Federal: Congressman Jason Chaffetz (R-UT) introduced H.R. 4779, the CBD Oil Act of 2016 this week. This legislation would bar prosecution of individuals who use cannabidiol (CBD) oil for medical purposes as permitted by existing state law. Currently, 15 states have laws on the books to allow for the use of CBD products for medicinal purposes. Utah Governor Herbert has come out in support of the bill saying: “I support Rep. Chaffetz in his effort to alleviate the fear that many Utah families face over conflicting state and federal laws regarding cannabis oil. This legislation resolves that concern by respecting decisions made at the local level.”
This legislation joins five other pending bills on the federal level to to permit and/or protect patient access to CBD. You can find the other pending legislation here.
Alabama: Legislation is pending, House Bill 257, to amend state law so that first time offenders of one ounce or less of marijuana face a civil fine, no arrest and no criminal record. Current law defines the personal possession of marijuana as a Class A misdemeanor, punishable by up to a year in jail and a fine up of to $6,000.
The legislation is currently pending before the House Judiciary Committee. #TakeAction
Florida: Members of the Tampa city council voted 5 to 1 to amend local laws so that the possession of 20 grams or less of cannabis within city limits is a non-arrestable, fine-only offense. First-time offenders face a $75 fine, while multiple offenders could face fines up to $450. By contrast, Florida law defines similar possession offenses as a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine.
Tampa’s pending law is similar to those recently enacted in a number of Florida counties, including Miami-Dade, West Palm Beach, and Volusia, as well as in several other metropolitan areas, such as Philadelphia and Milwaukee.
Georgia: House lawmakers have resurrected language to expand the state’s medical cannabis law. Provisions previously contained in House Bill 722 have been attached to separate legislation, which is expected to be decided upon by a floor vote imminently. House lawmakers previously approved the measure last month, but Senate lawmakers were unwilling to take up the issue.
As amended, the language expands the pool of patients eligible for certain medical marijuana products to include autism spectrum disorder, AIDS, a skin disease known as epidermolysis bullosa, peripheral neuropathy, Tourette’s syndrome and post-traumatic stress disorder, and protects patients against various discriminatory practices. #TakeAction
Louisiana: Members of the New Orleans city council voted 7 to zero in favor of legislation permitting police to cite rather than arrest minor marijuana offenders (defined as those who possess 14 grams or less), including repeat offenders. First-time violators are subject to a $40 fine while subsequent offenders may face fines of up to $100. Under state law, first-time possession offenders are subject to arrest and criminal prosecution (punishable by up to 15 days in jail) while repeat offenders face up to eight years in prison.
Pennsylvania: After months of delay, House members approved legislation in a 149-3 vote on Wednesday to permit the production and use of medical marijuana products to qualified patients.The amended bill permits state officials to license marijuana cultivators and dispensaries to provide cannabis products to qualified patients who possess a recommendation from select physicians. The measure permits for the dispensing of herbal cannabis via vaporization, as well as the use of marijuana-infused extracts or oils.Because the House-amended legislation differs from the version initially approved by the Senate, the bill must be reapproved by the Senate or it will be negotiated in conference committee. #TakeAction
Tennessee: Legislation is pending, HB 2310 and SB2321, to place a referendum before voters this November that would provide local law enforcement the option of citing rather than arresting adults who are caught in possession of one ounce or less of marijuana. If the referendum is approved by voters, the option to arrest or cite minor offenders will be at the discretion of law enforcement.
An analysis of 2012 marijuana possession arrests reports that police annually arrest over 19,000 Tennesseans for minor marijuana possession offenses. This is the 15th highest statewide tally in the nation. House Bill 2310 has been scheduled to be heard by members of the House Criminal Justice Subcommittee on March 22nd. #TakeAction
Vermont: The House Judiciary Committee held it’s first walk-through this week related to S.241, the measure to regulate the adult use, production, and sale of cannabis. Though the Senate has approved the measure, it’s expected to be a difficult road to win the House over. If you live in Vermont it’s important to contact your lawmakers and urge their support for this measure! #TakeAction
The use of marijuana by younger adolescents is falling while their perceived disapproval of cannabis use is rising, according to data published this week in The American Journal of Drug and Alcohol Abuse.
Investigators from the University of Texas at Austin evaluated trends in young people’s attitudes toward cannabis and their use of the substance during the years 2002 to 2013 – a time period where 14 states enacted laws legalizing the medical use of the plant, and two states approved its recreational use by adults. (Six states also enacted laws decriminalizing marijuana possession offenses during this time.) Analyses were based on self-reported measurements from a nationally representative sample of 105,903 younger adolescents (aged 12-14); 110,949 older adolescents (aged 15-17); and 221,976 young adults (aged 18-25).
