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.

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.

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.

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.

** 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.

** 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 make the changes they want to see. We can’t do it without you.

Washington: House and Senate lawmakers gave final approval last week to legislation expanding the state’s medical marijuana law. Senate Bill 5798 will allow additional health care professionals – including naturopaths, physician’s assistants, osteopathic physicians, osteopathic physicians assistants, and advanced registered nurse practitioners – to legally recommend marijuana therapy to their patients. Under present law, only licensed physicians may legally recommend medicinal cannabis. Washington lawmakers are the first legislators to codify these expanded recommendation rights into law. The measure now goes before Democrat Governor Christine Gregoire for final approval. Contact information for Gov. Gregoire is available from NORML’s ‘Take Action Center’ here.

New Hampshire: House lawmakers voted 214 to 137 last week in favor of House Bill 1653, which would amend penalties for possession of marijuana from a criminal misdemeanor to a civil infraction. The vote prompted Democrat Gov. John Lynch to threaten to veto the legislation if it reaches his desk. New Hampshire residents are encouraged to contact their members of the Senator and the Governor in support of this measure by visiting NORML’s ‘Take Action Center’ here.

Hawaii: Members of the House Public Safety Committee and the Public Health Committee last week approved Senate Bill 2213, which would allow for the establishment of licensed ‘compassion centers’ to engage in the controlled production and distribution of cannabis to state-authorized patients. The Senate had previously approved the measure by a 20 to 1 vote. The bill now awaits action from the House Judiciary Committee. You can read NORML’s testimony in favor of the bill here. Senate lawmakers previously approved a separate marijuana decriminalization proposal, SB 2450, which also awaits action from the House.

Kansas: Members of the House Committee on Health and Human Services will hold an informational hearing tomorrow on House Bill 2610, which seeks to legalize the medical use of marijuana to authorized patients. NORML representatives will be testifying at tomorrow’s hearing and have also provided written testimony to the Committee.

Tennessee: State lawmakers will be holding a pair of hearings this week and next week regarding the Safe Access to Medical Cannabis Act. NORML has retained a state lobbyist to represent the interests of our statewide affiliates, and will be taking a lead role in the upcoming hearings.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.

** 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 make the changes they want to see. We can’t do it without you.

Hawaii: Senate lawmakers approved a series of bills last week that seek to reform the state’s marijuana laws. Senators voted unopposed in favor of SB 2450, which seeks to reduce penalties for 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 offense. You can read NORML’s recent commentary and testimony in favor of this measure here and here. You can voice your support for the measure here.

Senators this week also approved Senate Bill 2141, an act to increase the quantities of medical marijuana that a patient may legally possess under state law to ten plants and five ounces at any given time. Lawmakers approved the proposal by a 24 to 1 vote. Lawmakers also voted in favor of SB 2213, which would establish ‘compassion centers’ to provide medical marijuana to authorized patients. All three measures are now before the House for consideration. You can learn more about these proposals here.

Washington: House lawmakers on Wednesday, March 3, voted 58 – 40 in favor of an amended version of Senate Bill 5798, which would expand the state’s nearly twelve-year-old medical marijuana law. Because the House made minor amendments to the bill, it now must be re-approved by the Senate — who previously had 37 to 11 in favor of the bill in February. If enacted, SB 5798 will allow additional health care professionals – including naturopaths, physician’s assistants, osteopathic physicians, and advanced registered nurse practitioners – to legally recommend marijuana therapy to their patients. Under present law, only licensed physicians may legally recommend medicinal cannabis. To learn more about this measure, please visit NORML’s ‘Take Action’ Center here.

Rhode Island: House lawmakers this week for the first time introduced legislation to legalize the production, distribution, and personal use of marijuana for adults age 21 and older. As introduced, House Bill 7838: The Taxation and Regulation of Marijuana Act, would exempt adults from any statewide criminal or civil penalty for the possession of up to one ounce of marijuana, engaging in the not-for-profit transfer of small amounts of marijuana, and/or the cultivation of up to three marijuana plants. The proposal also establishes licensing requirements for the commercial cultivation and distribution of marijuana via retail facilities. The measure states that “at least one” marijuana retailer shall exist per county within one year following the passage of this act. To learn how you can support this act, please visit here.

