NORML’s Weekly Legislative Round Up

Below is this week’s summary of pending state legislation and tips on how you can become involved in changing the marijuana laws in your state.

Montana: Legislative hearings were held this week on a pair of bills related to the medicinal use of marijuana. On Tuesday, members of the Senate Judiciary Committee heard testimony regarding Senate Bill 212, which seeks to impose a lifetime ban on qualified medical cannabis patients who commit certain driving indiscretions. NORML opposes this effort and is working closely with Montana Patients & Families United to derail this measure. Committee members are expected to vote on SB 212 as early as tomorrow morning (Friday, January 23), but you still have time to urge lawmakers to vote ‘no’ by visiting here.

On a more positive note, Montana’s House Human Services Committee is expected to vote by next Wednesday (January 28) on House Bill 73, which will allow patients greater access to medical cannabis. You can contact the Committee and urge their support for this common sense proposal here.

Minnesota: Senate File 97, an act to exempt qualified medical cannabis patients from state arrest and prosecution, has been referred to the Health, Housing, and Family Security Committee. Last year, a similar measure gained strong legislative support, but was tabled after last-minute opposition from the Governor. You can voice your support for this year’s proposal by visiting here and here.

New Mexico: The New Mexico Department of Health finalized rules last week governing the production, distribution, and use of medicinal cannabis under state law. The new guidelines specify that state qualified patients may possess up to six ounces of medical cannabis (or more if authorized by their physician) and/or 16 plants (four mature, 12 immature) in accordance with state law. State regulations also authorize non-profit facilities to apply with the state to produce and dispense medical cannabis. State licensed producers may grow up to 95 mature plants at one time. New Mexico is the first state to codify rules for the state-licensed production of medical cannabis by not-for-profit organizations.

NORML’s Weekly Legislative Round Up

Below is this week’s summary of pending state legislation and tips on how you can become involved in changing the marijuana laws in your state.

Washington: A dozen lawmakers introduced legislation (HB 1177) this week to reclassifying (read: decriminalize) the possession of up to forty grams of marijuana to a class 2 civil infraction. Passage of this bill would reduce the penalties on minor marijuana possession offenses from a criminal misdemeanor punishable by up to 90 days in jail and a $500 fine to a monetary penalty of no more than $100. According to data provided by the Washington State Institute for Public Policy, enacting this policy would save state taxpayers over $7.5 million annually. Residents in Washington are strongly encouraged to contact their House members in support of HB 1177 via NORML’s online advocacy system.

Montana: There has been a flurry of legislative activity this week pertaining to the medical use of marijuana. First the good news. House Bill 73, an act to revise the state’s medical marijuana law, has been referred to the House Human Services Committee. If passed, this proposal would benefit Montana patients by expanding the pool of health care providers who may legally recommend marijuana therapy under state law to include physician assistants and nurse practitioners.

Now the bad news. Senate Bill 212, an act to impose a lifetime ban on qualified medical cannabis patients who commit certain driving indiscretions, has been referred to the Senate Judiciary Committee. If passed, this proposal would sanction patients found to be operating a motor vehicle with even trace levels of THC (above 1 ng/ml) in their blood by disqualifying them for life from the state’s medical marijuana program.

Both measures will be heard by legislators next week. It is important that lawmakers hear from you. If you live in Montana, you can show your support HB 73 by going here. You can voice your opposition to SB 212 by going here. For more information on attending next week’s hearings, please contact: info@mtmjpatients.org.

New Jersey: In the coming weeks, the Senate is expected to vote on Senate Bill 119, the New Jersey Compassionate Use Medical Marijuana Act, which seeks to make New Jersey the fourteenth state to allow for the physician-supervised use of medicinal cannabis. Governor Jon Corzine backs the measure, as do many of the state’s largest newspapers. Residents in New Jersey are strongly encouraged to contact their senators in support of SB 119 via NORML’s online advocacy system.

Missouri: Ten lawmakers have introduced legislation (HB 277) to legalize the medical use of marijuana in Missouri. If passed, this measure would “give medical marijuana patients the same rights as other pharmaceutically medicated individuals.” You can learn more about the measure via NORML’s online advocacy system.

The Law Is The Law Is The Law: What Part Of This Concept Don’t Cops Understand?

On election day 2008, 63 percent of Michigan voters approved Proposal 1, legalizing the possession, cultivation, and use of cannabis by qualified patients. Over three million voters decide ‘yes’ on the measure, which won in all of the state’s 83 counties.

As of December 4, 2008, Proposal 1 is now Michigan state law. But don’t tell that to Muskegon County Sheriff Dean Roesler, who recently told reporters, “We’re just not sure how it’s going to shake out. … It’s going to be business as usual until we’re told different.”

Actually, sir, you have been “told different.” (Well, “told differently” were the Sheriff to use proper grammar.) Three million of Michigan voters, the folks you are sworn to ‘protect and serve,’ definitively told you: Medical marijuana is legal in Michigan. Like it or not, the law — you know the rules you’re sworn to uphold — says so.

Meanwhile, police officials in Massachusetts — where 65 percent of voters approved legislation reducing penalties for the possession of up to one ounce of pot to a civil infraction — are also feigning ignorance.

Confusion cited over marijuana law
via The Republican

Agawam Police Chief Robert D. Campbell said there is a tremendous amount of confusion about the law.

He said he had no information on how to issue fines or write citations. He said he is unsure who would conduct hearings on appeals of citations for marijuana possession. “Somebody has to come up with a mechanism,” the chief said.

If you listen closely you may be able to hear the world’s smallest violin playing just for Police Chief Campbell. Seriously, Massachusetts cops write citations for other offenses that the state defines as infractions, right? I mean, this is not a new concept in policing is it? And really, if these cops and District Attorneys are so ‘confused,’ why don’t any of them take a moment to actually read the new law? All they have to do is log on to the Internet and go here.

Finally, there’s this related news story from Missoula, Montana. As you may recall, in 2006 53 percent of county voters approved a law recommending police to make the enforcement of marijuana possession laws their ‘lowest priority.’ Fat chance.

Missoula Marijuana Arrests Up, Report Suggests
via New West Missoula

A report released Wednesday suggests a jump in marijuana offenses in Missoula County compared to last year, despite the passage in 2006 of Initiative 2, the “marijuana initiative,” which made adult misdemeanor marijuana offenses the County’s lowest law enforcement priority.

Marijuana incidents in the City of Missoula, the County and on the University of Montana campus are up 27 percent, the report estimates; 63 percent in the city alone.

The numbers are stark enough for the Community Oversight Committee that compiled the report (PDF) to conclude: “The voters’ recommendation is apparently being ignored by most of the officials in a position to heed it.”

Just a few points to ponder next time you hear your local sheriff claiming, “We don’t make the laws; we just enforce them.” Now please pardon me while I go throw up.