Researchers reported that the proportion of adolescents age 12 to 14 who strongly disapproved of marijuana use rose significantly during this period. The percentage of 12 to 14-year-olds reporting having used marijuana during the past year fell significantly during this same time period.
Among youth age 15 to 17, past year cannabis use also fell significantly, while young people’s perception of marijuana remained largely unchanged.
“Our results may suggest that recent changes in public policy, including the decriminalization, medicalization, and legalization of marijuana in cities and states across the country, have not resulted in more use or greater approval of marijuana use among younger adolescents,” the study’s lead investigator said in a press release.
Young adults age 18 to 25, in contrast to their younger peers, were less likely in 2013 to disapprove of the use of cannabis. However, this change in attitude was not positively associated with significant rises in past year marijuana use by members of this age group, researchers reported.
Separate survey data reported by the University of Michigan has reported an overall decline over the past decade in the percentage of young people perceiving a “great risk” associated with the use of marijuana. However, this decline in perceived risk has not been accompanied by a parallel increase in cannabis use by young people.
The abstract of the study, “Trends in the disapproval and use of marijuana among adolescents and young adults in the United States: 2002-2013,” appears online here.
You can read the details of the measure here. When implemented, it would allow patients in Guam to obtain a recommendation for medical marijuana from their physician and purchase marijuana from approved dispensary locations.
Stay tuned to NORML Blog for the latest on the 2014 Marijuana Midterm. Live coverage will begin this evening.
Tomorrow is Election Day and voters across the country will be faced with measures regarding marijuana law reform and some difficult legislative races. To help keep you on top of all the upcoming votes, we are issuing this helpful primer on what races to watch as the results begin to roll in. Don’t forget, we will be running live election coverage right here on blog.norml.org all night, so check back in tomorrow evening to stay on top of all the breaking exit polls, news stories, and official results. Don’t forget to get out and cast your ballot, click here if you need help finding your polling place and other voting information.
On the Ballot:
Voters in three states and in numerous municipalities, including Washington, DC, will decide this Election Day on ballot measures seeking to significantly amend marijuana laws.
Voters in Alaska will decide on Ballot Measure 2, which seeks to legalize the adult possession of up to one ounce of cannabis as well as the cultivation of up to six-plants for personal consumption. The measure would also allow for the establishment of licensed, commercial cannabis production and retail sales of marijuana and marijuana-infused products to those over the age of 21. Commercial production and retail sales of cannabis would be subject to taxation, but no taxes would be imposed upon those who choose to engage in non-commercial activities (e.g., growing small quantities of marijuana for personal use and/or engaging in not-for-profit transfers of limited quantities of cannabis.) Public consumption of cannabis would be subject to a civil fine.
Voters in California will decide on Proposition 47, which seeks to reduce penalties for various drug possession crimes, including offenses involving the possession of hashish or other concentrated forms of cannabis.
Voters in Florida will decide on a constitutional amendment (Amendment 2) that would permit physicians the discretion to authorize cannabis therapy to their patients. The measure would also direct the state Department of Health to establish regulations for the establishment of licensed medical cannabis cultivators and dispensaries. Under the proposal, authorized patients would not be permitted to cultivate their own marijuana. Because the proposal seeks to amend the Florida state constitution, it requires the support of more than 60 percent of voters in order for passage.
Voters in Oregon will decide on Measure 91, which seeks to regulate the commercial production, retail sale, and personal use of marijuana by adults. Adults who engage in the non-commercial cultivation of limited amounts of cannabis for personal use (up to four marijuana plants and eight ounces of usable marijuana at a given time) will not be subject to taxation or commercial regulations. Passage of the initiative would not “amend or affect in any way the function, duties, and powers of the Oregon Health Authority under the Oregon Medical Marijuana Act.”
Citizens residing in the US territory Guam will decide on Proposal 14A, the Compassionate Cannabis Use Act. If approved by voters, the measure would “direct the Department of Public Health and Social Services to regulate the use of marijuana as treatment for medical conditions.” The Department would have up to nine months following the law’s passage to provide rules for the territory’s medical marijuana program.
In the District of Columbia, voters will decide on Initiative 71, which would remove criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants. Adults who engage in not-for-profit transactions of small quantities of cannabis or who possess marijuana-related paraphernalia would also no longer be subject to penalty under this act. The measure would not establish a regulatory framework for the regulation of a commercial cannabis market. Because Washington, DC does not possess statehood, all District laws are subject to Congressional approval prior to their implementation.
In Maine, voters in the cities of Lewiston and South Portland will decide on municipal measures eliminating local penalties in regard to the adult possession of up to one ounce of cannabis.
