Weekly Legislative Roundup 2/9/18

Posted on February 9, 2018 by ushempmuseum

Welcome to this week’s edition of NORML’s Weekly Legislative Roundup!

First, I’d like to highlight a key development at the federal level pertaining to established medical marijuana businesses and consumers.

The protections for lawful medical marijuana patients and businesses from the Department of Justice provided by the Rohrabacher-Blumenauer budget amendment was temporarily extended through March 23rd and we are working to ensure that it will be a part of any budget deal for the rest of the fiscal year. In the last week alone, NORML members sent thousands of messages to members of Congress and we plan to keep the pressure up. If you have not already, send a letter to your elected officials in support of extending these important protections.

At the state level, New Jersey lawmakers are set to begin holding hearings on marijuana legalization next month, with the first one scheduled for March 5th, and activists in Maryland lobbied state lawmakers in the capital to support legislation that would put legalization on this year’s November ballot.

Additionally, at the state level, an Indiana medical marijuana bill is dead for this session.

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

West Virginia

Legislation is pending, House Bill 3035, to regulate the adult use and retail sale of marijuana.

The bill states that  “In the interest of allowing law-enforcement to focus on violent and property crimes, generating revenue for education and other public purposes, and individual freedom, the Legislature of the State of West Virginia finds that the use of marijuana should be legal for a person twenty-one years of age or older and taxed in a manner similar to alcohol.”

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

New Jersey

Legislation is pending, Assembly Bill 1557 to legalize adult use marijuana possession and to provide for records expungement for certain past marijuana offenses.

The measure bill would legalize marijuana by removing all criminal liability associated with marijuana from the New Jersey Code of Criminal Justice. With respect to criminal or disorderly persons offense convictions pre-dating marijuana legalization that relate to marijuana possession, use or being under the influence of marijuana, or failure to make lawful disposition of marijuana, these convictions would be expunged in an expedited process.

Unlike Assembly Bill 1348 and Senate Bill 830, this measure does not establish a regulated commercial market governing the production and retail sale of marijuana.

 

New Hampshire

The New Hampshire Legislature is considering HB 656, a bill which would legalize and regulate the personal use of marijuana by persons 21 years or older.

The bill also allows the cultivation, possession, and use of hemp, and calls for retail sales and generation of state revenues through taxation, as well as authorizes the licensing of marijuana wholesale, retail, cultivation, and testing facilities.

Update: a public hearing is happening on 2/13 at 10:00AM in Legislative Office Building 210-211.

NH resident? Click here to email your elected officials in support of legalizing marijuana

Nebraska

Senator Wishart has introduced a constitutional amendment, LR293CA, to put this issue of medical marijuana legalization to a direct vote on this year’s November ballot.

Update: LR293CA was heard by the Judiciary Committee on 2/8/18.

NE resident? Click here to email your elected officials in support of letting the voters decide

Arizona

Representative Mark Cardenas (D) has introduced legislation, House Bill 2014, to decriminalize marijuana possession offenses.

House Bill 2014 reclassifies minor marijuana possession offenses from a felony to a civil offense, punishable by a maximum $ 100 fine only — no arrest, no criminal prosecution, and no criminal record.

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

Tennessee

Senator Sara Kyle and Representative Larry Miller have introduced legislation SB 2320 and HB 2391seeking to place a ballot initiative before voters with regard to the legalization of medical marijuana.

If passed, these bills would place the following advisory question on the November 2018 ballot:

Should the Tennessee legislature approve the use of medical marijuana?

TN resident? Click here to email your elected officials in support of a ballot question

Alabama

Republican State Senator Dick Brewbaker has introduced Senate Bill 251, which seeks to decriminalize the possession of up to one ounce of marijuana. By contrast, the measure also enhances penalties for offenses involving the possession of marijuana over one ounce.

Senate Bill 251 reduces penalties for the possession of up to one ounce of marijuana from a criminal misdemeanor, punishable by up to one year in jail and a $ 6,000 fine, to a non-criminal violation and punishable by a fine of no more than $ 250 — no arrest and no criminal record.

However, provisions in the bill also reclassify offenses involving quantities of marijuana above one ounce as felonies.

