marijuana Policy Project. Learn more about Proposition 203 here: http://stoparrestingpatients.org/home/.

In South Dakota, voters decided against Measure 13, the South Dakota Safe Access Act, which sought to exempt state criminal penalties for state-authorized patients who possessed marijuana. South Dakota voters had previously rejected a similar proposal in 2006. It is the only state where voters have ever decided against a medical marijuana legalization initiative.

In Oregon, voters decided against Measure 74, The Oregon Regulate Medical Marijuana Supply System Act of 2010, which sought to create state-licensed not-for-profit facilities to assist in the production and distribution of marijuana to qualified patients. Oregon voters initially authorized the physician-authorized use of marijuana in 1998. Several states, including Colorado, New Mexico, and Maine, have enacted statewide regulations licensing the production and dispensing of medical cannabis.

In other election developments that are pertinent to marijuana law reformers, California Democrat Kamala Harris is still narrowly leading Republican Steven Cooley for the office of state Attorney General. As of Friday morning, Harris is leading Cooley by less than one tenth of one percentage point (some 9,000 total votes) with 100 percent of precincts reporting. Yet with over two million ballots still left to count, The L.A. Times today reports, “With such a slim gap, the race for California’s top law enforcement office remained too close to call, and a clear winner may not emerge for days or even weeks.” Cooley is opposed by many marijuana reform organizations, including Americans for Safe Access, for his public opposition to medical marijuana, and his contention that any retail sale of medical cannabis is in violation of state law.

Also, in California, voters approved citywide ordinances in Albany (Measure Q), Berkeley (Measure S), La Puente (Prop. M), Oakland (Measure V), Rancho Cordova (Measure O), Richmond, Sacramento (Measure C), San Jose (Measure U), Stockton (Measure I) to impose new taxes on medical marijuana sales and/or production and businesses licenses. California NORML, along with several other reform groups, specifically opposed the Rancho Cordova measure as an excessive penalty on medical cannabis growers. Groups were divided in their support of many of the other local proposals.

Voters in Berkeley also approved a separate ordinance (Measure T) to permit a fourth medical marijuana dispensary in the city and reconstitute the city’s Medical Marijuana Commission Voters in Morro Bay and Santa Barbara rejected proposed municipal bans on dispensaries.

New Mexico voters elected Republican Susan Martinez to be the state’s next Governor. While campaigning for the office, Martinez voiced opposition to the state’s medical cannabis law, which since 2007 has allowed the state Department of Health to authorize medical marijuana users and third party, not-for-profit providers.

In Vermont, Democrat Peter Shumlin narrowly leads in the Governor’s race, with 91 percent of precincts reporting. While serving as state senator, Shumlin has been an advocate for both medical marijuana and decriminalization.

Connecticut voters have narrowly elected Democrat Dan Malloy for Governor. However, as of Friday morning, his Republican challenger Tom Foley appears ready to legally challenge the vote count. Malloy reportedly supports decriminalizing marijuana for adults, and also supports the legalization of medical cannabis. Malloy’s predecessor, Republican M. Jodi Rell, vetoed legislation in 2007 that would have allowed for the legal use of marijuana by those authorized by their physician.

In Massachusetts, voters in over 70 cities and towns decided favorably on non-binding public policy questions regarding the taxation of the adult use of marijuana and the legalization of the physician-supervised use of medical cannabis. Approximately 13 percent of the state’s registered voters weighed in on the questions.

Finally, Dane County (Madison), Wisconsin voters resoundingly backed a non-binding local initiative that asked, “Should the Wisconsin Legislature enact legislation allowing residents with debilitating medical conditions to acquire and possess marijuana for medical purposes if supported by their physician?” Seventy-five percent of voters decided ‘yes’ on the measure. In recent years, Wisconsin has been a highly contested battleground state in the fight for medical cannabis access.

Voters Nationwide To Decide On Marijuana Legalization Measures Tuesday

In California, voters will decide Proposition 19, The Regulate, Control and Tax Cannabis Act of 2010, which legalizes the adult possession of limited quantities of marijuana for adults in private, and allows local governments to regulate its commercial production and retail distribution. If passed, the measure would be the most expansive modern law ever enacted regarding the adult use, production, and distribution of marijuana.

Learn more about Prop. 19 here: http://yeson19.com.

In Arizona, voters will decide Proposition 203, the Arizona Medical Marijuana Act, which permits state-registered patients to obtain cannabis legally from licensed facilities. Authorized patients who do not have a state-licensed dispensary in their local area (defined as within 25 miles of their residence) would be permitted under the law to cultivate their own cannabis for medicinal purposes. Other patients would not be allowed to grow their own marijuana.

Learn more about Proposition 203 here: http://stoparrestingpatients.org/home/.

In South Dakota, voters will decide Measure 13, the South Dakota Safe Access Act, which exempts state criminal penalties for state-authorized patients who possess up to one ounce of marijuana or six cannabis plants. Fourteen states and the District of Columbia have enacted medical marijuana laws since 1996; ten have done so by voter initiative.

Learn more about Measure 13 here: http://sdcompassion.org/.

