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medical marijuana

  • by Danielle Keane, NORML Political Director July 19, 2016

    ballot_box_leafWe’ve said it before and we’ll say it again: 2016 is set to be a monumental year for marijuana law reform. There are currently nine pending ballot initiatives to either legalize adult marijuana use or to legalize the use of medical marijuana for qualifying medical conditions. The country could double the number of states that allow the recreational use of marijuana and could potentially expand the therapeutic benefits of marijuana use to millions of Americans come November.

    Find below a summary of each of these pending initiatives, links to the campaign websites and to the initiative texts so you can be an informed voter this November. (A Michigan social use initiative effort is in litigation and is not included in the summary below.)

    Arizona
    Name: Arizona Regulation and Taxation of Marijuana Act
    Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
    Proponents: The Campaign to Regulate Marijuana Like Alcohol (Marijuana Policy Project)
    Website: Regulate Marijuana Like AlcoholInitiative Language
    Summary: The Regulation and Taxation of Marijuana Act allows adults twenty-one years of age and older to possess and to privately consume and grow limited amounts of marijuana; it creates a system in which licensed businesses can produce and sell marijuana; establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana; and provides local governments with the authority to regulate and limit marijuana businesses.


    Arkansas
    Name: The 2016 Arkansas Medical Cannabis Act
    Ballot Number: N/A
    Proponents: Arkansans for Compassionate Care
    Website: The Arkansas Medical Cannabis ActInitiative Language
    Summary: The 2016 Arkansas Medical Cannabis Act establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to obtain a ‘hardship certificate’ in order to cultivate their own medicine at home. A similar initiative narrowly failed in the state in 2012, garnering over 48 percent of the vote.


    California
    Name: Adult Use of Marijuana Act
    Ballot Number: Proposition 64
    Proponents: Let’s Get It Right CA
    Website: Yes on Prop 64Initiative Language
    Summary: Passage of the measure would permit adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” The AUMA is endorsed by the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML. Sixty percent of likely California voters say that they intend to vote for the initiative this fall, according to a February 2016 Probolsky Research poll.


    Florida
    Name: Use of Marijuana For Debilitating Conditions
    Ballot Number: Amendment 2
    Proponents: United For Care
    Website: United For CareInitiative Language
    Summary: Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities. According to a recent statewide poll, 68 percent of Florida voters say that they support the passage of the amendment. According to Florida law, 60 percent of voters must approve a constitutional amendment in order for it to become law. In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.


    Maine
    Name: Marijuana Legalization Act
    Ballot Number: Question 1
    Proponents: Campaign to Regulate Marijuana Like Alcohol
    Website: Regulate MaineInitiative Language
    Summary: If enacted by voters in November, the measure would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use. The measure would also establish licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent sales tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.


    Massachusetts
    Name: Marijuana Legalization Initiative
    Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
    Proponents: The Campaign to Regulate Marijuana Like Alcohol in Massachusetts
    Website: Regulate Marijuana Like AlcoholInitiative Language
    Summary: The initiative allows adults 21 years of age and older to possess up to one ounce of marijuana outside of their residences and up to 10 ounces of marijuana in an enclosed, locked space within their residences, which mimics the current in-residence allowance established by the Massachusetts Department of Public Health for medical marijuana patients. It allows adults 21 years of age and older to grow up to six marijuana plants in an enclosed, locked space within their residences and possess the marijuana produced by those plants in the location where it was grown.


    Missouri
    Name: New Approach Missouri
    Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
    Proponents: New Approach Missouri
    Website: New Approach MissouriInitiative Language
    Summary: The initiative creates a statewide system for production and sale of medical cannabis and medical cannabis products. It also provides for limited and regulated patient cultivation. The initiative levies a four percent retail tax, and all revenue in excess of the cost of regulating the medical cannabis program will go to help Missouri’s veterans. The initiative maintains the current prohibition on public use and driving under the influence. It also allows the Department of Health and Senior Services to institute a seed-to-sale tracking system to ensure that the product and money do not reach the illicit market. The initiative puts the Missouri Department of Health and Senior Services in charge of licensing and implementation, but also allows the department to contract with other state agencies when necessary for effective and efficient regulation. Sixty-two percent of registered voters voice support for the measure, according to survey data compiled by Public Policy Polling.


