Senate Majority Leader Announces Progress On Hemp Reform Legislation

Posted on June 9, 2018 by ushempmuseum

United States Senate Majority Leader Mitch McConnell (R-KY) today announced that he has secured provisions in the 2018 Farm Bill to further expand and facilitate state-regulated hemp production.

In a press release, McConnell acknowledged that provisions in S. 2667: The Hemp Farming Act of 2018 have now been incorporated into the Senate’s version of The Farm Bill (aka The Agriculture Improvement Act of 2018) — must-pass legislation that is approved by Congress every five years. Members of the Senate Agriculture Committee will consider the legislation on Wednesday, June 13.

Senate Bill 2667 expands upon provisions (Section 7606) in the 2014 version of the Farm Bill that permit states to establish hemp research and cultivation programs absent federal approval. A majority of states have now enacted legislation to permit such programs.

In 2017, state-licensed producers grew over 39,000 acres of hemp, according to data compiled by the National Conference of State Legislatures.

“Securing the Hemp Farming Act as part of the 2018 Farm Bill has been a top priority of mine,” said Senator McConnell. “I look forward to continuing to work with my Senate colleagues on this and many other issues important to Kentucky agriculture as we move towards consideration of the Farm Bill.

He added: “As a result of the hemp pilot program, which I secured in the 2014 Farm Bill, Kentucky’s farmers, processors, and manufacturers have begun to show the potential for this versatile crop. Today’s announcement will build upon that progress to help the Commonwealth enhance its standing at the forefront of hemp’s return to American agriculture. I look forward to continuing to work with my Senate colleagues and my partners in Kentucky … to grow hemp’s bright future.”

Senate Bill 2667 provides states and/or Indian tribes with “primary regulatory authority over the production of hemp.”

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President Trump Expresses Support For Bipartisan Marijuana Fix

Posted on June 9, 2018 by ushempmuseum

President Donald Trump on Friday expressed verbal support for recently introduced, bi-partisan legislation that seeks to codify legal protections for state-sanctioned marijuana-related activities.

In response to a question from reporters, the President acknowledged that he “probably will end up supporting” The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act of 2018, sponsored by Senators Elizabeth Warren (D-MA) and Corey Gardner (R-CO). Majority Leader Mitch McConnell has also reportedly promised to permit a vote on the legislation.

The bill mandates that the federal Controlled Substances Act “shall not apply to any person acting in compliance” the marijuana legalization laws of their state. It also amends federal law to explicitly remove industrial hemp from the definition of marijuana. A bipartisan House companion bill, sponsored by Reps. David Joyce (R-OH) and Earl Blumenauer (D-OR), is pending in the House of Representatives.

Also today, Governors from 12 states: Alaska, California, Colorado, Maryland, Massachusetts, Nevada, New Jersey, New York, North Dakota, Oregon, Pennsylvania and Washington sent a letter to Congressional leadership urging passage of the STATES Act.

In April, Sen. Gardner acknowledged that he had spoken with the President regard the intent of his bill and that Trump “assured me that he will support a federalism-based legislative solution to fix this states’ rights issue once and for all.”

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Canadian Senate Signs Off On Historic Cannabis Regulation Measure

Posted on June 8, 2018 by ushempmuseum

Members of the Canadian Senate yesterday voted 56-30 in favor of Bill C-45 sweeping legislation amending the federal Controlled Drugs and Substances Act so that those over the age of 18 may legally possess, purchase, and grow personal use quantities of cannabis. Members of the Canadian House of Commons had overwhelmingly voted in November in favor of the measure, which also establishes licensing for the retail production and sale of marijuana.

Once House members sign off on Senate changes to the bill, Prime Minister Justin Trudeau, who campaigned on a pledge to legalize, regulate, and tax marijuana sales, is expected to move promptly to enact the historic legislation. Legal cannabis retailers, acting in compliance with the forthcoming law, are anticipated to be operational by late summer/early fall.

“We applaud Canada for showing federal legislators in the United States what can be accomplished with true leadership and dedication to sound public policy. Our elected officials should follow in their footsteps and finally put an end to our own disastrous and discriminatory prohibition on cannabis,” stated NORML Executive Director Erik Altieri.

