Once again, the northeast leads the nation in self-reported marijuana use in practically every measurable category.

Among states reporting ‘marijuana use in the past year among persons aged 12 and older,’ Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont all rank in the top percentile. (Alaska, California, Colorado, Hawaii, and Oregon round out the list.) Among states reporting ‘marijuana use in the past year among youths age 12 to 17,’ Connecticut, Massachusetts, New Hampshire, Rhode Island, and Vermont top the list (along with Alaska, Colorado, New Mexico, Nevada, and Oregon).

The totals in the category ‘marijuana use in the past year among persons age 18 to 25‘ is even more New England-centric, with every northeast state (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont) all included in the top percentile (along with Alaska, Colorado, New York, and Oregon). In the category, ‘marijuana use in the past month among persons age 26 or older‘ Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont top the list (along with Alaska, Colorado, Hawaii, and Oregon).

The findings are notable because they are consistent from previous years and provide plenty of fodder for combating numerous drug warrior myths and stereotypes (such as the notion that high rates of illicit drug use — yes, the New England states lead in this broader category too — are typically relegated to poorer, urban, more racially diverse areas).

They also call into question the notion that marijuana use among the general population is in any way influenced by the legal status of marijuana. State criminal penalties for cannabis vary widely across the New England states. For instance, Maine’s decriminalization law (possession of up to 2.5 ounces is a civil violation punishable by a $100 fine) is among the most liberal in the country. Conversely, New Hampshire (up to one year in jail) and Rhode Island (up to one year in jail and a six month driver’s license suspension) maintain relatively strict penalties. Yet regardless of state law, marijuana use remains similar throughout the region.

Likewise, nationally, Mississippi and Nebraska — which enjoy some of the most liberal marijuana laws (simple possession is a summons and a civil violation, respectively) — also rank among the lowest rates of self-reported cannabis use.

You can review the state-by-state maps for yourself here.

One final note, it should be noted that despite the prevalence of medical marijuana states in these rankings, the authors of the report acknowledge that there is no evidence that the implementation of medi-pot laws is increasing the use of cannabis or other illicit drugs. As noted in the study’s press release:

“Current illicit drug use dropped among adolescents aged 12 to 17 in 17 states between 2002-2003 and 2008-2009 — no increases in current illicit drug use occurred in any state in this age group over this time period.”

This is a point that NORML has made repeatedly, most recently in response to Drug Czar Gil Kerlikowske’s false claims. The Marijuana Policy Project also has a newly updated report thoroughly rebuking this claim here.

But we still have a tremendous amount of work before us. Senate Bill 1014 must still be approved by the House Floor by this coming Wednesday!  Whether the floor will take the time to act on it will be decided by House Speaker Chris Donovan (D-Meriden). Please take a moment to contact him directly, leaving a polite message for his staff urging him to schedule a floor vote for SB 1014. You can also contact your own individual House Representative via NORML’s ‘Take Action Center’ here.

Separate legislation to approve the limited use of medical cannabis also awaits Senate floor action. Please contact the office of Sen. Don Williams, President Pro Tempore, and urge him to allow the 2011 medical marijuana bill to receive a floor vote. You can also contact your own individual Senator via NORML’s ‘Take Action Center’ here.

Additional information regarding this effort is available by contacting: Erik A. Williams, Executive Director, CT NORML, ewilliams@campaignswon.com, 860.805.3243.

Vermont: Democrat Gov. Peter Shumlin last week signed legislation into law allowing state-licensed facilities to dispense marijuana to medically authorized patients. Each dispensary will be licensed by the state Department of Public Safety and would be permitted to serve up to 1,000 registered patients. The Department is in the process of developing rules to carry out the new law. To date, only the states of Colorado, Maine, and New Mexico have state-licensed medical marijuana facilities up and running. Regulators in New Jersey and Rhode Island have selected applicants to operate similar state-licensed dispensaries, but neither state has allowed those applicants to open their planned facilities. Additionally, permits for licensed medical marijuana businesses are expected to be issued soon Delaware and in the District of Columbia.

