America’s One Million Legalized Marijuana Users

At Least 1 – 1.5 Million Americans are Legal Medical Marijuana Patients

Market for these patients in sixteen states and D.C. estimated at between $2 – $6 billion annually

MAY 31, 2011 - We don’t know his or her name, but somewhere in one of sixteen states and the District of Columbia is America’s 1,000,000th legal medical marijuana patient. We estimate the United States reached the million-patients mark sometime between the beginning of the year to when Arizona began issuing patient registry identification cards online in April 2011.

16 states, the Capitol, and ONE MILLION legal marijuana users.

Between one to one-and-a-half million people are legally authorized by their state to use marijuana in the United States, according to data compiled by NORML from state medical marijuana registries and patient estimates.  Assuming usage of one-half to one gram of cannabis medicine per day per patient and an average retail price of $320 per ounce, these legal consumers represent a $2.3 to $6.2 billion dollar market annually.

Based on state medical marijuana laws, the amounts of cannabis these legal marijuana users are entitled to possess means there is between 566 – 803 thousand pounds of legal usable cannabis allowed under state law in America.  These patients are allowed to cultivate between 17 – 24 million legal cannabis plants.  There may possibly be more, as California and New Mexico “limits” may be exceeded with doctor’s permission and some California counties explicitly allow greater amounts, so there may be as much as 1 million pounds of state-legal cannabis allowed under state law in America.

Yet after fifteen years, one million patients, and a million pounds of legal marijuana, few if any of the dire predictions by opponents of medical marijuana have come to fruition.  Medical marijuana states like Oregon are experiencing their lowest-ever rates of workplace fatalities, injuries, and accidents.  States like Colorado are experiencing their lowest rates in three decades of fatal crashes per million miles driven.  In medical marijuana states for which we have data (through Michigan in 2008), use by minor teenagers is down in all but Maine and down by at least 10% in states with the greatest proportion of their population using medical cannabis. (more…)

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.

NORML’s Weekly Legislative Round Up

Marijuana law reform legislation is pending in over twenty states, and progressive 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 pending marijuana law reform legislation 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.

MEDICAL MARIJUANA LAWS UNDER SIEGE IN MONTANA AND NEW MEXICO

Montana: As anticipated, on Monday members of House of Representatives gave final approval to HB 161, which would repeal the state’s existing medical cannabis law. The measure now goes before state senators, who are being targeted with anti-pot propaganda advertisements. Nevertheless, a new poll released this week of over 2,200 Montanans found that 63 percent of voters support allowing medical marijuana, and only 20 percent support current proposals to repeal the state’s compassionate medical marijuana law. Tell the Senate to uphold the will of the voters and to reject HB 161. You can contact your lawmakers via NORML’s ‘Take Action Center’ here, or by contacting Montana NORML. You can also visit our allies Patients and Families United on Facebook here for up-to-date information on pending hearings and votes.

New Mexico: House Bill 593, introduced by Santa Fe Republican James Smith, aims to completely repeal New Mexico’s existing medical marijuana law, which was initially approved by the legislature and the Governor in 2007. Presently, over 3,200 patients are using cannabis legally in compliance with state law. In addition, state officials have licensed some 25 facilities to produce or dispense medical cannabis. Reports of abuses regarding the use or distribution of medical cannabis as authorized by the law have been minimal. Nevertheless, Smith — who admits “I’m not a medical doctor, I don’t pretend to be.” – states that the law sends a mixed message to young people and that other alternative medications are available. House Bill 593 has been assigned to the House Consumer & Public Affairs Committee and awaits a scheduled hearing. Newly elected Republican Governor Susana Martinez, who recently stated that this issue would not be a legislative priority for her administration in 2011, now says that she will sign Smith’s bill if it reaches her desk. You can prevent that from happening by contacting your House member here and urging them to vote ‘no’ on repeal.

OTHER STATE ACTIVITY

Indiana: On Tuesday, February 22, the Senate voted 28 to 21 in favor of legislation, SB 192, to consider the impact of the state’s marijuana policies, including costs in the state’s criminal justice system and the potential for regulation and taxation options. The bill now goes to the House. You can read NORML’s testimony in support of SB 192 here. You can contact your member of the House in support of SB 192 here. You can track the progress of this effort on Facebook here.

