Since its founding, NORML has advocated that statewide legalization efforts – whether through a ballot initiative or using the legislative process – should ideally include provisions that permit and protect the act of home cultivation by marijuana consumers. This advocacy has resulted in more than 16 states now allowing home cultivation, including in six of the eight voter-initiated measures passed in 2016.
But although there has been a tremendous amount of progress on this issue, it appears that home cultivation is now at risk in several municipalities across Colorado and California. Local and state lawmakers in both jurisdictions are revisiting the issue and are moving toward unnecessarily limiting adult’s home cultivation rights.
Most recently, representatives with Denver’s Office of Marijuana Policy revealed a plan to, “limit unlicensed recreational and medical grows in private residences,” throughout the city of Denver. This decision came after months of closed-door meetings between regulators and leading marijuana industry interests such as the Marijuana Industry Group (MIG); which together, form what’s being called the, “Non-Licensed Marijuana Grows Inspection Team.”
Although there has been little to no mention of specific details regarding this proposed program, many are anticipating the new regulations to resemble those that have come under fire in Indian Wells, California. In that city, lawmakers are pushing for regulations mandating that anyone who wishes to cultivate marijuana in their home must purchase an annual permit and must also allow inspectors into their residence. This amounts to an absolutely unnecessary burden for responsible, law-abiding citizens.
In recent days, Denver NORML became inundated with emails, messages and comments on social media demanding a response to what many believe is a blatant overreach by city government officials. In response, members of Denver NORML, led by Executive Director, Jordan Person, began mobilizing volunteers to contact members of the Denver City Council with the goal of defending the rights and privacy of marijuana consumers in the city of Denver.
“With all of the uncertainty we are expecting in 2017 at both the local and state level our goal at Denver NORML is to help maintain our rights as residents of Colorado to grow in our homes,” said Person. “We will keep our members and supporters informed and part of the conversation as it happens.”
While it’s obvious that there’s a tremendous amount of work that goes into regulating Colorado’s legal marijuana industry, most marijuana consumers would never support any effort that would attempt to bring similar regulations into the privacy of their homes. Not to mention the fact that the creation of a task force or any other bureaucratic process to approve and/or oversee the cultivation of marijuana in a private residence amounts to a severe misuse of tax dollars and violation of privacy when those limited resources could be dedicated to combating actual problems in our communities.
Without providing any data points related to the correlation between home cultivation and out-of-state diversion, those advocating for tighter regulations deserve to fail in their attempt to convince marijuana consumers that allowing regular visits from government officials in their homes is a good idea. Adults who brew their own beer are not subject to inspections by the state and neither should those who choose to grow personal use quantities of marijuana. Furthermore, criminalizing the personal cultivation of marijuana is an arbitrary prohibition that has absolutely no basis in public safety. Therefore NORML will continue to support the right of individuals to grow their own marijuana as an alternative to purchasing it from licensed commercial producers.
To join the fight to protect home cultivation, check out NORML’s action page by visiting http://norml.org/act or for more information, please email Chapters@NORML.org.
Tax revenue collection from retail marijuana sales in Colorado, Oregon, and Washington is exceeding initial projections, according to a new report published by the Drug Policy Alliance.
Marijuana-related tax revenue in Colorado totaled $129 million over the 12-month period ending May 31, 2016 – well exceeding initial estimates of $70 million per year, the report found. In Washington, tax revenue totaled $220 million for the 12-month period ending June 30, 2016. Regulators had initially projected that retail sales would bring in $162 million in new annual tax revenue. In Oregon, marijuana-related tax revenues are yielding about $4 million per month – about twice what regulators initially predicted. (Alaska has yet to begin collecting tax revenue from cannabis businesses.)
The report also finds that adult use marijuana legalization has not been associated with any increases in youth use of the substance, nor has it had an adverse impact on traffic safety. “In Colorado and Washington the post-legalization traffic fatality rate has remained statistically consistent with pre-legalization levels, is lower in each state than it was a decade prior, and is lower than the national rate,” it determined. A separate report published by the CATO Institute recently provided similar findings.
In addition, the new reports finds that marijuana-related arrest totals have fallen significantly in jurisdictions post-legalization. According to the DPA’s report, the total number for all annual marijuana-related arrests decreased by 59 percent in Alaska, by 46 percent in Colorado, by 85 percent in the District of Columbia, and by 50 percent in Oregon. In Washington, the number of low-level marijuana court filings fell by 98 percent.
To read the full report, please click here.
California: NORML is opposing pending legislation in the Senate that seeks to impose retail sales taxes on the purchase of medical cannabis. Senate Bill 987 imposes a special 15 percent statewide tax upon medical marijuana sales, in addition to the imposition of existing state and local taxes.
