Utah: Medical Access Initiative Certified For 2018 Ballot

Posted on May 30, 2018 by ushempmuseum

State regulators today 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.

The Utah Medical Cannabis Act permits qualified patients to obtain either herbal cannabis or cannabis-infused products from a limited number state-licensed dispensaries.

Both the Utah Medical Association and Republican Gov. Gary Herbert have publicly opined against the measure. Nonetheless, public support in favor of the initiative remains strong, with 77 percent of Utahns either “strongly” or “somewhat” endorsing the plan, according to a UtahPolicy.com poll.

Voters in Oklahoma will also decide on a medical access initiative in a special election on Tuesday, June 26. By a margin of nearly 2 to 1, Oklahoma voters support the passage of State Question 788, according to polling data reported last week.

Voters in two other states — Michigan and Missouri — are anticipated to decide on Election Day on statewide marijuana reform initiatives. Recent polling from those states finds majority public support for all three measures.

NORML Blog, Marijuana Law Reform

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Weekly Legislative Roundup 5/25

Posted on May 27, 2018 by ushempmuseum

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

Federally, Senator Jeff Merkley (D-OR) today became the fourth Senator to cosponsor the Marijuana Justice Act, joining the bill’s author, Senator Cory Booker (D-NJ) and cosponsors Senators Ron Wyden (D-OR), Kirsten Gillibrand (D-NY), Bernie Sanders (I-VT), and Kamala Harris (D-CA).

At the state level, NORML PAC announced the endorsement of Jared Polis for Governor of Colorado. The Arizona Supreme Court ruled that a state law banning medical cannabis on college campuses violates the state Constitution. And Nevada retailers sold more than $ 41 million worth of recreational marijuana in March, a new monthly record.

At a more local level, New York City Mayor Bill de Blasio (D) is directing the NYPD to stop arresting people smoking marijuana in public, and is moving to draft a plan to prepare the city for eventual legalization. The Los Angeles County, California Board of Supervisors adopted a resolution supporting state legislation to expunge marijuana convictions, the Bethlehem, Pennsylvania City Council’s Public Safety Committee gave unanimous initial approval to a proposed marijuana decriminalization ordinance, and The Milwaukee County, Wisconsin County Board voted to place an advisory marijuana legalization question on the November ballot.

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

Minnesota

HF 927 and SF 1320 are pending to regulate adult use marijuana possession and provide for retail sales. HF 927 has been awaiting action from the House Health and Human Services Committee since February and so has SF 1320 in the Senate Judiciary Committee.

Update: A third measure, HF 4541, was introduced on 5/20 to also regulate adult use marijuana possession and provide for retail sales.

MN resident? Click here to email you elected officials in support of regulating adult use marijuana sales

Commonwealth of the Nothern Mariana Islands

SB 20-62 seeks to legalize, tax, and regulate cannabis in the US territory of the Commonwealth of the Northern Mariana Islands. The bill already passed the full Senate earlier this month.

Update: The House Committee on Judiciary & Government Operations will hold a hearing on marijuana legalization on 5/29.

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

Pennsylvania

House Bill 928, which was carried over from last year, seeks to reduce minor marijuana possession penalties. The bill amends state law so that first and second marijuana possession offenses (up to 30 grams) are reduced from misdemeanor offenses to a summary offense, punishable by a fine only.

Update: Representative Ron Marsico has offered a June vote before the House Judiciary Committee, with hopes of a full House, and then Senate vote by the end of the summer.

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

California

Expungement
AB 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’s Appropriations Committee is holding a hearing on AB 1793 on 5/25 at 9am.

CA resident? Click here to email your elected officials in support of expunging past records

Employment Protections
AB 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 is scheduled for a vote in Assembly Appropriations Committee on Friday, May 25. The bill must pass the full Assembly floor by June 1.

