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LEGISLATION

  • by Paul Armentano, NORML Deputy Director October 1, 2018

    Democrat Gov. Jerry Brown has signed legislation, Assembly Bill 1793, facilitating the review and expungement of hundreds of thousands of past marijuana convictions.

    The new law requires “the Department of Justice, before July 1, 2019, to review the records in the state summary criminal history information database and to identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to AUMA (the Adult Use Marijuana Act).” Prosecutors would have up to a year to either vacate the conviction or to reduce it from a felony to a misdemeanor.

    An estimated half-million Californians are eligible for relief under the law. “Long after paying their debt to society, people shouldn’t continue to face the collateral consequences, like being denied a job or housing, because they have an outdated conviction on their records,” the bill’s sponsor, Assemblyman Rob Bonta, said.

    Other states – including Delaware, Massachusetts, Maryland, Oregon, and Rhode Island – have enacted similar expungement laws following the passage of either marijuana decriminalization or legalization.

    Governor Brown also took action on several other marijuana-related bills. Specifically, he vetoed Senate Bill 1127, which permitted certain students to access medicinal cannabis products on school grounds, and Assembly Bill 1996, which authorized the University of California’s Center for Medicinal Cannabis Research to cultivate marijuana for clinical trial research. The Governor also vetoed Senate Bill 829, which prohibited cultivation taxes from being imposed on medicinal cannabis designated for donation to indigent patients, and signed into law Senate Bill 1294, which allocates grant funding to assist minority-owned businesses in the cannabis industry.

  • by Carly Wolf, NORML Political Associate September 28, 2018

    Welcome to the latest edition of NORML’s Weekly Legislative Roundup!

    This week, the DEA put Epidiolex in Schedule V, the least restrictive category of the Controlled Substances Act. This does not apply to CBD or other non-FDA-approved extracts.

    U.S. Customs and Border Protection released an official statement confirming the federal government’s policy of banning Canadians who work or invest in the marijuana industry from entering the country.

    The U.S. House Rules Committee blocked another marijuana measure from being considered, this time it was an amendment concerning the 280E tax penalty on marijuana businesses.

    At the state level, Pennsylvania state Rep. Jake Wheatley filed a bill that would permit the use, possession, and retail sale of adult use marijuana and also expunge some marijuana convictions.

    New Jersey lawmakers are expected to vote on a marijuana legalization bill on October 29. The bill still has yet to be introduced.

    Governor Andrew Cuomo (D) of New York announced two new listening sessions marijuana legalizing implementation. These are in addition to the 15 that had already been scheduled. See the full list of sessions here. Cuomo also signed a bill into law adding acute pain management to the list of conditions for which medical marijuana can be recommended in place of opioids.

    Governor Jerry Brown (D) of California vetoed a bill to expand and facilitate marijuana research. But he signed bills allowing local governments to allow temporary marijuana events, and to create a grant program to assist with the implementation of local measures to ensure equity in the cannabis industry, and others.

    At a more local level, Washington, D.C. Mayor Muriel Bowser (D) announced that some arrests for public use of marijuana will result in citations, rather than people being taken into custody.

    Seattle, Washington municipal court judges have agreed to vacate convictions and dismiss charges for misdemeanor marijuana possession stemming from before legalization.

    Oklahoma City approved a measure to decriminalize marijuana possession. Kingsland, Georgia also approved a measure to remove jail time for possession of up to one ounce of marijuana. And similarly, Lancaster, Pennsylvania approved a measure to decriminalize marijuana.

    Following are the bills we’ve tracked still sitting on the desk of California Governor Jerry Brown, and as always, check http://norml.org/act for legislation pending in your state.

    Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

    Your Highness,
    Carly

    Priority Alerts

    Federal

    Decriminalize Cannabis: Senate Minority Leader Chuck Schumer is sponsoring the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

    Click here to email your senators in support of this important legislation

    California

    Assembly Bill 1793 seeks to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence. The bill was approved by the Senate last week.

    Update: AB 1793 awaits action from Governor Brown.

    CA resident? Click here to email your Governor in support of expungement

    Senate Bill 1127 would help students with severe medical disabilities attend school by allowing a parent or guardian to come on school grounds to administer medical cannabis to them in non-smoking and non-vaping forms. The bill was already approved by the Senate earlier this year.

    Update: After failing to gain enough votes for passage in the Assembly on 8/23, a motion to reconsider was granted and on 8/27, SB 1127 was approved by the Assembly with a 42-29 vote. The bill now awaits action from Governor Brown.

    CA resident? Click here to email your Governor in support of allowing students’ medical marijuana at school

    Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

    Update: SB 829 was approved by the full Assembly with a 65-2 vote on 8/29. The bill now goes back to the Senate for concurrence since it was amended in the Assembly. SB 829 is being heard by the Senate Governance and Finance Committee on Friday 8/31, and then will go to the Senate floor for a vote.

