NORML’s Weekly Legislative Round Up

January 2012 marks the beginning of a new legislative session in all 50 states. Already, marijuana law reform legislation is pending (or has been pre-filed) in over a dozen states. To keep up to date with what’s pending, and how you can support marijuana-friendly reform measures in your state, please visit NORML’s ‘Take Action Center’ here.

You can also stay abreast of 2012 statewide ballot initiative efforts, such as those ongoing in Colorado and elsewhere, via NORML’s Legalize 2012 Facebook page here.

Below is this week’s edition of NORML’s Weekly Legislative Round Up — where we spotlight specific examples of pending marijuana law reform legislation from 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. Get active; get NORML!

ALABAMA: The Michael Phillips Compassionate Care Act (HB 25) which seeks to enact legal protections for authorized medical marijuana patients, has been marked for reintroduction in the Alabama Legislature for the session starting on February 7th. It is currently assigned to the House Committee on Health. A separate medical cannabis bill, House Bill 66, has also been prefiled in the House and is also before to the House Committee on Health, while a third measure that seeks to reduce penalties on adult cannabis possession is anticipated to be introduced shortly. You can learn more about these efforts via NORML’s ‘Take Action Center’ here.

INDIANA: Senate lawmakers heard testimony on Tuesday, January 24, in favor of legislation, SB 347, to decriminalize marijuana possession penalties in Indiana. Lawmakers on Senate Committee on Corrections, Criminal, and Civil Matters did not vote on the measure. Therefore, there is still time for constituents to contact their Senate members and encourage them to support marijuana law reform. You can do so via NORML’s ‘Take Action Center’ here. A separate House measure, HB 1370, that seeks to legalize the use of cannabis for medicinal purposes, is pending before the House Committee on Public Policy.

KANSAS: House Bill 2330, which seeks to enact legal protections for authorized medical marijuana patients, was heard by the House Committee on Health and Human Services on Tuesday, January 24th. You can read media coverage of the hearing here and here. You can track the progress of this measure and contact your state elected officials regarding HB 2330 here.

NEW HAMPSHIRE: Members of the House Criminal Justice Committee heard testimony on Thursday, January 25, in favor of House Bill 1705, which seeks to allow adults age 21 or over to use marijuana legally in their home. The measure also seeks to establish a regulated cannabis market governing the wholesale production and sale of marijuana. Non-commercial transactions involving less than one ounce of cannabis would not be subject to state taxation or regulation under the measure. You can watch clips from the hearing here and you can contact your elected officials in support of the measure here.

The House Criminal Justice Committee is also scheduled to hear testimony this Thursday in favor of separate legislation, HB 1526, which seeks reduce the penalties on minor marijuana possession offenses (up to one ounce) from a criminal misdemeanor punishable by up to one year in jail and a $2,000 fine to a nominal monetary penalty of no more than $100.00. To contact your House representative regarding HB 1526, please visit NORML’s ‘Take Action Center’ here.

VIRGINIA: Legislation seeking to establish a joint study committee to investigate the fiscal impact of regulating the production and sale of marijuana to adults 21 and over is anticipated to be heard by the Virginia House Committee on Rules as soon as this Thursday. You can read NORML’s published op/eds in support of this measure here and here. To learn more about House Joint Resolution 140, please visit Virginia NORML or contact your state officials here.

New England Remains The Regional Leader In Pot Use — What The Northeast’s Affinity With Cannabis Says About The Viability Of Prohibition

The federal government has once again released its state-by-state estimate of self-reported licit and illicit substance use. You can download the full report here.

Once again, the northeast leads the nation in self-reported marijuana use in practically every measurable category.

Among states reporting ‘marijuana use in the past year among persons aged 12 and older,’ Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont all rank in the top percentile. (Alaska, California, Colorado, Hawaii, and Oregon round out the list.) Among states reporting ‘marijuana use in the past year among youths age 12 to 17,’ Connecticut, Massachusetts, New Hampshire, Rhode Island, and Vermont top the list (along with Alaska, Colorado, New Mexico, Nevada, and Oregon).

The totals in the category ‘marijuana use in the past year among persons age 18 to 25‘ is even more New England-centric, with every northeast state (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont) all included in the top percentile (along with Alaska, Colorado, New York, and Oregon). In the category, ‘marijuana use in the past month among persons age 26 or older‘ Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont top the list (along with Alaska, Colorado, Hawaii, and Oregon).

