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Alabama

  • by Paul Armentano, NORML Deputy Director March 13, 2020

    Marijuana CBD OilSenate lawmakers approved legislation yesterday that seeks to regulate patients’ access to select medical cannabis products.

    Senators voted 22 to 11 in favor of SB 165, which licenses dispensaries to provide qualified patients with non-herbal cannabis preparations, such as marijuana-infused tablets or pills.

    The bill now awaits consideration by members of the House.

    Last year, members of Senate similarly approved medical cannabis access legislation, but that effort was opposed by the House. Ultimately, lawmakers agreed upon appointing a study commission to make recommendations on the issue. In December, the commission called for lawmakers to enact a limited legalization program.

    In January, Alabama Attorney General Steve Marshall wrote a letter to state lawmakers urging them to reject the commission’s recommendations, opining that medicalization is “preempted” federal anti-drug laws and “exacerbate” opioid misuse.

    Under state law, personal marijuana possession is punishable by up to one-year in jail, while sales of cannabis are classified as felonies punishable by up to 20 years imprisonment.

    More information regarding SB 165 is available from Alabama NORML here or via their Facebook page.

  • by Paul Armentano, NORML Deputy Director April 22, 2019

    Cannabis Penalties[Update: The Jefferson County Sheriff’s Office announced on Friday, 4/26, that the announced cite-and-release program is on hold. No further details were provided.] A spokesperson for the Jefferson County (population: 658,000) Sheriff’s Office announced today that local law enforcement will begin citing, rather than arresting, low-level marijuana offenders.

    Under the new policy, police will issue a summons to those who possess personal amounts of marijuana or cannabis-related paraphernalia. Offenders will no longer be arrested or booked. Those cited and released will still have to either pay a fine or appear in court at a later date. Those with prior cannabis violations will still be eligible to receive a summons.

    Under state law, marijuana possession is classified as a criminal misdemeanor, punishable by up to one-year in jail and a $6,000 fine.

    Similar cite and release programs are in place in other cities and counties around the country, including in Palm Beach County, Florida and in Harris County (Houston), Texas.

    Additional information is available from NORML’s ‘Local Decriminalization’ report, online here.

  • by Danielle Keane, NORML Associate May 6, 2016

    US_capitolLegislation around the country is moving quickly and we’ve got numerous updates for you this week. Keep reading below to find out if your state is moving forward with marijuana law reform!

    Alabama: Governor Robert Bentley has signed legislation, House Bill 61, to protect qualified patients eligible for CBD therapy under a physician’s authorization from criminal prosecution. The measure, known as ‘Leni’s Law’, allows qualified patients to possess CBD preparations containing up to three percent THC. The new law takes effect June 1st, 2016.

    Colorado: House and Senate lawmakers have overwhelmingly approved legislation, House Bill 1373, to permit qualified patients access to the use formulations of medical cannabis while on school grounds.The measure now awaits action by Gov. John Hickenlooper, who indicated that he would sign the measure into law. “My son, if he needed medical marijuana and he needed it during the day while he was in school, I’d want him to have that opportunity,” Hickenlooper said.

    Connecticut: House and Senate lawmakers have approved legislation expanding patients’ access to the state’s medicinal cannabis program. House Bill 5450 permits qualifying patients under the age of 18 to possess and consume medical cannabis preparations and it also expands the list of qualifying illnesses eligible for cannabis therapy. Other provisions in the bill seek to establish a statewide clinical research program, and protect nurses from criminal, civil, or disciplinary sanction if they choose to administer marijuana to a qualifying patient in a hospital setting. The measure now awaits action by Governor Dannel Malloy. #TakeAction

    Hawaii: Legislation is pending before Governor David Ige to expand medical cannabis access and dispensing. The measure expands the pool of practitioners who may legally recommend cannabis therapy to include advanced nurse practitioners. Separate provisions in the bill remove the prohibition on Sunday dispensary sales and on the possession of marijuana-related paraphernalia by qualified patients.It also permits the transportation of medical marijuana across islands for the purposes of laboratory testing. #TakeAction

