There is long awaited news from Pennsylvania, as the Keystone State is poised to become the 24th state to permit medical cannabis access and separate legislative efforts continue to move forward around the country. Keep reading below to get this week’s latest in marijuana law reform!
The U.S. Senate Appropriations Committee approved an amendment today, for the second year in a row, to expand medical marijuana access to United States veterans.
The amendment, sponsored by Senators Steve Daines (R-MT) and Jeff Merkley (D-OR), would prohibit the Department of Veterans Affairs (V.A.) from spending money to enforce a policy that prohibits the department’s physicians from filling out medical marijuana recommendation forms in states where the drug is legal. It will be attached to the Military Construction and Veterans Affairs Appropriations bill.
The bipartisan vote was 20 to 10, marking a slight improvement from last year’s 18-12 vote. Though a majority of the Senate passed the amendment in 2015, it was ultimately defeated in conference with the House.
Alabama: Legislation to protect qualified patients eligible for CBD therapy is gaining traction in the legislature. Both the House and Senate are considering similar proposals to expand patient access. While existing state law permits qualified patients to use CBD if they are part of state-sponsored clinical trial, these proposed measures would legally protect qualified patients who possess the substance outside of a clinical trial environment. #TakeAction
Florida: Another municipality in Florida is considering decriminalizing offenses involving the possession of small amounts of marijuana. On Monday, Orlando’s City Council will review an ordinance to make possession of 20 grams (about two-thirds of an ounce) or less a violation of city code, punishable by a fine of $50 for first-time offenders. Tampa and Volusia County both approved similar ordinances last month. NORML first reported this trend of Florida cities and counties adopting decriminalization policies last August.
If you live in Orlando, you can contact your City Council member to urge their support for this measure here.
Louisiana: House and Senate legislation is pending to fix and expand the state’s dormant medical marijuana law. Existing law only permits for the patients’ use of medical marijuana in instances where the plant is ‘prescribed.’ However, under federal law, physicians cannot legally ‘prescribe’ cannabis or any schedule I substance. House Bill 1112 addresses these problems by: permitting physicians to recommend rather than ‘prescribe’ cannabis therapy; by licensing facilities to produce and dispense the product; and by expanding the pool of eligible patients to include ailments like cancer, multiple sclerosis, Crohn’s disease and intractable pain. Law enforcement groups have voiced disapproval of the proposed change, so it is important that lawmakers hear from you. #TakeAction
Maryland: Governor Larry Hogan has signed legislation to permit the Department of Agriculture to authorize institutions of higher education to cultivate industrial hemp for academic research purposes. Members of the Senate voted 45 to zero in favor of the bill. House members voted 136 to zero in favor of the measure. Maryland is the 26th state to enact legislation recognizing hemp as a agricultural commodity.
State lawmakers have also approved legislation to expand the pool of medical professionals who can provide written recommendations for marijuana to qualifying patients. Under the proposal, nurse midwives and nurse practitioners, among other medical professionals, who are in good standing with the state will be permitted to provide written certifications to qualifying patients. The legislation awaits action from Governor Larry Hogan. #TakeAction
Oregon: Governor Kate Brown has signed legislation into law that seeks to encourage financial institutions to engage in financial relationships with state-compliant marijuana businesses. The emergency legislation, House Bill 4094, “exempts financial institutions that provide financial services to marijuana related businesses, researchers and laboratories from any criminal law of this state.” The law took effect upon signing.
Pennsylvania: House and Senate lawmakers have given final approval to legislation, Senate Bill 3, to permit the production and use of medical marijuana products to qualified patients. Members of the Senate initially approved the measure in 2015. House leadership delayed acting on the bill for several months until finally passing an amended version of SB 3 in March. Senate and House members voted this week in favor of a concurrent version of the proposal. Once signed into law, Pennsylvania will become the 24th state to permit the use of physician-recommended cannabis.
South Carolina: Members of the Senate Medical Affairs Committee have defeated SB 672, the Medical Marijuana Program Act. However, identical legislation, H. 4037, remains pending in the House. The legislation would allow the use of medical marijuana for debilitating medical conditions; it also permits a registered patient or caregiver to possess up to, “two one-ounce packages of marijuana in leaf form, one ounce of cannabis oil concentrate, or eight ounces of diluted cannabis oil.” #TakeAction
Vermont: Members of the House Judiciary moved away from Senate-backed legislation, S. 241, to regulate the adult use, production, and sale of cannabis. On Friday, April 8, members of the Committee voted 6 to 5 on an amended version of S. 241 to establish a study commission to evaluate the matter of legalization. The vote came after members of the committee narrowly rejected an effort to amend the bill in a manner that would expand the state’s existing decriminalization laws.