California: Members of the state Assembly last week narrowly rejected AB 1017, which sought to reduce criminal penalties for marijuana cultivation from a felony to an alternative misdemeanor. “The state legislature has once again demonstrated its incompetence when it comes to dealing with prison crowding,” commented California NORML Director Dale Gieringer, which backed the bill. “With California under court order to reduce its prison population, it is irresponsible to maintain present penalties for non-violent drug offenses. It makes no sense to keep marijuana growing a felony, when assault, battery, and petty theft are all misdemeanors. Legislators have once again caved in to to the state’s law enforcement establishment, which has a vested professional interest in maximizing drug crime.”

Separate legislation, SB 129, which seeks to make it illegal for employers to discriminate against qualified medical cannabis patients in the workplace, has been held over to 2012.

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.

Fourteen of the seventeen medical marijuana jurisdictions have mandatory registries while two (California and Colorado) offer optional registries and one (Washington) has no registry system.  Estimating California’s patient numbers is hampered by its registry system being on a county-by-county basis.  California NORML’s Dale Gieringer estimates between 2% – 3% of the state’s population are holding medical marijuana recommendations – meaning possibly over one million medical marijuana patients in California alone.

California’s patient population can be estimated from data from other medical marijuana states where patients are required to register, shown in the table below. The top two of these are Colorado and Montana, which, like California, have a well developed network of cannabis clinics and dispensaries, and which report usage rates of 2.5% and 3.0%, respectively. Other states, where medical marijuana is less developed, report lower rates of 1% and less. However, California is likely to be on the high side because it has the oldest and most liberal law in the nation. Significantly, California is the only state that permits marijuana to be used for any condition for which it provides relief – in particular, psychiatric disorders, such as PTSD, bipolar disorder, ADD, anxiety and depression, which account for some 20%-25% of the total patient population. Adjusting for this, usage in California could be as much as 25% to 33% higher than in Colorado and Montana, which would put it well over 3% of the population (1,125,000).

A 2%+ patient population estimate is supported by data from the Oakland Patient ID Center, which has been issuing patient identification cards to its members since 1996. The OPIDC serves patients from all over the state, but especially the greater Oakland-East Bay area of Northern California, where its cards are honored by law enforcement. As of 2010, the OPIDC had issued ID’s to 19,805 members from five East Bay cities (Oakland, Berkeley, Alameda, Hayward and Richmond), amounting to 2.4% of the local population.Because the cards were issued over a period of 14 years, they include numerous patients who have lapsed, moved, or deceased. On the other hand, they do not include many other local patients who have current recommendations but never registered with the OPIDC.

We have made a similar estimate for Washington State’s patients, who are the only ones in the nation with no registry system in place (Gov. Gregoire recently signed a bill that initiates a voluntary registry).  With a law very similar to Oregon’s concerning qualifying conditions, applying Oregon’s 1.04% patient population figure gives us about 69,000 patients in Washington. However, Washington State’s larger urban centers (Seattle and Spokane), combined with a more liberal law than Oregon’s regarding who can sign recommendations (osteopaths, naturopaths, and nurse practitioners can recommend in Washington) and the lack of a state registry’s burden to patient compliance with the program suggests a higher estimate of 1.5% – 2% may be appropriate.  Numbers like Colorado’s 2.5% and Montana’s 3% are improbable as Washington lacks the greater patient access to dispensaries seen in those states.

Delaware, New Jersey, and D.C.’s programs are not operational yet, so they are not shown in our data table.  Most of the other state’s programs produce reports of patient registry numbers.  With Arizona signing up over 3,600 patients since mid-April, when it’s online-only registration went into effect, Arizona is on track to register over 30,000 patients this year.

Quick Facts about Medical Marijuana States:

• The 1.1 – 1.5 million estimated and registered medical marijuana patients in America are legally entitled to cultivate 17 – 24 million cannabis plants and possess 283 –  402 tons of harvested buds.
• The seventeen jurisdictions with medical marijuana encompass over 90 million Americans and 162 votes in the 2012 Electoral College.
• Patients make up over 3% of the population of Montana, almost 2.5% of Colorado, over 2% of California. and over 1% of Oregon, and Washington.
• After Michigan at 0.76% of population, every other medical marijuana state has less than 3 in 1,000 (0.3%) patients in its population.
• California, Colorado, Washington, Michigan, Oregon, and Montana comprise over 98% of the legal medical marijuana patients in America.
• More than 3 out of four (77% – 83%) of all medical marijuana patients live on the West Coast.
• Rhode Island and Vermont, two states where over 10% of the adult population uses marijuana monthly, have patient populations of 0.29% and 0.05%, respectively.
• Monthly teen use of marijuana is down in every medical marijuana state except Maine.
• Annual highway fatalities are down in every medical marijuana state except Rhode Island.
• Incidents of workplace injuries and illnesses are down in every medical marijuana state.