The findings are notable because they are consistent from previous years and provide plenty of fodder for combating numerous drug warrior myths and stereotypes (such as the notion that high rates of illicit drug use — yes, the New England states lead in this broader category too — are typically relegated to poorer, urban, more racially diverse areas).

They also call into question the notion that marijuana use among the general population is in any way influenced by the legal status of marijuana. State criminal penalties for cannabis vary widely across the New England states. For instance, Maine’s decriminalization law (possession of up to 2.5 ounces is a civil violation punishable by a $100 fine) is among the most liberal in the country. Conversely, New Hampshire (up to one year in jail) and Rhode Island (up to one year in jail and a six month driver’s license suspension) maintain relatively strict penalties. Yet regardless of state law, marijuana use remains similar throughout the region.

Likewise, nationally, Mississippi and Nebraska — which enjoy some of the most liberal marijuana laws (simple possession is a summons and a civil violation, respectively) — also rank among the lowest rates of self-reported cannabis use.

You can review the state-by-state maps for yourself here.

One final note, it should be noted that despite the prevalence of medical marijuana states in these rankings, the authors of the report acknowledge that there is no evidence that the implementation of medi-pot laws is increasing the use of cannabis or other illicit drugs. As noted in the study’s press release:

“Current illicit drug use dropped among adolescents aged 12 to 17 in 17 states between 2002-2003 and 2008-2009 — no increases in current illicit drug use occurred in any state in this age group over this time period.”

This is a point that NORML has made repeatedly, most recently in response to Drug Czar Gil Kerlikowske’s false claims. The Marijuana Policy Project also has a newly updated report thoroughly rebuking this claim here.

NORML’s Weekly Legislative Round Up

Marijuana law reform legislation is pending in over twenty states, and liberalization 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 the latest statewide votes and happenings relevant to marijuana law reform.

For a listing of all of the pending marijuana law reform proposals that NORML is tracking, please visit NORML’s ‘Take Action Center’ here. (For a map of pending legislation, please visit here.)

Connecticut: Lawmakers in the House and Senate heard testimony on Monday in favor of measures seeking to decriminalize and medicalize marijuana. A just-released statewide poll shows that voters overwhelmingly support both proposals, which have also been endorsed by the state’s leading newspaper. You can voice your support for these measures by clicking here and here.

Hawaii: Senate lawmakers last week approved a series of legislative proposals aimed at amending the state’s marijuana laws. Legislators unanimously approved SB 1460, which reduces 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 violation punishable by a fine of not more than $100. Regarding the medical use of marijuana, the Senate approved SB 1458, which allows for the state licensed production and distribution of medical cannabis and cannabis-infused therapeutic products. Senators also passed SB 58, which increases the quantity of marijuana that authorized patients may legally possess under state law. All three measures are now before House lawmakers for consideration. NORML has separate alerts for all three measures at our ‘Take Action Center’ here.

Montana: Members of the Senate Judicial Committee on Monday deadlocked 6 to 6 regarding House Bill 161, which sought to repeal that state’s six-year-old, voter-approved medical marijuana law. House representatives had previously voted, largely along party lines, 63 to 37 in favor of the repeal measure. Monday’s Senate vote does not kill the measure outright. Senators may still elect to reconsider the measure, or they may call for a ‘blast motion,’ which is a procedure that allows measures to bypass committee and be debated by the full chamber. NORML will keep you updated if there is an any future action taken regarding this draconian legislation.

New Hampshire: House lawmakers on Tuesday decided 221 to 96 in favor of legislation, HB 442, that seeks to allow for the state to license facilities to produce and distribute marijuana to qualified patients. The proposal now moves to the Senate. Lawmakers in House and Senate approved similar legislation in 2009, but it was vetoed by Democrat Gov. John Lynch. More information regarding this year’s effort is available from NORML here or from NHCompassion.org.

New Mexico: A New Mexico lawmaker has withdrawn legislation that sought to repeal the state’s four-year-old medical marijuana law. Newly elected Republican Gov. Susana Martinez said that she would have signed the measure, House Bill 593, had it reached her desk. The bill’s sponsor is now proposing a House Memorial bill that calls on lawmakers to study the state’s medical cannabis program.