Texas: On Tuesday, March 1, members of the House Criminal Jurisprudence Committee will hear testimony in favor of HB 548, which seeks to decriminalize marijuana possession offenses in Texas. The hearing is scheduled for 10:30am in room JHR 120 of the state capitol. To date, nearly 1,300 of you have contacted your House members in favor of HB 548 via NORML’s Take Action Center. Now show them that you support this effort by appearing before them in person. Join Texas NORML at next week’s hearing or track the progress of this bill online here.

Maryland: On Tuesday members of the House Judiciary Committee heard testimony from NORML representatives and others in favor of House Bill 606. House Bill 606 amends current 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 $1000 maximum fine) to a civil offense, punishable by a $100 fine, no jail time, and no criminal record. You can follow the progress of HB 606 on Facebook here. You can contact your House Delegate in support of the measure via NORML’s ‘Take Action Center’ here. Separate state legislation regarding the medical use of marijuana will be hard next week in the Maryland House and Senate. You can learn more about these measures here.

Connecticut: Newly elected Democrat Gov. Dan Malloy last week reaffirmed 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 also reaffirmed his support for legalizing the physician-authorized use of medical marijuana. 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.

West Virginia: Lawmakers will debate for the first time legislation, HB 3251, to legalize the use of medical marijuana in West Virginia. House Bill 3251, The Compassionate Use of Medical Marijuana Act, amends state law so that physician-supervised patients with an authorized “chronic or debilitating medical condition” can possess six plants and up to an ounce of usable marijuana for medical purposes. The measure also allows for the establishment “compassion centers” to dispense medical cannabis to qualified patients. You can contact your House members in support of this effort here.

To get involved in legislation pending in dozens of other states, please visit NORML’s ‘Take Action Center’ here.

Obama’s DEA Nominee Pledges To Ignore Administration’s Medical Marijuana Policy

It was a little over a year ago when the United States Department of Justice announced that it would back away from pursuing cases against medical marijuana patients and providers who are acting in accordance with state and local laws.

“As a general matter, pursuit of [federal law enforcement] priorities should not focus federal resources … on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana,” The DOJ announced on October 19, 2009. “For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources.”

Apparently Michelle Leonhart, President Obama’s nominee to direct the United States Drug Enforcement Administration, didn’t get the memo.

Speaking yesterday before the Senate Judiciary Committee, on day one of her Senate confirmation process, Leonhart pledged to ignore the administration’s formal medical marijuana guidelines.

Michele Leonhart one step closer to officially heading up the DEA
via The Daily Caller

[excerpt] Acting director Michele Leonhart is that much closer to officially heading up the Drug Enforcement Agency after successfully navigating a hearing with the Senate Judiciary Committee on Wednesday.

If confirmed to the position she’s already held for three years, Leonhart said she would expand the DEA’s anti-cartel operations in Mexico and continue to enforce federal drug laws in states where medical marijuana is legal.

… Perhaps due to the failure of Prop 19 in California (and despite the passage of medical marijuana in Arizona), Kohl, along with Democratic Sens. Sheldon Whitehouse of Rhode Island and Al Franken of Minnesota, made no mention of medical marijuana. Republican Sen. Jeff Sessions of Alabama, however, made it his prime focus.

“I’m a big fan of the DEA,” said Sessions, before asking Leonhart point blank if she would fight medical marijuana legalization.

“I have seen what marijuana use has done to young people, I have seen the abuse, I have seen what it’s done to families. It’s bad,” Leonhart said. “If confirmed as administrator, we would continue to enforce the federal drug laws.”

“These legalization efforts sound good to people,” Sessions quipped. “They say, ‘We could just end the problem of drugs if we could just make it legal.’ But any country that’s tried that, Alaska and other places have tried it, have failed. It does not work,” Sessions said.

“We need people who are willing to say that. Are you willing to say that?” Sessions asked Leonhart.