AL resident? Click here to email your elected officials  and urge them to amend SB 251 in a manner the benefits all marijuana possession offenders

South Carolina

Legislation is pending, H 3521: The South Carolina Compassionate Care Act, to allow for the physician-authorized use of marijuana for patients with specific debilitating medical conditions.

If passed, the bill would provide patients with regulated access to medical cannabis via licensed providers.

SC resident? Click here to email your elected officials in support of medical marijuana access

Idaho

Legislation is pending to provide “for the lawful use and possession of Cannabidiol Oil (CBD), if prescribed by a (licensed) practitioner.”

Similar legislation seeking to provide qualified patients with CBD access was vetoed by Gov. Otter in 2015.

Update: The bill, RS25862, was approved for consideration by the Idaho House Health & Welfare Committee.

ID resident? Click here to email your elected officials in support of CBD access

North Carolina

Legislation is pending, HB 185 and SB 948: The North Carolina Medical Cannabis Act, to allow for the physician-authorized use of marijuana and marijuana-infused products for patients with specific debilitating medical conditions. The measures provide patients with regulated access to medical cannabis via licensed providers.

NC resident? Click here to tell your elected officials to legalize medical marijuana

Additional Actions to Take

Vermont

Legislation is pending, H.865, to permit those convicted of past marijuana convictions to seek expungement.

If passed, H.865 would allow individuals to file a petition with the court requesting expungement for any past marijuana violation that is no longer defined as a crime under state law.

VT resident? Click here to email your elected officials in support of expunging past marijuana convictions

 California

Assemblyman Rob Bonta (D-Oakland) has introduced legislation, AB 2069, to strengthen employment rights for medical cannabis patients.

The bill 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.

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

Kansas

Legislation is pending, SB 263, to establish a state-licensed industrial hemp research program.

Federal law explicitly authorizes states to engage in the state-authorized cultivation of hemp for research purposes. Over two dozen states have enacted legislation permitting licensed hemp cultivation in a manner that is compliant with federal law.

KS resident? Click here to email your elected officials in support of industrial hemp research

Illinois

Legislation is pending, SB 336, to permit physicians to recommend cannabis therapy as an alternative to opioid treatment.

Update: SB 336 passed the Senate Executive Committee on February 7 by a vote of 16-1.

IL resident? Click here to email your elected officials and tell them to put opioid dependence on the list of qualifying conditions

Alaska

Legislation is pending, HB 300, to make Alaska a so-called ‘sanctuary state’ for licensed marijuana operators, prohibiting “the expenditure of state or municipal assets to enforce federal marijuana laws.”

With US Attorney General Jeff Sessions having recently rescinded federal guidance memos protecting state-licensed, marijuana-related activity, passage of this legislation is more crucial than ever.

AK resident? Click here to tell your elected officials to make Alaska a sanctuary state

Hawaii

Democratic State Representative John Mizuno has introduced legislation, HB 2740, to allow for out-of-state medical marijuana cardholders to access medical cannabis while visiting Hawaii.

Other provisions in the bill prohibit employers from either discriminating against or taking punitive actions against employees solely based on their medical cannabis use or patient status.

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

Utah

Republican Brad Draw has introduced legislation, HB 197, “to ensure the cultivation and processing of cannabis in the state for academic or medical research purposes.”

If passed, this bill mandates the Department of Agriculture to engage in the cultivation, processing, and distribution of marijuana for the purposes of engaging in academic or medical research.

UT resident? Click here to email your elected officials in support of medical marijuana research

Check back next week for more legislative updates!

NORML Blog, Marijuana Law Reform

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Seattle To Vacate Criminal Convictions For Former Marijuana Offenders

Posted on February 9, 2018 by ushempmuseum

Following in the footsteps of San Francisco, Seattle city officials announced today that they will be vacating the criminal convictions of former marijuana offenders.

Seattle’s mayor and city attorney plan to ask the courts to vacate all misdemeanor marijuana possession convictions that were prosecuted before the plant was legalized in Washington state in 2012.

Between the years 1986 and 2010, police in Washington made an estimated 240,000 marijuana possession arrests.

Stated Mayor Jenny Durkan: “[T]his action is a necessary first step in righting the wrongs of the past and putting our progressive values into action. … Our action will affect people who had been convicted of offenses for conduct that is now legal under state law. People won’t have to take any actions like hiring a lawyer or going to a court hearing. … I hope these actions we’re taking here in Seattle can lay the foundation for other cities, counties and states to act, too.”