    CA resident? Email your senators in support of supporting compassionate care programs

    That’s all for this week!

  • by Carly Wolf, NORML Political Associate September 21, 2018

    Welcome to the latest edition of NORML’s Weekly Legislative Roundup!

    This week, there’s been talk that the US Customs and Border Protection Agency will implement a federal policy denying any individual involved in Canada’s marijuana industry entry into the United States. Under the policy, US officials would have to ban entry to Canadians who admit to having consumed marijuana in their past, as well as those who are involved in the legal cannabis industry in any capacity. NORML responded here.

    The U.S. Senate’s VA Medicinal Cannabis Research Act of 2018 got one more cosponsor, for a new total of five. And The U.S. House’s Fairness in Federal Drug Testing Under State Laws Act gained two cosponsors, for a new total of three.

    At the state level, the New Jersey Department of Health removed the ban that prohibited licensed medical cannabis dispensaries from selling concentrates to patients. Separately, details came up about New Jersey’s forthcoming marijuana legalization and regulation bill, which includes what could be the lowest tax rate in the country, home delivery, social consumption sites, and provisions promoting small businesses, but nothing about home cultivation. Nothing is final yet.

    Assembly committees in New York are scheduled to hold four joint hearings this fall on the issue of legalizing marijuana for adults in the state. This comes as the Governor’s administration is holding a series of separate listening sessions across the state to gain public input about marijuana legalization implmentation.

    Mississippi activists started gathering signatures in hopes of qualifying a 2020 medical cannabis ballot initiative. Massachusetts recreational marijuana stores are unlikely to open until late October at the earliest after regulators failed to issue any licenses at their meeting this week. Kentucky lawmakers held an interim hearing on medical marijuana, and the West Virginia Joint Committee on Health discussed banking issues for medical marijuana businesses.

    Governor Ralph Torres (R) of the Commonwealth of the Northern Mariana Islands signed a marijuana legalization bill into law.

    Governor Jerry Brown (D) of California signed two bills into law this week, one preventing marijuana businesses from sharing consumers’ information, and another that says marijuana distributors can transport products to other distributors and that labs can test marijuana grown at home. Brown also vetoed a bill that would have allowed marijuana businesses to deduct business expenses under the state’s personal income tax law.

    At a more local level, Broken Arrow, Oklahoma approved a measure regulating medical marijuana businesses.

    Following are the bills we’ve tracked this week pending before California Governor Jerry Brown, and as always, check http://norml.org/act for legislation pending in your state.

    Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

    Your Highness,
    Carly

    Priority Alerts

    Federal

    Decriminalize Cannabis: Senate Minority Leader Chuck Schumer is sponsoring the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

    Click here to email your senators in support of this important legislation

    California

    Assembly Bill 1793 seeks to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence. The bill was approved by the Senate last week.

    Update: AB 1793 awaits action from Governor Brown.

    CA resident? Click here to email your Governor in support of expungement

    Senate Bill 1127 would help students with severe medical disabilities attend school by allowing a parent or guardian to come on school grounds to administer medical cannabis to them in non-smoking and non-vaping forms. The bill was already approved by the Senate earlier this year.

    Update: After failing to gain enough votes for passage in the Assembly on 8/23, a motion to reconsider was granted and on 8/27, SB 1127 was approved by the Assembly with a 42-29 vote. The bill now awaits action from Governor Brown.

    CA resident? Click here to email your Governor in support of allowing students’ medical marijuana at school

    Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

    Update: SB 829 was approved by the full Assembly with a 65-2 vote on 8/29. The bill now goes back to the Senate for concurrence since it was amended in the Assembly. SB 829 is being heard by the Senate Governance and Finance Committee on Friday 8/31, and then will go to the Senate floor for a vote.

    CA resident? Email your senators in support of supporting compassionate care programs

    That’s all for this week!

  • by Carly Wolf, NORML Political Associate September 14, 2018

    Welcome to the latest edition of NORML’s Weekly Legislative Roundup!

    The U.S. House Judiciary Committee approved HR 5634: The Medical Cannabis Research Act of 2018 to facilitate federally-approved clinical trials assessing the efficacy of whole-plant cannabis. This is the first time that lawmakers have ever voted in favor of loosening federal restrictions that limit investigators’ ability to clinically study marijuana, similar to other controlled substances.

    On the other hand, a congressional conference committee did not include a Senate-passed provision in a bill to fund the U.S. Department of Veterans Affairs. The measure, known as the Veterans Equal Access Amendment, would have facilitated veterans’ access to medical cannabis in jurisdictions that regulate it.

    Also, U.S. Senator Dianne Feinstein (D-CA), one of Congress’s most avid prohibitionists—signed on as a cosponsor of the STATES Act, to prohibit federal interference in jurisdictions that regulate marijuana.