“Yes, I’ve said that, senator. You’re absolutely correct [about] the social costs from drug abuse, especially from marijuana,” Leonhart said. “Legalizers say it will help the Mexican cartel situation; it won’t. It will allow states to balance budgets; it won’t. No one is looking [at] the social costs of legalizing drugs.”

It is shocking to learn that not a single Senator who attended the hearing, in particular Democrat Sen. Sheldon Whitehouse from Rhode Island, had the courage to demand that Ms. Leonhart respect the laws of the 15 states that have legalized the use of marijuana as a medicine. In the case of Sen. Whitehouse, his own state is now in the process of licensing state-certified marijuana providers and distributors; yet he appears to have no problem with the idea of appointing a federal official who declares her intention to put his own constituents in federal prison.

It gets even more disturbing. In the days leading up to Wednesday’s initial confirmation hearing, a coalition of advocacy groups — including NORML, Americans for Safe Access, and others called on members of the Senate Judiciary to ask Ms. Leonhart tough questions regarding her public record, one that is incompatible with state laws, public opinion, and with the policies of this administration. Yet not a single Senator did so.

There is a growing divide between state and federal law concerning the use of marijuana for medical purposes, and it would only take members of the Senate — or Ms. Leonhart for that matter — a cursory scan of today’s google headlines to see it:

Prop 203 Passes: Medical Marijuana to Be Legal in Arizona
via CBS News

New Mexico approves six new medical marijuana producers
via The New Mexico Independent

Maine couple cleared to open marijuana clinic
via The Associated Press

DC revises medical marijuana regulations
via Comcast

As we’ve written before, as Interim DEA director, Ms. Leonhart has overseen dozens of federal raids on medical marijuana providers, producers, and laboratory facilities that engage in the testing of cannabis potency and quality. Yesterday Ms. Leonhart pledged to continue these actions — actions that violate this administration’s own written policies, and more importantly, actions that target the civilians of fifteen states and the District of Columbia. These people are the constituents of 30 percent of the U.S. Senate; yet not even one of these elected officials appears willing to speak up for them. That is disgraceful.

Want to write or call your Senator about Ms. Leonhart’s nomination process? You can still do so here and here.

Friday Morning Update — Voters Nationwide Decide Marijuana Law Reform Measures

[Friday morning update!] In California, voters decided 46 percent to 54 percent, against Prop. 19, which sought to legalize the adult possession of limited quantities of marijuana in private, and to allow for local governments to regulate its commercial production and retail distribution. The 46+ percent (3,471,308 million Californians) voting ‘yes’ on Prop. 19 marks the greatest percentage of citizen support ever recorded on a statewide marijuana legalization effort.

Commenting on the vote, NORML Deputy Director Paul Armentano said that marijuana legalization is no longer a matter of ‘if,’ but a matter of ‘when.’

“Social change doesn’t happen overnight, and in this case we are advocating for the repeal of a criminal policy that has existed for over 70 years federally and for nearly 100 years in California,” he said. “We are taking on the establishment and those who have vested interests in maintaining this longstanding failed policy. Yet, despite these odds, we have momentum and an unparalleled coalition of supporters – from law enforcement personnel, to civil rights groups, to organized labor, to lawyers, clergy, and public health professionals. In just a few short months, this campaign moved public opinion forward nationally, and led to the signing of historic legislation here in California that will end the arrest and prosecution of tens of thousands of minor marijuana offenders.”

He continued: “Throughout this campaign, even our opponents conceded that America’s present marijuana prohibition is a failure. They recognize that the question now isn’t ‘Should be legalize and regulate marijuana,’ but ‘How should we legalize and regulate marijuana?’”

He concluded: “In the near future there will be a slew of other states deciding on measures similar to Prop. 19 in their state houses and at the ballot box. And no doubt here in California, lawmakers in 2011 will once again be debating this issue, as will the voters in 2012.”

Backers of the measure have already announced plans for a similar campaign in 2012.

