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medical marijuana

  • by Danielle Keane, NORML Political Director September 30, 2016

    take_actionNORML released our updated and revised 2016 Congressional Scorecard this week in conjunction with National Voter Registration Day. The Scorecard is an all-encompassing database that assigns a letter grade ‘A’ through ‘F’ to members of Congress based on their marijuana-related comments and voting records.

    With the 2016 presidential election drawing closer and statewide marijuana initiatives qualified for the ballot in nine states, we need YOU to make it out to the polls to support ending cannabis prohibition. Double-check your status as a voter and encourage your friends and family to do the same. Take a look at how we graded your members of Congress and bring that information with you to the polls on Election Day!

    Federal: Members of Congress have approved a short-term spending bill that keeps in place existing provisions protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. The amendment, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” Federal lawmakers will revisit the FY 2017 spending appropriation after the Election.

    State:

    California: On Tuesday, the California Nurses Association/National Nurses United, the nation’s largest state organization of nurses, announced that it has endorsed Proposition 64, the Adult Use of Marijuana Act.

    Deborah Burger, President of the California Nurses Association/NNU said, “California Nurses believe strongly that the prohibition and criminalization of marijuana has ruined generations of lives, wasted hundreds of millions of taxpayer of dollars and failed to protect the public health and safety. California needs a new approach and Proposition 64 is carefully crafted to strictly regulate adult-use marijuana while funding critical youth programs and safeguarding children, workers and local communities.”
    Proposition 64 permits 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 California Nurses Association joins the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the California League of Conservative Voters, Equality California, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML in its support for Proposition 64.

    Maine: Polling data compiled by the University of New Hampshire finds that likely voters support Question 1, the Marijuana Legalization Act, by a margin of 53 percent to 38 percent.

    If enacted by voters in November, Question 1 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: A new WBZ-TV/UMass Amherst poll finds that a majority of voters back Question 4: The Regulation and Taxation of Marijuana Act. The measure leads in the poll by a 53 percent to 40 percent margin.

    If enacted, Question 4 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.

    Tennessee: Members of the Memphis City Council are following in the footsteps of the Nashville Metro Council by approving a local ordinance to provide local police the discretion to issue $50 citations for those who possess up to a half-ounce of marijuana. Under state law, the possession of small amounts of cannabis is classified as a criminal misdemeanor, punishable by up to one year in jail and a criminal record. Council members approved the ordinance last week in it’s second reading, with the third and final reading taking place October 4th. If you live in Memphis, consider contacting your member of City Council to urge their support for this common sense measure.

  • by Kevin Mahmalji, NORML Outreach Coordinator August 22, 2016

    Cannabis PenaltiesStatewide marijuana legalization efforts in Ohio have proven to be more difficult than many expected. After Ohio voters overwhelming rejected Issue 3 – a well-funded ballot initiative, that would have legalized the possession of up to one ounce of marijuana for adults 21 and over, but also contained severe restrictions with regard to retail production of the plant – many advocates promised to return with a better plan for marijuana consumers. But those plans were quickly derailed after the Ohio General Assembly established a limited, yet workable medical marijuana program with the passage of House Bill 523.

    With no statewide initiative, many activists decided to shift their focus to working with state lawmakers to strengthen HB 523 by expanding access and advocating for amendments to permit for home cultivation for patients and caregivers. And since the possession of less than 100 grams (roughly 3.5 ounces) of marijuana is considered a “minor misdemeanor,” punishable by a maximum fine of $150 plus $100 in court costs, some activists found themselves complacent with the status quo. After considering these points, members of Ohio Chapter of the National Organization for the Reform of Marijuana Laws (NORML) decided to explore reform options on the local level.

    Taking a page out of their own playbook, Eleanor Ahrens and Chad Thompson, led by executive director Cher Neufer, decided they would retool a local decriminalization measure that was approved by Toledo voters in 2015. With this strategy the group set their sights on several municipalities across the state. Activists in the municipalities of Newark Bellaire, Bellevue, Cleveland, Elyria, Logan, Huron, Athens and Norwood, as well as in Lucas County, started to collect signatures for a “complete decriminalization” measure that would further decriminalize the possession of up to 200 grams of marijuana flower, up to 10 grams of concentrates, paraphernalia, by removing all fines and court costs.

    “Complete Decrim is a new innovative way to make any misdemeanor offense basically legal,” Neufer said. “With no fines, no jail time, no drivers license suspension, and no court costs, we are making the police just walk away from misdemeanor marijuana offenses as if it were a legal substance.”

    To date, the group has successfully qualified the measure for the municipal ballot in the cities of Newark and Logan this November, but fell short in the city of Athens. Activists with Ohio NORML plan to continue their effort. An effort that could extend well into 2017. For more information about or to get involved with Ohio NORML, please email info@ohionorml.org today!

  • 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.

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