Weekly Legislative Update 5/20/17

revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

This year, it seems that multiple states are vying for the honor of becoming the first state to legalize marijuana through the legislative process and four of them had movement this week. Ranked most-to-least likely, here is the action we saw in the last 7 days:

Vermont: S. 22, to eliminate civil and criminal penalties specific to the possession and cultivation of personal use quantities of marijuana by adults has been transmitted to Governor Phil Scott.

If signed or simply ignored, (aka not vetoed by the Governor), the measure will legalize the possession of up to an ounce of marijuana, and the cultivation of two mature marijuana and four immature plants in a private residence beginning July 1, 2018. The Act will become law in lieu of action by the Governor Wednesday due to the procedural processes of the Vermont.

Connecticut (tied for 2nd): Senate and House Democrats are lobbying for provisions to permit the retail sale of marijuana to adults as a way to address the state’s estimated $ 5 billion budget gap. The proposal would initially permit state-licensed dispensaries to sell cannabis to non-patients, and then establish regulations to oversee the establishment of commercial producers and retailers.

The proposed plan is estimated to yield about $ 60 million in additional revenue for the state next fiscal year, and $ 180 million by 2018-19.

Rhode Island (tied for 2nd): Members of the House Judiciary Committee unanimously advanced H. 5551 to create a study commission on May 17, but failed to call H. 5555 The Adult Use of Cannabis Act for a vote. The study bill now awaits action on the House floor while H. 5555 is likely dead for this session. Yet several lawmakers are now working on a compromise approach which would enact several provisions of legalization similar to Vermont this year and then let decisions on issues like edibles, product testing, business licensing and local opt-out be triggered by a study commission’s recommendations.

New Jersey (distant 4th): Legislation has been introduced by State Sen. Nicholas Scutari to legalize and regulate the adult use, production, and retail sale of marijuana. Yet in his last year as Governor, Chris Christie has made it clear that he will not sign such legislation, however it does position the Garden State well to pass legalization next year as Gov. Christie is term-limited out.

At the Federal level, in the House, Representatives  Mike Coffman (R-CO) and Diana DeGette (D-CO) have introduced The Respect States and Citizens’ Rights Act of 2017, HR 2528, which would protect states that have ended prohibition at the state level from federal interference. This bill is substantially similar to that of HR 965, the bipartisan Respect State Marijuana Laws Act introduced by Rep. Dana Rohrabacher (R-CA).

Additionally, the bipartisan Senate version of the SAFE Banking Act was introduced to allow marijuana businesses access to basic banking services.

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 keep fighting,
Justin

Priority Alerts

Federal
Respect State Marijuana Laws: On May 18, Representatives Mike Coffman (R-CO) and Diane DeGette (D-CO) introduced HR 2528, The Respect States and Citizens’ Rights Act of 2017.

Click here to send your member of Congress a message to support the bill. 

Bank Safely: Currently, banks face the threat of federal sanction for working with marijuana-related businesses and entrepreneurs. The SAFE Banking Act (Secure and Fair Enforcement Banking Act) would extend protections to banks from the federal government, thus allowing responsible businesses access to basic banking services.

Click here to send both your Senators and Representative a message to support these measures.

Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the Congressional Cannabis Caucus

Connecticut
Senate and House Democrats are lobbying for provisions to permit the retail sale of marijuana to adults as a way to address the state’s estimated $ 5 billion budget gap.

CT resident? Click here to send a message to your lawmakers in support of legalization.

Nevada
Senate legislation is pending, SB 236, introduced by Sen. Tick Segerblom to regulate the social use of cannabis.

The measure allows select businesses to apply for licensing to permit adult marijuana use on their premises. It would also allow event organizers to seek permits to allow adult use at specific events.

Update: SB236 passed out of the Assembly Government Operations Committee on May 16.

NV resident? Click here to send a message to your lawmakers in support of marijuana social clubs.

New Jersey
Legislation has been introduced by State Sen. Nicholas Scutari to legalize and regulate the adult use, production, and retail sale of marijuana.

According to a 2015 Rutgers-Eagleton poll, nearly six in ten New Jersey adults support “legalizing, taxing, and regulating marijuana for adults 21 and over.” Similar percentages of voters through the country also endorse legalization.

NJ resident? Click here in support of legalization in the Garden State

Rhode Island
Several lawmakers are now working on a compromise approach which would enact several provisions of legalization similar to Vermont this year and then let decisions on issues like edibles, product testing, business licensing and local opt-out be triggered by a study commission’s recommendations.

RI resident? Click here to send a message to your lawmakers in support of legalization

Vermont
S. 22, to completely depenalize marijuana, was transmitted to the Governor on May 18. Governor Phil Scott has until the end of Wednesday May 24 to either sign or veto the legislation, and should he not act, the bill will go into effect by default.

