Marijuana Legalization Zeitgeist In America To Continue Into 2010: Federal Government Lags Behind The States

Already Four States Have Marijuana Legalization Bills In Play; Californians To Vote On Legalization in 2010

It can readily be said that 2009 was one of the busiest and most productive years in cannabis law reform since NORML’s founding in 1970. However, it appears as if 2010 is going to be an even busier year–notably marked by the increasing number of actual state legalization bills and a voter initiative in America’s most important state.

Currently, there is legalization legislation pending in California, Massachusetts, Vermont, and a legalization bill was just introduced this week in Washington. Frankly, most of these bills do not have a strong prospect in passing this time out, however the immense public discussion that is generated is crucial for overall reform efforts.

The formula is simple: No public discussion or debate about legalization, obviously equates to no substantive law reforms. This is what regrettably happened in the United States, Canada and Europe from 1980-2000, buttressed by extreme federal anti-marijuanism in the form of the DARE program in the public school, the blitzkrieg of Partnership for a Drug-Free America ads polluting media airwaves and omnibus federal crime bills overloaded with severe and costly penalties (i.e., mandatory minimum sentencing, civil forfeiture, mass drug testing, etc…). However, since the turn of the century, there have been ever-increasing public discussions and debates about marijuana prohibition–principally driven by the creation and implementation of medical cannabis laws in thirteen states–which is leading to greater public support for reform.

Breaking News: NORML has just learned that the TaxCannabis2010 initiative in California has gathered more than enough signatures to qualify for the 2010 ballot and the announcement of such is imminent (like, this week!).

This coming year the following states will have numerous cannabis law reform legislation or initiatives:

Medical Cannabis

State legislation: MN, IL, MO, OH, TN, MD, NC, PA, DE, OH, WI, NY, CT, MA, NH and TX; NJ has a special legislative session going on right now until January 7, 2010 where a pro-reform medical cannabis bill is pending and the outgoing Governor assures a signature to passed legislation.

Voter Initiatives: AZ

Cannabis Legalization

State legislation: VT, MA, WA; CA’s legalization bill (AB 390) will kickoff a smoking hot year in cannabis law reform with a series of planned subcommittee hearings and testimonies currently scheduled for the first week in January.

Voter Initiatives: TaxCannabis 2010 appears ballot bound and this means that Californians will have the opportunity on November 9, 2010 to effectively end cannabis prohibition in the United States, and arguably most of the of the civil world. Also, Nevada and Oregon voters may also be voting on cannabis legalization initiatives in 2012.

In a country where one out of eight citizens live in a particularly state, and that state’s citizens democratically vote to end cannabis prohibition and replace it with tax-and-control measures, it is only a matter of time before a number of other states follow suit, then the federal government must end it’s failed three-quarter of a century social experiment of cannabis prohibition.

Marijuana Law Reform Is A Political Opportunity — Not A Political Liability

Last January I proclaimed in the The Hill‘s Congress blog: “Marijuana law reform is no longer a political liability; it’s a political opportunity.” Ten months later it appears that an unprecedented number of state-elected officials are heeding the message. Here’s just a sample.

COLORADO: Last week the Commission on Criminal and Juvenile Justice recommended legislators to substantially reduce marijuana penalties so that the possession of up to four ounces of pot would classified as a petty offense. Offenses involving greater amounts of cannabis (up to 16 ounces) would be reduced to a misdemeanor. State Attorney General John Suthers told the Denver Post that he supports the Commission’s recommendations which, if enacted, would make Colorado’s pot possession laws among the most lenient in the nation.

RHODE ISLAND: A special nine-member Senate panel met for the first time this week to debate revising the state’s criminal marijuana policies. The panel’s chair, Democrat Sen. Joshua Miller, said that the task-force will primarily focus on the subject of decriminalization, but that members will also likely debate the merits of taxing a regulating the adult use of cannabis. The panel’s recommendations to the legislature are due on January 10, 2010. In 2009, Rhode Island’s legislature became only the second to approve legislation licensing the establishment of medical cannabis dispensaries.

WISCONSIN: Democrat Gov. Jim Doyle recently announced his support for legislation that seeks to make Wisconsin the fourteenth state to allow for the legal use of medical cannabis. Both the Assembly and the Senate Public Health Committees are scheduled to hear testimony in favor of the legislation, known as the Jacki Rickert Medical Marijuana Act, on Tuesday, December 15, 2009.

