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California

  • by Paul Armentano, NORML Deputy Director March 6, 2018

    The District Attorney’s Office for Sonoma County, California (population 502,000) is directing staff to review and vacate thousands of past marijuana convictions.

    County officials estimate that an estimated 3,000 cases are eligible for either a sentencing reduction or expungement.

    The Sonoma County D.A.’s actions follow those of district attorneys for Alameda County, San Diego County, and San Francisco — each of which have moved to pro-actively review and dismiss thousands of past marijuana-related convictions.

    Provisions in the state’s 2016 voter-approved marijuana law allow those with past marijuana convictions to petition the court for expungement. Legislation is pending in the California Assembly, AB 1793, to make this process automatic for anyone with an eligible past cannabis conviction.

    Last month, Seattle city officials publicly announced plans to similarly review and vacate past cannabis convictions. Days later, newly elected Philadelphia D.A. Larry Krasner announced that his office would cease prosecuting marijuana possession offense violations.

  • by Paul Armentano, NORML Deputy Director February 20, 2018

    The District Attorney for Alameda County has announced her intent to automatically vacate thousands of past marijuana convictions. Alameda County, which includes Oakland, is the 7th-most populous county in California.

    According to the DA’s office, there are an estimated 6,000 marijuana convictions eligible for either a sentence reduction or a dismissal.

    “California is offering a second chance to people convicted of cannabis crimes, from felonies to small infractions, with the opportunity to have their criminal records cleared,” Alameda County District Attorney Nancy O’Mally said in a press statement. “We … intend to reverse decades of cannabis convictions that can be a barrier for people to gain meaningful employment.”

    The policy change comes weeks after the San Francisco District Attorney’s office announced that it will review, dismiss, and seal an estimated 3,000 misdemeanor marijuana convictions dating back to 1975.

    Seattle officials have also announced a similar plan to dismiss past convictions, opining, “[T]his action is a necessary first step in righting the wrongs of the past and putting our progressive values into action.” Last week, newly elected Philadelphia District Attorney Larry Krasner also announced that his office will no longer prosecute marijuana possession offense violations.

  • by Paul Armentano, NORML Deputy Director December 28, 2017

    Marijuana ScienceSelect retailers will begin engaging in adult use marijuana sales on the morning of Monday, January 1. California joins Alaska, Colorado, Nevada, Oregon, and Washington in permitting cannabis sales to those over the age of 21.

    Two additional states – Maine and Massachusetts – permit adults to legally possess and grow cannabis, but have yet to enact regulations permitting the plant’s commercial cultivation and sale.

    Under California law, retailers must possess a state license and also be compliant with local regulations. Numerous municipalities — including Berkeley, San Francisco, Santa Cruz, and Los Angeles — have approved local regulations to permit marijuana retailers. Existing medical cannabis dispensaries are allowed to engage in adult use sales if they possess dual licensing.

    “The rollout of legalized retail marijuana sales for adults in California marks another watershed moment for the movement to reform our nation’s marijuana laws,” NORML Executive Director Erik Altieri said. “As is often the case, California will continue its role as a political bellwether state. It’s successful implementation of adult use regulation will inspire further states to follow its lead.”

    Separate regulations governing the production, testing, packaging, and sale of medical cannabis also take effect on January 1. The regulations are the first broad set of rules governing medical cannabis production in California since voters approved of the practice in 1996.

  • by Kevin Mahmalji, NORML Outreach Director January 18, 2017

    marijuana_seedlingSince 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.

    personal_cultivationAlthough 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.

    marijuana_growerWithout 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.

  • by Kevin Mahmalji, NORML Outreach Director January 15, 2017

    HumboldtFor marijuana activists in states with legal marijuana, the strategy quickly moves from legalization to normalization, but for some communities like Ferndale, California, the stigma remains. For months, organizers of the Humboldt County Cup and the Ferndale Police Department have gone back and forth over the decision to host their event at the Humboldt County Fairgrounds. Citing past complaints from the community and concerns about the reggae music that was to be played during the event, local law enforcement never specified what laws, if any, would be violated.

    “Smith-Caggiano — who is the executive director of the Humboldt County chapter of the National Organization for the Reform of Marijuana Laws — said the Ferndale Police Department never cited any legal codes to back up their concerns despite requests for them to do so.”

    Regardless of receiving approval from the Humboldt County Fair Association, Mr. Smith-Caggiano was ultimately forced by the Ferndale Police Department to move the event location to the Mateel Community Center, located at 59 Rusk Lane, Redway, California 95560.

    Read more here: http://www.thecannifornian.com/cannabis-culture/cannabis-events/humboldt-county-pot-fest-moved-downsized-police-concerns/

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