In Oregon, voters will decide Measure 74, The Oregon Regulate Medical Marijuana Supply System Act of 2010, which creates state-licensed not-for-profit facilities to assist in the production and distribution of marijuana to qualified patients. Oregon voters initially authorized the physician-authorized use of marijuana in 1998. Several states, including Colorado, New Mexico, and Maine, have enacted statewide regulations licensing the production and dispensing of medical cannabis.

Learn more about Measure 74 here: http://coalitionforpatientsrights2010.com/.

In Massachusetts, voters in 73 cities and towns will decide November 2 on non-binding public policy questions regarding the taxation of the adult use of marijuana and the legalization of the physician-supervised use of medical cannabis. Approximately 13 percent of the state’s registered voters will be weighing in on the questions. The results will likely influence the language of a proposed statewide, binding ballot measure in 2012.

Learn more about this campaign here: http://www.masscann.org/.

DC police kill grandmother’s dog while serving drug warrant

Please take a moment to sign the petition at http://CopsSayLegalizeDrugs.com/animals to protest the cruelty of the unnecessary killing of pet dogs by police during encounters with citizens.

Today’s story of police canicide comes to us by way of the Associated Press (click to watch the video). A 62-year-old grandmother in Washington, DC tells AP that police came to her home serving a drug warrant for her 28-year-old grandson. The grandma asks to put her dog in the back yard or the bathroom. The cops tell her the bathroom would be fine. Later, the cops open the bathroom door, claim this 13-year-old dog named “Wrinkles” attacked them, and they shoot it multiple times. By the way, the grandson hasn’t lived in the home for a dozen years and the only drugs cops found were what they claimed was “drug residue” on some baggies, which the grandma contends is the residue of fortune cookies.

There was another heartbreaking dog killing by police in Lagrange, Missouri, caught on video that you can view on our NORML Stash Blog. This incident did not involve a drug warrant, however. Instead it was a report of an aggressive dog, who on video appeared to be quite calm and friendly, shot to death by an officer after the officer had it fully restrained by chain, noose, and pole.

If we can get the signatures on the signatures on the LEAP petition over 1,000, supermodel Joanna Krupa has agreed to deliver the petition to both PETA and the Humane Society to increase the exposure of this all-too-common police procedure of killing family pets unnecessarily. (For more coverage of police dog killings in drug raids, check our Dog Shooting category at the NORML Stash Blog.)

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.

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

Hawaii: Senate lawmakers approved a series of bills last week that seek to reform the state’s marijuana laws. Senators voted unopposed in favor of SB 2450, which seeks to reduce penalties for 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 offense. You can read NORML’s recent commentary and testimony in favor of this measure here and here. You can voice your support for the measure here.

Senators this week also approved Senate Bill 2141, an act to increase the quantities of medical marijuana that a patient may legally possess under state law to ten plants and five ounces at any given time. Lawmakers approved the proposal by a 24 to 1 vote. Lawmakers also voted in favor of SB 2213, which would establish ‘compassion centers’ to provide medical marijuana to authorized patients. All three measures are now before the House for consideration. You can learn more about these proposals here.

Washington: House lawmakers on Wednesday, March 3, voted 58 – 40 in favor of an amended version of Senate Bill 5798, which would expand the state’s nearly twelve-year-old medical marijuana law. Because the House made minor amendments to the bill, it now must be re-approved by the Senate — who previously had 37 to 11 in favor of the bill in February. If enacted, SB 5798 will allow additional health care professionals – including naturopaths, physician’s assistants, osteopathic physicians, and advanced registered nurse practitioners – to legally recommend marijuana therapy to their patients. Under present law, only licensed physicians may legally recommend medicinal cannabis. To learn more about this measure, please visit NORML’s ‘Take Action’ Center here.

Rhode Island: House lawmakers this week for the first time introduced legislation to legalize the production, distribution, and personal use of marijuana for adults age 21 and older. As introduced, House Bill 7838: The Taxation and Regulation of Marijuana Act, would exempt adults from any statewide criminal or civil penalty for the possession of up to one ounce of marijuana, engaging in the not-for-profit transfer of small amounts of marijuana, and/or the cultivation of up to three marijuana plants. The proposal also establishes licensing requirements for the commercial cultivation and distribution of marijuana via retail facilities. The measure states that “at least one” marijuana retailer shall exist per county within one year following the passage of this act. To learn how you can support this act, please visit here.

New Hampshire: Next Wednesday, March 10, House lawmakers are scheduled to vote on House Bill 1653, which would amend penalties for possession of marijuana from a criminal misdemeanor, punishable by up to one year in jail and a $2,000 fine, to a civil offense punishable by no more than $200.00. Members of the House Criminal Justice and Public Safety Committee previously voted 16 to 2 in favor of passing the bill, and NORML anticipates that House lawmakers will do the same. However, Democrat Gov. John Lynch has threatened to veto the measure. Contact information and talking points for Gov. Lynch may be found at NORML’s ‘Take Action Center’ here.

Massachusetts: The Joint Committee on Judiciary held a hearing on Tuesday to debate SB 1801, which seeks to “regulate and tax the cannabis industry” in Massachusetts. You can watch video from the hearing here, and you can contact your state elected officials in support of the measure here.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.