Rhode Island: Lawmakers heard testimony today in favor of measures regarding the decriminalization and legalization of cannabis. You can learn more about both measures via NORML’s ‘Take Action Center’ here and here. In related news from the Ocean State, state regulators on Tuesday approved applications for the establishment of the state’s first three medical marijuana dispensaries. You can learn more about this story here.

Is New England The New Hotbed For Marijuana Law Reform?

The northeast has historically been a hotbed for marijuana use — with five of the six New England states self-reporting some of the highest percentages of marijuana consumption in the nation. But recently New England has also become a regional leader in marijuana law reform.

Lawmakers in every New England state are now debating marijuana law reform legislation. Here’s a closer look at what’s happening.

Connecticut: The nutmeg state is the only northeast state besides New Hampshire that has yet to enact some form of marijuana decriminalization or medicalization. But that drought may end this year. Weeks ago, newly elected Democrat Gov. Dan Malloy publicly affirmed his support for legislation that seeks to reduce minor marijuana possession to a noncriminal offense. Malloy endorsed reducing adult marijuana possession penalties from a criminal misdemeanor (punishable by one year in jail and a $1,000 fine) to an infraction, punishable by a nominal fine, no jail time, and no criminal record. Gov. Malloy has also spoken out in favor of legalizing the physician-authorized use of medical marijuana. (Similar legislation was passed by the legislature in 2007, but was vetoed by then-Gov. Jodi Rell.) You can contact your state elected officials in favor of both of these proposals here and here. You can also get involved with Connecticut NORML here.

Maine: Maine voters have twice approved ballot initiatives in recent years addressing the medical use and distribution of medical cannabis. And in 2009, Maine lawmakers increased the amount of marijuana that may be classified as a civil offense from 1.25 ounces to 2.5 ounces (the second highest threshold in the nation). This year state lawmakers have introduced a pair of bills, LD 754 and LD 750, to expand the state’s existing marijuana decriminalization law. LD 754 would amend existing law so that the adult possession of over 2.5 ounces but less than 5 ounces is classified as a civil violation. LD 750 would amend existing law so that the cultivation of up to six marijuana plants by an adult is also classified as a civil violation. Both measures have been referred to the Joint Committee Criminal Justice and Public Safety Committee. You can contact your lawmakers in support of these measures here. NORML is also working with state lawmakers regarding the introduction of separate legislation to legalize adult marijuana possession, production, and distribution. You can learn more about this pending legislation here.

Massachusetts: In 2008, a whopping 65 percent of voters in endorsed Question 2 decriminalizing the adult possession of an ounce or less of cannabis to a fine-only civil offense. Now a coalition of state lawmakers are backing House Bill 1371 to legalize and regulate adult marijuana production and sales in Massachusetts. You can watch a 60-minute discussion with the bill’s lead sponsor and supporter here. You can contact your state elected officials in support of HB 1371 here, or by visiting the Massachusetts Cannabis Reform Coalition/NORML here. You can learn about a separate state legislative effort to regulate the use of medical marijuana here.

New Hampshire: Lawmakers this week heard testimony in favor of House Bill 442, which legalizes the physician-supervised use of medical marijuana. (Similar legislation passed both the House and the Senate in 2009, but was vetoed by Governor John Lynch.) You can write your lawmakers in favor of HB 442 via NORML’s ‘Take Action Center’ here, or by contacting NHCompassion.org.

Rhode Island: In coming days, Rhode Island state regulators will become only the third in the nation to begin licensing medical marijuana dispensaries. A coalition of lawmakers is also debating the amending the state’s penalties for non-patients. House Bill 5031 amends state law so that the adult possession of up to one ounce of marijuana is reduced from a criminal misdemeanor (punishable by one year in jail and a $500 maximum fine) to a civil offense, punishable by a $150 fine, no jail time, and no criminal record. You can voice your support for HB 5031 by clicking here.