Members of the Senate previously voted 17 to 12 in favor of the legislation in its original form, and it continues to be backed by Gov. Shumlin, state Attorney General William Sorrell, and a majority of Vermonters. It is vital that members of both the House and Senate continue hear from you in support of S. 241 so that lawmakers will be persuaded to once again amend this bill in a manner that seeks to regulate the adult use, production, and sale of cannabis. #TakeAction
Members of the Senate initially approved the measure in 2015. House leadership delayed acting on the bill for several months until finally passing an amended version of SB 3 in March.
Senate and House members voted this week in favor of a concurrent version of the proposal. The measure now goes before Gov. Tom Wolf, who supports patients’ access to medical cannabis and has pledged to sign the bill into law.
Senate Bill 3 permits regulators to license up to 25 marijuana cultivators and processors, and up to 150 dispensary locations to provide cannabis products to qualified patients who possess a recommendation from select physicians. Qualifying conditions eligible to receive cannabis therapy include intractable pain, multiple sclerosis, HIV/AIDS, cancer, seizure disorders, and autism, among others. The measure permits for the dispensing of herbal cannabis via vaporization, as well as the use of marijuana-infused extracts or oils, but it does not permit smoking. (To date, only two other states — Minnesota and New York — impose similar restrictions regarding patients’ use of herbal cannabis.)
Once signed into law, Pennsylvania will become the 24th state to permit the use of physician-recommended cannabis.
Colorado: Denver NORML filed the Responsible Use initiative with the city of Denver. If passed by voters this November, it would legalize the establishment of private marijuana clubs for adults 21 and up. Passage of this ordinance would be a historic first step in moving toward normalizing the responsible, adult consumption of marijuana. The initiative would provide adults with a legally defined space where marijuana could be consumed and shared with other like-minded citizens — a simple, yet necessary accommodation for states that have passed some form of legalization. You can show support for the initiative by liking their page on Facebook.
Florida: On April 1st, the city of Tampa began implementing its new decriminalization law. Under the new ordinance, people caught with 20 grams or less of marijuana will now only face a civil citation rather than a arrest, criminal prosecution, and a criminal record.
Also, The Florida Democratic Party has endorsed Amendment 2, a constitutional amendment to permit the physician-authorized use and state-licensed distribution of cannabis for therapeutic purposes. The initiative has also received recent endorsements from the Tallahassee Democrat, the Miami Herald, and the Bradenton Herald. Presently, 16 states explicitly exempt the use of CBD by qualified patients. But, to date, no of these states provide a regulated, in-state supply source for the product.
Maine: A superior court judge today overturned the Secretary of State’s ruling that a citizen petition seeking to legalize recreational marijuana in Maine was invalid. The ruling mandates the Secretary of State to review the disputed signatures to determine whether petitioners submitted enough valid ones to qualify for ballot placement this November.
Missouri: This week, regulators at the Missouri Department of Agriculture granted licenses to two applicants seeking to grow CBD-dominant cannabis. Their products are anticipated to be ready for distribution this fall to state-qualified patients.
Pennsylvania: State lawmakers have unanimously passed separate pieces of legislation to establish “a pilot program to study the growth, cultivation or marketing of industrial hemp.” Members of the Senate voted 49 to zero in March in favor of SB 50. House lawmakers more recently voted 187 to zero in favor of the House companion bill, HB 967. House Bill 967 will now go to the Senate for concurrence with SB 50 and then to Gov. Tom Wolf, who has expressed support for the legislation. #TakeAction
Members of the Pittsburgh City Council have approved a new ordinance imposing more lenient penalties for minor marijuana possession offenses. Under this ordinance, marijuana-related offenses will now be classified as summary offenses, punishable by a fine of $100 for public smoking or $25 for the possession of a small amount of marijuana.
Virginia: Governor Terry McAuliff has signed legislation, Senate Bill 701, into law to establish regulations governing the in-state production of therapeutic oils high in cannabdiol and/or THC-A (THC acid). Senate Bill 701 requires the Board of Pharmacy to adopt regulations establishing health, safety, and security requirements for pharmaceutical processors of oils high in CBD and/or THC-A. The measure takes effect on July 1, 2016.
Don’t forget to join us in Washington D.C. May 23rd and 24th for our 2016 Congressional Lobby Day! Whether you are a longtime activist, a young college student, a medical marijuana patient, a social marijuana consumer, or just someone who opposes prohibition, this is an opportunity to meet like-minded individuals from across the country and get a glimpse into the Capitol Hill lawmaking process. It is an exhilarating experience for anyone who has taken the time to come to DC to lobby their members of Congress. Get your tickets today!
Federal: Congressman Jason Chaffetz (R-UT) introduced H.R. 4779, the CBD Oil Act of 2016 this week. This legislation would bar prosecution of individuals who use cannabidiol (CBD) oil for medical purposes as permitted by existing state law. Currently, 15 states have laws on the books to allow for the use of CBD products for medicinal purposes. Utah Governor Herbert has come out in support of the bill saying: “I support Rep. Chaffetz in his effort to alleviate the fear that many Utah families face over conflicting state and federal laws regarding cannabis oil. This legislation resolves that concern by respecting decisions made at the local level.”