    Montana
    Name: Montana Medical Marijuana Initiative
    Ballot Number: I-182
    Proponents: Montana Citizens for I-182
    Website: YesOn182Initiative Language
    Summary: I-182 repeals the limit of three patients for each licensed provider, and allows 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. I-182 removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state.


    Nevada
    Name: Nevada Marijuana Legalization Initiative
    Ballot Number: Question 2
    Proponents: Coalition to Regulate Marijuana Like Alcohol in Nevada
    Website: Regulate Marijuana Like Alcohol in NevadaInitiative Language
    Summary: The ballot language permits adults to possess and grow personal use quantities of cannabis (up to one ounce and/or six plants) for non-commercial purposes. The measure also regulates and taxes the commercial production and retail sale of cannabis. It states, “The People of the State of Nevada find and declare that the use of marijuana should be legal for persons 21 years of age or older, and its cultivation and sale should be regulated similar to other businesses.”

  • by Danielle Keane, NORML Political Director July 15, 2016

    US_capitolMembers of Congress this week heard testimony on the state of marijuana research, and leading members of the U.S. Senate introduced legislation to potentially reclassify CBD. A medical marijuana initiative in Montana qualified for the November ballot and Governors in three states signed marijuana related bills into law. Keep reading below to get this week’s latest marijuana news and to find out how you can #TakeAction.

    Federal:
    On Wednesday, members of the U.S. Senate Judiciary Subcommittee on Crime and Terrorism, chaired by Senator Lindsey Graham (R-SC) held a hearing titled, “Researching Marijuana’s Potential Medical Benefits and Risks”. Testimony was provided by Senators Kirsten Gillibrand (D-NY) and Cory Booker (D-NJ), who are co-sponsors of the CARERS Act, as well as by officials from the National Institute on Drug Abuse (NIDA) and the Food and Drug Administration (FDA). While several witnesses were asked by the committee whether or not they expected the DEA to reschedule cannabis, none provided a direct answer. An archive of the hearing is available online here.

    Today, US Senators Charles Grassley (R-IA), Diane Feinstein (D-CA), Pat Leahy (D-VT), and Thom Tillis (R-NC) introduced legislation, the “Cannabidiol Research Expansion Act.” The Act requires the Attorney General to make a determination as to whether cannabidiol should be reclassified under the Controlled Substances Act and would expand research on the potential medical benefits of cannabidiol and other marijuana components. You can voice your support for this measure, as well as other pending federal legislation, by clicking here.

    State:

    Hawaii: On Tuesday, Governor David Ige signed legislation, House Bill 2707, to expand the state’s medical cannabis program.

    The measure expands the pool of practitioners who may legally recommend cannabis therapy to include advanced nurse practitioners. Separate provisions in the bill remove the prohibition on Sunday dispensary sales and on the possession of marijuana-related paraphernalia by qualified patients. Other language in the bill permits the transportation of medical marijuana across islands for the purposes of laboratory testing, but maintains existing prohibitions banning individual patients from engaging in inter-island travel with their medicine.

    Full text of the bill is available here.

    Missouri: Governor Jay Nixon signed legislation into law today making it easier for those with past marijuana convictions to have their records expunged.

    The legislative measure expands the number of offenses eligible for expungement from roughly a half dozen to more than 100 non-violent and non-sexual crimes. It also allows people to expunge their records sooner, shortening the waiting period to three years for misdemeanors and to seven years following a felony offense. However, the law does not take effect until January 1, 2018.

    Missouri’s NORML coordinator Dan Viets said, “This law will allow many thousands of people who have a marijuana conviction on their public records to escape the lifelong disabilities such a conviction has caused in the past.”

    For more information, contact Missouri NORML here.

    pills_v_potMontana: On Wednesday, a statewide initiative to expand and restore the state’s medical marijuana program qualified for the November ballot. The initiative is seeking to reverse several amendments to the program that were initially passed by lawmakers in 2011.

    If approved by voters, I-182 allows a single treating physician to certify medical marijuana for a patient diagnosed with chronic pain and includes post-traumatic stress disorder (PTSD) as a “debilitating medical condition” for which a physician may certify medical marijuana, among other changes. You can read the initiative language here.

    Pennsylvania: On Monday, legislation to establish “a pilot program to study the growth, cultivation or marketing of industrial hemp” was sent to Governor Wolf for his signature.