CA resident? Click here to email your elected officials in support of employment protections for patients

New York

Record Sealing
A. 2142 and S. 3809 would seal the records of those who have previously been convicted of certain marijuana misdemeanors.

New York has historically had one of the highest marijuana arrest rates in the nation largely because of arrests made under the public view and public smoking exceptions to New York’s decriminalization of possession of small amounts of marijuana.

NY resident? Click here to email your elected officials in support of sealing past records

Medical
S 8191 has been introduced in the State Senate to explicitly permit children and developmentally disabled individuals with serious conditions for which medical marijuana has been recommended to have their medicine administered at schools and other facilities, and require school districts and facilities to create policies for medical marijuana administration.

NY resident? Click here to email your elected officials in support of allowing medical marijuana in schools

Opioids
A. 9016 and S. 7564 would permit physicians to recommend cannabis therapy to those struggling with opioid abuse or dependence. Both bills have been stagnant in their respective chambers since January.

Update: A third measure, S. 8820, was introduced on 5/22, to include opioid use as a condition that permits the use of medical cannabis.

NY resident? Click here to email your elected officials in support of adding opioid use to the qualifying conditions list

Illinois

SB 336 would permit physicians to recommend cannabis therapy as an alternative to opioid treatment. It was already approved by the Senate last month.

Update: The House Executive committee voted 8-3 to approve SB 336 on 5/24.

IL resident? Click here to email your elected officials in support of cannabis as an alternative to opioids

New Jersey

A3971 was recently introduced and would establish reciprocity with other states’ medical marijuana program.The measure would allow for out-of-state medical marijuana cardholders to access medical cannabis while visiting New Jersey, in accordance with state law.

NJ resident? Click here to email your elected officials in support of reciprocity

 

Additional Actions to Take

Illinois

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 already approved by the full Senate last month.

Update: SB 2298 was approved by the House on 5/23. It will now go back to the Senate for concurrence.

IL resident? Click here to email your elected officials in support of hemp law expansion

New York

Legislation to legalize the medicinal use of marijuana for dogs, cats and other pets in New York State is pending in the Senate (S. 8772) and Assembly (A. 10104) Health Committees. The bill would allow veterinarians to recommend medical marijuana for our pets. Most non-human animals have an endocannabinoid system like we do, which means they can also benefit from the therapeutic effects of marijuana.

NY resident? Click here to email your elected officials in support of medical marijuana for our furry friends

California

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

Update: AB 3157 was supposed to be heard by the Assembly Appropriations Committee on 5/16, but the hearing was postponed until 5/25 at 9am.

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

That’s all for this week, folks!

NORML Blog, Marijuana Law Reform

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Oklahoma: Polling Shows Strong Voter Support For Upcoming Medical Marijuana Vote

Posted on May 27, 2018 by ushempmuseum

By a margin of nearly 2 to 1, Oklahoma voters support the passage of State Question 788 — a voter-initiated measure to permit patients access to marijuana for therapeutic purposes. Oklahomans will decide on the measure in a special election on Tuesday, June 26.

According to polling data compiled by SoonerPoll.com and released today, 58 percent of likely voters endorse the measure, while 30 percent oppose it. Public support for the patient-centric initiative — which empowers physicians to use their discretion when determining cannabis therapy — has largely held steady, even in the face of growing, organized opposition from members of law enforcement and certain business leaders.

Under the plan, licensed medical marijuana patients may cultivate up to six mature plants, and obtain personal use quantities of marijuana flower, edibles, or infused concentrates from regulated dispensaries. NORML formally endorsed the measure in January.

Initiative proponents gathered sufficient signatures to place the issue before voters in 2016. However, the vote was postponed because when the state attorney general attempted to reword the initiative’s ballot title in a misleading manner. Initiative proponents sued to restore the title’s original wording. This year, proponents fought back legislation which sought to preemptively amend the initiative in a manner that would have curtailed the rights of both patients and their physicians.