Vermont: Two separate marijuana law reform measures are pending before Vermont lawmakers. Senate Bill 17 proposes expanding the state’s medical marijuana law to permit the establishment of two nonprofit medical marijuana dispensaries in the state. You can learn more about this measure here. House Bill 427 amends state law so that the adult possession of up to one ounce of marijuana is reduced from a criminal misdemeanor (punishable by six months in jail and a $500 maximum fine) to a civil offense, punishable by a $150 fine, no jail time, and no criminal record. Passage of the measure, which has been endorsed by Democrat Governor Peter Shumlin, will allow state law enforcement to reallocate an estimated $700,000 annually in criminal justice resources. You can contact your House member in support of HB 427 here.

For up-to-date information on marijuana law reform measures pending in other states, please visit NORML’s ‘Take Action Center’ here.

NORML’s Weekly Legislative Update

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.

** Remember: 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.

Washington, DC: Members of the DC City Council voted unanimously today in favor of legislation (The Legalization of Marijuana for Medical Treatment Initiative Amendment Act 0f 2010) to establish medical marijuana dispensaries in the District of Columbia. The Council had given preliminary approval for the measure in April.

As approved, Health Department officials would regulate up to five facilities to dispense medical cannabis to authorized patients. Medical dispensaries would be limited to growing no more than 95 plants on site at any one time. Patients are expected to be able to obtain up to four ounces of dispensary-provided marijuana per month. Patients would not be permitted to privately cultivate their own supply of medicine. Low-income patients will be allowed to purchase medical marijuana at a greatly reduced cost under the plan.

The bill now goes to Mayor Adrian Fenty for his signature. Congress will then have 30 working days to either approve or reject the measure.

Additional information on this measure is available here and also from NORML’s ‘Take Action’ Center here.

Pennsylvania: Democrat Sen. Daylin Leach held a press conference today to mark the introduction of Senate Bill 1350, The Compassionate Use Act, which seeks to make Pennsylvania the fifteenth state to legalize the physician-supervised use of marijuana.

The bill is a companion bill to House Bill 1393, which awaits action by the House Health and Human Services Committee. (Read NORML’s testimony before the Committee here or watch video here.)

The measures would allow state-authorized patients to possess and cultivate cannabis for therapeutic purposes. The measures also seek to allow for the state-licensed distribution and sale of medical marijuana by authorized ‘compassion centers.’ Nearly 60 percent of Pennsylvanians support the measure according to a December 2009 Quinnipiac University poll.

To support this campaign, please contact Philly NORML or Pennsylvanians for Medical Marijuana, or visit NORML’s ‘Take Action Center’ here.

Illinois: House lawmakers may finally decide this week the fate of Senate Bill 1381, which seeks to regulate the physician-supervised use of medical marijuana. The measure was passed by the Senate in 2009 and is believed to be only one vote shy of majority support in the House. However, the 2009-2010 legislative session ends this Friday. If you live in Illinois, it is vital that you contact your House member today and urge him or her to end the prohibition of medical marijuana.

Tennessee: Members of the House Committee on Health and Human Resources unanimously voted last week to establish a task force to study the issue of legalizing medical marijuana, and to report back to the legislature with recommendations. While this outcome is not ideal for seriously ill individuals who desire immediate legal protections, the members’ action is a significant step forward in the campaign to ultimately provide legal and safe access to medical cannabis for authorized Tennessee patients.

NORML retained a state lobbyist this legislative session to represent the interests of our statewide affiliates, and to argue on behalf of legal access to medicinal cannabis. NORML and its affiliates will continue to actively lobby the legislature in 2011 and beyond in support of enacting common sense access and protections for Tennessee’s medical marijuana patient community.

New Hampshire: Members of the Senate have rejected, on a voice vote, House-backed legislation (House Bill 1653) that sought to decriminalize minor marijuana possession offenses. The Senate vote came almost a month after House lawmakers overwhelmingly (214 to 137) voted in favor of the measure, which would have reduced the penalties on minor marijuana possession offenses from a criminal misdemeanor punishable by up to one year in jail and a $2,000 fine to a nominal monetary penalty of no more than $200.00.

Although some Senators acknowledged their private support for decriminalization (Read NORML’s testimony here), several committee members said the veto threat from Democrat Gov. John Lynch “convinced them that pursuing the bill was a fool’s errand.”

Gov. Lynch last year vetoed legislation that sought to legalize the medical use of marijuana.

To learn about pending legislation in additional states — and how you can get involved, please visit NORML’s ‘Take Action’ Center here.