    This measures allows state-approved applicants to research and cultivate industrial hemp as part of an authorized pilot program. This proposal is compliant with Section 7606 of the omnibus federal farm bill, authorizing states to sponsor hemp cultivation pilot programs absent federal reclassification of the plant. More than two dozen states have enacted similar legislation permitting licensed hemp cultivation in a manner that is compliant with this statute. #TakeAction

    Rhode Island: Governor Gina Raimondo signed legislation, House Bill 7142, this week to make post-traumatic stress patients eligible for medical cannabis treatment and to accelerate access to those patients in hospice care. Members of both chambers previously overwhelmingly approved the measure. Full text of the bill is available here. The new law went into effect immediately upon the Governor’s signature.

  • by Danielle Keane, NORML Political Director July 14, 2016

    thumbs_upOver the weekend the Democratic National Committee voted to endorse a “reasoned pathway to future legalization” of marijuana and called on the federal government to downgrade marijuana from it’s current Schedule 1 of the United States Controlled Substances Act.

    In an 81-80 vote, the following language was added as part of the Democratic party’s official 2016 platform:

    “Because of conflicting laws concerning marijuana, both on the federal and state levels, we encourage the federal government to remove marijuana from its list as a Class 1 Federal Controlled Substance, providing a reasoned pathway for future legalization.”

    Previously, a 15-person panel of the Democratic National Committee voted to include the following language which will also be included in the party platform:

    “We believe that the states should be laboratories of democracy on the issue of marijuana, and those states that want to decriminalize marijuana should be able to do so. We support policies that will allow more research on marijuana, as well as reforming our laws to allow legal marijuana businesses to exist without uncertainty. And we recognize our current marijuana laws have had an unacceptable disparate impact, with arrest rates for marijuana possession among African Americans far outstripping arrest rates among whites, despite similar usage rates.”

    While the language that was originally approved by the panel sufficiently addressed marijuana law reform as a party priority, the additional amendment which nods towards future legalization, bodes well with advocates all around. This is surely a large step in the right direction by one of our country’s main political parties.

    As the Democrats worked to finalize what faction of marijuana law reform they would like to endorse, the Republicans had a different debate on the subject.

    On Monday, the Republican party voted not to endorse medical marijuana in their 2016 platform. And throughout the debate some of oldest marijuana myths were spouted as fact. Delegates contested that marijuana is linked to mental health issues, that mass murderers are all smoking pot, and that the heroin epidemic is a result of teenagers smoking weed. While there were some pro-medical marijuana delegates present and who attempted to push back at the theories, it was not enough to result in a medical marijuana endorsement by the party.

    The Republican party missed their opportunity to endorse any language related to marijuana law reform which could have ranged from medical marijuana to simply endorsing the conservative principle of limited government, allowing states to move forward with their reforms free from federal interference.

    It’s a wonder how one political party has come so far in acknowledging scientific fact and public opinion, which puts voter approval for medical marijuana at 78 percent and voter approval for adult marijuana use at 61 percent, while another political party seems so far from that same point.

  • by Danielle Keane, NORML Political Director July 1, 2016

    map_leafFederal lawmakers requested action this week on restoring medical marijuana access to veterans, while proponents in Arizona came one step closer to qualifying to the November ballot. Keep reading to get the latest news and to find out how you can #TakeAction.

    Federal:

    A bipartisan group of 11 lawmakers wrote a letter this week to Congressional leadership urging them to reconsider the Veterans Equal Access Amendment. Majorities in both the US House and Senate voted in May to include the provision as part of the Fiscal Year 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations bill. However, Republicans sitting on the House Appropriations Committee decided last week to remove the language from the bill during a concurrence vote. The latest version of the Appropriations bill now awaits action by the Senate.

    A separate coalition of US Senators and representatives also drafted a letter this week to DEA officials calling on the agency to move swiftly to reclassify marijuana under federal law, and to allow private producers to cultivate cannabis for clinical research purposes. “We request that you take immediate action to remove ‘cannabis’ and ‘tetrahydrocannabinols’ from Schedule I. We also ask that you issue a public statement informing the research community that the DEA, in compliance with international obligations, will accept new applications to bulk manufacture cannabis for medical and scientific purposes, to be approved on merit-based criteria,” lawmakers requested. In April, DEA officials pledged to issue guidance on the scheduling of cannabis within the first half of this year, a promise they recent walked back.