Under the forthcoming law, those age 18 and older will be legally permitted to possess and purchase personal use amounts of marijuana. Households will also be permitted to grow up to four cannabis plants for personal use, though provinces are empowered to establish alternative limits.. Those who possess greater amounts will face civil sanctions. Commercial marijuana production will be licensed by the federal government, while retail distribution of marijuana will be regulated by individual provinces. The new law will not amend Canada’s existing medical cannabis access regulations, which permit registered patients to grow or purchase cannabis from authorized licensed producers.

Separate legislation, Bill C-46, to address traffic safety concerns remains pending.

In 2016, a federal task force recommended that lawmakers move to legalize and regulate the use and sale of marijuana. The task force concluded that legalization “will maintain and improve the health of Canadians by minimizing the harms associated with cannabis use.”

“Those wanting to see what a rational federal marijuana policy looks like need look no further than to our north. America’s leaders would be wise to learn from our neighbors, who are replacing their archaic and failed marijuana prohibition laws with a regulatory scheme that is largely evidence-based and that reflects cannabis rapidly changing cultural status,” said Paul Armentano, NORML Deputy Director

The bill was amended so it will now return to the lower chamber for a final vote.

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Republican Rules Committee Blocks Veterans Medical Cannabis Amendments

Posted on June 8, 2018 by ushempmuseum

…for the second year in a row.

The House Rules Committee, led by prohibitionist Representative Pete Sessions (R-TX), blocked multiple amendments related to marijuana from receiving consideration by the full House, thus ending their consideration and silencing the ability for the lower chamber to offer either legal protections or expanded access to veterans who use cannabis for therapeutic purposes.

Among the amendments offered, the most critical one is known as Veterans Equal Access, which would allow VA doctors to fill out the authorizing forms needed for veterans to obtain state-legal medical marijuana. Congressman Earl Blumenauer (D-OR), author of the amendment and legislation by the same name, stated “For the second year, Pete Sessions has shown that he does not care about the health and well-being of our veterans—who are speaking out across the country. All they want is fair and equal treatment, and the ability to consult with their own physician on all treatment options. By blocking this vote, Chairman Sessions has turned his back on our wounded warriors, commonsense, and the will of the American people. He should be ashamed.”

Another amendment pertaining to veterans who work for the Veterans Affairs Department would have provided protections to veterans consume marijuana legally under state statute from losing their job as a result of a positive suspicionless drug test. This amendment was authored by Congressman Charlie Crist (D-FL).

For context, last year the American Legion conducted a poll that found one in five veterans self-reported using marijuana to alleviate a medical or physical condition. It is cruel and unreasonable to have veterans live in fear of having to choose between their job and their medication.

It is expected that the Senate Appropriations Committee will hear the Veterans Equal Access language later today introduced by Senator Steve Daines (R-MT) and pass it as it has for the last few years, yet will likely be stripped out, as it has the last few years.

You can send a message to your Representative in support of the Veterans Equal Access Act, HR 1820, by clicking here. 

On July 22nd – 24th, NORML will hold it’s annual Conference and Lobby Day in DC and will focus on the need to not allow our progress to be rolled back – if you can join us in DC, click here to register.

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Bipartisan Legislation Introduced To Protect States That Have Legalized Marijuana

Posted on June 7, 2018 by ushempmuseum

Today, Senators Elizabeth Warren (D-MA) and Cory Gardner (R-CO) introduced bipartisan legislation, The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act of 2018, to remove the threat of federal intervention and prosecution in states that regulate marijuana use and sales. A bipartisan House companion bill has been introduced by Representatives David Joyce (R-OH) and Earl Blumenauer (D-OR).

This marks the first bicameral, bipartisan legislation to end the federal enforcement of prohibition in states that have reformed their marijuana laws.

Send a letter to your elected officials NOW

NORML Executive Director Erik Altieri commented:

“President Trump made a commitment to Senator Gardner that he was willing to support a federalist approach to state marijuana laws. Now Congress must do its part and swiftly move forward on this bipartisan legislation that explicitly provides states with the authority and autonomy to set their own marijuana policies absent the fear of federal incursion from a Justice Department led by militant cannabis prohibitionist Attorney General Jeff Sessions.”

