In 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!
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.
Delaware: 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.
The DEA announced that they will amend their quotas for 2017 regarding the cultivation of research-grade marijuana and hemp legalization bills in Pennsylvania and Rhode Island have been signed into law! We also have updates from Illinois, Florida, and Ohio. Keep reading to learn the latest in marijuana law reform news from around the country and to find out how you can #TakeAction!
In a notice published in the Federal Register, Acting DEA Administrator Chuck Rosenberg proposed amending the amount of marijuana that may be produced under federal license in 2017 to approximately 1,041 pounds. The agency alleges that this quantity will be sufficient to provide for the “estimated medical, scientific, research and industrial needs of the United States.”
The US Drug Enforcement Administration is also preparing to respond to an administrative petition calling for the reclassification of marijuana as a schedule I prohibited substance. Their determination was originally expected in the first half of 2016 but it has yet to be released.
Florida: Next Tuesday, the state’s first state-licensed medical marijuana dispensary will open to the public. Trulieve, a licensed cannabis cultivator and distributor, will provide a high CBD, low THC strain of the plant to patients that are registered with the state. However, as of today not a single eligible patient is registered with the state to legally access the product. This is because Florida’s law, initially passed in 2014, is among the strictest in the country. Under the law, patients diagnosed with cancer, seizures, or intractable muscle spasms are eligible for CBD-dominant cannabis, while those diagnosed with a terminal illness are eligible for THC-dominant cannabis. To date, however, only 15 physicians in the state are participating in the program.
Illinois: Two months ago lawmakers voted in favor of Senate Bill 2228, legislation to decriminalize the possession of small amounts of marijuana. But Governor Bruce Rauner has yet to sign the measure into law. The bill 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 $1,500. The bill also amends the state’s zero tolerance per se traffic safety law.
#TakeAction and contact Governor Rauner to urge him to sign this legislation into law.
Ohio: Governor John Kasich has signed legislation so that certain drug offenses are no longer punishable by a mandatory loss of one’s driver’s license. Under previous law, any drug conviction carried a mandatory driver’s license suspension of at least six months, even in cases where the possession offense did not take place in a vehicle. Senate Bill 204 makes such suspensions discretionary rather than mandatory. The law will take effect September 13th, 2016.
Pennsylvania: On Wednesday, July 20th, Governor Tom Wolf signed legislation, House Bill 967, to establish “a pilot program to study the growth, cultivation or marketing of industrial hemp.” The new law took immediate effect. Twenty-eight states have now enacted similar legislation.
Rhode Island: Governor Gina Raimondo has signed legislation, H8232, to establish rules for the commercial, licensed cultivation of hemp in the state. The legislation creates the “Hemp Growth Act” to treat hemp as an agricultural product that may be legally produced, possessed, distributed and commercially traded. The Department of Business Regulation will be responsible for establishing rules and regulations for the licensing and regulation of hemp growers and processors.
Members of Congress this week heard testimony on the state of marijuana research, and leading members of the U.S. Senate introduced legislation to potentially reclassify CBD. A medical marijuana initiative in Montana qualified for the November ballot and Governors in three states signed marijuana related bills into law. Keep reading below to get this week’s latest marijuana news and to find out how you can #TakeAction.
On Wednesday, members of the U.S. Senate Judiciary Subcommittee on Crime and Terrorism, chaired by Senator Lindsey Graham (R-SC) held a hearing titled, “Researching Marijuana’s Potential Medical Benefits and Risks”. Testimony was provided by Senators Kirsten Gillibrand (D-NY) and Cory Booker (D-NJ), who are co-sponsors of the CARERS Act, as well as by officials from the National Institute on Drug Abuse (NIDA) and the Food and Drug Administration (FDA). While several witnesses were asked by the committee whether or not they expected the DEA to reschedule cannabis, none provided a direct answer. An archive of the hearing is available online here.
Today, US Senators Charles Grassley (R-IA), Diane Feinstein (D-CA), Pat Leahy (D-VT), and Thom Tillis (R-NC) introduced legislation, the “Cannabidiol Research Expansion Act.” The Act requires the Attorney General to make a determination as to whether cannabidiol should be reclassified under the Controlled Substances Act and would expand research on the potential medical benefits of cannabidiol and other marijuana components. You can voice your support for this measure, as well as other pending federal legislation, by clicking here.
Hawaii: On Tuesday, Governor David Ige signed legislation, House Bill 2707, to expand the state’s medical cannabis program.