WASHINGTON: Incoming Seattle city attorney Peter Holmes announced this week that his office will no longer charge anyone with simple marijuana possession offenses. “We’re not going to bring any more (marijuana possession) charges,” he said. There are other more important, more pressing public safety matters in need of attention with the limited resources we have.” Holmes added that he supports legislation that stalled in 2009 that seeks to depenalize marijuana. Those proposals are expected to be heard by the legislature in 2010.

PENNSYLVANIA: Next month legislators will hold their first hearing — ever — on legalizing the use of medical cannabis. The House Committee on Health and Human Services will hear testimony on HB 1393, The Barry Busch Compassionate Use Medical Marijuana Act of 2009, on Wednesday, December 2, at 11am in Room 140 of the Main Capitol. Contact Philly NORML for further details.

ARKANSAS: Democrat Senator Randy Laverty announced this week that he is considering introducing legislation to lessen or eliminate criminal penalties for marijuana possession offenses. Legislators in several other states, including New Hampshire and Texas, are also expected to debate marijuana legalization proposals in 2010.

CALIFORNIA: In the coming months legislators are expected to hold additional hearings on Assembly Bill 390, the Marijuana Control, Regulation, and Education Act, which seeks to tax and regulate the commercial production and retail sale of cannabis to those age 21 or older. The California Assembly Committee on Public Safety is anticipated to vote on the measure by late January. The vote will mark the first time that California, or the legislature of any state, has voted on the issue of cannabis regulation in over three decades.

By any standard, 2010 will be a historic year for legislative activity regarding marijuana law reform. Will you play a role in bringing common sense marijuana regulations to your community? Get active, get NORML, and be the change you want to see!

NORML’s Weekly Legislative Round Up

Wow, things are really heating up! If you have not yet gotten active in your state, now is most definitely the time to start. State legislatures around the country are taking significant strides to reform their marijuana laws, and here’s how you can help!

California: On Monday, state Assemblyman Tom Ammiano introduced AB 390, The Marijuana Control, Regulation, and Education Act — the first bill ever in legislature to legalize and regulate the commercial production and sale of marijuana in California. You can see local, network, and national media coverage of this effort here, here, and here. If you live in California, please go here to contact your state assemblyman and urge him or her to support AB 390.

New Jersey: Lawmakers took a major step on Monday toward making New Jersey the fourteenth state to legalize the medical use of cannabis. Senators voted 22 to 16 in favor of Senate Bill 119, the New Jersey Compassionate Use Medical Marijuana Act. But this battle is only half over. Members of the New Jersey Assembly must also vote on this issue. If you reside in New Jersey, please take a moment to contact your members of the state assembly and urge them to support companion bill, A804. You can further support this effort by contacting the Coalition for Medical Marijuana – New Jersey or NORML New Jersey.

**Note: Additional information and interviews regarding these breaking events in California and New Jersey are available here on the NORML Daily Audio Stash podcast.

Montana: Ready for even more good news? Senate lawmakers in Montana today voted 28 to 22 in favor of SB 326, which seeks to expand the state’s medical marijuana laws. As introduced, SB 326 (1) Expands the number of qualifying conditions for which marijuana may be legally recommended; (2) Increases the amount of marijuana a patient may legally possess; and (3) Prohibits employers and landlords from discriminating against medicinal marijuana patients solely because of their medical status. NORML thanks all of you who took the time to support this important measure, which now moves to the House for consideration. For more information about this and other statewide marijuana law reform efforts in Montana, please contact Montana Patients and Families United or Montana NORML.

Washington: Finally, last week the Senate Judiciary Committee approved SB 5615, which seeks to reduce the penalty for minor marijuana possession offenses to a civil fine of no more than $100. You can listen to audio from the hearing and vote here. This proposal now goes before the Senate Rules Committee, which must take action on the bill to put it before the full Senate. Tell them to do so by going here.

To learn about additional pending legislation in Alabama, Connecticut, Illinois, Minnesota, Missouri, Oregon, Rhode Island, Tennessee, and Texas, please visit NORML’s Legislative Action Alerts page here.

NORML’s Weekly Legislative Round Up

Marijuana law reform bills are now pending in nearly two dozen states. Here is this week’s summary of pending state legislative activity and tips on how you can become involved in changing the marijuana laws in your area.

