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Oklahoma

  • by NORML January 11, 2018

    Oklahoma City: The National Organization for the Reform of Marijuana Laws (NORML) is proud to endorse Oklahoma’s State Question 788 — a statewide ballot measure that provides patients regulated access to medical cannabis. SQ 788 is a patient-centric plan that empowers physicians to use their discretion when determining their patient’s ideal health care plan.

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    Oklahomans will go to vote on the measure on June 26.

    “We’re excited to offer NORML’s support to the Vote Yes On 788 campaign,” said NORML Outreach Director Kevin Mahmalji. “Together, we will build a broad-based coalition to ensure that lawmakers do not unduly interfere with the bonafide doctor-patient relationship, and that patients are no longer subject to arrest for accessing or growing this important medicine.”

    State Question 788 also establishes a licensed system of medical cannabis distribution.

    “State Question 788 was designed to make Oklahoma the most patient-oriented and business friendly state for the medical marijuana industry. SQ 788 will create jobs, sorely needed tax revenue, and possesse a number of patient protections that simply don’t exist in other states with similar laws,” said William Jones, campaign manager for the Vote Yes On 788 campaign.

    Under the plan, licensed medical marijuana patients may cultivate up to six mature plants, and may possess personal use quantities of marijuana flower, edibles, or infused concentrates. Statewide polling data finds that over 70 percent of residents endorse patients’ access to medical marijuana.

    “Recent nationwide polling shows 94 percent of US adults expressed their support for the legalization of medical marijuana, similarly the vast majority of Oklahomans are ready for a new direction. Regardless of the increasingly hostile from Attorney General Jeff Sessions, voters in Oklahoma and throughout the country will continue to support common sense marijuana law reforms over the failed policies of prohibition,” said NORML Outreach Director Kevin Mahmalji.

    Between now and June 26, representatives with the Vote Yes On 788 campaign will be traveling statewide and meeting face-to-face with voters. NORML will also be focusing its resources in the coming months to support these campaign efforts.

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    To follow the Yes on 788 campaign, click here. To donate to the campaign, click here.

    More details on SQ 788:

    Licenses would cost $100 and expire after two years. Those that are recipients of Medicaid, Medicare, or SoonerCare would pay $20 for a license. An individual 18 years or older who wants to obtain a medical marijuana license would need a board-certified physician’s signature and an individual under the age of 18 would need the signatures of two physicians and his or her parent or legal guardian. SQ 788 does not list specific qualifying conditions, thus giving more discretion to licensed physicians to determine wellness plans with their patients.

    3410000930_95fc2866fa_zUnder this initiative, employers, landlords, and schools are forbidden from penalizing persons for holding a medical marijuana license, unless failing to do so causes a loss of benefits under federal law or the license-holders possess or use marijuana while at work.

    Individuals possessing a medical marijuana license would be authorized to consume marijuana and possess up to three ounces, six mature and six seedling marijuana plants, up to one ounce of concentrated marijuana, up to 72 ounces of edible marijuana, and up to eight ounces of marijuana in their residences. However, possessing up to 1.5 ounces of marijuana without a license but with a medical condition would be deemed a misdemeanor.

    For additional information, contact NORML’s Outreach Director Kevin Mahmalji at: KevinM@norml.org.

  • by Paul Armentano, NORML Deputy Director January 5, 2018

    3410000930_95fc2866fa_zOklahoma voters will decide this June on State Question 788 — a statewide ballot measure legalizing the use, cultivation, and distribution of medical cannabis to qualified patients.

    Oklahomans will vote on the issue on June 26 during the primary election. Republican Mary Fallin set the date via an executive proclamation, issued yesterday.

    State Question 788 permits physicians to recommend cannabis therapy to patients at their discretion. Patients possessing a state-issued medical license are permitted to engage in cannabis possession or cultivation, or they purchase marijuana products from a licensed dispensary.

    Initiative proponents gathered sufficient signatures to place the issue before voters in 2016. However, the vote was postponed because of litigation over contested ballot title language. In a 7 to 1 ruling in April, justices rejected the state attorney general’s rewording of the initiative’s ballot title, which proponents had argued was purposely misleading, and ordered that the measure’s initial language be restored.