Voters in three other states — Michigan, Missouri, and Utah — are anticipated to decide on Election Day on statewide marijuana reform initiatives. Recent polling from those states finds majority public support for all three measures.

NORML Blog, Marijuana Law Reform

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Georgia Legislators Out Of Touch With Constituency

Posted on May 26, 2018 by ushempmuseum

What’s A Straw Poll?

For those that don’t know, a straw poll is an unofficial ballot conducted as a test of opinion.  On 5/22/2018 the question above appeared as the first local question on the Democratic ballot for Forsyth County, Georgia.  “Should Georgia amend the state Constitution to legalize the use of cannabis/marijuana for those 21 years old and older, allow a retail dispensary base, tax said products, and allocate revenue received equally to state education and transportation infrastructure?”

The results are non-binding.  It was just a question to “test the opinion” of the voters.  Well, the voters spoke, and the results are pretty amazing, though not all that surprising.

4996 (a whopping 77%) answered YES
Only 1471 answered NO

Did I mention that a whopping 77% answered YES?

Marijuana On An Official Ballot in Georgia?

How’d that happen?  I reached out to Melissa Clink, who currently chairs the Forsyth Democratic Party and asked that question.  She told me, “Our election board officials asked about a month ahead of elections if we wanted questions on our ballot. These questions take the temperature of voters and in my opinion alert elected officials how their constituents want them to vote on such matters.  I believed marijuana legalization was a high priority question in Georgia”.

Clink said that there was some initial resistance from within the party, although support for medical usage was unequivocal.  As is the case with many citizens in Georgia, some believed Georgia had a viable medical marijuana program and were unaware of some of the hypocrisy in that program.  Clink explained that Georgia has a non-functioning medical use law that does not include in-state growth or access to medicine and that “we need to know how voters feel about outright legalization so that our elected officials can legislate according to the will of the people”.  The question was added to the ballot.

Did I Mention That A Whopping 77% Answered YES?

I bring that up because according to the latest Quinnipiac poll 63% of the Nation favors legalization.  The folks in Forsyth County, Georgia obviously favor it more than that.  Even the Republican Party there is saying they wish they’d asked that, and other, questions.

Catherine Bernard, a liberty-loving criminal defense attorney said: “[this] matches up with my jury selection experience in Forsyth where almost everyone raised their hand when the prosecutor asked who thought it shouldn’t be against the law to have MJ!”

The Heroin Triangle and Education

Forsyth County is in Georgia’s “Heroin Triangle”, and this may have some bearing on why this county ranges 14% higher than the national percentage.  I’m sure they’ve been paying close attention to the growing evidence that marijuana is an exit from opiates, not the gateway.

While the percentage of folks that want marijuana legalized in other Georgia counties may not be quite as high, we know that the majority of citizens want this.  We knew it in 2014 when we had a telephone poll done and over 50% of those polled were for full legalization.  That percentage has grown immensely over the past 4 years.

Why Georgia, Why?

So the questions become, “Why aren’t Georgia Legislators listening? Why aren’t more of them vocally supporting in-State cultivation for medical purposes?  Why aren’t they getting on board with decriminalizing possession of one ounce or less?  Why is it necessary to arrest more than 24,000 people a year for possession?”

Take Action!!

Contact your legislators during this recess.  Reach out to them on their home turf.  Call, write, email.  Express your support for more rational marijuana laws.

Contact your Republican and Democratic Party Chairs.  Discuss a straw poll with them.

“When we are talking, we are winning”.  Sooner now, than later, they will have to listen to us.  The tide is turning in Georgia.

Tom McCain is the Executive Director of Peachtree NORML, fighting for the rights of Georgian cannabis consumers. You can visit their website at www.peachtreenorml.org, follow their work on Facebook and Twitter, and please make a contribution to support their work by clicking here. 