Delaware: House and Senate lawmakers have given final approval to legislation, Senate Bill 17, which allows for the state-authorized use and distribution of medical cannabis. Senate Bill 17, The Delaware Medical Marijuana Act amends state law so that patients with an authorized “debilitating medical condition” can possess and consume cannabis (up to six ounces) obtained from state-licensed facilities. The measure provides for the establishment of at least one non-profit ‘compassion center’ per county that would be licensed by the state to produce and dispense medical cannabis. The measure now goes before Gov. Jack Markell, a Democrat, who is expected to sign it. If SB 17 becomes law, Delaware will become the sixteenth state since 1996 to allow for the physician-supervised use of marijuana.

Maryland: On Tuesday, Maryland Gov. Martin O’Malley signed legislation, Senate Bill 308, into law expanding the state’s eight-year-old ‘affirmative defense’ law. Senate Bill 308 removes fines and criminal penalties for citizens who, at trial, successfully raise an ‘affirmative defense’ establishing that they possessed limited amounts of marijuana for medical purposes. As initially introduced, SB 308 and its House companion bill sought to establish a government-regulated program to provide qualified patients with legal access to state-licensed producers and distributors of medical cannabis. However, the measure was rewritten after Maryland’s Department of Health secretary testified against it. State lawmakers are expected to revisit the possibility of regulating the production and distribution of medical marijuana next year, after the issue is further examined by a legislative ‘work group’ of medical, legal, and law enforcement professionals.

Vermont: House and Senate lawmakers last week gave final approval to Senate Bill 17, which allows state-licensed facilities to dispense marijuana to medically authorized patients. House lawmakers overwhelmingly backed the proposal despite last-minute warnings from the U.S. Justice Department alleging that SB 17 would conflict with federal anti-drug laws. As approved, each dispensary would be licensed by the state Department of Public Safety and would be permitted to serve up to 1,000 registered patients. Senate Bill 17 now goes to the desk of Governor Peter Shumlin, a Democrat, who is on record in support of the measure.

Connecticut: Members of the Joint Finance Committee this week voted 31 to 20 in favor of Senate Bill 1014, which amends state law so that the adult possession of marijuana is reduced from a criminal misdemeanor (punishable by one year in jail and a $1,000 fine) to a non-criminal infraction, punishable by a nominal fine, no jail time, and no criminal record. This measure would similarly reduce penalties on the possession of marijuana paraphernalia. Members of the Joint Judiciary Committee had previously approved the bill in April. The measure, which is backed by Gov. Dan Malloy, now moves to the Senate, where it faces potential resistance from lawmakers. If you reside in Connecticut, you can support this campaign and/or contact your Senate member in favor of SB 1014 via NORML’s ‘Take Action Center’ here.

California: The California Assembly is considering legislation, AB 1017, to reduce criminal penalties for marijuana cultivation. The bill seeks to downgrade cultivation from a mandatory felony to a “wobbler” or alternative misdemeanor. This would permit judges and DA’s to treat minor cultivation cases as misdemeanors, at considerable cost savings to both users and law enforcement. AB 1017 was approved by the Assembly Public Safety Committee by a 4-3 vote on May 3rd, and is now awaiting a vote by the full Assembly. You can urge your member of the Assembly to vote ‘yes’ on AB 1017 by clicking here.

New York: State Senate and Assembly lawmakers this week introduced bi-partisan legislation, Senate Bill 5187 and Assembly Bill 7620, seeking to reduce marijuana penalties and arrest violations involving cases where where marijuana was either consumed or allegedly possessed in public [NY State Penal Law 221.10]. Under present law, non-public possession of up to 25 grams of marijuana is a non-criminal civil citation, punishable by a $100 fine. However, in recent years, police — particularly in New York City — have misused Penal Law 221.10 to arrest tens of thousands of defendants who would have otherwise faced no more than a civil citation. Passage of SB 5187 and AB 7620 will save taxpayer dollars, protect citizens against illegal searches, and reduce unwarranted racial disparities in arrests by clarifying the law and standardizing penalties for marijuana possession offenses. If you live in New York state you can urge your state Senator and member of the Assembly to support these measures by visiting NORML’s ‘Take Action Center’ here.