New Hampshire: Next Wednesday, March 10, House lawmakers are scheduled to vote on House Bill 1653, which would amend penalties for possession of marijuana from a criminal misdemeanor, punishable by up to one year in jail and a $2,000 fine, to a civil offense punishable by no more than $200.00. Members of the House Criminal Justice and Public Safety Committee previously voted 16 to 2 in favor of passing the bill, and NORML anticipates that House lawmakers will do the same. However, Democrat Gov. John Lynch has threatened to veto the measure. Contact information and talking points for Gov. Lynch may be found at NORML’s ‘Take Action Center’ here.

Massachusetts: The Joint Committee on Judiciary held a hearing on Tuesday to debate SB 1801, which seeks to “regulate and tax the cannabis industry” in Massachusetts. You can watch video from the hearing here, and you can contact your state elected officials in support of the measure here.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.

Marijuana Law Reform in 2010 (March Update)

With New Jersey recently becoming the 14th medical marijuana state, activists in marijuana law reform have been celebrating. After all, over 82 million Americans now live in states where medical use of marijuana is legal – that’s 27% of the US population! Last election, Massachusetts became the 13th decriminalization state, which means over 107 million Americans live in a state where possession of small personal amounts of marijuana no longer merit an arrest – that’s 35% of the US population.

Population of States with Medical Marijuana Laws

Population of States that have Decriminalized Marijuana

However, after watching fourteen years of marijuana activism focused solely on those who use cannabis for medicine, I must warn activists that medical marijuana is not getting any better and the time for re-legalization of cannabis for all adults – even the healthy ones – is now.

Comparison of five core rights found in existing medical marijuana law

California legalized medical marijuana in 1996. That initiative, Prop-215, established what is clearly the most liberal medical marijuana statute to date:

• A doctor can recommend for any condition;
• You needn’t have a “bona fide” doctor/patient relationship;
• Dispensaries are allowed;
• Self cultivation is allowed;
• Patients are protected from arrest.

Comparison of plant and possession limits and qualifying conditions in medical marijuana law

If we consider these five attributes of the law the baseline, then in the past fourteen years, all thirteen medical marijuana states that have followed have failed to achieve all five. Eight states only offer three or four of those liberties and the rest offer two or only one. Most disturbingly, the right of patients to grow their own medicine (or have a caregiver do it for them), which has been a bedrock principle in medical marijuana law, was taken away from patients in the most recent medical marijuana state, New Jersey. Bills that were considered but vetoed in 2009 in Minnesota and New Hampshire, and those moving forward in New York, Pennsylvania, as well as an initiative in Arizona, all sacrifice this core right.

New Jersey - The (No Medical Marijuana) Garden State

A comparison of plant and possession limits also shows the decline from the original starting point in California, where 12 plants and 8 ounces are allowed. Oregon and Washington passed their laws next and have the highest statutory limits: 24 plants and 24 ounces in Oregon and 15 plants and 24 ounces in Washington. (To be fair, all the West Coast states started with lower limits or more vague limits that were modified by the legislature.) But since then, only one state has allowed more than 3 ounces (New Mexico with 6 ounces) and average number of plants allowed is a little less than ten.

The "Big 8" Conditions for which marijuana is recommended in the states

Another decline in medical marijuana freedom appears when we look at the conditions for which medical marijuana protection is afforded in the various states. There are eight conditions which could be considered the “standard” ones: cancer; HIV/AIDS; seizure disorders, like epilepsy; spastic disorders, like multiple sclerosis; glaucoma; chronic nausea; cachexia; and chronic pain. Most medical marijuana states recognize all eight conditions; a couple (Vermont and Rhode Island) recognize seven of eight.

Other conditions recognized in state medical marijuana laws (not a complete list)

The latest law in New Jersey, however, eliminated chronic pain, chronic nausea, and cachexia, making it the most restrictive list in the nation. The bill proposed but vetoed in New Hampshire required one to try all other remedies for chronic pain before trying medical marijuana. The vetoed Minnesota bill wouldn’t even allow cancer and HIV/AIDS patients to use medical marijuana unless they could show they were terminal (about to die). The lists in the latest proposed bills continue to become more restricted.