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. Other language in the bill permits the transportation of medical marijuana across islands for the purposes of laboratory testing, but maintains existing prohibitions banning individual patients from engaging in inter-island travel with their medicine.
Full text of the bill is available here.
Missouri: Governor Jay Nixon signed legislation into law today making it easier for those with past marijuana convictions to have their records expunged.
The legislative measure expands the number of offenses eligible for expungement from roughly a half dozen to more than 100 non-violent and non-sexual crimes. It also allows people to expunge their records sooner, shortening the waiting period to three years for misdemeanors and to seven years following a felony offense. However, the law does not take effect until January 1, 2018.
Missouri’s NORML coordinator Dan Viets said, “This law will allow many thousands of people who have a marijuana conviction on their public records to escape the lifelong disabilities such a conviction has caused in the past.”
For more information, contact Missouri NORML here.
Montana: On Wednesday, a statewide initiative to expand and restore the state’s medical marijuana program qualified for the November ballot. The initiative is seeking to reverse several amendments to the program that were initially passed by lawmakers in 2011.
If approved by voters, I-182 allows a single treating physician to certify medical marijuana for a patient diagnosed with chronic pain and includes post-traumatic stress disorder (PTSD) as a “debilitating medical condition” for which a physician may certify medical marijuana, among other changes. You can read the initiative language here.
Pennsylvania: On Monday, legislation to establish “a pilot program to study the growth, cultivation or marketing of industrial hemp” was sent to Governor Wolf for his signature.
This measures allows state-approved applicants to research and cultivate industrial hemp as part of an authorized pilot program. This proposal is compliant with Section 7606 of the omnibus federal farm bill, authorizing states to sponsor hemp cultivation pilot programs absent federal reclassification of the plant. More than two dozen states have enacted similar legislation permitting licensed hemp cultivation in a manner that is compliant with this statute. #TakeAction
Rhode Island: Governor Gina Raimondo signed legislation, House Bill 7142, this week to make post-traumatic stress patients eligible for medical cannabis treatment and to accelerate access to those patients in hospice care. Members of both chambers previously overwhelmingly approved the measure. Full text of the bill is available here. The new law went into effect immediately upon the Governor’s signature.
Adult use legalization initiatives in Arizona, California and Massachusetts are moving forward and Illinois has expanded its medical marijuana program. Keep reading to get the latest news and to find out how you can #TakeAction.
On Wednesday, July 13th the US Senate Judiciary Subcommittee on Crime and Terrorism is holding a hearing titled, “Researching the Potential Medical Benefits and Risks of Marijuana.” The Congressional hearing follows the recent introduction of House Bill 5549 and Senate Bill 3077 – which would expedite the federal review process for clinical protocols involving cannabis. Contact your federal lawmakers today to encourage them to support this common sense legislation. #TakeAction
Arkansas: The Secretary of State’s office affirmed on Thursday that proponents, Arkansans for Compassionate Care, submitted sufficient signatures from registered voters to qualify the measure for the November ballot. The 2016 Arkansas Medical Cannabis Act establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to obtain a ‘hardship certificate’ in order to cultivate their own medicine at home. A similar initiative narrowly failed in the state in 2012, garnering over 48 percent of the vote.
California: It was announced this week that the Adult Use of Marijuana Act (AUMA) initiative will appear on the ballot as Proposition 64. This pending proposal, if approved by the voters, will permit adults to legally cultivate up to six marijuana plants and to possess up to an ounce of marijuana or eight grams of marijuana concentrates; and it will license the commercial cultivation and retail sales of marijuana products to adults. The measure prohibits localities from preventing responsible adults from possessing and cultivating cannabis for non-commercial purposes in the privacy of their own homes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” You can read more about the proposal here.
Georgia: Members of the Clarkston City Council voted this week in to approve an ordinance reducing the penalties for simple possession of an ounce or less of marijuana. The amendment makes simple possession a citable rather than an arrestable offense, punishable by a $75 fine. Mario Williams, Public Safety Committee chairman said, “It is a proven fact that arresting people … for simple possession of an ounce or less of marijuana has damaging effects long-term and short-term on their lives and that’s why we took a step forward and mitigated those effects today.”
Illinois: Governor Bruce Rauner signed legislation to expand and extend the state’s medical marijuana program to 2020. Legislation initiating the program was set to expire in 2018. Other changes to the program include adding post-traumatic stress and any terminal illness as qualifying medical conditions; extending the lifespan of state-issued registry cards from one year to three years in duration; and amending the requirement that physicians must explicitly recommend cannabis therapy. Instead, physicians will only be required to certify that there exists a bona fide doctor-patient relationship and that the patient possesses a qualifying, debilitating medical condition.