Here’s a run down of the latest statewide developments and what you can do to help.

Connecticut: Members of the Joint Standing Committee on Public Health on Tuesday decided in favor of Governor’s Bill 1015, which amends state law to “authorize an individual to use marijuana for medical purposes as directed by a physician.” Members of the Judiciary had previously endorsed the bill, which is backed by Gov. Dan Malloy, in April. “States have a right to decide this for themselves,” Michael P. Lawlor, Gov. Dannel P. Malloy’s senior criminal justice adviser told The Connecticut Mirror this week. If enacted, Connecticut will become the sixteenth state since 1996 to authorize the state-sanctioned use of cannabis when recommended by a physician. You can support this effort via NORML’s ‘Take Action Center’ here.

Delaware: Lawmakers are in the final stages of making Delaware the sixteenth state to allow for the physician-authorized use of marijuana. On Thursday, May 5, House lawmakers approved an amended version of Senate Bill 17, The Delaware Medical Marijuana Act. Senate Bill 17 amends state law so that physician-supervised patients with an authorized “debilitating medical condition” can possess and use marijuana for medical purposes. The measure would also provide for the establishment of non-profit “compassion centers” that would be licensed by the state to produce and dispense medical cannabis. Because House lawmakers made amendments to the Senate version of the bill, the measure must return to the Senate for an additional vote. In March, members of the Delaware Senate voted 18 to 3 in favor of the measure. You can learn more about this measure and how to support it via NORML’s ‘Take Action Center’ here.

Ohio: Legislation that seeks to legalize the physician-supervised use of medical marijuana was reintroduced this week in the Ohio Legislature. House Bill 214, the Ohio Medical Compassion Act, amends state law so that physician-supervised patients with an authorized “debilitating medical condition” can possess and grow marijuana for medical purposes. Full text of the measure can be read here. HB 214 would allow qualifying patients to possess up to two hundred grams of usable marijuana and twelve mature cannabis plants. Qualifying patients from other medical marijuana states would be provided legal protection under this measure. HB 214 has been referred to the House Committee on Health and Aging, but has yet to be scheduled for a hearing. You can contact your state lawmakers in support of this measure here.

Vermont: Vermont lawmakers have cleared the way for the enactment of the state-licensed distribution of medical marijuana. On Thursday, May 5, House lawmakers voted 99-44 in favor of Senate Bill 17, which allows for the state-sanctioned sale of marijuana to qualified patients. Under the bill, four dispensaries may be established to serve up to 1,000 patients. House lawmakers overwhelmingly decided to pass the measure despite warnings from the US Department of Justice claiming that the operation of such facilities could place citizens and state officials in conflict with federal law. Senators previously passed a version of SB 17 in April and are expected to concur with the minor changes made by the House. State Gov. Peter Shumlin supports the measure. Vermont lawmakers legalized the use of marijuana as a medicine in 2004, but the law presently provides no legal source for cannabis aside from home cultivation.

Currently, both Colorado and New Mexico authorize the state-sanctioned distribution of cannabis.

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.)

Arizona: The Arizona Department of Health Services last week finalized rules for the Arizona Medical Marijuana Program. Patients may begin qualifying for the program next week, and dispensary applications will be accepted beginning June 1. Program rules, physician certification forms, and answers to frequently asked questions are all available online here. Arizona is the fifteenth state since 1996 to allow for the use of medical cannabis by qualified patients.

Connecticut: On Tuesday, members of the Joint Judiciary Committee overwhelmingly voted in favor Governor’s Bill No. 1015, which seeks to allow qualified patients to use and cultivate marijuana for medical purposes. The Committee is expected to act on separate decriminalization legislation (See NORML’s recent op/ed in favor here) imminently. You can support both proposals via NORML’s ‘Take Action Center’ here and here. You can get involved with Connecticut NORML here.

Delaware: On Thursday, March 30, members of the Delaware Senate voted 18 to 3 in favor of Senate Bill 17, The Delaware Medical Marijuana Act. The measure now awaits action from the House of Representatives. You can contact your House member in support of this effort via NORML’s ‘Take Action Center’ here.