    Under Oklahoma law, the cultivation or distribution of cannabis is classified as a felony offense punishable by up to life in prison.

    Proponents of separate statewide medical cannabis initiatives are gathering signatures in Missouri and Utah. Proponents of a medical marijuana initiative in South Dakota have turned in their signatures and are awaiting a review by the Secretary of State’s office. In November, proponents of a voter initiative effort to legalize and regulate the personal use and retail sale of cannabis in Michigan turned in more than 360,000 signatures in an effort to qualify the measure for the November 2018 ballot.

  • by Danielle Keane, NORML Associate September 2, 2016

    thumbs_upIn this week’s Round Up we’ll update you regarding the status of a number of state and local ballot measures, and we’ll also highlight new legislation signed into law this week in Delaware. Plus we’ll give you the details on the latest Governor to endorse marijuana decriminalization. Keep reading below to get this week’s news in marijuana law reform!

    State:

    Arizona: The Supreme Court this week rejected a lawsuit that sought to prohibit Proposition 205, the Arizona Regulation and Taxation of Marijuana Act, from going before voters this November. The Act allows adults twenty-one years of age and older to possess and grow specified amounts of marijuana (up to one ounce of marijuana flower, up to five grams of marijuana concentrate, and/or the harvest from up to six plants). It creates a system for licensed businesses to produce and sell marijuana and establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana.

    Voters in four additional states, California, Maine, Massachusetts, and Nevada, will also be deciding on similar adult use initiatives on Election Day.

    Arkansas: The Secretary of State’s office this week certified that a competing medical marijuana initiative, the Arkansas Medical Marijuana Amendment, will also appear on the electoral ballot in November. Unlike Issue 7, The Arkansas Medical Cannabis Act, this second initiative does not include provisions allowing eligible patients to cultivate their own cannabis at home.

    Statewide polling reports greater public support for the Medical Cannabis Act. Under state law, if voters approve both measures the one that receives the greatest number of votes will become law.

    Voters in three additional states, Florida, North Dakota, and Montana, will decide on similar medical use measures in November. In Missouri, campaigners are litigating to ask the courts to review signature totals in the state’s second Congressional district.

    Colorado: A municipal initiative effort that sought to permit for the adult use of marijuana in licensed establishments failed to qualify for the November ballot. The Responsible Use Denver initiative, backed by Denver NORML, needed 4,726 signatures to qualify for inclusion on November ballot. The campaign submitted more than 7,500 signatures, but just 2,987 were verified as eligible by the Denver Elections Division. The Campaign posted: “We are sad to report that our language did not make the November ballot. We plan to continue pushing the conversation with the city of Denver. Our opinion remains the same, that we have what we feel is the best solution for the city of Denver. Thank you to everyone that has supported us on this journey.” City officials did confirm that a separate municipal initiative seeking to establish a ‘Neighborhood-Supported Cannabis Consumption Pilot Program’ will appear on November’s ballot.

    pills_v_potDelaware: Governor Jack Markell signed legislation into law this week permitting terminally ill patients to access medical cannabis. House Bill 400 (aka ‘Bob’s bill’) permits physicians to recommend cannabis therapy to terminally ill adults. It also permits those under 18 to access CBD products if they are suffering from “pain, anxiety, or depression” related to a terminal illness.

    The new law takes effect at the end of November.

    Oklahoma: State Question 788, a statewide initiative to establish a state-licensing system to permit eligible patients to possess and cultivate personal use quantities of cannabis for therapeutic purposes, is unlikely to appear on the 2016 electoral ballot. Although the Secretary of State has certified that initiative proponents collected sufficient signatures, proponents are now challenging the attorney general’s rewording of the ballot title. The legal challenge could force the issue to be decided in a special election. Updated information regarding this initiative campaign may be found on NORML’s 2016 initiatives page.

    Pennsylvania: Governor Tom Wolf expressed support for marijuana decriminalization this week stating, “too many people are going to prison because of the use of very modest amounts or carrying modest amounts of marijuana, and that is clogging up our prisons, it’s destroying families, and it’s hurting our economy.”