While NORML generally does not oppose the imposition of fair and reasonable sales taxes on the commercial sales of cannabis for recreational purposes, we do not support such excessive taxation on medical sales. Laws enacted by the legislature last year to regulate medical marijuana explicitly did not include additional taxation, and lawmakers should not try to impose such taxes now.
The legislation is scheduled to be considered by members of the Governance and Finance Committee on April 6th. If you live in California, please #TakeAction and contact your lawmakers to urge them to reject this unnecessary measure!
Connecticut: Members of the House Public Health Committee have approved legislation to allow qualified patients under 18 years old to use medical marijuana to treat their debilitating illnesses. Patients who’ve met the necessary requirements would need the consent of a parent or guardian to receive the drug. Presently, Connecticut is the only medical marijuana state that explicitly prohibits use by minors.
Also, on Tuesday, April 5, Reps. Toni Walker and Juan Candelaria will hold an informational hearing on the merits of legalizing the adult use of marijuana. The hearing is open to the public and will take place at 10:00AM in hearing room 2E of the Legislative Office Bldg, 300 Capitol Ave, Hartford, CT 06106.
Florida: Governor Rick Scott signed legislation, House Bill 307, into law to permit medical marijuana access to people diagnosed with terminal illnesses. House Bill 307 expands the state’s so-called ‘Right to Try Act’ – legislation that permits terminally ill patients to experiment with non-FDA approved remedies – to include the use of medicinal cannabis. Under the new law, which takes immediate effect, qualifying patients are eligible to access both low-THC and high-THC strains of cannabis. The measure also seeks to expand a 2014 state law intended to provide low-THC varieties of cannabis to patients with pediatric epilepsy, chronic muscle spasms, or cancer. However, this law is not yet operational.
Illinois: Senate bill 2228, legislation to decriminalize the possession of personal use quantities of marijuana, was approved by members of the Senate Criminal Law Committee. If passed, Senate Bill 2228 would amend state law so that the possession of up to ten grams of marijuana is no longer classified as a criminal offense. Currently, those caught possessing that amount could face up to six months of jail time and fines of up to $1500. Under the proposal, offenders would instead be issued a civil citation and have to pay a fine of $100 to $200. The marijuana would be confiscated at the time of offense. The bill also amends the state’s zero tolerance per se traffic safety law.
The legislation is anticipated to be voted on by the full Senate in early April. You can #TakeAction to contact your state Senator and urge their support for this legislation!
Maine: House lawmakers voted ‘ought not to pass’ on legislation, LD 1628, to impose presumptive impairment standards in cases where low levels of THC is detected in the blood. NORML is actively opposing this measure, which states that the detection of 5 ng/ml or more of THC in a driver’s blood “gives rise to a permissible inference … that [a] person is under the influence of intoxicants.” NORML would like to thank those House lawmakers that recognized this legislation as an unscientific and disproportionate response to behavior that is already sufficiently addressed by present traffic safety laws.
Massachusetts: Legislation to regulate the cultivation and promotion of industrial hemp received attention this week when lawmakers hosted celebrity Tim Gunn at the Massachusetts State House so he could express his support for regulating the crop. If passed, the measure would establish policies and procedures to allow for the commercial cultivation of industrial hemp if/when federal law permits such activity. You can #TakeAction and contact your state lawmakers to urge their support for this common sense legislation.
New York: New York legalized medical marijuana in 2014, however the law is one of the most restrictive in the country. Lawmakers have introduced 11 separate bills this session to expand the program and significantly increase access to those patients who so desperately need it. To read more about these pending measures and to contact your lawmakers to urge their support, #TakeAction.
Ohio: On Thursday, the Ohio Ballot Board certified an initiative to establish a comprehensive medical marijuana program in the state. Proponents of the initiative must now collect 305,591 required signatures by early July in order to qualify it for the ballot. You can read the full text of the initiative here.
Oregon: Governor Kate Brown signed legislation, Senate Bill 1511, allowing adults 21 and older to immediately become eligible to purchase marijuana extracts and marijuana infused edibles from Oregon dispensaries. In 2014, residents in Oregon voted to legalize the adult use and retail sale of herbal marijuana. Senate Bill 1511 legally permits adults to also purchase limited quantities of cannabis-infused products, such as edibles and extracts.
Vermont: The House of Representatives continues to weigh Senate Bill 241, legislation to regulate the adult use, production, and sale of cannabis. Multiple House committees have held hearings in recent dyas to consider public testimony on the subject while Gov. Peter Shumlin has publicly reaffirmed his support for the measure. In an interview released this week with TIME, Governor Shumlin discussed the merits of marijuana legalization and described the reform as something “enlightened states” do. You can read the full interview here.