This legislation joins five other pending bills on the federal level to to permit and/or protect patient access to CBD. You can find the other pending legislation here.
Alabama: Legislation is pending, House Bill 257, to amend state law so that first time offenders of one ounce or less of marijuana face a civil fine, no arrest and no criminal record. Current law defines the personal possession of marijuana as a Class A misdemeanor, punishable by up to a year in jail and a fine up of to $6,000.
The legislation is currently pending before the House Judiciary Committee. #TakeAction
Florida: Members of the Tampa city council voted 5 to 1 to amend local laws so that the possession of 20 grams or less of cannabis within city limits is a non-arrestable, fine-only offense. First-time offenders face a $75 fine, while multiple offenders could face fines up to $450. By contrast, Florida law defines similar possession offenses as a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine.
Tampa’s pending law is similar to those recently enacted in a number of Florida counties, including Miami-Dade, West Palm Beach, and Volusia, as well as in several other metropolitan areas, such as Philadelphia and Milwaukee.
Georgia: House lawmakers have resurrected language to expand the state’s medical cannabis law. Provisions previously contained in House Bill 722 have been attached to separate legislation, which is expected to be decided upon by a floor vote imminently. House lawmakers previously approved the measure last month, but Senate lawmakers were unwilling to take up the issue.
As amended, the language expands the pool of patients eligible for certain medical marijuana products to include autism spectrum disorder, AIDS, a skin disease known as epidermolysis bullosa, peripheral neuropathy, Tourette’s syndrome and post-traumatic stress disorder, and protects patients against various discriminatory practices. #TakeAction
Louisiana: Members of the New Orleans city council voted 7 to zero in favor of legislation permitting police to cite rather than arrest minor marijuana offenders (defined as those who possess 14 grams or less), including repeat offenders. First-time violators are subject to a $40 fine while subsequent offenders may face fines of up to $100. Under state law, first-time possession offenders are subject to arrest and criminal prosecution (punishable by up to 15 days in jail) while repeat offenders face up to eight years in prison.
Pennsylvania: After months of delay, House members approved legislation in a 149-3 vote on Wednesday to permit the production and use of medical marijuana products to qualified patients.The amended bill permits state officials to license marijuana cultivators and dispensaries to provide cannabis products to qualified patients who possess a recommendation from select physicians. The measure permits for the dispensing of herbal cannabis via vaporization, as well as the use of marijuana-infused extracts or oils.Because the House-amended legislation differs from the version initially approved by the Senate, the bill must be reapproved by the Senate or it will be negotiated in conference committee. #TakeAction
Tennessee: Legislation is pending, HB 2310 and SB2321, to place a referendum before voters this November that would provide local law enforcement the option of citing rather than arresting adults who are caught in possession of one ounce or less of marijuana. If the referendum is approved by voters, the option to arrest or cite minor offenders will be at the discretion of law enforcement.
An analysis of 2012 marijuana possession arrests reports that police annually arrest over 19,000 Tennesseans for minor marijuana possession offenses. This is the 15th highest statewide tally in the nation. House Bill 2310 has been scheduled to be heard by members of the House Criminal Justice Subcommittee on March 22nd. #TakeAction
Vermont: The House Judiciary Committee held it’s first walk-through this week related to S.241, the measure to regulate the adult use, production, and sale of cannabis. Though the Senate has approved the measure, it’s expected to be a difficult road to win the House over. If you live in Vermont it’s important to contact your lawmakers and urge their support for this measure! #TakeAction
After months of delay, members of Pennsylvania’s House of Representatives finally approved legislation to permit the production and use of medical marijuana products to qualified patients.
House members decided yesterday in favor of an amended version of Senate Bill 3. The measure passed by a vote of 149 to 43.
The amended bill permits state officials to license up to 25 marijuana cultivators and up to 25 dispensaries to provide cannabis products to qualified patients who possess a recommendation from select physicians. Qualifying conditions eligible to receive cannabis therapy include chronic pain, multiple sclerosis, HIV/AIDS, cancer, epilepsy, and inflammatory bowel disease, among others. The measure permits for the dispensing of herbal cannabis via vaporization, as well as the use of marijuana-infused extracts or oils, but it does not permit smoking.
Because the House-amended legislation differs from the version initially approved by the Senate, the bill must be re-approved by the Senate or it will be negotiated in conference committee. Governor Tom Wolf supports patients’ access to medical cannabis and has pledged to sign the bill once it reaches his desk.
Derek Rosenzweig of PhillyNORML, which has been lobbying on behalf of medical cannabis access legislation since 2009, said: “This is a historic day in Pennsylvania. Hopefully during concurrence they can fix some of the flaws in the bill.”
Once signed into law, Pennsylvania will become the 24th state to permit the use of physician-recommended cannabis.