    State:

    Arizona: The campaign to legalize the adult use of marijuana in Arizona yesterday turned in more than 200,000 signatures to the Secretary of State’s office. The campaign needs at least 150,000 of those signatures to be certified in order to qualify for this November’s ballot. Under the proposed initiative, those age 21 and older are permitted to possess up to 1 ounce of marijuana and grow up to six plants in their homes. The measure would also establish a licensing system for the commercial production and retail sale of cannabis.

    thumbs_upLouisiana: Last week the city of New Orleans began implementing the new ordinance lowering the penalties associated with the possession of small amounts of marijuana. The ordinance was originally approved by City Council back in March in hopes of diverting police resources from minor crimes and keeping low-level offenders out of jail. The ordinance reclassifies minor marijuana possession offenses as non-criminal violations punishable by a fine-only: $40 for a first offense, $60 for a second, $80 for a third, and $100 for a fourth and beyond. Under state law, second and/or third convictions are punishable by between 6 months and 2 years in prison.

    In statewide news, decision-makers at Louisiana State University and Southern University have agreed to apply for cultivation permits to supply medical cannabis. Under state law, qualified patients are permitted marijuana-infused products under a doctor’s recommendation. The state’s nascent medical cannabis program is anticipated to be up and running by 2018.

    Pennsylvania: Members of the Harrisburg City Council are considering a measure to decriminalize the possession of small amounts of marijuana within the city limits. In recent days, members of the City Council amended the language to reduce the fines for possession, increase the fines for smoking marijuana in public and expand the effort to include possession of marijuana paraphernalia. The members are scheduled to vote on the measure on July 5th. If you live in Harrisburg you can find the contact information for City Council here.

    Washington D.C.: The D.C. Health Department issued a report this week recommending the District legalize the retail sale of marijuana. Specifically, they recommend D.C. to “impose state taxes on production, distribution, and sales along with a licensed market participation, age restriction, and prohibitions on advertising and marketing to minors,” and ““use current regulatory models for tobacco and alcohol to base legislation to enact effective marijuana controls.”

    Residents of Washington D.C. voted in 2014 to legalize the adult use of recreational marijuana. However Congressional leaders have prohibited the district from implementing a recreational market through annual budget riders. With this new report from the district’s health department and willingness from the Mayor and City Council to create a regulated market, it’s questionable how long Congress will continue to block the will of the people.

  • by Kevin Mahmalji, NORML Outreach Coordinator June 28, 2016

    As predicted, 2016 is turning out to a historic year for the marijuana legalization movement. With three statewide initiatives already cleared for the November ballot (Florida, Nevada, Maine) and several other initiative campaigns awaiting certification, there has never been a greater need for grassroots marijuana activism. From gathering signatures and making volunteer recruitment calls, to data entry and talking face to face with voters, there is still plenty of work to be done. To get involved today, simply follow the three easy steps below!

    First, please consider becoming a member of our organization (NORML Membership). In addition to being a part of the nation’s longest serving marijuana law reform group and getting a great membership package, we have compiled an extensive collection of fact-based information that you can use to support your efforts as you engage lawmakers in your community. Regardless of the point you’re trying to make (recreational, medical, hemp, CBD, etc.) you’ll find recent studies, articles and other resources that will help reinforce your argument (NORML Library).

    chapter_spotlight

    Second, if there isn’t already a NORML affiliate in your community (Chapter Locator), I encourage you to begin the process of forming your own chapter. For more than 40 years, NORML affiliates and chapters have been leading reform conversations on the local and state level, and they continue to be the driving force behind policy decisions regarding marijuana. If this is something that you’d like to be a part of, please take a few minutes to review NORML’s new Chapter Starter Packet. It will serve as your number one resource as you get started. If you need help finding others to join you, I’m happy to help connect you with people in your area.

    Third, start contacting your local, state and federal representatives about pending marijuana-related legislation by using our online Action Alert Center. We’re constantly monitoring dozens of marijuana-related bills from around the country so we’re able to provide you with the most up-to-date legislative alerts and talking points. In addition to advocating for marijuana law reform using the legislative process, we also welcome the opportunity to work with your organization to draft a municipal ordinance, similar to the ones recently adopted by local governments in Ohio and Florida.

    I look forward to working with you to establish a new community of marijuana activists in your state! For more information about forming a NORML chapter or getting involved with marijuana law reform efforts, please email KevinM@NORML.org or visit NORML.org.

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