Last week, 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. Legislation to enact a similar automatic expungement policy statewide is pending in the California Assembly.

Legislation is also pending in Vermont to make it easier for those with past criminal marijuana convictions to petition the court for expungement. In Pennsylvania, legislation is anticipated to be introduced shortly to vacate previous marijuana convictions for patients who have enrolled in the state medical marijuana program.

NORML Blog, Marijuana Law Reform

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On Building A Consumer Friendly Market In Nevada

Posted on February 8, 2018 by ushempmuseum

For decades, Las Vegas has been a place known to play fast and loose – and this is even becoming evident in our emerging Marijuana Industry. On January 16, 2018, hundreds of citizens, business owners, and marijuana consumers met to provide public comment on the proposed set of permanent regulations issued by the Nevada Department of Taxation at a public hearing. Taxation in Nevada certifies, audits, coordinates and educates hundreds of state-certified marijuana establishments such as dispensaries, cultivation facilities, production facilities and independent testing laboratories. In 2016, over 600,000 Nevadan’s voted to legalize marijuana, giving the Department of Taxation the authority to regulate the operation of Marijuana Establishments, award and limit licensing, and carry-out other provisions of ballot measure 2. However, due to lack of transparency in the scoring process outlined in the proposed regulations for how these licenses are awarded, dozens went on the record to speak out to the Commision in opposition.

There were many areas of concern, but because there is little clarity on how the applications for licenses are granted, it would appear there is instead, favors being given to Insiders. Multiple licenses of varying types are being awarded to the same small group of millionaires, allowing for extremely monopolistic practices. When an entity is able to cultivate, produce and dispense all of their own product, there is little incentive to vertically integrate other brands. Cultivators of great brands without a dispensing license are unable to sell their own product, leaving the success of their business in the hands of Dispensaries. In addition, license holders are able to resell licenses, and due to a cap on how many will be issued, the current value of a license is approximately $ 10 million. This bears significance on who is able to establish themselves in this surfacing industry and is shutting potential small businesses and minorities out. This over-burdened cost to obtain a license dramatically impacts the price tag on products available in the marketplace. Including the marijuana tax, ? of cannabis in Las Vegas is on average $ 65! Patients and locals have not only been faced with extreme costs but competition with tourists, resulting in limited availability.

After nearly 3 hours of public comment, the Taxation Commision still made a motion to move forward with the proposal after ZERO deliberation. Because it’s not too late, we are asking Nevadans to urge the Legislation to insist the Department of Taxation extend their deadline of March 1st in order to revisit the verbiage, paying close attention to what the Department can and cannot do according to Question 2. With other States looking at Nevada as a model for a successful program, it is vital the regulations be revisited to ensure fairness and inclusion instead of monopolies and reverting back to old Las Vegas ways.

Frank Sinatra once said, “Las Vegas is the only place I know where money really talks–it says, “Goodbye,”.”

Madisen Saglibene is the Executive Director of Las Vegas NORML. 

Visit their website at http://lvnorml.org/ and follow them on Facebook and Twitter.

NORML Blog, Marijuana Law Reform

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House Judiciary Democrats Call For Marijuana Hearing

Posted on February 8, 2018 by ushempmuseum

Earlier today in Washington, DC, Democratic members of the House Judiciary Committee sent a letter to committee Chair Bob Goodlatte (R-VA), requesting a hearing on the recent revocation of the Cole Memo by Attorney General Jeff Sessions.

The Cole Memo, was a Justice Department memorandum, authored by former US Deputy Attorney General James Cole in 2013 to US attorneys in all 50 states, directing prosecutors not to interfere with state legalization efforts and those licensed to engage in the plant’s production and sale, provided that such persons do not engage in marijuana sales to minors or divert the product to states that have not legalized its use, among other guidelines.

In their letter, the Democrats wrote:

“We fear that the elimination of the Obama Administration’s marijuana enforcement guidance will promote an inefficient use of limited taxpayer resources and subvert the will of voters who have clearly indicated a preference for legalized marijuana in their states.”

Rep. Goodlatte has refused to hold a hearing on marijuana since he took over as the Chair of the powerful Judiciary Committee, where any serious reform legislation would originate.