These new changes in law took effect upon the Governor’s signature.
Massachusetts: Proponents of a statewide marijuana legalization initiative effort moved one step closer this week to qualifying for the ballot in November. On Tuesday the Campaign to Regulate Marijuana Like Alcohol turned in more than 25,000 additional signatures from registered voters to the Secretary of State’s office. The state required an additional 10,792 signatures. Proponents this week also gained a legal victory from the state’s Supreme Court, which rejected a challenge that sought to remove the language from the state’s ballot.
Pennsylvania: Members of the Harrisburg City Council this week voted unanimously in favor of a municipal ordinance to reduce penalties associated with the possession of small amounts of marijuana. The measure reclassifies cannabis possession as a summary offense punishable by a $5 fine. Pennsylvania’s capital city now joins Philadelphia and Pittsburgh in treating minor marijuana possession offenses similar to a traffic citation.
Federal lawmakers requested action this week on restoring medical marijuana access to veterans, while proponents in Arizona came one step closer to qualifying to the November ballot. Keep reading to get the latest news and to find out how you can #TakeAction.
A bipartisan group of 11 lawmakers wrote a letter this week to Congressional leadership urging them to reconsider the Veterans Equal Access Amendment. Majorities in both the US House and Senate voted in May to include the provision as part of the Fiscal Year 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations bill. However, Republicans sitting on the House Appropriations Committee decided last week to remove the language from the bill during a concurrence vote. The latest version of the Appropriations bill now awaits action by the Senate.
A separate coalition of US Senators and representatives also drafted a letter this week to DEA officials calling on the agency to move swiftly to reclassify marijuana under federal law, and to allow private producers to cultivate cannabis for clinical research purposes. “We request that you take immediate action to remove ‘cannabis’ and ‘tetrahydrocannabinols’ from Schedule I. We also ask that you issue a public statement informing the research community that the DEA, in compliance with international obligations, will accept new applications to bulk manufacture cannabis for medical and scientific purposes, to be approved on merit-based criteria,” lawmakers requested. In April, DEA officials pledged to issue guidance on the scheduling of cannabis within the first half of this year, a promise they recent walked back.
Arizona: The campaign to legalize the adult use of marijuana in Arizona yesterday turned in more than 200,000 signatures to the Secretary of State’s office. The campaign needs at least 150,000 of those signatures to be certified in order to qualify for this November’s ballot. Under the proposed initiative, those age 21 and older are permitted to possess up to 1 ounce of marijuana and grow up to six plants in their homes. The measure would also establish a licensing system for the commercial production and retail sale of cannabis.
Louisiana: Last week the city of New Orleans began implementing the new ordinance lowering the penalties associated with the possession of small amounts of marijuana. The ordinance was originally approved by City Council back in March in hopes of diverting police resources from minor crimes and keeping low-level offenders out of jail. The ordinance reclassifies minor marijuana possession offenses as non-criminal violations punishable by a fine-only: $40 for a first offense, $60 for a second, $80 for a third, and $100 for a fourth and beyond. Under state law, second and/or third convictions are punishable by between 6 months and 2 years in prison.
In statewide news, decision-makers at Louisiana State University and Southern University have agreed to apply for cultivation permits to supply medical cannabis. Under state law, qualified patients are permitted marijuana-infused products under a doctor’s recommendation. The state’s nascent medical cannabis program is anticipated to be up and running by 2018.
Pennsylvania: Members of the Harrisburg City Council are considering a measure to decriminalize the possession of small amounts of marijuana within the city limits. In recent days, members of the City Council amended the language to reduce the fines for possession, increase the fines for smoking marijuana in public and expand the effort to include possession of marijuana paraphernalia. The members are scheduled to vote on the measure on July 5th. If you live in Harrisburg you can find the contact information for City Council here.
Washington D.C.: The D.C. Health Department issued a report this week recommending the District legalize the retail sale of marijuana. Specifically, they recommend D.C. to “impose state taxes on production, distribution, and sales along with a licensed market participation, age restriction, and prohibitions on advertising and marketing to minors,” and ““use current regulatory models for tobacco and alcohol to base legislation to enact effective marijuana controls.”
Residents of Washington D.C. voted in 2014 to legalize the adult use of recreational marijuana. However Congressional leaders have prohibited the district from implementing a recreational market through annual budget riders. With this new report from the district’s health department and willingness from the Mayor and City Council to create a regulated market, it’s questionable how long Congress will continue to block the will of the people.