NORML Blog, Marijuana Law Reform

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Florida: Court Strikes Down Legislative Ban On Medical Cannabis Smoking

Posted on May 26, 2018 by ushempmuseum

A Florida Circuit Court judge ruled today that a legislatively enacted ban on the smoking of medical cannabis in private by qualified patients is unconstitutional.

Lawmakers in 2017 passed Senate Bill 8A — which sought to amend provisions in Amendment 2, a voter initiated constitutional amendment permitting the use and distribution of marijuana for medical purposes. Specifically, SB 8A prohibited the possession of marijuana “in a form for smoking” and barred the use of herbal cannabis except in instances where it is contained “in a sealed tamper-proof receptacle for vaping.” Seventy-one percent of Florida voters approved Amendment 2 in November 2016.

Backers of Amendment 2, including the group Florida for Care and longtime medical activist Cathy Jordan, challenged the ‘no smoking’ ban — arguing that lawmakers improperly sought to overrule the will of the electorate. Circuit Court Judge Karen Gievers today ruled in favor of the plaintiffs.

“Section 381.986, Florida Statutes (2017) unconstitutionally restricts rights that are protected in the Constitution, and so the statutory prohibition against the use of smokeable marijuana permitted by [a] qualifying patient is declared invalid and unenforceable,” the judge ruled. “Qualifying patients have the right to use the form of medical marijuana for [the] treatment of their debilitating medical condition as recommended by their certified physicians, including the use of smokable marijuana in private places.”

NORML has long argued against regulations that limit or restrict patients’ access to whole plant herbal cannabis. Many patients seeking rapid relief from symptoms do not benefit from cannabis-infused pills, tinctures, or edibles because they possess delayed onset compared to inhaled cannabis and are far more variable in their effects.

“This ruling is a victory for Florida voters and, in particular, Florida’s patient community,” NORML Deputy Director Paul Armentano said. “These legislatively enacted restrictions arbitrarily sought to limit patients’ choices in a manner that violated the spirit of the law, and cynically sought to deny patients the ability to obtain rapid relief from whole-plant cannabis in a manner that has long proven to be relatively safe and effective.”

The Court’s opinion in the case: People United for Medical Marijuana et al v. Florida department of Health et al., appears online here.

NORML Blog, Marijuana Law Reform

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Senator Jeff Merkley Cosponsors The Marijuana Justice Act

Posted on May 25, 2018 by ushempmuseum

Senator Jeff Merkley (D-OR) today became the fourth Senator to cosponsor the Marijuana Justice Act, joining the bill’s author, Senator Cory Booker (D-NJ) and cosponsors Senators Ron Wyden (D-OR), Kirsten Gillibrand (D-NY), Bernie Sanders (I-VT), and Kamala Harris (D-CA).

The Marijuana Justice Act is the first ever companion legislation that has been introduced in both chambers of Congress remove marijuana from the Controlled Substances Act (CSA).

The bills, S. 1689 and HR 4815 would (1) remove marijuana from the US Controlled Substances Act, thereby ending the federal criminalization of cannabis; (2) incentivize states to mitigate existing and ongoing racial disparities in state-level marijuana arrests; (3) expunge federal convictions specific to marijuana possession; (4) allow individuals currently serving time in federal prison for marijuana-related violations to petition the court for resentencing; (5) and create a community reinvestment fund to invest in communities most impacted by the failed War on Drugs.

The House companion legislation is being sponsored by Representative Barbara Lee (D-CA) and has 37 additional cosponsors.

Click here to send a message to your federal officials to tell them to follow suit and cosponsor the Marijuana Justice Act.

NORML Blog, Marijuana Law Reform

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DEA Report: Marijuana Seizures Fell Nearly 40 Percent in 2017

Posted on May 24, 2018 by ushempmuseum

Seizures of indoor and outdoor cannabis crops in the United States fell nearly 40 percent between the years 2016 and 2017, according to annual data compiled by the US Drug Enforcement Administration.