Recently, Congressman Jerry Nadler was elected by his colleagues to be the ranking member of the minority party on the committee. Rep. Nadler has earned an “A+” rating on the NORML Scorecard for his support of ending the federal prohibition of marijuana, positive votes when given the opportunity, and his co-sponsorship of legislation including the Regulate Marijuana Like Alcohol Act in the previous session of Congress.

The current Chairman of the committee is Rep. Bob Goodlatte (R-VA), a longtime opponent of marijuana reform who has earned a “D” on the NORML scorecard for voting against reform amendments when given the opportunity. However, Rep. Goodlatte had announced earlier this year that he will not be running for reelection, which will leave a wide-open race on the Republican side who will be the top member in the next Congress.

Given the political climate, in order to secure hearings on legislation that would end prohibition, it is essential that the next Chairman of the Judiciary be willing to address the issue.

In the meantime, we simply will have to wait and see how Rep. Goodlatte responds.

You can reach Congressman Goodlattes DC office by phone at: (202) 225-5431. If you call his office, let us know what his staff said in the comments below.

Here is the full letter by the Judiciary Democrats:

The Honorable Bob Goodlatte
Chairman
House Committee on the Judiciary
2138 Rayburn House Office Building
Washington, D.C. 20515

Dear Chairman Goodlatte:

We are deeply concerned by the recent action by Attorney General Sessions rescinding Department of Justice (DOJ) marijuana enforcement guidance issued during the Obama Administration.  We write to request a hearing of the full Judiciary Committee regarding this decision.

On January 4, 2018, Attorney General Sessions issued a memorandum to U.S. Attorneys eliminating marijuana enforcement priorities set forth under President Obama.  Previous memoranda issued during the Obama Administration, such as the memorandum issued in 2013 by then Deputy Attorney General James Cole (Cole Memo), made clear the considerations the federal government should use when deciding to prosecute violations of the Controlled Substances Act related to marijuana. Rather than targeting individuals in states that had legalized marijuana and consequently set up complex regulatory systems, the government focused on priorities that were significant to the federal government. These included preventing gangs and cartels from profiting from marijuana sales and ensuring that state-authorized marijuana was not used to hide other illegal activities.

We fear that the elimination of the Obama Administration’s marijuana enforcement guidance will promote an inefficient use of limited taxpayer resources and subvert the will of voters who have clearly indicated a preference for legalized marijuana in their states.  Further, the January 4 memorandum by Attorney General Sessions fails to provide any evidence that prosecuting marijuana in states where it has been legalized will make Americans safer.  DOJ should instead pursue enforcement strategies that are sensible, effective, and enhance public safety, and the Judiciary Committee should be included in these discussions.

The Judiciary Committee has a fundamental duty to conduct oversight on the Department of Justice.  It is critical that the members of our committee have an opportunity to ask questions about this recent rescission in a formal setting and evaluate potential legislation related to marijuana. Therefore, we respectfully request a hearing by the full Committee on these issues.

Sincerely,

Representative Jerrold Nadler (D-NY)
Representative Zoe Lofgren (D-CA)
Representative Sheila Jackson Lee (D-TX)
Representative Steve Cohen (D-TN)
Representative Hank Johnson (D-GA)
Representative Hakeem Jeffries (D-NY)
Representative David Cicilline (D-RI)
Representative Eric Swalwell (D-CA)
Representative Ted Lieu (D-CA)
Representative Jamie Raskin (D-MD)
Representative Pramila Jayapal (D-WA)

NORML Blog, Marijuana Law Reform

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Be a Member of the Movement

Posted on February 6, 2018 by ushempmuseum

When NORML was founded in late 1970, only 12% of the country supported legalizing marijuana; 88% were opposed to our goals. After decades of hard work by thousands of committed advocates like you, we have gradually won the hearts and minds of a majority of the public. Today, over 60 percent of adults nationwide support ending marijuana prohibition and establishing a regulated market where consumers can obtain marijuana in a safe and secure setting.

We are certainly proud of the enormous progress we have made toward ending marijuana prohibition, especially the gains we have made over the last several years. Today, 30 states have legalized the medical use of marijuana; eight states and the District of Columbia have fully legalized the recreational use of marijuana. And we continue to add more victories each year.

But legalization in Colorado means nothing to those who are arrested for simple possession in Georgia, just as a robust medical program in California means nothing to the cancer patient in North Carolina.