Washington: House and Senate lawmakers voted 131 to 6 to override Governor Jay Inslee’s veto of Senate Bill 6206, which establishes limited licensed hemp production. The Governor had previously vetoed the bill, along with several others, in response to lawmakers’ failure to pass a comprehensive budget plan. Senate Bill 6206 authorizes “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.
Don’t forget to buy your Early Bird tickets for our 2016 Congressional Lobby Day that is taking place May 23rd and 24th! The schedule will be released soon but rest easy it will be a full two day itinerary focused around marijuana consumerism, the 114th Congress, post prohibition concerns, marijuana in the media and more! We’ll hold our informational conference on Monday with moderated discussions between some of the most influential thought leaders in the movement and then on Tuesday we’ll #TakeAction and gather on Capitol Hill to lobby our elected officials for common sense marijuana law reforms.
We’ll also be hosting a NORML Social at O St. Mansion on Monday night for a special award ceremony to honor our most valuable marijuana activists! If you wish to join the party don’t forget to purchase a separate ticket at checkout.
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.
Plenty of marijuana law reform legislation was introduced in state legislatures across the country this week! We have news out of Georgia, Kansas, Maryland, New Hampshire, Utah and Washington. Plus some news from abroad! Keep reading below to get the latest news in marijuana law reform from this week.
Chile: A medical marijuana farm in the country was officially “inaugurated” this week, signifying a growing approval of medical marijuana use in the region. The farm is the largest medical marijuana plantation in Latin America and will provide medicine to about 4,000 patients in the country.
Israel: The Knesset Labor, Social Affairs and Health Committee held a joint session with the Anti-Drug and Alcohol Committee to discuss reform of the country’s medical marijuana regulations. Currently only a small number of doctors can prescribe the medicine and there is a shortage of supply so officials are looking to expand physician privileges to prescribe cannabis.
“People are dying and suffering [from lack of the drug],” they said. “We have heard grandiose promises, but so far there are no answers. There is plenty of bureaucracy that doesn’t know how to deal with individual cases.
Mexico: After a series of public debates and bipartisan support, a bill to allow the importation of medical marijuana products is expected to pass by May.
“The bill, proposed by Institutional Revolutionary Party Senator Cristina Diaz, aims to change Mexican laws to allow the import of medical marijuana products to help the roughly 5,000 medical patients currently without access to such drugs.”
Georgia: A newly introduced Senate Resolution seeks to place a constitutional amendment on the November 2016 ballot to regulate adult marijuana use.
SR6 would allow voters to decide if they wish to regulate the commercial cultivation, processing, and retail of marijuana to adults over the age of 21. You can read the full text of this proposal here. To contact your lawmakers and urge their support for the measure, click here.
Kansas: Senate lawmakers are considering legislation, HB 2049, to amend various penalties and regulations specific to marijuana possession and use.
House Bill 2049 seeks to a) establish a statewide research program to oversee the production of industrial hemp, b) authorize the limited use of cannabidiol for therapeutic purposes, and c) reduce 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).
Click here to learn more and urge your lawmakers to support this legislation.
Maryland: January 21, members of the Maryland House and Senate voted to override a 2015 veto and to decriminalize the possession of marijuana paraphernalia.
Senate Bill 517 amends existing criminal penalties regarding the possession of marijuana-related paraphernalia from a misdemeanor, punishable by possible jail time, to a civil violation. However, amended language also includes a provision establishing a civil fine of up to $500 for offenses involving the use of marijuana in public. NORML and our affiliates will be working in the future to amend this penalty.
On January 27th, the House Criminal Justice and Public Safety Committee will be voting on the three separate bills that would legalize various amounts of marijuana.
For more information or to urge your lawmakers to support legalization in New Hampshire, click here.
House bill 1631, legislation to decriminalize the possession of small amounts of marijuana, is also pending in the House of Representatives.
Utah: SB 73, the Medical Cannabis Act, sponsored by Sen. Mark Madsen, was introduced this week and seeks to amend state law to permit for the state-licensed cultivation of cannabis, including strains with higher THC content, for the manufacturing of medicinal products and/or herbal preparations.
Under a 2014 law, qualifying patients are permitted to possess cannabis extracts that contain more than 15 percent CBD and no more than 0.3 percent THC. However, the law provides no legal supply source for these products and, as a result, it has largely failed to meet the needs of patients.
Competing legislation seeks to only permit the use of CBD in pill or oil form and prohibits any form of THC.
Click here to contact your lawmakers and urge them to support SB 73!
Washington: Newly introduced legislation, HB 2629, The Adult Home Grow & Criminal Reduction Bill would permit adults to grow a limited number of marijuana plants for personal use.
Click here to urge your lawmakers in Washington to support these measures.
Additional information for these and other pending legislative measures may be found at our #TakeAction Center!
** A note to first time readers: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so. NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and to make the changes they want to see. Get active; get NORML!