NORML’s Weekly Legislative Update

Lawmakers around the country are debating a record number of marijuana law reform bills in 2010. 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.

** 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.

NORML’s Weekly Legislative Update

Lawmakers around the country are debating a record number of marijuana law reform bills in 2010. 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.

** 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.

Medical marijuana’s not getting any better – the time for RE-legalization is NOW!

Author’s update: the graphics in the post below have been updated to correct some minor mistakes, such as dated information that left out Rhode Island and Maine’s dispensaries and Oregon’s recent acceptance of Alzheimer’s agitation as a qualifying condition. Also, I have outlined Oregon’s attempt at legalization through the OCTA petition as it could be reasonably said to be as far along or farther along than Washington’s I-1068. I regret my errors.

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.

(more…)

NORML’s Weekly Legislative Update

Lawmakers around the country are debating a record number of marijuana law reform bills in 2010. 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.

** 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

NORML’s Weekly Legislative Update

Lawmakers around the country are debating a record number of marijuana law reform bills in 2010. 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.

** 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.