    Marijuana decriminalization legislation, House Bill 2076, is currently pending before members of the House Judiciary committee. The legislation would amend the state’s controlled substances act so that minor marijuana possession offenses are considered a non-criminal offense. Contact your state House members and urge them to support this common sense legislation. #TakeAction

    Tennessee: Members of the Nashville Metro Council voted 32 to 4 to approve legislation to lessen local marijuana possession penalties. The proposal amends penalties for the possession of or exchanging of up to one-half ounce of marijuana to a $50 civil penalty or 10 hours of community service. The vote was the first of three the bill will receive; it is the first time a marijuana decriminalization measure was considered by the legislative body.

    Under current state law, individuals convicted of possession of less than one ounce of marijuana face a misdemeanor charge that is punishable of up to one year in jail and a $2,500 fine. If you live in Nashville, consider contacting your Council member and urging them to support this common sense measure.

  • by Danielle Keane, NORML Associate May 20, 2016

    map_leafThis was a huge week for marijuana law reform. Congress voted for the first time to expand medical cannabis access to military veterans, and Governors in numerous states signed cannabis legalization and depenalization measures into law. Keeping reading to get the latest news and to learn what you can do to take action.

    Federal:

    Members of the US House and Senate voted yesterday for the first time to expand military veterans’ access to medicinal cannabis in states that allow it. House members voted 233 to 189 last week in favor of the Veterans Equal Access Amendment. The amendment, offered by Rep. Blumenauer (D-OR) to the Fiscal Year 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations bill, prohibits the federal government from sanctioning V.A. physicians who wish to recommend cannabis therapy to their patients. Members of the US Senate Appropriations Committee previously voted in April in favor of a similar provision and the full Senate also signed off on their version of the bill yesterday. The House and Senate versions of FY 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations now await a concurrence vote prior to being sent to the President.

    State:

    Colorado: House and Senate lawmakers have overwhelmingly approved legislation, House Bill 1373, to permit qualified patients access to the use formulations of medical cannabis while on school grounds. The measure now awaits action by Gov. John Hickenlooper, who indicated that he would sign the bill into law. Once enacted, a primary caregiver may administer non-inhalable formulations of medical cannabis to a qualifying patient while that patient is on the grounds of a pre-school, primary, or secondary school in which the student is enrolled. Medical marijuana patients may not be denied eligibility to attend school because of their cannabis use.

    Connecticut: Democrat Gov. Dannel Malloy this week signed legislation expanding patients’ access to the state’s medicinal cannabis program. House Bill 5450 permits qualifying patients under the age of 18 to possess and consume medical cannabis preparations. The proposal also expands the list of qualifying illnesses eligible for cannabis therapy to include: ”uncontrolled intractable seizure disorder,” ”irreversible spinal cord injury with objective neurological indication of intractable spasticity,” “cerebral palsy,” “cystic fibrosis,” or “terminal illness requiring end-of-life care.” Other provisions in the bill seek to establish a statewide clinical research program, and protect nurses from criminal, civil, or disciplinary sanction if they choose to administer marijuana to a qualifying patient in a hospital setting. The new law takes effect on October 1, 2016.

    fifty_dollar_fineIllinois: Members of the House voted 64 to 50 on Wednesday, May 18, in favor of Senate Bill 2228, legislation to decriminalize the possession of small amounts of marijuana. Members of the Senate had previously voted 44 to 12 in favor of the measure, which makes the possession of up to 10 grams of marijuana a civil violation punishable by a fine of $100-$200 — no arrest and no criminal record.

    Currently, those caught possessing that amount could face up to six months of jail time and fines of up to $1500. The bill also amends the state’s zero tolerance per se traffic safety law. Senate Bill 2228 now goes to Gov. Bruce Rauner. Last year, the Governor issued an amendatory veto to a similar bill. However, this year’s language addresses the Governor’s past concerns.