Until we do have legalization for all, every medical marijuana law is going to fail to adequately serve all medical users and subject them to increasing restriction and scrutiny. Additionally, medical marijuana laws make patients an attractive target for criminals because prohibition maintains huge profits for stolen medical cannabis, as well as becoming targets for overzealous anti-marijuana cops and prosecutors.

The reason the recent medical marijuana laws are losing ground is not a failure of the medical marijuana strategy, but rather due to its success. Medical marijuana has portrayed the herb as “powerful and effective medicine”. Well, what do we do with powerful and effective medicines? We keep them under lock and key. We require people to visit doctors. We strictly monitor prescription pads. We bust people who have them without proper papers.

Rather than justifying the prohibitionists’ shibboleth of medical marijuana as “the camel’s nose under the tent” for legalization, I’m arguing it’s the opposite: that continuing the medical marijuana strategy further cements the “powerful and effective medicine” frame and takes us farther away from treating cannabis as a personal choice of relaxant. We’ll get to a point where the public accepts “powerful and effective cannabis medicine” and looks upon personal use like we look at someone getting fraudulent scrips for painkillers.

If one of the West Coast states doesn’t pull off legalization soon, the pendulum is going to swing back the other way on marijuana. The economic incentives may fade if the economy recovers and then the tax & regulate argument fizzles. And if we are going to continue working on medical marijuana, the bills and initiatives need to get better, not worse. The way it’s looking now is that the Northeast and upper Midwest are going to institute chronic conditions-only, 2 oz limit, strict registry, only personal doctor, no home grow, state-run dispensary medical marijuana for $15/gram in the next six years. How then do we approach those people and say, “Hey, you know that powerful and effective medical marijuana that you only let a few hundred really sick people use after jumping though a mile of hoops? We think everybody should have it and jump through no hoops!”

Medical marijuana would never have passed in any state if it were not for the votes of non-medical users of marijuana. I do believe it is time for medical marijuana patients in the states that have programs to “repay the favor” and fight as hard for legalization as social tokers fought for medical. Only patients can best make the argument that while prohibition exists, they will always face job discrimination, loss of child custody, high black market prices, housing discrimination, and the sneers of the Bill O’Reillys who think 99% of medical marijuana patients are faking. So long as the prohibition profit exists, there will always be these CBS Undercover investigations casting a pall on all legitimate medical marijuana because of the irresponsible acts of a few.

Maybe I’m just too much of a dreamer. I imagine acres and acres of hemp fields, huge indoor hydroponic cannabis warehouses, thriving cafes and coffeehouses, some folks growing their own in a garage or closet, regular outdoor festivals and special indoor events where cannabis smoking is permitted, buying and selling all varieties of cannabis from ounces at a farmer’s market to bulk bales at CostCo… and none of that is done with “powerful and effective medicines”.

I don’t think that it is reformer’s job to pass medical marijuana in all fifty states first and then worry about legalization in one. I think states that have medical should be moving forward on legalization, states without should focus on better medical laws by calling prohibitionists’ bluff on “marijuana outta control!” in the Western states with liberal medical laws.

** 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 make the changes they want to see. We can’t do it without you.

California: Democrat Assemblyman Tom Ammiano reintroduced legislation on Thursday that seeks to legalize the production, distribution, and personal use of marijuana for adults age 21 and older. Assembly Bill 2254, the Marijuana Control, Regulation, and Education Act of 2010, would enact regulations governing the commercial production and retail sale of marijuana for adults. The noncommercial cultivation of marijuana for personal use would not be subject to taxation under the proposal. In addition, AB 2254 would not alter existing legislation on the use of medicinal cannabis, nor would it impose new taxes or sanctions on the medical cultivation of cannabis.

In January, a previous version of this proposal (AB 390) was approved by the California Assembly, Committee on Public Safety. The vote was the first time since 1913 that lawmakers had called for the repeal of cannabis prohibition. Further votes on AB 390 did not take place because of calendar restraints. To learn more about AB 2254, please visit NORML’s ‘Take Action Center’ here or go to California NORML’s website here.