VT resident? Click here to send a message to Governor Scott in support of legalization

Other Actions to Take

Delaware
Senate Bill 24 has been introduced by Senate Majority Leader Margaret Rose Henry to make it easier for those suffering from PTSD to obtain their medicine.

 

DE resident? Click here to send a message to your lawmakers in support of those with PTSD

New York
A pair of bills are pending in the Senate to expand patients’ access to medical cannabis.

Senate Bill 6092 expands the pool of patients eligible for medical cannabis access to include those with Alzheimer’s disease, lupus, rheumatoid arthritis and a number of other debilitating diseases. It also removes arbitrary caps imposed on the amount of THC permitted in oral products.

Senate Bill 6308 allows for additional cannabis providers to operate in the state in order to improve patients’ access.

NY resident? Click here to express your support for these measures to your lawmakers.

 

 

 

 

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Connecticut: Democrats Revive Marijuana Legalization Plan In Budget Fight

Senate and House Democrats are lobbying for provisions to permit the retail sale of marijuana to adults as a way to address the state’s estimated $ 5 billion budget gap.

The proposal would initially permit state-licensed dispensaries to sell cannabis to non-patients, and then establish regulations to oversee the establishment of commercial producers and retailers. 

The proposed plan is estimated to yield about $ 60 million in additional revenue for the state next fiscal year, and $ 180 million by 2018-19.

Earlier this session, lawmakers debated four separate bills seeking to legalize and regulate the marijuana market. Unfortunately, all of these efforts were eventually tabled.

Please contact your elected officials today and urge them to reconsider legalizing marijuana by using the pre-written letter below.

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Federal: Bill Introduced To End Federal Marijuana Prohibition

The Ending Federal Marijuana Prohibition Act of 2017, HR 1227, 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. 

With the recent confirmation of militant marijuana prohibitionist Jeff Sessions to the position of US Attorney General, and with comments from the Trump administration warning of a coming federal crackdown in adult use states, passage of The Ending Federal Marijuana Prohibition Act is necessary to ensure that marijuana consumers are protected from undue federal interference. 

Enter your information below to contact your lawmakers and urge them to support this pending legislation.

Additionally, thanks to ACT.tv for their great videos on marijuana policy. Be sure to follow them on Facebook and Twitter

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Montana Special Election: Rob Quist’s Marijuana Use is NORML

 

Screen Shot 2017-05-19 at 11.44.51 AMOne of the latest developments in the Montana Congressional special election is the news that Democratic candidate Rob Quist had previously consumed marijuana during the course of his life. Certain media outlets in the state have attempted to make a lot of hay out of this issue, hoping to shift a hotly contested election. I think Quist’s opponents may be surprised by the reaction this “revelation” will evoke from most Montana residents, and Americans across the spectrum. That reaction can largely be summed up as:

“So what?”

First, I’d like to clarify that NORML finds it an affront to personal privacy that these outlets are leaking the medical history of an individual without their consent. That in and of itself is unacceptable. However, there is no grand controversy in a story about an American smoking marijuana. Recent surveys have shown approximately half of all Americans have tried using marijuana at least once during their lives and 60% of Americans believe the adult use of marijuana should be legalized and regulated. Eight states have already legalized the possession and retail sale of marijuana with more expect to join them over the next few years. Thirty states have approved state medical marijuana laws, including Montana.

With legalization now policy in these states, all of the rhetoric and bluster from the “reefer madness” era has been proven false. All reliable science has demonstrated that marijuana is not a gateway to harder drug use, as youth use rates have either slightly declined or stayed the same after the implementation of legalization; highway traffic fatalities did not spike; and millions of dollars in tax revenue are now going to the state to support important social programs instead of into the pockets of illicit drug cartels.

Marijuana prohibition is a failed policy. It disproportionately impacts people of color and other marginalized communities, fills our courts and jails with nonviolent offenders, engenders disrespect for the law and law enforcement, and diverts limited resources that can be better spent combating violent crime. Rob Quist’s past marijuana use doesn’t make him a pariah, it makes him an average American. Members of the press, particularly the Washington Free Beacon, should not be in the business of criminalizing or stigmatizing responsible adults who chose to consume a product that is objectively safer than currently legal ones such as tobacco and alcohol.

Calling for an end to the disastrous policy that is our nation’s prohibition on marijuana and replacing it with the fiscally and socially responsible policy of legalization and regulation isn’t something that should or will scare voters away. Pursuing these sensible proposals is both good policy and good politics. I think that Quist’s opponents will soon realize the attempts to use one’s past marijuana consumption and support for legalization against them not only puts them out of step with the majority of Montana residents, but puts them firmly on the wrong side of history as well.