Specifically, this legislation:

  • Creates an exemption to the Controlled Substances Act for US states and territories that have reformed their laws with regard to marijuana policy, effectively restraining undue federal intervention
  • Maintains federal legislative provisions (aka “guardrails”) to deter:
    • The interstate trafficking of marijuana into prohibition states from legal states
    • The prevention of those under 18 from working in the cannabis industry
    • The prevention of those under 21 from purchasing marijuana (unless recommended by a state-qualified physician to treat a medical condition)
    • Unsafe production conditions
  • Provides greater flexibility for lawmakers in non-legal states to reform their laws in a manner that reflects the will of the of their constituents and regulates cannabis commerce
  • Provides the ability for cannabis businesses to obtain basic banking services
  • Removes industrial hemp from the Controlled Substances Act

NORML Political Director Justin Strekal said:

“With the announcement of The STATES Act by Senators Gardner and Warren, the movement to end the federal government’s failed policy of cannabis criminalization has truly become a bipartisan effort.”

“The majority of states now regulate marijuana use and more than six out of ten voters endorse legalizing the plant’s use by adults, making it time for the federal government to no longer stand in the way of this progress at the state level.”

Never in modern history has there existed greater public support for ending the nation’s nearly century-long experiment with marijuana prohibition. The continued criminalization of adult marijuana use is out-of-step with the views of adults throughout America, 93% of whom support medical marijuana (Quinnipiac, 2017) and 64 percent of whom endorse the outright legalization of recreational cannabis (Gallup, 2017).

The STATES Act is cosponsored in the Senate by Senators Catherine Cortez Masto (D-Nev.), Rand Paul (R-Ky.), Lisa Murkowski (R-Alaska), and Cory Booker (D-N.J.). It is cosponsored in the House by Representatives Carlos Curbelo (R-Fla.), Jared Polis (D-Colo.), Ken Buck (R-Colo.), Barbara Lee (D-Calif.), Walter Jones (R-N.C.), Dianna DeGette (D-Colo.), Rob Blum (R-Iowa), Steve Cohen (D-Tenn.), Matt Geatz (R-Fla.), Eleanor Holmes Norton (D-D.C.), Tom McClintock (R-Calif.), Luis Correa (D-Calif.), Jason Lewis (R-Minn.), and Ro Khanna (D-Calif.).

“Outdated federal marijuana laws have perpetuated our broken criminal justice system, created barriers to research, and hindered economic development,” said Senator Warren. “States like Massachusetts have put a lot of work into implementing common sense marijuana regulations – and they have the right to enforce their own marijuana policies. The federal government needs to get out of the business of outlawing marijuana.”

“In 2012, Coloradans legalized marijuana at the ballot box and the state created an apparatus to regulate the legal marijuana industry. But because of the one-size-fits-all federal prohibition, state decisions like this put Colorado and other states at odds with the federal government,” said Senator Gardner. “The federal government is closing its eyes and plugging its ears while 46 states have acted. The bipartisan STATES Act fixes this problem once and for all by taking a states’ rights approach to the legal marijuana question. The bipartisan, commonsense bill ensures the federal government will respect the will of the voters – whether that is legalization or prohibition – and not interfere in any states’ legal marijuana industry.”

“We should trust the people of the states, like Ohio, who have voted to implement responsible common-sense regulations and requirements for the use, production, and sale of cannabis,” said Representative Joyce. “If the people of these states have decided to provide help for those veterans and others suffering from pain and other health issues, we should allow them access without government interference.”

“For too long the senseless prohibition of marijuana has devastated communities, disproportionately impacting poor Americans and communities of color. Not to mention, it’s also wasted resources and stifled critical medical research,” said Representative Blumenauer. “It’s past time to put the power back in the hands of the people. Congress must right this wrong.”

Thirty states, Washington, DC and the US territories of Guam and Puerto Rico have enacted legislation specific to the physician-authorized use of cannabis, while an estimated 63 million Americans now reside in jurisdictions where anyone over the age of 21 may possess cannabis legally. Voters overwhelmingly support these policy changes. According to a 2018 Quinnipiac University poll, 63 percent of Americans support full marijuana legalization and 70 percent believe that states, not the federal government, should set marijuana policy.