According to figures published in the DEA’s Domestic Cannabis Eradication/Suppression Statistical Report, the agency and its law enforcement partners confiscated an estimated 3.38 million marijuana plants nationwide in 2017. This total represents a 37 percent decrease from the agency’s 2016 totals, when it eradicated some 5.34 million plants.

As in past years, the majority of seizures nationwide (72 percent) took place in California, where law enforcement seized and estimated 2.45 million plants. That total was 35 percent lower than in 2016, when law enforcement confiscated an estimated 3.78 million plants. California voters in November 2016 legalized adult use marijuana possession, cultivation, and sales.

Law enforcement seized 472,927 plants in Kentucky (down 15 percent from 2016), 74,599 plants in West Virginia (down 40 percent), 62,323 plants in Arkansas (up 93 percent), 60,658 plants in Indiana (up five percent), and 34,646 plants in Tennessee (down 73 percent).

The agency and its partners reported making 4,502 arrests in conjunction with their cannabis eradication efforts – a 20 percent decline from 2016.

The DEA also reported seizing some $ 20.5 million in assets during their confiscation efforts – a 60 percent reduction from the previous year.

You can click here to send a message to your member of Congress to support pending legislation known as the Stop Civil Asset Forfeiture Funding for Marijuana Suppression Act to reduce the DEA’s enforcement policies even faster. 

Full data from the DEA’s 2017 report, as well as past years’ reports, are available online here.

NORML Blog, Marijuana Law Reform

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Arizona: Supreme Court Affirms That Lawmakers Cannot Ban Medical Cannabis Access on College Campuses

Posted on May 24, 2018 by ushempmuseum

In a ruling issued today by the Arizona Supreme Court, justices upheld an appellate court decision striking down a 2012 law that sought to forbid medical cannabis access on college campuses.

Lifetime NORML Legal Committee member Tom Dean represented the patient-defendant in the case pro bono, and called the decision a “victory for democracy.”

Justices opined that the 2012 law was unconstitutional because it impermissibly sought to amend the Arizona Medical Marijuana Act, which voters passed in 2010. State law limits the legislature’s ability to amend, repeal, or supersede voter-initiated laws.

“Because the AMMA sets forth a list of locations where the legislature may impose ‘civil, criminal or other penalties’ when a person possesses or uses marijuana, § 36-2802, and because that list does not include college and university campuses (unlike pre-, primary-, and secondary-school grounds), we assume that the voters did not intend to criminalize AMMA-compliant possession or use of marijuana on public college and university campuses,” the court ruled. It further rejected the state’s claim that a campus-wide ban was necessary in order to preserve universities’ federal funding.

“If the State had prevailed, they could then have tampered with any and all ballot initiatives, past, present, and future,” said Dean. “This is a victory for all Arizona voters and especially for medical marijuana patients.”

The ruling sets aside the felony conviction of defendant Andrew Lee Maestas, who was initially charged and found guilty of the possession of 0.4 grams of marijuana despite his status as a state-registered medical cannabis patient.

The case is Arizona v Maestas, No. CR-17-0193-PR.

NORML Blog, Marijuana Law Reform

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NORML PAC Endorses Jared Polis for Colorado Governor

Posted on May 23, 2018 by ushempmuseum

NORML PAC is pleased to announce our endorsement of Jared Polis for Governor of Colorado.

During his tenure in Congress, Jared Polis has been the preeminent champion for ending our nation’s failed federal prohibition on marijuana and an unrelenting force in standing up for Colorado’s legalization and medical marijuana laws. At this crucial time in the fight for sensible marijuana policy, Coloradans need an outspoken defender of their state’s right to legalize and regulate marijuana. 

Click here to spread the word on Twitter

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Jared Polis is the only choice for Colorado governor who will truly stand up to Attorney General Jeff Sessions and his prohibitionist agenda and aggressively defend the will of the majority of Coloradans who voted to approve and still support the regulated adult use of marijuana.