So far this year, we are pushing for over 70 pieces of legislation and expect that number to easily eclipse 150 in the coming weeks.

This is why your support is more important than ever and to show it, we’re bringing back the NORML membership cards.

The goal at NORML is to achieve a policy under which responsible cannabis consumers are treated fairly in all aspects of their lives.

First and foremost, our mission is to reform state and federal marijuana laws to ensure that no adult will ever face criminal or civil penalties for the responsible consumption of marijuana and that all Americans have the ability to access cannabis for medicinal use if recommended by their physician.

However, just because more states have begun to legalize adult-use and medicinal marijuana doesn’t mean the fight is over; cannabis consumers are still being penalized and discriminated against in a number of ways.

We believe that:

It is wrong that consumers remain subject to job discrimination. Employers ought not to be able to fire employees solely for their off-job marijuana usage, just as employers are unable to sanction employees who consume alcohol after work or on the weekends.

Marijuana consumers must not be subject to over-regulation and excessive taxation. Marijuana consumers want a product that is safe, convenient and affordable. We want the marijuana to be tested in a state-certified lab to assure it is free of molds and harmful pesticides, and we want accurate labelling of the THC and CBD levels.

And parents all too often have to fight to maintain custody of their children. The mere fact that a parent chooses to consume marijuana must not be treated under the law as a presumption they are unfit parents.

And thousands of drivers are arrested for driving under the influence of marijuana, simply because they tested positive for some small amount of THC in their system, without the slightest evidence they were driving while impaired. NORML opposes the imposition of these zero-tolerance per se traffic safety laws and is lobbying for their repeal.

So, as you can see, we still have lots of work ahead of us — even in those states that have enacted some form of marijuana legalization. “>Please join our fight today by becoming a card-carrying member of NORML.

NORML Blog, Marijuana Law Reform

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Status Report: The Impact Of Adult Use Regulatory Schemes

Posted on February 6, 2018 by ushempmuseum

The legalization and regulation of marijuana for adults is associated with a drastic reduction in overall arrests, increased tax revenue, and is not adversely impacting public health or safety, according to a comprehensive report issued by the Drug Policy Alliance.

Among the report’s highlights:

• Marijuana arrests are down. Arrests for marijuana in all legal marijuana states and Washington, D.C. have plummeted, saving states hundreds of millions of dollars and sparing thousands of people from being branded with lifelong criminal records.

• Youth marijuana use is stable. Youth marijuana use rates have remained stable in states that have legalized marijuana for adults age 21 and older.

• Marijuana legalization is linked to lower rates of opioid-related harm. Increased access to legal marijuana has been associated with reductions in some of the most troubling harms associated with opioids, including opioid overdose deaths and untreated opioid use disorders.

• Calls to poison control centers and visits to emergency departments for marijuana exposure remain relatively uncommon.

• Legalization has not made the roads less safe. DUI arrests are down in Colorado and Washington. The total number of arrests for driving under the influence, of alcohol and other drugs, has declined in Colorado and Washington, the first two states to regulate marijuana for adult use. There is no correlation between marijuana legalization and crash rates. The crash rates in both states are statistically similar to comparable states without legal marijuana laws.

• Marijuana tax revenues are exceeding initial estimates.

• The marijuana industry is creating jobs. Preliminary estimates suggest that the legal marijuana industry employs between 165,000 to 230,000 full and part-time workers across the country.

The full DPA report is available online here. Their findings are similar to prior reviews of the impact of adult use regulatory schemes on health and safety, such as this 2016 CATO Institute report.

NORML has similarly compiled fact-sheets of the most relevant peer-reviewed data addressing the impact of legalization on health, safety, and the economy here.

NORML Blog, Marijuana Law Reform

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Weekly Legislative Update 2/2/2018

Posted on February 3, 2018 by ushempmuseum

Welcome to the first NORML Legislative Roundup of 2018!

First, I’d like to highlight a key development at the federal level pertaining to established medical marijuana businesses and consumers.

The protections for lawful medical marijuana patients and businesses from the Department of Justice provided by the Rohrabacher-Blumenauer budget amendment was temporarily extended through February 8th and we are working to ensure that it will be a part of any budget deal for the rest of the fiscal year. In the last week alone, NORML members sent thousands of messages to members of Congress and we plan to keep the pressure up. If you have not already, send a letter to your elected officials in support of extending these important protections.