Montana: Lawmakers introduced a measure this week to make minor marijuana offenses a civil violation. House Bill 541 would amend state law so that the possession of up to 30 grams of marijuana is reduced from a criminal misdemeanor (punishable by up to six -months in jail) to a $50 fine. The proposal is now before the House Judiciary, which is expected to hear testimony in favor of the bill in March. You can show your support for HB 541 by going here. Similar pot decriminalization proposals are pending in Vermont, Washington, and Hawaii.

Update!!! Update!!! Update!!!  In related Montana news, the Senate is now anticipated to vote on SB 326, and act to expand the state’s medical marijuana program, by the end of this week.  For more information, please contact Montana Patients and Families United here.

Kentucky: Kentucky legislators are trying to misuse the state’s traffic safety laws to target adults who use marijuana responsibly in the privacy of their own home. It’s up to us to stop them. This week, Senators approved SB 5, which seeks to criminalize anyone who operates a motor vehicle with any detectable level of marijuana in their blood. Under the strict interpretation of this standard, responsible marijuana consumers who last used cannabis days earlier could still be potentially arrested and prosecuted for ‘drugged driving’ — even if they are completely sober. NORML recently testified against a similar proposal in New Hampshire, which legislators rightfully dismissed as improper and illogical. Please help us derail SB 5 in Kentucky by contacting the members House Judiciary Committee and urging them to vote ‘no’ on 5.

New Jersey: The Senate is expected to vote on Monday, February 23, on Senate Bill 119, the New Jersey Compassionate Use Medical Marijuana Act. If passed, this measure would make New Jersey the fourteenth state to allow for the physician-supervised use of medicinal cannabis. Governor Jon Corzine backs the measure, as do many of the state’s largest newspapers. Residents in New Jersey are strongly encouraged to write or call their senators now and urge them to vote ‘yes’ on SB 119.

Washington: Members of the Senate Judiciary Committee heard testimony this week in favor of Senate Bill 565 — an act to reclassify the possession of forty grams or less of marijuana from a misdemeanor to a class 2 civil infraction. You can read about the hearing here, and urge the Committee to back the measure by going here.

To learn about additional pending legislation in Alabama, Connecticut, Illinois, Minnesota, Missouri, Oregon, Rhode Island, Tennessee, Texas, and Virginia, please visit NORML’s Legislative Action Alerts page here.

NORML’s Weekly Legislative Round Up

Marijuana law reform bills are now pending in nearly a dozen states. Here is this week’s summary of pending state legislative activity and tips on how you can become involved in changing the marijuana laws in your area.

Connecticut: Legislators introduced a bill this week to decriminalize the personal use of marijuana. Senate Bill 349 would amend Connecticut law so that adults who possess one ounce of marijuana or less will be issued tickets and assessed a nominal fine in lieu of criminal charges (up to one-year in jail, under current law). In the House, lawmakers will consider HB 5175, which seeks to legalize the medical use of cannabis. (The legislature passed a similar measure in 2007, only to have it vetoed by Gov. Jodi Rell.) Both bills are now before the Joint Judiciary Committee. Please show your support for these efforts here.

Montana: Legislators tabled a pair of bills this week pertaining to the state’s medical marijuana patient registry. Members of the Senate Judiciary Committee today killed SB 212, a measure that NORML strongly opposed. However, in the House, members of the Human Services Committee deadlocked on House Bill 73, which would have allowed patients greater access to medical cannabis. A separate, more comprehensive measure to expand Montana’s medical marijuana program is expected to be introduced imminently.

New Hampshire: House Bill 648, an act to legalize the medical use of marijuana, is now before the House Health, Human Services & Elderly Affairs Committee. A similar bill was narrowly rejected (186-177) by the House in 2007. For more information on this measure, please visit NHCompassion.org or click here.

South Dakota: Lawmakers will hold hearings next week on a pair of bills to protect medical marijuana patients from arrest and jail. House Bill 1127, an act “to provide safe legal access to medical marijuana for certain qualified persons,” will be heard by the House Health and Human Services Committee at 7:45am on Tuesday, February 3. The House Judiciary Committee will hear testimony regarding a separate medical marijuana bill on Wednesday. To attend these hearings or to learn more about how you can support these efforts, please visit South Dakota NORML/South Dakotans for Safe Access or go here.

To learn about additional pending legislation in Minnesota, Missouri, New Jersey, Texas, Virginia, and Washington, please visit NORML’s Action Alerts page here.