NORML has released a letter with over 55 supportive organizations for The STATES Act.

To date, these statewide regulatory programs are operating largely as voters and politicians intended. The enactment of these policies have not negatively impacted workplace safety, crime rates, traffic safety, or youth use patterns. They have stimulated economic development and created hundreds of millions of dollars in new tax revenue. Specifically, a 2017 report estimates that over 149,000 Americans are now working full-time in the cannabis industry. Tax revenues from states like Colorado, Oregon, and Washington now exceed initial projections. Further, numerous studies have identified an association between cannabis access and lower rates of opioid use, abuse, hospitalizations, and mortality.

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Study: Majority Of Chronic Pain Patients Replace Opioids With Cannabis

Posted on June 7, 2018 by ushempmuseum

More than two-thirds of chronic pain patients registered to legally access medical cannabis products substitute marijuana for prescription opioids, according to data published in The Journal of Headache and Pain.

Investigators from the United States and Canada assessed the use of medical cannabis and prescription drugs in a cohort of over 2,000 Canadian patients licensed to access marijuana products. Among those patients with a primary diagnosis of chronic pain, 73 percent reported substituting cannabis in place of opioids. Among those patients diagnosed specifically with headache/migraine, cannabis was frequently reported as a substitute for other medications – including opiates (43 percent), anti-depressants (39 percent), NSAIDS (21 percent), triptans (8 percent), and anti-convulsants (8 percent).

“Most patients in the pain groups reported replacing prescription medications with medicinal cannabis, the most common of which were opiates/opioids across all patient groups,” authors concluded. “This is notable given the well-described ‘opioid-sparing effect’ of cannabinoids and growing abundance of literature suggesting that cannabis may help in weaning from these medications and perhaps providing a means of combating the opioid epidemic.”

The study’s findings are consistent with those of numerous others finding that patients in medical cannabis access programs significantly reduce or eventually eliminate their use of opioid analgesics over the long-term.

Full text of the study, “Patterns of medicinal cannabis use, strain analysis, and substitution effect among patients with migraine, headache, arthritis, and chronic pain in a medicinal cannabis cohort,” appears online here.

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Virginia: Crime Data Shows Surge In Marijuana Arrests

Posted on June 6, 2018 by ushempmuseum

Marijuana-related arrests increased over 20 percent between the years 2016 and 2017, according to crime data compiled by the Virginia State Police.

Law enforcement officials made 27,852 arrests for marijuana violations, according to the report – up from 21,637 in 2016. At that time, Virginia ranked sixth in the nation for total marijuana arrests (trailing behind Texas, New York, New Jersey, Pennsylvania, and Missouri), and fifteenth overall in per capita marijuana arrests.

Overall, some 70 percent of all drug arrests in Virginia in 2017 were marijuana related.
Under state law, the possession of any amount of cannabis is defined as a criminal misdemeanor, punishable by up to 30 days in jail and a criminal record. A bill introduced during the 2017 legislative session that sought to decriminalize minor marijuana possession offenses was defeated in committee in January on a party line vote, with all Republicans voting against the bill.

Polling data compiled by Quinnipiac University finds that 59 percent of Virginians support allowing adults to legally possess small amounts of marijuana for personal use.

According to the findings of a 2017 Virginia Commonwealth University report, African Americans in Virginia are arrested for violating marijuana possession laws at a rate that is more than three times the rate of whites.

Archived state-by-state marijuana arrest data is available online from NORML here.

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Gallup: Most Americans Say It Is Morally Permissible To Smoke Marijuana

Posted on June 6, 2018 by ushempmuseum

Over six in ten Americans believe that it is morally permissible for adults to use cannabis, regardless of the plant’s legal status, according to nationwide polling data compiled by Gallup.

Pollsters reported that 65 percent of respondents personally believe that “smoking marijuana” is morally acceptable. Thirty-one percent defined the behavior as “morally wrong.”

The Gallup data represents a significant shift in Americans’ attitudes. According to prior data compiled by the Pew Research Center, only ten percent of Americans in 2006 agreed that cannabis use was morally acceptable.