At the state level, NJ  Gov. Phil Murphy signed an executive order calling on state regulators to review the state’s eight-year-old medical cannabis access program, and a Virginia House bill to expand the state’s limited medical cannabis law was unanimously approved by the House floor.

Additionally, at the state level, several marijuana-related bills are already dead for this session. These include two Virginia bills to decriminalize marijuana possession, as well as four Mississippi bills- one to decriminalize possession, two related to medical marijuana, and the last to license and regulate adult use marijuana.

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.

Thanks for all you do and together we will win,
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

New Mexico

Democratic state Senator Gerald Ortiz y Pino pre-filed legislation, SJR 4, to legalize, tax, and regulate adult use marijuana in New Mexico.

Update: The Senate Rules Committee voted four to three to approve SJR 4 today. If approved by lawmakers, voters would then be asked whether they want the state to legalize marijuana on this year’s November ballot.

NM resident? Click here to email your elected officials telling them it’s time to legalize marijuana

Minnesota

Legislation is pending in the House and Senate, HF 927 and SF 1320, to legalize the personal use and cultivation of small amounts of marijuana for those 21 and older, and establish a licensing scheme for its commercial production and retail sale.

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

Maryland

Legislation is pending, SB 1027, to expand the state’s marijuana decriminalization law.

If passed, SB 1027 would amend penalties so that the possession of up to one ounce of marijuana is classified as a civil rather than a criminal offense. Under current law, the possession of more than ten grams of marijuana is a criminal misdemeanor, punishable by up to one year in prison and a $ 1,000 fine.

MD resident? Click here to email your elected officials in support of expanding the decriminalization law

Virginia

Senator Siobhan S. Dunnavant (R-12) introduced SB 726 to expand the state’s limited medical cannabis law. Delegate Benjamin Cline (R-24) has introduced companion bill, HB 1251.

The measures would permit doctors to recommend CBD and THC-A oils to any patient they believe would benefit. Under present law, only a neurologist may recommend cannabis oils, and only for patients with intractable epilepsy.

Update: SB 726 has reported out of committee and is awaiting a floor vote. House Bill 1251 was approved by the House today with a vote of 98 to zero.

VA resident? Click here to email your elected officials and tell them to leave it up to the medical professionals

Iowa

Legislation is pending, SF 280 and SF 432, to amend marijuana possession penalties for first-time offenders.

Senate File 280 and SF 432 reduce criminal penalties for possession of 5 grams of marijuana or less from a serious misdemeanor, punishable by up to 6 months in jail and a maximum fine of $ 1,000, to a simple misdemeanor, punishable by no more than 30 days in jail and/or a $ 625 fine.

Update: SF 432 was approved on a voice vote by the Iowa Senate Judiciary Committee and now awaits action on the Senate floor, and SF 280 has cleared a Republican-led subcommittee in the Senate.

IA resident? Click here to email your elected officials in support of reducing possession penalties for first time offenders

Additional Actions to Take

New York

Legislation is pending in both chambers, A. 9016 and S. 7564 to permit physicians to recommend cannabis therapy to those struggling with opioid abuse or dependence.

NY resident? Click here to email your elected officials in support of expanding the state’s medical marijuana program

Hawaii

Legislation is pending, HB 1893, to permit physicians to recommend cannabis therapy to those struggling with opioid abuse or dependence.

Update: HB 1893 was heard by HHS yesterday in the House.

HI resident? Click here to email your elected officials in support of medical marijuana expansion

Pennsylvania

Democratic state Senator Anthony Williams has introduced Senate Resolution 258 to amend the Controlled Substances Act so that marijuana is no longer classified as a Schedule I controlled substance.

If passed, this resolution would urge Congress to take action to amend federal law so that states could regulate cannabis absent undue federal interference.

Update: A state Senate committee has unanimously approved the resolution to urge Congress to reevaluate marijuana’s classification as a Schedule I controlled substance and recognize marijuana’s medical purposes.

PA resident? Click here to email your elected officials in support of descheduling marijuana from the CSA

Arizona

Legislation is pending, House Bill 2144, to make Arizona a so-called ‘sanctuary state’ for licensed marijuana operators.