Montana: Members of the Montana Senate last week resurrected and then passed House Bill 161, which repeals the state’s six-year-old, voter-approved medical marijuana law. Senate lawmakers voted 29 to 21 in favor of the GOP-backed measure, which had previously stalled in committee. The bill is now expected to go before Gov. Brian Schweitzer, a Democrat, who has voiced support for the state’s medical cannabis program. You can contact the Governor and urge him to veto this draconian legislation here. Additional information is available from our allies Montana NORML and Patients & Families United.

North Carolina: Legislation that seeks to legalize the physician-supervised use of medical marijuana has been reintroduced in the North Carolina legislature. House Bill 577 amends state law to “authorize an individual to use marijuana for medical purposes as directed by a physician.” HB 577 would allow patients both the ability to cultivate their own cannabis at home or to purchase it at state licensed distribution centers. This proposal has been referred to the House Committee on Rules, Calendar, and Operations, but has yet to be assigned a hearing. You can urge your lawmakers to support this proposal here.

Vermont: Senate lawmakers are expected to act this week on SB 17, which seeks to allow for state-licensed facilities to provide medical marijuana to authorized patients. Similar legislation is already in place in several states, including Colorado, Maine, New Mexico, and Rhode Island. You can contact your state Senator about SB 17 via NORML’s ‘Take Action Center’ here.

Lawmakers in every New England state are now debating marijuana law reform legislation. Here’s a closer look at what’s happening.

Connecticut: The nutmeg state is the only northeast state besides New Hampshire that has yet to enact some form of marijuana decriminalization or medicalization. But that drought may end this year. Weeks ago, newly elected Democrat Gov. Dan Malloy publicly affirmed 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 has also spoken out in favor of legalizing the physician-authorized use of medical marijuana. (Similar legislation was passed by the legislature in 2007, but was vetoed by then-Gov. Jodi Rell.) 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.

Maine: Maine voters have twice approved ballot initiatives in recent years addressing the medical use and distribution of medical cannabis. And in 2009, Maine lawmakers increased the amount of marijuana that may be classified as a civil offense from 1.25 ounces to 2.5 ounces (the second highest threshold in the nation). This year state lawmakers have introduced a pair of bills, LD 754 and LD 750, to expand the state’s existing marijuana decriminalization law. LD 754 would amend existing law so that the adult possession of over 2.5 ounces but less than 5 ounces is classified as a civil violation. LD 750 would amend existing law so that the cultivation of up to six marijuana plants by an adult is also classified as a civil violation. Both measures have been referred to the Joint Committee Criminal Justice and Public Safety Committee. You can contact your lawmakers in support of these measures here. NORML is also working with state lawmakers regarding the introduction of separate legislation to legalize adult marijuana possession, production, and distribution. You can learn more about this pending legislation here.

Massachusetts: In 2008, a whopping 65 percent of voters in endorsed Question 2 decriminalizing the adult possession of an ounce or less of cannabis to a fine-only civil offense. Now a coalition of state lawmakers are backing House Bill 1371 to legalize and regulate adult marijuana production and sales in Massachusetts. You can watch a 60-minute discussion with the bill’s lead sponsor and supporter here. You can contact your state elected officials in support of HB 1371 here, or by visiting the Massachusetts Cannabis Reform Coalition/NORML here. You can learn about a separate state legislative effort to regulate the use of medical marijuana here.

New Hampshire: Lawmakers this week heard testimony in favor of House Bill 442, which legalizes the physician-supervised use of medical marijuana. (Similar legislation passed both the House and the Senate in 2009, but was vetoed by Governor John Lynch.) You can write your lawmakers in favor of HB 442 via NORML’s ‘Take Action Center’ here, or by contacting NHCompassion.org.

Rhode Island: In coming days, Rhode Island state regulators will become only the third in the nation to begin licensing medical marijuana dispensaries. A coalition of lawmakers is also debating the amending the state’s penalties for non-patients. House Bill 5031 amends 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 $500 maximum fine) to a civil offense, punishable by a $150 fine, no jail time, and no criminal record. You can voice your support for HB 5031 by clicking here.