    Kansas: House and Senate lawmakers have signed off on sentencing reform legislation, House Bill 2049, that reduces 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). Second convictions will no longer be classified as a felony offense. The bill now heads to Gov. Brownback’s desk, and will become law if he does not veto it within 10 days. #TakeAction

    Louisiana: Senate legislation to fix and expand the state’s dormant medical marijuana law received a boost this week after a House Committee amended and passed the measure. Senate Bill 271 seeks to change the language of existing law so that physicians may ‘recommend’ rather than prescribe cannabis therapy. Under federal law, physicians cannot legally ‘prescribe’ cannabis or any schedule I substance. It also expands the pool of patients eligible to receive marijuana therapy. The legislation is scheduled to be heard by members of the House Health and Welfare Committee next week. #TakeAction
    marijuana_gavel
    New Hampshire: Members of the House Criminal Justice and Public Safety Committee voted 12 to 7 this week to amend Senate-backed sentencing reform legislation, Senate Bill 498, to also include provisions decriminalizing minor, first-time marijuana possession offenses. The amended language would make first-time offenses a civil violation rather than a criminal offense. The civil penalty would be limited to a fine only: no arrest, prosecution, or criminal record. Subsequent offenses would continue to be classified as misdemeanors. #TakeAction

    Oklahoma: House and Senate lawmakers have approved legislation, HB 2835, to expand the pool of patients eligible to possess cannabidiol under a physician’s authorization. As amended, House Bill 2835 would include legal protections to the following patient groups: those with “spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases.” The measure also removes the age requirement limitation from existing law so that adults with various forms of epilepsy are eligible for CBD therapy. The measure now awaits action from Gov. Mary Fallin. #TakeAction

    Pennsylvania: Representative Ed Gainey is seeking co-sponsors for soon-to-be introduced legislation that would amend minor marijuana possession offenses to a non-criminal offense. Despite both local and nationwide progress on the issue of cannabis prohibition, Pennsylvania continues to charge over 18,000 individuals each year with minor possessory offenses. Please urge your House member to sign on as a co-sponsor to this important legislation. #TakeAction

    Rhode Island: Members of the Senate Judiciary Committee are scheduled to consider SB 2420, legislation to regulate the commercial production and retail sale of marijuana to those over the age of 21, on Tuesday, May 10th.  Adults would be permitted to purchase and possess up to one ounce of marijuana. It also permits adults to cultivate up to two marijuana plants (no more than 1 mature) at home for non-commercial purposes. You can read the full text of this proposal here. #TakeAction

    Tennessee: Two marijuana related measures became law recently in Tennessee. The first permits for the licensed cultivation of industrial hemp when “grown by an institution of higher education in this state that offers a baccalaureate or post-graduate level program of study in agricultural sciences.” The second, amends third-time marijuana possession offenses from a Class E felony, punishable by up to six years in prison, to a misdemeanor offense, punishable by no more than one year in jail. The new sentencing penalties take effect on July 1, 2016.

    For a summary of all pending marijuana legislation, be sure to check out our full #TakeAction center!

    And don’t forget to register to attend NORML’s 2016 Congressional Lobby Day  in Washington D.C. May 23rd and 24th! We have just recently confirmedthree members of Congress’ ability to address our group on Capitol Hill so you won’t want to miss it!

     

  • by Danielle Keane, NORML Associate April 29, 2016

    thumbs_upA legalization initiative has officially qualified the ballot this November and separate legislative measures around the country continue to advance. Keep reading below to learn the latest legislative developments.