Colorado deserves a leader who will stand up and fight for the Colorado’s legalization law and serve as an advocate to encourage other states to follow in the Rocky Mountain State’s footsteps, Colorado deserves a leader like Jared Polis. Help us make that a reality.

Commenting on the endorsement, Jared Polis stated:  “I’ve been proud to lead the fight for cannabis reform in Congress, and NORML has been an incredibly valuable partner in that effort, Here in Colorado, we’ve proven that legal cannabis creates jobs; funds schools, not cartels; and boosts our economy, not our prison population, and I look forward to growing this industry. It’s an honor to have NORML’s endorsement, and I will proudly stand with them against Jeff Sessions or anyone else who tries to come after legal cannabis in Colorado.”

Click here to spread the word on Twitter

Click here to make a post on Facebook

Political campaigns live and die on the support of volunteers. If you can sign up to help canvas voters, phone bank, or just general assist the Polis for Colorado campaign, you can sign up to HERE.

If you want to make a contribution towards his victory in the primary election, you can do so HERE.

Jared is running in in the Democratic primary which will be held on June 26th. Click HERE to check your voter registration, find your polling place, and learn more about voting in Colorado.

NORML Blog, Marijuana Law Reform

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Join us this summer for the 2018 NORML Conference

Posted on May 23, 2018 by ushempmuseum

2018 NORML Conference and Lobby DayNORML is pleased to formally announce the dates for our 2018 National NORML Conference and Lobby Day. The conference will run from July 22nd – 24th in Washington, DC at the Capital Hilton. This year, we are excited to add an additional day of activities in addition to our traditional programming. Click here to register now!

July 22nd: NORML Activist Strategy Summit

For 2018, we’ve going to do a deep dive into grassroots organizing with the NORML Activist Strategy Summit. Attendees will be able to choose from a number of important areas of interest and engage in free-flowing, peer to peer strategizing on issues including running an effective chapter, communications strategy, social media and online activism, and more. Each topic area will be moderated by outstanding NORML activists from across the country paired with a member of the National staff and provide an outlet for individuals to share stories based on their advocacy experiences, exchange tips for best practices, and come up with new concepts to put into play to help push us closer to the end of prohibition.

Topics include: Organizing political candidate forums, “big organizing” for lobby days, personal narrative development, and more.

July 23rd: NORML Conference & Benefit Party

On Monday, July 23rd we will host our formal conference programming. There will be panels, debates, and individual speakers covering a wide range of topics including: marijuana and its impact on the opioid crisis, how to engage in local reform efforts, NORML’s role in the 2018 midterms, marijuana reform as a social justice issue, and updates current 2018 ballot initiative efforts.

In the evening, attendees will gather for a NORML benefit party to enjoy live entertainment and networking.

July 24th: Congressional Lobby Day

For the final day, NORML supporters will once again descend upon Congress to advocate for federal reforms. The reason we chose to hold the conference and lobby day at this point in the calendar was because this week represents the final week of legislative session before lawmakers go home for the August recess when they will be explaining to voters why they should be reelected.

Last year, we had activists from 24 different states attend over 150 scheduled meetings with Congressional offices and we aim to exceed that this year, with your help!

REGISTER NOW TO RESERVE YOUR PLACE AT THIS IMPORTANT EVENT

We are at a critical time for our nationwide movement to end marijuana prohibition. Join citizens from all across the country to learn new strategies, hear about the latest scientific and political advancements in the reform movement, and meet in person with your elected officials and their offices to advocate for legalization. With over 60 percent of the American people in support of ending prohibition and three-quarters of voters supporting the states that have done so, the time to act is now.

Can’t wait to see all of you this summer!

The NORML Team

P.S. Can’t make it in July? Our efforts are supported by thousands of people throughout the country as we work to advance marijuana reform in all 50 states and the federal level. Can you kick in $ 5, $ 10, or $ 20 a month to help us keep going?

NORML Blog, Marijuana Law Reform

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