    Kansas: Governor Brownback recently signed House Bill 2462 into law to amend marijuana possession penalties. The law reduces criminal penalties for first-time marijuana possession offenses from a Class A misdemeanor (punishable by up to one year incarceration and a $2,500 fine) to a Class B misdemeanor (punishable by no more than six months in jail and a $1,000 fine). Second convictions will no longer be classified as a felony offense. You can read the full summary of the engrossed bill here. The sentencing changes take effect imminently.

    Louisiana: Governor John Bel Edwards signed legislation yesterday amending the state’s dormant medical marijuana law. Senate Bill 271 permits physicians to ‘recommend’ rather than ‘prescribe’ medical cannabis therapy. The change allows doctors to authorize cannabis without running afoul of federal law, which prohibits the prescription of a schedule I controlled substance.

    The measure also expands the pool of conditions eligible for cannabis therapy to include the following: “cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, cachexia or wasting syndrome, seizure disorders, epilepsy, spasticity, Crohn’s disease, muscular dystrophy, or multiple sclerosis. Separate legislation, SB 180, which explicitly immunizes the program’s participants from state criminal prosecution, remains pending in the House and is anticipated to be voted on as early as next week.

    Maine: Governor Paul LePage has signed legislation, LD 726, into law permitting qualified patients to use medical marijuana while admitted in Maine hospitals. This measure does not require hospital staff to administer medical marijuana to a patient and will only allow for patients to consume cannabis preparations in a smokeless form. The law also establishes licensing protocols for marijuana testing facilities and the labeling of medical cannabis products.

    New Hampshire: Members of the Senate on Thursday, May 19, sent House-backed decriminalization provisions to conference committee rather than engage in an up/down vote of the bill. Members of the House previously voted 298 to 58 to amend Senate Bill 498 to make first-time offenses a civil violation rather than a criminal offense. The civil penalty would be limited to a fine only: no arrest, prosecution, or criminal record. Subsequent offenses would continue to be classified as misdemeanors. In past years, the Senate has been consistently hostile to any House efforts to decriminalize marijuana possession penalties.

    The conference committee, consisting of members of the House and Senate, will now try to agree upon a finalized version of SB 498. It is important that Senate members hear from you and are urged to keep the House provisions in SB 498. #TakeAction

    cannabis_pillsOklahoma: Governor Mary Fallin signed legislation into law on Friday, May 13, to expand the pool of patients eligible to possess cannabidiol (CBD) under a physician’s authorization. House Bill 2835 extends existing legal protections to the following patients: those with “spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases.” The measure also removes the age requirement limitation from existing law so that adults with various forms of epilepsy are eligible for CBD therapy. The expanded law takes effect on November 1, 2016.

    Rhode Island: On Thursday, May 19th members of the Senate approved legislation, Senate Bill 2115, to make post-traumatic stress patients eligible for medical cannabis treatment and to accelerate access to those patients in hospice care. The measure will now be sent to the House for consideration. #TakeAction

  • by Danielle Keane, NORML Associate May 6, 2016

    US_capitolLegislation around the country is moving quickly and we’ve got numerous updates for you this week. Keep reading below to find out if your state is moving forward with marijuana law reform!

    Alabama: Governor Robert Bentley has signed legislation, House Bill 61, to protect qualified patients eligible for CBD therapy under a physician’s authorization from criminal prosecution. The measure, known as ‘Leni’s Law’, allows qualified patients to possess CBD preparations containing up to three percent THC. The new law takes effect June 1st, 2016.

    Colorado: House and Senate lawmakers have overwhelmingly approved legislation, House Bill 1373, to permit qualified patients access to the use formulations of medical cannabis while on school grounds.The measure now awaits action by Gov. John Hickenlooper, who indicated that he would sign the measure into law. “My son, if he needed medical marijuana and he needed it during the day while he was in school, I’d want him to have that opportunity,” Hickenlooper said.

