This 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.
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.
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.
Illinois: 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
Oklahoma: 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
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
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!
Supreme Court justices today declined to consider a 2014 suit challenging the legality of Colorado’s regulations permitting the state-licensed production and retail sale of cannabis to adults.
Justices decided in a 6-2 vote to reject the lawsuit, filed by Nebraska Attorney General Jon Bruning and Oklahoma Attorney General E. Scott Pruitt, which sought to strike down Colorado’s law on the basis that it is “fundamentally at odds” with the federal Controlled Substances Act. A majority of the Court turned back the petition in an unsigned opinion, while Justices Clarence Thomas and Samuel Alito dissented.
The plaintiffs in the suit now say that they are contemplating filing a similar legal challenge in federal district court.
NORML Legal Counsel Keith Stroup previously described the lawsuit as “more political theater than a serious legal challenge.”
Legislative sessions around the country are moving quickly with several already coming to a close. It’s important to stay updated on pending measures in your state because NOW is the time to contact your elected officials using our #TakeAction Center urging their support for marijuana law reform. Keep reading to get this week’s latest legislative highlights!
Florida: House and Senate lawmakers have approved legislation, House Bill 307, to permit medical marijuana access to people diagnosed with terminal illnesses. Florida law already permits for the production of strains of cannabis high in CBD to be dispensed to qualified patients with cancer, muscle spasms, and intractable seizures. However, to date, this program has yet to be operational. House Bill 307 seeks to expand state-licensed medical marijuana production to also include strains dominant in THC. The measure now awaits action from Florida Governor Rick Scott.
Maine: The Campaign To Regulate Marijuana Like Alcohol, a ballot initiative that is seeking to put the question of marijuana legalization before voters in the state this November, is suing the state of Maine for invalidating 26,779 signatures. The campaign had originally turned in 99,229 signatures from registered voters by the February 1st deadline in hopes of meeting the required number of 61,123 valid signatures to make the ballot. Secretary of State Matt Dunlap invalidated the signatures because the signature of the notary who signed the petitions allegedly did not match the signature on file with staff.
Nebraska: Legislation remains pending, LD 643: the Cannabis Compassion and Care Act, to permit qualified patients to legally possess and cultivate cannabis. The measure permits patients permits patients to grow up to 12 plants and/or to possess up to six ounces of cannabis for therapeutic purposes. The bill also establishes licensed compassion centers to provide cannabis to qualified patients. #TakeAction
New York: Legislation has been introduced, A 9510, to expand the pool of medical professionals who can provide written recommendations for marijuana to qualifying patients. If passed, the legislation would allow physician assistants and nurse practitioners who are in good standing with the state to provide written certifications to qualifying patients. New York legalized medical marijuana in 2014, however the law is one of the most restrictive in the country. Patients may only use non-smokable forms of marijuana and many are struggling to find physicians who can certify them access to medical marijuana preparations. This pending legislation would increase the number of medical professionals eligible to participate in the program, thereby increasing access to those patients who so desperately need it. #TakeAction
Oklahoma: House lawmakers have approved legislation, House Bill 2835, to expand the pool of patients eligible to possess cannabidiol (CBD) under a physician’s authorization. If passed, those with Alzheimer’s disease, dementia, chronic pain, neuropathic pain, spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases, and/or attention deficit hyperactivity disorder or bipolar affective disorder would be allowed access to CBD. The bill now awaits Senate action. #TakeAction
Utah: Lawmakers have adjourned for 2016 without taking action to expand medical cannabis access to seriously ill patients. Members of the House Health and Human Services Committee voted 8-4 on Monday, March 7, against the passage of Senate Bill 73, the Medical Cannabis Act. A separate measure, SB 89, was approved by members of a House committee however, lawmakers ultimately failed to back the measure, alleging that the law would be too expensive to implement.
Vermont: Members of various House Committee are anticipated to begin taking testimony next week with regard to Senate Bill 241, to regulate the adult use, production, and sale of cannabis. Members of the Senate previously voted 17 to 12 in favor of the legislation, which is backed by Gov. Shumlin. Now the measure faces a potentially uphill battle in the House, starting with the House Judiciary Committee. It is vital that House representatives hear from you in support of SB 241. #TakeAction
Virginia: Members of the House of Delegates and the Senate have decided in favor of Senate Bill 701, which permits for the in-state production of therapeutic oils high in cannabdiol and/or THC-A (THC acid). The Governor has untilApril 11 to act on the bill. #TakeAction
Washington: Governor Jay Inslee decided on Wednesday, March 9th, to veto legislation, Senate Bill 6206, which sought to establish licensed hemp production. House and Senate lawmakers had previously approved legislation, which would have authorized “The growing of industrial hemp as a legal agricultural activity” in accordance with federal legislation permitting such activity as part of a state-authorized program.
“Sen. Johnson has been an outspoken supporter of legalizing marijuana for medical and recreational use during her tenure in the Oklahoma legislature,” stated NORML PAC Manager Erik Altieri. “Few state legislators have rivaled her passion and acumen on marijuana law reform and, if elected, Sen. Johnson would be an invaluable ally in the fight to legalize marijuana nationwide.”
“We encourage Oklahomans to support her campaign and send Sen. Johnson to Washington, D.C. to work toward ending our country’s failed prohibition on marijuana.”
“I’m incredibly thankful for NORML’s endorsement, ” said Sen. Johnson. “After years of stonewalling in the state legislature, I’m taking this fight to the people. It’s time for the people of Oklahoma to speak on this issue.”
Sen. Johnson began circulating a petition in early July to put marijuana legalization and commercialization on the Oklahoma November ballot.
“As taxpayers, we’re spending over $30 million each year policing, jailing, and incarcerating our citizens on marijuana-related offenses—often on simple possession. Yet, marijuana is almost universally available,” Sen. Johnson stated. “It’s time for a smarter approach, particularly in regards to how we spend our taxpayer dollars.”
“We have teacher shortages in Tulsa and Oklahoma City public schools, as well as in our smaller school districts. Why? Because Oklahoma pays teachers some of the lowest salaries in the nation. How many Oklahoma teachers does $30 million a year pay for?”
While serving in the state legislature, Sen. Johnson introduced measures to legalize marijuana for recreational and medical use and has been the outspoken champion of marijuana reform in the Sooner State.
The Oklahoma Democratic Primary will have a runoff election on August 26th. You can click here to check the status of your voter registration and to find your polling place.