    Alabama: Members of both chambers approved legislation this week, House Bill 61, to protect qualified patients eligible for CBD therapy under a physician’s authorization from criminal prosecution. The measure, known as ‘Leni’s Law’, seeks to allow qualified patients to possess CBD preparations containing up to three percent THC. The measure passed in the Senate by a vote of 29 to 3 and in the House in a 95 to 4 vote. The measure now awaits action from Gov. Robert Bentley. #TakeAction

    California: A prominent GOP Congressman has endorsed the Adult Use of Marijuana Act, which seeks to regulate the adult use, production, and retail sale of cannabis. Congressman Dana Rohrabacher (R-Costa Mesa) announced, “As a Republican who believes in individual freedom, limited government and states’ rights, I believe that it’s time for California to lead the nation and create a safe, legal system for the responsible adult use of marijuana.” He added: “I endorse the Adult Use of Marijuana Act for the November 2016 ballot. It is a necessary reform which will end the failed system of marijuana prohibition in our state, provide California law enforcement the resources it needs to redouble its focus on serious crimes while providing a policy blueprint for other states to follow.” You can learn more about the initiative here.

    Florida: Another Florida municipality has given preliminary approval to a proposed ordinance permitting police to cite, rather than arrest, minor marijuana offenders. Members of St. Petersburg’s Public Safety and Infrastructure Committee voted in favor of the policy that would create a system of fines that would begin at $75 for those caught holding 20 grams or less of cannabis. Two versions of the plan, one that one that would mandate police issue a citation and another that gives the officer the option to do so, will head to the full city council for a final vote in early May. Under state law, possessing any amount of marijuana is classified as a criminal misdemeanor, punishable by up to one year in jail and a $1000 fine.

    Maine: Maine voters will decide on election day on a statewide ballot measure seeking to regulate the adult use, retail sale, and commercial production of cannabis. The Secretary of State determined this week that initiative proponents, The Campaign to Regulate Marijuana Like Alcohol, gathered a sufficient number of signatures from registered voters to qualify the measure for the November ballot. The office had previously attempted to invalidate a significant portion of proponents’ signatures, but that effort was rejected by the courts earlier this month.

    If enacted by voters in November, the measure would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use.

    North Carolina: House legislation was introduced this week to permit the limited use of medical marijuana. House Bill 983 exempts patients engaging in the physicians-recommended use of cannabis to treat a chronic or terminal illness from criminal prosecution under state law. Qualifying patients must possess a tax stamp issued by the state department of Revenue, and may possess no more than three ounces of cannabis at any one time. The proposal does not permit patients to cultivate their own cannabis, nor does it establish a state-licensed supply source. #TakeAction

     

    lobby_day_2016Don’t forget, NORML’s 2016 National Conference and Lobby Day is being held May 23rd and 24th! We’ll hold an informational seminar where activists from around the country hear from the leaders of the movement, we’ll keep the party going at the Mansion on O St. with our annual award ceremony and finally, we’ll conclude on the Hill where attendees w
    ill hear from and meet leaders in Congress who are doing their best to reform our federal marijuana laws! You can register here.

  • by Danielle Keane, NORML Associate April 14, 2016

    thumbs_upThere is long awaited news from Pennsylvania, as the Keystone State is poised to become the 24th state to permit medical cannabis access and separate legislative efforts continue to move forward around the country. Keep reading below to get this week’s latest in marijuana law reform!

    Federal:

    The U.S. Senate Appropriations Committee approved an amendment today, for the second year in a row, to expand medical marijuana access to United States veterans.

    The amendment, sponsored by Senators Steve Daines (R-MT) and Jeff Merkley (D-OR), would prohibit the Department of Veterans Affairs (V.A.) from spending money to enforce a policy that prohibits the department’s physicians from filling out medical marijuana recommendation forms in states where the drug is legal. It will be attached to the Military Construction and Veterans Affairs Appropriations bill.

    The bipartisan vote was 20 to 10, marking a slight improvement from last year’s 18-12 vote. Though a majority of the Senate passed the amendment in 2015, it was ultimately defeated in conference with the House.