    At the state level, New Mexico addied obstructive sleep apnea as a medical marijuana qualifying condition, but rejected opioid addiction, muscular dystrophy, Tourette’s syndrome, eczema and psoriasis. Separately, regulators are holding meetings next month to get input from the public on proposed hemp rules.

    Vermont’s marijuana legalization study committee met this week. And California Governor Jerry Brown (D) signed a bill into law that bans the marketing of marijuana products on websites used by minors.

    At a more local level, Brooklyn, New York will begin to expunge thousands of prior marijuana convictions. And Manhattan is also vacating misdemeanor marijuana warrants. The city’s district attorney appeared in court to dismiss 3,000 marijuana charges dating way back to the 1970’s.

    Lancaster, Pennsylvania amended a measure that would reduce marijuana penalties, with a final vote expected later this month. Green Bay, Wisconsin is considering reducing marijuana possession fines. And the city council in Oklahoma City heard testimony on a marijuana decriminalization measure.

    Following are the bills we’ve tracked this week pending before California Governor Jerry Brown, and as always, check http://norml.org/act for legislation pending in your state.

    Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

    Your Highness,
    Carly

    Priority Alerts

    Federal

    Decriminalize Cannabis: Senate Minority Leader Chuck Schumer is sponsoring the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

    Click here to email your senators in support of this important legislation

    California

    Assembly Bill 1793 seeks to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence. The bill was approved by the Senate last week.

    Update: AB 1793 awaits action from Governor Brown.

    CA resident? Click here to email your Governor in support of expungement

    Senate Bill 1127 would help students with severe medical disabilities attend school by allowing a parent or guardian to come on school grounds to administer medical cannabis to them in non-smoking and non-vaping forms. The bill was already approved by the Senate earlier this year.

    Update: After failing to gain enough votes for passage in the Assembly on 8/23, a motion to reconsider was granted and on 8/27, SB 1127 was approved by the Assembly with a 42-29 vote. The bill now awaits action from Governor Brown.

    CA resident? Click here to email your Governor in support of allowing students’ medical marijuana at school

    Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

    Update: SB 829 was approved by the full Assembly with a 65-2 vote on 8/29. The bill now goes back to the Senate for concurrence since it was amended in the Assembly. SB 829 is being heard by the Senate Governance and Finance Committee on Friday 8/31, and then will go to the Senate floor for a vote.

    CA resident? Email your senators in support of supporting compassionate care programs

    That’s all for this week!

  • by NORML September 13, 2018

    Members of the House Judiciary Committee voted today in favor of legislation (HR 5634: The Medical Cannabis Research Act of 2018) to facilitate federally-approved clinical trials assessing the efficacy of whole-plant cannabis. The vote marks the first time that lawmakers have ever decided in favor of easing existing federal restrictions which limit investigators ability to clinically study marijuana in a manner similar to other controlled substances.

    “The federal hurdles in place that currently discourage clinicians from engaging in clinical cannabis research have long been onerous and irrational,” NORML Deputy Director Paul Armentano said. “It is high time that lawmakers recognize this problem and take action to amend it so that investigators may conduct the same sort of high-quality clinical research with cannabis that they do with other substances.”

    Currently, federal regulations mandate that investigators participating in FDA-approved clinical trials involving cannabis must obtain marijuana from a single, federally-licensed source, the University of Mississippi. However, many of those familiar with their product have criticized its quality, opining that it possesses subpar potency, is often poorly manicured, and that it does not accurately reflect the wide variety of cannabis products and strains available to consumers.

    As the result of a lawsuit, DEA Administrative Law Judge Mary Ellen Bittner in 2007 ruled that expanding the pool of federally licensed providers would be “in the public interest.” The agency ultimately rejected that decision. In 2016, the DEA publicly changed its stance and amended regulations in a manner to permit additional applicants to apply for federal licensure to grow marijuana. However, the United States Attorney General’s office has failed to take action on any pending 25 applications submitted following the 2016 rule change.

    House Bill 6534, sponsored by Rep. Matt Gaetz (R-FL) and 40 cosponsors mandates the Attorney General to take action on these pending federal applications, and to approve at least two additional marijuana manufacturers within a year. The measure also explicitly permits the Veterans Affairs office to engage in clinical trials involving the cannabis plant.

    While some Democrats on the Committee, as well as some drug policy reform organizations, expressed criticism with regard to a provision in the bill restricting applicants with a drug-related conviction, lawmakers indicated that they would consider revising this language prior to the bill receiving a vote on the House floor.

    Armentano concluded: “While this vote marks a step forward, it must also be acknowledged that despite existing barriers to research, ample studies already exist to contradict cannabis’ federal, schedule I status as a substance without medical utility, lacking acceptable safety, and possessing a high potential of abuse. More clinical research is welcome, but unfortunately science has never driven marijuana policy. If it did, the United States would already have a very different policy in place.”

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