    Connecticut: House and Senate lawmakers have approved legislation expanding patients’ access to the state’s medicinal cannabis program. House Bill 5450 permits qualifying patients under the age of 18 to possess and consume medical cannabis preparations and it also expands the list of qualifying illnesses eligible for cannabis therapy. Other provisions in the bill seek to establish a statewide clinical research program, and protect nurses from criminal, civil, or disciplinary sanction if they choose to administer marijuana to a qualifying patient in a hospital setting. The measure now awaits action by Governor Dannel Malloy. #TakeAction

    Hawaii: Legislation is pending before Governor David Ige to expand medical cannabis access and dispensing. The measure expands the pool of practitioners who may legally recommend cannabis therapy to include advanced nurse practitioners. Separate provisions in the bill remove the prohibition on Sunday dispensary sales and on the possession of marijuana-related paraphernalia by qualified patients.It also permits the transportation of medical marijuana across islands for the purposes of laboratory testing. #TakeAction

    Kansas: House and Senate lawmakers have signed off on sentencing reform legislation, House Bill 2049, that reduces criminal penalties for first-time marijuana possession offenses from a Class A misdemeanor (punishable by up to one year incarceration and a $2,500 fine) to a Class B misdemeanor (punishable by no more than six months in jail and a $1,000 fine). Second convictions will no longer be classified as a felony offense. The bill now heads to Gov. Brownback’s desk, and will become law if he does not veto it within 10 days. #TakeAction

    Louisiana: Senate legislation to fix and expand the state’s dormant medical marijuana law received a boost this week after a House Committee amended and passed the measure. Senate Bill 271 seeks to change the language of existing law so that physicians may ‘recommend’ rather than prescribe cannabis therapy. Under federal law, physicians cannot legally ‘prescribe’ cannabis or any schedule I substance. It also expands the pool of patients eligible to receive marijuana therapy. The legislation is scheduled to be heard by members of the House Health and Welfare Committee next week. #TakeAction
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    New Hampshire: Members of the House Criminal Justice and Public Safety Committee voted 12 to 7 this week to amend Senate-backed sentencing reform legislation, Senate Bill 498, to also include provisions decriminalizing minor, first-time marijuana possession offenses. The amended language would make first-time offenses a civil violation rather than a criminal offense. The civil penalty would be limited to a fine only: no arrest, prosecution, or criminal record. Subsequent offenses would continue to be classified as misdemeanors. #TakeAction

    Oklahoma: House and Senate lawmakers have approved legislation, HB 2835, to expand the pool of patients eligible to possess cannabidiol under a physician’s authorization. As amended, House Bill 2835 would include legal protections to the following patient groups: those with “spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases.” The measure also removes the age requirement limitation from existing law so that adults with various forms of epilepsy are eligible for CBD therapy. The measure now awaits action from Gov. Mary Fallin. #TakeAction

    Pennsylvania: Representative Ed Gainey is seeking co-sponsors for soon-to-be introduced legislation that would amend minor marijuana possession offenses to a non-criminal offense. Despite both local and nationwide progress on the issue of cannabis prohibition, Pennsylvania continues to charge over 18,000 individuals each year with minor possessory offenses. Please urge your House member to sign on as a co-sponsor to this important legislation. #TakeAction

    Rhode Island: Members of the Senate Judiciary Committee are scheduled to consider SB 2420, legislation to regulate the commercial production and retail sale of marijuana to those over the age of 21, on Tuesday, May 10th.  Adults would be permitted to purchase and possess up to one ounce of marijuana. It also permits adults to cultivate up to two marijuana plants (no more than 1 mature) at home for non-commercial purposes. You can read the full text of this proposal here. #TakeAction

    Tennessee: Two marijuana related measures became law recently in Tennessee. The first permits for the licensed cultivation of industrial hemp when “grown by an institution of higher education in this state that offers a baccalaureate or post-graduate level program of study in agricultural sciences.” The second, amends third-time marijuana possession offenses from a Class E felony, punishable by up to six years in prison, to a misdemeanor offense, punishable by no more than one year in jail. The new sentencing penalties take effect on July 1, 2016.

    For a summary of all pending marijuana legislation, be sure to check out our full #TakeAction center!

    And don’t forget to register to attend NORML’s 2016 Congressional Lobby Day  in Washington D.C. May 23rd and 24th! We have just recently confirmedthree members of Congress’ ability to address our group on Capitol Hill so you won’t want to miss it!

     

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