With US Attorney General Jeff Sessions having recently rescinded federal guidance memos protecting state-licensed, marijuana-related activity, passage of this legislation is more crucial than ever.

If passed, this bill would prevent the state from providing federal agents with the names, addresses and/or other related information pertaining to businesses that have been issued permits to grow, distribute and sell marijuana.

AZ resident? Click here to email your elected officials in support of medical marijuana protections

Check back next Friday for more legislative updates!

NORML Blog, Marijuana Law Reform

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Thousands Of Californians To Have Their Marijuana Convictions Dismissed

Posted on February 2, 2018 by ushempmuseum

Cannabis PenaltiesSan Francisco city officials announced plans yesterday to begin reviewing and automatically expunging thousands of past marijuana possession convictions.

The District Attorney’s office says that it will review, dismiss, and seal an estimated 3,000 misdemeanor marijuana convictions dating back to 1975. The office also intends to review and resentence many past felony convictions.

Provisions in the state’s 2016 voter-approved marijuana law allow those with past marijuana convictions to petition the court for expungement. However, because this process that is often time consuming and can cost hundreds of dollars in legal fees, San Francisco’s D.A. George Gascón says that his office will instead “wipe out convictions en masse.”

Commenting on the policy change, California Lieutenant Governor Gavin Newsom said in a statement, “This example, one of many across our state, underscores the true promise of Proposition 64 – providing new hope and opportunities to Californians, primarily people of color, whose lives were long ago derailed by a costly, broken and racially discriminatory system of marijuana criminalization.”

NORML Deputy Director Paul Armentano concurred, telling reporters: “The stigma associated with a marijuana arrest and criminal conviction is lifelong, and can directly lead to numerous lost opportunities later in life. The San Francisco District Attorney’s office is to be commended for proactively rectifying this situation — one that has disproportionately burdened far too many young people and people of color. Let’s hope other jurisdictions follow San Francisco’s lead in righting the wrongs of cannabis criminalization.”

Perhaps even more importantly, legislation now pending in the California Assembly, AB 1793, seeks to expand this automatic expungement process statewide. If you reside in California, please click here to use NORML’s Action Alert to urge your lawmakers to support this critical legislative effort.

NORML Blog, Marijuana Law Reform

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Maine: Marijuana Moratorium Measure Expires

Posted on February 2, 2018 by ushempmuseum

Maine Yes on 1Emergency legislation enacted in January 2017 to delay the implementation of several provisions of Question 1: The Marijuana Legalization Act expired today. Proposed legislation in Maine’s House of Representatives to extend the moratorium until May 1, 2018 failed by a vote of 81 to 65.

Republican Gov. Paul LePage, who opposed Question 1, had demanded lawmakers seek a nearly one-year additional extension to the existing moratorium. In November, Gov. LePage vetoed legislation that sought to implement provisions in the Act regulating the production and retail sales of cannabis to adults.

Absent the passage of explicit legislation governing the licensed production and retail sale of marijuana, there still remains no legal way for businesses in Maine to legally grow or sell cannabis commercially. Provisions in Question 1 permitting the establishment of state-licensed social clubs for adult marijuana users also remain indefinitely on hold.

By contrast, language in the Act prohibiting employers from taking punitive action against personnel for their off-the-job use of cannabis is anticipated to now go into effect. Specifically, the initiative states, “A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person 21 years of age or older solely for that person’s consuming marijuana outside of the school’s, employer’s or landlord’s property.” While the language does not mandate employers to in any way accommodate employees’ marijuana use while on the job, nor does it permit employees to be at work while under the influence, it does limit the ability for an employer to discriminate against those who test positive on either a workplace or a pre-employment drug test. In preparation for this law change, the Maine Department of Labor has removed marijuana from the list of drugs for which an employer may test in its “model” applicant drug-testing policy, according to a January 30 report on the legal website Lexology.com.

Separate provisions permitting adults to possess and grow limited quantities of cannabis took effect early last year after action taken by the legislature.

NORML Blog, Marijuana Law Reform

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Indiana House votes to allow Hoosier farmers to grow cannabis plants with low THC

Posted on February 1, 2018 by aaron

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The Indiana House voted unanimously Wednesday for a bill that would allow Hoosier farmers to grow industrial hemp — marijuana’s low-THC cousin.