Washington: Senate lawmakers failed to act this week on Senate Bill 5615, which sought to reclassify minor marijuana possession offenses from a criminal misdemeanor to a fine-only civil infraction. Their inaction kills the bill for this legislative session.

In January, House lawmakers also rejected a proposal that sought to legalize and regulate marijuana production, sale, and use to those age 21 or older. Yet a January statewide poll of 500 adults found that a solid majority of Washington voters support legalizing marijuana. As a result, NORML Legal Committee member Douglas Hiatt, along with NORML Board Member Jeffrey Steinborn and others are petitioning to place the issue before state voters this November. To qualify for the ballot, organizers needs to turn in 241,153 valid signatures of registered voters to the Secretary of State’s Office on or before July 2. You can learn more about this effort here.

Washington, DC: Members of the DC City Council’s Committee on Health will hold their first hearing on implementing the District’s new medical marijuana law on Tuesday, February 23. Council members will hear testimony regarding B 18-622, the Legalization of Marijuana for Medical Treatment Initiative Amendment Act 0f 2010, which seeks to implement local regulations regarding the medical use and distribution of medical marijuana to qualified patients. Representatives from NORML will be in attendance and testifying on behalf of the measure. You can read NORML’s written testimony to the Committee here. If you wish to attend this hearing, please go here.

New Hampshire: House lawmakers will be spending part of their summer debating the merits of regulating adult marijuana use. In January members of the House Criminal Justice and Public Safety Committee heard testimony in favor of House Bill 1652, which sought to “allow [for] the purchase and use of marijuana by adults.” (Read NORML’s testimony to the Committee here.) On January 27, members of the Committee voted 16-2 on a motion to refer the bill to a special interim study committee. Members of the full House recently affirmed this amendment by a vote of 272 to 76, meaning that the Criminal Justice and Public Safety Committee will study the bill more thoroughly this summer, and it will issue recommendations for the following legislative session by November.

Iowa: On Wednesday, February 17, the Iowa Board of Pharmacy voted unanimously in favor of reclassifying marijuana as a medicine under state law. (Note, this vote does not legalize the medical use of marijuana in Iowa.)

However, despite this latest decision from the Board, as well as a just-released statewide poll indicating that 64 percent of Iowans back legalizing marijuana for medical purposes, news reports indicate that lawmakers are not yet supportive of House File 2179, which seeks to legalize the physician-supervised use of cannabis. If you live in Iowa, please take time to contact your lawmakers here.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here

** 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 make the changes they want to see. We can’t do it without you.

Washington: Senate lawmakers voted 37 to 11 in favor of Senate Bill 5798, which seeks to expand the state’s nearly twelve-year-old medical marijuana law. As approved, SB 5798 allows certain health care professionals – including naturopaths, physician’s assistants, osteopathic physicians, and advanced registered nurse practitioners – to legally recommend marijuana therapy to their patients. Under present law, only licensed physicians may legally recommend medicinal cannabis.

Senate Bill 5798 now awaits action from House lawmakers. The measure is scheduled to be heard by members of the House Committee on Health Care & Wellness on Thursday, February 18. You can contact members of the House in favor of the bill here.

New Hampshire: Members of the House Criminal Justice and Public Safety Committee voted 16 to 2 today in favor of House Bill 1653. As amended by the Committee, this proposal reduces the penalties for minor marijuana possession offenses (up to 1/4 of 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 $200.00 (and no criminal record). You can contact your member of the House and urge them to support HB 1653 by visiting NORML’s ‘Take Action Center’ here.

Washington, DC: Members of the DC City Council’s Committee on Health postponed their first hearing (scheduled for today) on implementing the District’s new medical marijuana law because of inclement weather. The hearing will likely be rescheduled for next week. (Check here for new date and time.) You can read NORML’s written testimony to the Committee here.

Tennessee: On Tuesday, February 16 from 9am-2pm, Tennessee NORML is hosting a legislative “Day on the Hill” at the capitol in Nashville to lobby on behalf of the the Tennessee Safe Access to Medical Cannabis Act. To participate in this event and show your support for medical marijuana law reform in Tennessee, please visit here.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.