Vermont: Two separate marijuana law reform measures are pending before Vermont lawmakers. Senate Bill 17 proposes expanding the state’s medical marijuana law to permit the establishment of two nonprofit medical marijuana dispensaries in the state. You can learn more about this measure here. House Bill 427 amends state law so that the adult possession of up to one ounce of marijuana is reduced from a criminal misdemeanor (punishable by six months in jail and a $500 maximum fine) to a civil offense, punishable by a $150 fine, no jail time, and no criminal record. Passage of the measure, which has been endorsed by Democrat Governor Peter Shumlin, will allow state law enforcement to reallocate an estimated $700,000 annually in criminal justice resources. You can contact your House member in support of HB 427 here.

For up-to-date information on marijuana law reform measures pending in other states, please visit NORML’s ‘Take Action Center’ here.

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.

There are three New England states that allow medical patients with a physician’s recommendation to cultivate and use cannabis, Vermont, Maine and Rhode Island (of note, Maine and Rhode Island have recently passed laws that allow for the retail sale and government regulation of medical cannabis products).

No other publication in the world has taught more people about high quality cannabis and how to cultivate it than High Times Magazine. For the low price of $200 and a seven hour investment, medical cannabis patients and cultivators can get the best and most up-to-date information and technology recommendations from the leader in cannabis cultivation information for over 35 years.

For over 35 years, HIGH TIMES has taught the world how to grow – and now this is your chance to learn in person from HIGH TIMES cultivation experts Danny Danko and Nico Escondido!  Topics will include:

• Beginner indoor and hydro growing
• Getting the most out of your plants
• Choosing medicinal strains
• Cultivating and medicating legally
• Special presentation by Allen St. Pierre, Executive Director of NORML
  
• And more!

***Seating for this event is extremely limited and tickets may only be purchased online in advance***

With cannabis retailing for $300-$600 an ounce these days, home cultivation is consistent with New Englander’s love of thrift and self-reliance! I should know as I was born in down east Maine, grew up on Cape Cod and schooled in Amherst…

Please join me and a number of expert cannabis cultivators and High Times editors in Rhode Island next Saturday afternoon as the investment in time and money to travel in from all points of New England (and up from soon-to-be medical cannabis state New Jersey and the District of Columbia; as well as New York and Pennsylvania) will be well worth-the-while for the education, networking opportunities and comradery.

Marijuana Law Reform in 2010 (March Update)

With New Jersey recently becoming the 14th medical marijuana state, activists in marijuana law reform have been celebrating. After all, over 82 million Americans now live in states where medical use of marijuana is legal – that’s 27% of the US population! Last election, Massachusetts became the 13th decriminalization state, which means over 107 million Americans live in a state where possession of small personal amounts of marijuana no longer merit an arrest – that’s 35% of the US population.

Population of States with Medical Marijuana Laws

Population of States that have Decriminalized Marijuana

However, after watching fourteen years of marijuana activism focused solely on those who use cannabis for medicine, I must warn activists that medical marijuana is not getting any better and the time for re-legalization of cannabis for all adults – even the healthy ones – is now.

Comparison of five core rights found in existing medical marijuana law

California legalized medical marijuana in 1996. That initiative, Prop-215, established what is clearly the most liberal medical marijuana statute to date:

• A doctor can recommend for any condition;
• You needn’t have a “bona fide” doctor/patient relationship;
• Dispensaries are allowed;
• Self cultivation is allowed;
• Patients are protected from arrest.

Comparison of plant and possession limits and qualifying conditions in medical marijuana law

If we consider these five attributes of the law the baseline, then in the past fourteen years, all thirteen medical marijuana states that have followed have failed to achieve all five. Eight states only offer three or four of those liberties and the rest offer two or only one. Most disturbingly, the right of patients to grow their own medicine (or have a caregiver do it for them), which has been a bedrock principle in medical marijuana law, was taken away from patients in the most recent medical marijuana state, New Jersey. Bills that were considered but vetoed in 2009 in Minnesota and New Hampshire, and those moving forward in New York, Pennsylvania, as well as an initiative in Arizona, all sacrifice this core right.

New Jersey - The (No Medical Marijuana) Garden State

A comparison of plant and possession limits also shows the decline from the original starting point in California, where 12 plants and 8 ounces are allowed. Oregon and Washington passed their laws next and have the highest statutory limits: 24 plants and 24 ounces in Oregon and 15 plants and 24 ounces in Washington. (To be fair, all the West Coast states started with lower limits or more vague limits that were modified by the legislature.) But since then, only one state has allowed more than 3 ounces (New Mexico with 6 ounces) and average number of plants allowed is a little less than ten.