Under Rep. Jim Lucas’ House Bill 1137, acres of the green leafy plants could be intermingled with rows of corn across family farms in Indiana. Currently only researchers at institutions are allowed to grow the plant, and are unable to do so for commercial purposes. Only Purdue University researchers are growing the product in the state.

The provision could see some push back in the Senate, or from individuals like Attorney General Curtis Hill, who has been outspoken against marijuana legalization.

The Indiana House and Senate appear to be on the same page when it comes to legalizing cannabidiol, a product derived from hemp. However, permitting the growth and manufacturing of hemp would take its legalization a step further.

Many senators were already reluctant to vote for a bill last year that legalized CBD oil for epileptic patients. That measure passed by a 36-13, compared to the unanimous vote in the House.

► More: Holcomb: Indiana stores can continue to sell CBD oil while lawmakers work on fix to law

► More: Indiana takes small step toward legalizing medical marijuana as House votes to study issue

Proponents say House BIll 1137 is a “jobs bill” and could lead to economic growth, while opponents worry about the legality of growing a plant with some similar properties to marijuana.

“Everything I’ve seen says industrial hemp is probably a harmless crop,” Senate leader David Long said. “I have no problem with that, I’m just not sure the federal government issue isn’t still holding us back.”

The federal 2014 farm bill allows states to permit the growth of industrial hemp for research purposes. Kentucky already has a broad industrial hemp pilot program, similar to the pilot program Indiana would begin with this piece of legislation.

Under Kentucky law, farmers can apply for a permit to grow and manufacturer industrial hemp and sell it for various products, such as CBD oil, hemp seed oil and fiber for car manufacturing.

The farm bill permits “marketing research” but also says hemp shouldn’t be grown “for the purpose of general commercial activity.”

The Kentucky Department of Agriculture says its program follows federal law, but others in the industry aren’t so sure.

“There’s been no research that I’ve seen directly,” said Janna Beckerman, a Purdue professor who studies hemp. “It’s sort of a big wink: ‘Oh yea we’re doing research.’”

Indiana would face the same legal question if this bill passes the Senate and is signed into law.

The passage of the law could also be another step towards marijuana legalization, in the eyes of some social conservatives. Already the Indiana House unanimously passed a resolution to study medical marijuana, a unprecedented move for the GOP-led chamber.

The average Hoosier would be unable to differentiate between industrial hemp or marijuana, Beckerman said. Both are leafy and green and both can have a potent smell.

Industrial hemp, however, can’t get users high.

She also said someone could easily hide a marijuana plant in a field of hemp.

Despite legal concerns, Kentucky’s Department of Agriculture has pegged its program as a success. In 2017, Kentucky handlers grew 3,200 acres of hemp in 74 counties. 

“Because of the research conducted by our growers, processors, and universities, I am more optimistic than ever that we can put industrial hemp on a path to widespread commercialization once Congress removes it from the federal list of controlled substances,” Kentucky Agriculture Commissioner Ryan Quarles said in a press release.

Hemp experts say the product could have the same potential in Indiana, once farmers figure out how to properly grow the product.

Indiana is already seen as an agriculture leader and is one of the top 10 agriculture producing states.

“In the long term I think it’s something that will allow our agriculture base to diversify and that’s always a good thing,” Beckerman said. “I think there’s a possibility of different industries developing from this.”

For example FlexForm Technologies, an Elkhart company, manufacturers mats and panel products. Currently the company has to import hemp. That could change if Indiana farmers start growing the product.

Another company, Healthy Hoosier Oil, could use the cold press seed processing they already use to make sunflower seed oil, on hemp seeds to create a food-grade oil.

CBD oil manufacturers could also start using in-state hemp to make their products.

Another issue lawmakers and lobbyist acknowledge they’ll have to solve is educating the public enough to understand the difference between the two plants.

“Industrial hemp has been misaligned with marijuana for the past 70 years or so,” said Justin Swanson, representing Indiana Hemp Industries Association. “It’s time for Indiana’s actions and policies to reflect the fact that industrial hemp is not marijuana and allow the reemerging market to thrive in Indiana once again.”  CONTINUE READING…

Call IndyStar reporter Kaitlin Lange at (317) 432-9270. Follow her on Twitter: @kaitlin_lange.

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