Survey data compiled by Gallup in 2017 reported that 64 percent of Americans – including majorities of self-identified Democrats, Republicans, and Independents – believe that the adult use of marijuana should be legal, the highest percentage ever recorded by the polling firm.

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Weekly Legislative Roundup 6/1

Posted on June 2, 2018 by ushempmuseum

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

At the federal level, the U.S. House Rules Committee, and potentially the full House of Representatives, will consider four marijuana amendments next week, covering issues ranging from veterans’ access to medical cannabis to water rights for hemp growers.

This week, it was big victory for patients as a Florida Circuit Court judge ruled that a legislatively enacted ban on the smoking of medical cannabis in private by qualified patients is unconstitutional.

Additionally at the state level, state regulators in Utah certified a voter-initiated medical cannabis access measure for the 2018 ballot. Officials announced that proponents gathered nearly 154,000 validated initiative signatures from registered voters — far exceeding the total necessary to place the measure before a statewide vote.

California NORML teamed up with Americans For Safe Access to host a Citizens Lobby Day in Sacramento on June 4, and Gov. Chris Sununu (R) of New Hampshire signed a bill allowing additional medical cannabis dispensary locations.

At a more local level, Allentown, Pennsylvania’s mayor signed a marijuana decriminalization ordinance into law, but the police say they will continue enforcing state criminalization.

Following are the bills from around the country that we’ve tracked this week 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

End Prohibition: Representatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation, HR 1227, to exclude marijuana from the Controlled Substances Act, thus leaving states the authority to regulate the plant how best they see fit.

The “Ending Federal Marijuana Prohibition Act of 2017” eliminates federal criminal penalties for possessing and growing the plant. This legislation gives states the power and flexibility to establish their own marijuana policies free from federal interference.

Click here to e-mail your Representative and urge them to support this important legislation

Commonwealth of the Northern Mariana Islands

Senate Bill 20-62 seeks to legalize, tax, and regulate cannabis in the US territory of the Commonwealth of the Northern Mariana Islands.

If passed, the bill would legalize the personal use and cultivation of small amounts of marijuana for adults age 21 or older, and establish a licensing scheme for its commercial production and retail sale. The tax revenue would be used to fund the implementation of the program and other government services.

Update: SB 20-62 was approved unanimously by the House Committee on Judiciary and Governmental Operations (JGO). The next step will be a full House vote.

CNMI resident? Click here to email your elected officials in support of legalization

North Carolina

House Bill 994 would amend state law so that possession of up to 4 ounces of marijuana carries no penalty, rather than a felony conviction. Under current state law, the possession of more than 1.5 ounces of marijuana is classified as a felony punishable by no more than 8 months in prison and a maximum fine of $ 1,000.

Update: Senate companion bill SB 791 was introduced on 5/31 and awaits action in the Committee on Rules and Regulations.

NC resident? Click here to email your elected officials in support of decriminalization expansion

Illinois

Medical
SB 336 seeks to permit physicians to recommend cannabis therapy as an alternative to opioid treatment.

Update: SB 336 was approved by both houses on 5/31 and now awaits action from Governor Bruce Rauner.

IL resident? Click here to email Gov. Rauner in support of cannabis as an alternative to opioids

Hemp
Senate Bill 2298 provides for the ability for individuals to cultivate hemp with a state license even if they are not part of the state’s Agriculture Department pilot program. That program only permits hemp cultivation as part of a state-sponsored research program. The bill was approved by the House last week, with amendments.

Update: The Senate concurred on 5/30 and SB 2298 now awaits action from Governor Bruce Rauner.

IL resident? Click here to email Gov. Rauner in support of industrial hemp

California

Expungement

Assembly Bill 1793 would “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.

Update: The Assembly Appropriations Committee amended AB 1793 and voted to pass it on 5/25. AB 1793 is expected to be heard by the full floor before the 6/1 deadline.

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

Employment Protections

Assembly Bill 2069 would explicitly bar employers from discriminating against workers solely because of their status as a medical cannabis patient, or due to testing positive for medical marijuana use on a workplace drug test.

Update: AB 2069 was held under submission in committee, effectively killing it for this year.