    State:

    Alabama: Legislation to protect qualified patients eligible for CBD therapy is gaining traction in the legislature. Both the House and Senate are considering similar proposals to expand patient access. While existing state law permits qualified patients to use CBD if they are part of state-sponsored clinical trial, these proposed measures would legally protect qualified patients who possess the substance outside of a clinical trial environment. #TakeAction

    Florida: Another municipality in Florida is considering decriminalizing offenses involving the possession of small amounts of marijuana. On Monday, Orlando’s City Council will review an ordinance to make possession of 20 grams (about two-thirds of an ounce) or less a violation of city code, punishable by a fine of $50 for first-time offenders. Tampa and Volusia County both approved similar ordinances last month. NORML first reported this trend of Florida cities and counties adopting decriminalization policies last August.

    If you live in Orlando, you can contact your City Council member to urge their support for this measure here.

    Louisiana: House and Senate legislation is pending to fix and expand the state’s dormant medical marijuana law. Existing law only permits for the patients’ use of medical marijuana in instances where the plant is ‘prescribed.’ However, under federal law, physicians cannot legally ‘prescribe’ cannabis or any schedule I substance. House Bill 1112 addresses these problems by: permitting physicians to recommend rather than ‘prescribe’ cannabis therapy; by licensing facilities to produce and dispense the product; and by expanding the pool of eligible patients to include ailments like cancer, multiple sclerosis, Crohn’s disease and intractable pain. Law enforcement groups have voiced disapproval of the proposed change, so it is important that lawmakers hear from you. #TakeAction

    Maryland: Governor Larry Hogan has signed legislation to permit the Department of Agriculture to authorize institutions of higher education to cultivate industrial hemp for academic research purposes. Members of the Senate voted 45 to zero in favor of the bill. House members voted 136 to zero in favor of the measure. Maryland is the 26th state to enact legislation recognizing hemp as a agricultural commodity.

    State lawmakers have also approved legislation to expand the pool of medical professionals who can provide written recommendations for marijuana to qualifying patients. Under the proposal, nurse midwives and nurse practitioners, among other medical professionals, who are in good standing with the state will be permitted to provide written certifications to qualifying patients. The legislation awaits action from Governor Larry Hogan. #TakeAction

    Oregon: Governor Kate Brown has signed legislation into law that seeks to encourage financial institutions to engage in financial relationships with state-compliant marijuana businesses. The emergency legislation, House Bill 4094, “exempts financial institutions that provide financial services to marijuana related businesses, researchers and laboratories from any criminal law of this state.” The law took effect upon signing.

    pills_v_potPennsylvania: House and Senate lawmakers have given final approval to legislation, Senate Bill 3, to permit the production and use of medical marijuana products to qualified patients. Members of the Senate initially approved the measure in 2015. House leadership delayed acting on the bill for several months until finally passing an amended version of SB 3 in March. Senate and House members voted this week in favor of a concurrent version of the proposal. Once signed into law, Pennsylvania will become the 24th state to permit the use of physician-recommended cannabis.

    South Carolina: Members of the Senate Medical Affairs Committee have defeated SB 672, the Medical Marijuana Program Act. However, identical legislation, H. 4037, remains pending in the House. The legislation would allow the use of medical marijuana for debilitating medical conditions; it also permits a registered patient or caregiver to possess up to, “two one-ounce packages of marijuana in leaf form, one ounce of cannabis oil concentrate, or eight ounces of diluted cannabis oil.” #TakeAction

    Vermont: Members of the House Judiciary moved away from Senate-backed legislation, S. 241, to regulate the adult use, production, and sale of cannabis. On Friday, April 8, members of the Committee voted 6 to 5 on an amended version of S. 241 to establish a study commission to evaluate the matter of legalization. The vote came after members of the committee narrowly rejected an effort to amend the bill in a manner that would expand the state’s existing decriminalization laws.

    Members of the Senate previously voted 17 to 12 in favor of the legislation in its original form, and it continues to be backed by Gov. Shumlin, state Attorney General William Sorrell, and a majority of Vermonters. It is vital that members of both the House and Senate continue hear from you in support of S. 241 so that lawmakers will be persuaded to once again amend this bill in a manner that seeks to regulate the adult use, production, and sale of cannabis. #TakeAction

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