In Arizona, voters are narrowly against Proposition 203, the Arizona Medical Marijuana Act, which would permit state-registered patients to obtain cannabis legally from licensed facilities. But the gap is closing. As of Friday morning, the the race still remains too close to call, with Prop. 203 is trailing by less than 4,000 votes. With as many as 300,000 ballots and provisional ballots left to be counted, it could be several more days before election officials make an official decision. The proposal is sponsored by the Arizona Medical Marijuana Policy Project, an affiliate of the Marijuana Policy Project. Learn more about Proposition 203 here: http://stoparrestingpatients.org/home/.

In South Dakota, voters decided against Measure 13, the South Dakota Safe Access Act, which sought to exempt state criminal penalties for state-authorized patients who possessed marijuana. South Dakota voters had previously rejected a similar proposal in 2006. It is the only state where voters have ever decided against a medical marijuana legalization initiative.

In Oregon, voters decided against Measure 74, The Oregon Regulate Medical Marijuana Supply System Act of 2010, which sought to create state-licensed not-for-profit facilities to assist in the production and distribution of marijuana to qualified patients. Oregon voters initially authorized the physician-authorized use of marijuana in 1998. Several states, including Colorado, New Mexico, and Maine, have enacted statewide regulations licensing the production and dispensing of medical cannabis.

In other election developments that are pertinent to marijuana law reformers, California Democrat Kamala Harris is still narrowly leading Republican Steven Cooley for the office of state Attorney General. As of Friday morning, Harris is leading Cooley by less than one tenth of one percentage point (some 9,000 total votes) with 100 percent of precincts reporting. Yet with over two million ballots still left to count, The L.A. Times today reports, “With such a slim gap, the race for California’s top law enforcement office remained too close to call, and a clear winner may not emerge for days or even weeks.” Cooley is opposed by many marijuana reform organizations, including Americans for Safe Access, for his public opposition to medical marijuana, and his contention that any retail sale of medical cannabis is in violation of state law.

Also, in California, voters approved citywide ordinances in Albany (Measure Q), Berkeley (Measure S), La Puente (Prop. M), Oakland (Measure V), Rancho Cordova (Measure O), Richmond, Sacramento (Measure C), San Jose (Measure U), Stockton (Measure I) to impose new taxes on medical marijuana sales and/or production and businesses licenses. California NORML, along with several other reform groups, specifically opposed the Rancho Cordova measure as an excessive penalty on medical cannabis growers. Groups were divided in their support of many of the other local proposals.

Voters in Berkeley also approved a separate ordinance (Measure T) to permit a fourth medical marijuana dispensary in the city and reconstitute the city’s Medical Marijuana Commission Voters in Morro Bay and Santa Barbara rejected proposed municipal bans on dispensaries.

New Mexico voters elected Republican Susan Martinez to be the state’s next Governor. While campaigning for the office, Martinez voiced opposition to the state’s medical cannabis law, which since 2007 has allowed the state Department of Health to authorize medical marijuana users and third party, not-for-profit providers.

In Vermont, Democrat Peter Shumlin narrowly leads in the Governor’s race, with 91 percent of precincts reporting. While serving as state senator, Shumlin has been an advocate for both medical marijuana and decriminalization.

Connecticut voters have narrowly elected Democrat Dan Malloy for Governor. However, as of Friday morning, his Republican challenger Tom Foley appears ready to legally challenge the vote count. Malloy reportedly supports decriminalizing marijuana for adults, and also supports the legalization of medical cannabis. Malloy’s predecessor, Republican M. Jodi Rell, vetoed legislation in 2007 that would have allowed for the legal use of marijuana by those authorized by their physician.

In Massachusetts, voters in over 70 cities and towns decided favorably on non-binding public policy questions regarding the taxation of the adult use of marijuana and the legalization of the physician-supervised use of medical cannabis. Approximately 13 percent of the state’s registered voters weighed in on the questions.

Finally, Dane County (Madison), Wisconsin voters resoundingly backed a non-binding local initiative that asked, “Should the Wisconsin Legislature enact legislation allowing residents with debilitating medical conditions to acquire and possess marijuana for medical purposes if supported by their physician?” Seventy-five percent of voters decided ‘yes’ on the measure. In recent years, Wisconsin has been a highly contested battleground state in the fight for medical cannabis access.