 

Additional Actions to Take

California

Banking
Senare Bill 930 seeks to assist financial institutions in safely conducting transactions with licensed cannabis businesses.

Update: SB 930 was amended and passed by the Senate Appropriations Committee on 5/25. The bill was then approved by the Senate by a 29-6 vote on 5/30.

CA resident? Click here to email your elected officials in support of banking access

Taxes
AB 3157, to temporarily reduce tax rates imposed on the retail sale and commercial cultivation of cannabis.

State and local taxes currently imposed upon retail cannabis sales can total in upwards of 40 percent. This excessive taxation places an undue financial burden, particularly on patients, many of whom are now unable to consistently afford their medicine.

Update: AB 3157 was heard by the Assembly Appropriations committee on 5/25 and is now dead for this year after the committee decided to hold the bill under submission.

 

That’s all for this week, check back next Friday for more legislative updates!

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California NORML and Americans for Safe Access to Host Lobby Day

Posted on May 30, 2018 by ushempmuseum

California NORML is once again teaming up with Americans for Safe Access to co-sponsor a Citizens Lobby Day in Sacramento on June 4, 2018.

Lobby day begins with sign-in and a continental breakfast at 8:00 AM in the Metropolitan Terrace on the 7th Floor of the Citizen Hotel located at 926 J Street, Sacramento. If you have signed up in advance for lobby day, you will then receive your appointment times and locations for your representatives’ offices. If you haven’t signed up, you can visit a station where you can find out who your legislators are for drop-in appointments.

The morning program starts at 9:00 AM, where we will present an overview of the bills on which we’ll be lobbying, along with tips for effective lobbying. You will then be armed with fact sheets on all the bills for your afternoon meetings with lawmakers, along with forms to report on your meetings. Bring the forms with you to the evening VIP reception for lawmakers and attendees in the Scandal Lounge back at the Citizen Hotel starting at 5:30 PM.

Last year’s event was a success, with more than 200 patients, advocates, providers, industry workers, and others attending and lobbying their elected officials for marijuana reform bills. Lobby day efforts have resulted in a bill to protect employment rights for medical marijuana users, AB 2069, being introduced by Rep. Rob Bonta (Oakland).

Other bills currently on the legislative agenda include:

• SB 1302 (Lara) to end local delivery bans.

• AB 1793 (Bonta), to to create a simpler and expedited pathway for Californians to have certain criminal convictions for cannabis-related offenses removed or reduced from their records.

• SB 1127 (Hill) to allow for a parent or guardian to administer medicinal cannabis to a pupil at a schoolsite.

• AB 2215 (Kalra) to require the Veterinary Medical Board to establish guidelines for licensed veterinarians to discuss the use of cannabis for animals

• AB 3157 (Lackey/Bonta) to temporarily reduce taxes on cannabis sales

• Two bills which would expand on the available venues for the sale and consumption of cannabis at temporary special events: AB 2020 by Asm. Bill Quirk (Hayward) and AB 2641 by Asm. Jim Wood (North Coast).

Business bills that have been introduced or re-introduced this year include: AB1741 (Bonta), to allow for electronic tax payments for cannabis businesses; AB 1863 (Jones-Sawyer), to allow the deduction of business expenses for a licensed cannabis business under the state Personal Income Tax Law; AB 924 (Bonta) to direct the state to enter into agreements authorizing tribal cannabis activities; and SB 930 (Hertzberg), to establish a state-chartered bank that would allow for commercial cannabis activity in California.

Supporters are urged to sign up in advance for lobby day so that organizers can make appointments with their representatives in the State Assembly and Senate. The cost for the day is $ 25, with no one turned away for lack of funds.

Lobby day begins with a continental breakfast at 8:00 AM in the Metropolitan Terrace on the 7th Floor of the Citizen Hotel located at 926 J Street, Sacramento, CA 95814. The program starts at 9:00 AM. Meetings with lawmakers will take place in the afternoon, with an evening VIP reception for lawmakers and attendees in the Scandal Lounge at the Citizen Hotel starting at 5:30 PM.

For more information about marijuana law reform efforts in California, you can also follow California NORML on FaceBook and Twitter!

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