In Massachusetts, voters in eight select districts in the state will decide on non-binding public policy questions asking, “Shall the State Representative from this district be instructed to vote in favor of legislation that would allow the state to regulate and tax marijuana in the same manner as alcohol?” There will also be several other ballot questions regarding the legalization of marijuana in other locations, you can read about these in-depth here and here.
In Michigan, voters in eleven cities – Berkley, Clare, Frankfort, Harrison, Huntington Woods, Lapeer, Mt. Pleasant, Onaway, Pleasant Ridge, Port Huron, and Saginaw – will decide on local ballot measures seeking to depenalize minor marijuana possession offenses by adults.
In New Mexico, voters in Bernalillo will decide on a non-binding countywide ballot measure asking citizens whether to reduce minor marijuana possession offenses from a criminal misdemeanor to a fine-only, civil offense.
Voters in several additional cities in California and Colorado will also decide on Election Day on various measures specific to marijuana cultivation, taxation, and dispensing. Washington state voters will also decide on an advisory measure (Advisory Vote No. 8) in regard to agricultural tax preferences for the marijuana industry.
NORML PAC Candidates:
The NORML Political Action Committee has made endorsements of candidates in a variety of states. View the below list to see if a NORML PAC endorsed candidate will be on the ballot in your state:
US House of Representatives
- Representative Alan Grayson for Congress (FL-9)
- Assemblywoman Bonnie Watson Coleman for Congress (NJ-12)
- Rep. Earl Blumenauer for Congress (OR-03)
- Rep. Steve Cohen for Congress (TN-9)
- Rep. Beto O’Rourke for Congress (TX-16)
- Rep. Denny Heck for Congress (WA-10)
- Rep. Diane Russell for Maine State Representative (LD 39)
- Paul Zukerberg for Attorney General (DC)
- Mark Cohen for Pennsylvania State House (District 202)
Be sure to stay tuned to blog.norml.org for coverage all Election Day, including a live blog in the evening as the results begin pouring in. Most importantly, don’t forget to get to your local polling place and SMOKE THE VOTE!
In a memo obtained by NORML, released in late May, the United States Department of Agriculture (USDA) clarified their drug policy in light of the growing number of states legalizing marijuana for medical and recreational use.
In response to inquiries regarding the department’s policy for employees in states that approved recreational or medical use of marijuana, the USDA strongly reaffirmed that their drug testing policies concerning marijuana are still very much in effect, regardless of state law changes.
The memo states that, “use of Marijuana for ‘recreational’ purposes is not authorized under Federal law nor the Department’s Drug Free Workplace Program policies.” It then elaborates that, “accordingly, USDA testing procedures remain in full force and effect.”
This policy is largely still being enforced due to marijuana’s current status as a Schedule I drug at the federal level. The USDA described their current ongoing policy by stating that “USDA agencies test for the following class of drugs and their metabolites: (a) Marijuana, Opiate (Codeine/Morphine, Morphine, 6-Acetylmorphine) and PCP; and (b) Cocaine, Amphetamines (AMP/MAMP, Methamphetamine, MDMA). These drugs are listed in the Controlled Substances Act (CSA)…as Schedule I and Schedule II drugs, respectively. Schedule I drugs are substances, or chemicals defined as drugs with no currently accepted medical use and a high potential for abuse. They are considered the most dangerous of all the drug schedules and invite potentially severe psychological or physical dependence.”
Citing the Substance Abuse and Mental Health Services Administration’s (SAMHSA) Medical Review Officer Manual for Federal Agency Workplace Testing Programs, the USDA also made clear this policy applies equally whether marijuana is being used for recreational use or medical purposes:
“State initiatives and laws, which make available to an individual a variety of illicit drugs by a physician’s prescription or recommendation, do not make the use of these illicit drugs permissible under the Federal Drug-Free Workplace Program. These State initiatives and laws are inconsistent with Federal law and put the safety, health, and security of Federal works and the American public at risk. The use of any substance included in Schedule I of the CSA, whether for non-medical or ostensible medical purposes, is considered a violation of Federal law and the Federal Drug-Free Workplace Program.”
“The USDA’s stance on testing employees for marijuana use, regardless of the laws of the state in which they live, is unfortunate,” stated NORML Communications Director Erik Altieri, “Patients will be denied effective medicine and individuals will be denied civil liberties being given to their fellow state citizens. This situation highlights the fact that the existing, inherent conflict between state laws seeking to legalize and regulate cannabis for recreational or medical purposes and federal policy, which classifies the substance as illicit, are ultimately untenable. To resolve this conflict there must be a change in marijuana’s federal classification. Without such a change, we will consistently have a lack of clarity and ongoing conflict between public sentiment, state law, and federal policy.”
You can read the full USDA memo here.