The "Big 8" Conditions for which marijuana is recommended in the states

Another decline in medical marijuana freedom appears when we look at the conditions for which medical marijuana protection is afforded in the various states. There are eight conditions which could be considered the “standard” ones: cancer; HIV/AIDS; seizure disorders, like epilepsy; spastic disorders, like multiple sclerosis; glaucoma; chronic nausea; cachexia; and chronic pain. Most medical marijuana states recognize all eight conditions; a couple (Vermont and Rhode Island) recognize seven of eight.

Other conditions recognized in state medical marijuana laws (not a complete list)

The latest law in New Jersey, however, eliminated chronic pain, chronic nausea, and cachexia, making it the most restrictive list in the nation. The bill proposed but vetoed in New Hampshire required one to try all other remedies for chronic pain before trying medical marijuana. The vetoed Minnesota bill wouldn’t even allow cancer and HIV/AIDS patients to use medical marijuana unless they could show they were terminal (about to die). The lists in the latest proposed bills continue to become more restricted.

Until we do have legalization for all, every medical marijuana law is going to fail to adequately serve all medical users and subject them to increasing restriction and scrutiny. Additionally, medical marijuana laws make patients an attractive target for criminals because prohibition maintains huge profits for stolen medical cannabis, as well as becoming targets for overzealous anti-marijuana cops and prosecutors.

The reason the recent medical marijuana laws are losing ground is not a failure of the medical marijuana strategy, but rather due to its success. Medical marijuana has portrayed the herb as “powerful and effective medicine”. Well, what do we do with powerful and effective medicines? We keep them under lock and key. We require people to visit doctors. We strictly monitor prescription pads. We bust people who have them without proper papers.

Rather than justifying the prohibitionists’ shibboleth of medical marijuana as “the camel’s nose under the tent” for legalization, I’m arguing it’s the opposite: that continuing the medical marijuana strategy further cements the “powerful and effective medicine” frame and takes us farther away from treating cannabis as a personal choice of relaxant. We’ll get to a point where the public accepts “powerful and effective cannabis medicine” and looks upon personal use like we look at someone getting fraudulent scrips for painkillers.

If one of the West Coast states doesn’t pull off legalization soon, the pendulum is going to swing back the other way on marijuana. The economic incentives may fade if the economy recovers and then the tax & regulate argument fizzles. And if we are going to continue working on medical marijuana, the bills and initiatives need to get better, not worse. The way it’s looking now is that the Northeast and upper Midwest are going to institute chronic conditions-only, 2 oz limit, strict registry, only personal doctor, no home grow, state-run dispensary medical marijuana for $15/gram in the next six years. How then do we approach those people and say, “Hey, you know that powerful and effective medical marijuana that you only let a few hundred really sick people use after jumping though a mile of hoops? We think everybody should have it and jump through no hoops!”

Medical marijuana would never have passed in any state if it were not for the votes of non-medical users of marijuana. I do believe it is time for medical marijuana patients in the states that have programs to “repay the favor” and fight as hard for legalization as social tokers fought for medical. Only patients can best make the argument that while prohibition exists, they will always face job discrimination, loss of child custody, high black market prices, housing discrimination, and the sneers of the Bill O’Reillys who think 99% of medical marijuana patients are faking. So long as the prohibition profit exists, there will always be these CBS Undercover investigations casting a pall on all legitimate medical marijuana because of the irresponsible acts of a few.

Maybe I’m just too much of a dreamer. I imagine acres and acres of hemp fields, huge indoor hydroponic cannabis warehouses, thriving cafes and coffeehouses, some folks growing their own in a garage or closet, regular outdoor festivals and special indoor events where cannabis smoking is permitted, buying and selling all varieties of cannabis from ounces at a farmer’s market to bulk bales at CostCo… and none of that is done with “powerful and effective medicines”.

I don’t think that it is reformer’s job to pass medical marijuana in all fifty states first and then worry about legalization in one. I think states that have medical should be moving forward on legalization, states without should focus on better medical laws by calling prohibitionists’ bluff on “marijuana outta control!” in the Western states with liberal medical laws.