NORML Blog, Marijuana Law Reform

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Delaware: Legislation To Improve and Expand Medical Marijuana Pending

Update: An amended version of SB 24 passed the Senate on May 18 and now heads to the House for consideration. Unfortunately, the bill no longer contains language to add anxiety as a qualifying condition. 

Senate Bill 24 has been introduced by Senate Majority Leader Margaret Rose Henry to expand the list of qualifying conditions to medical marijuana to include anxiety as well as make it easier for those suffering from PTSD to obtain their medicine. 

Enter your information below to send a pre-written letter to your state officials in support of SB 24.

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Rhode Island: Marijuana Legalization Measure Introduced

Update: Members of the House Judiciary Committee unanimously advanced H. 5551 on May 17, but failed to call The Adult Use of Cannabis Act for a vote. The study bill now awaits action on the House floor while H. 5555 is likely dead for this session.

Update: Sen. Joshua Miller, D-Cranston, a lead sponsor on the Rhode Island legalization bill, said he has “about three alternatives already in my back pocket to get this done one way or another”

Update: H. 5551, to establish a study commission to examine marijuana legalization, is scheduled to be heard May 12.

Update: H. 5555 was heard on April 11 but was “held for futher study.”

Update: House Speaker Nicholas Mattiello’s office says it is unlikely that the legislation would get a floor vote in the House. 

Update: The Senate version of The Adult Use of Cannabis Act was introduced on March 2. It is SB 420. (Seriously, it’s SB420.)

A coalition of Rhode Island lawmakers has reintroduced marijuana legalization legislation in the House, H. 5555: The Adult Use of Cannabis Act

The bill will allow adults 21 and older to possess cannabis and will establish a framework for businesses to cultivate and distribute marijuana. While the language is similar to that of previous bills that have failed to come to a vote, lawmakers this year believe that Rhode Island is ready to catch up to its northeast neighbors.

A majority of Rhode Island residents, about 60 percent, support legalization and Jared Moffat, Director of Regulate Rhode Island, believes: “It’s time for Rhode Island to look very seriously at this issue and pass a bill. Otherwise, we risk falling behind those other states.” 

Enter your information below and urge your state Representative, Senator, and Governor to support the legalization bill.

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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New York: Senate Legislation Pending To Expand Patients’ Access to Medical Cannabis

A pair of bills are pending in the Senate to expand patients’ access to medical cannabis.

Senate Bill 6092 expands the pool of patients eligible for medical cannabis access to include those with Alzheimer’s disease, lupus, rheumatoid arthritis and a number of other debilitating diseases. It also removes arbitrary caps imposed on the amount of THC permitted in oral products. 

Senate Bill 6308 allows for additional cannabis providers to operate in the state in order to improve patients’ access.

Please use the prewritten letter below to express your support for these measures.

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Social Consumption of Marijuana off to a Slow Start in Colorado

14963351_1825384024368232_2740677872685265191_nCurrently marijuana is legal to purchase, possess and consume in the state of Colorado, but the question is: Where can it be legally consumed? Well, if you happen to be in the city of Denver (or most anywhere else in Colorado) the answer is very simple: marijuana can only be legally consumed in a private residence. But what if your landlord won’t allow it or you are one of the thousands of tourists who regularly visits our great city? It appears that we’ll have to continue to wait for state lawmakers to answer that question.

Denver Moves Forward with Social Consumption

Last November, Denver voters passed I-300; a social use initiative that approved the commingling of marijuana and alcohol in bars and restaurants across Denver. Obviously a much different approach when compared to Denver NORML’s Responsible Use Campaign and something the State of Colorado disagreed with. In response, the State of Colorado adopted language making it clear that liquor licenses would not be allowed to permit the consumption of marijuana on their premises. According to the Denver Post, this change went into effect on January 1st of this year and vastly changed the intent of I-300.

“We all want adult consumption everywhere, but this is reality,” said Judd Golden, Legal Counsel for Denver NORML. The news of removing language that allowed the commingling of alcohol and marijuana frustrated proponents of I-300 so a lawsuit was filed against the State of Colorado to push the issue.

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Kevin Mahmalji, outreach director for NORML shared his thoughts on combining the two substances. “As it currently stands, we can easily make the argument that marijuana is safer than alcohol, because the two are separated. If we allow the two to be mixed, any incident fueled by alcohol could potentially be blamed on marijuana. That’s why I believe responsible adults deserve their own space to consume marijuana similar to those who enjoy craft beer or cigars.”

In addition to the state’s decision to prevent the commingling of marijuana and alcohol, the City of Denver created the Social Consumption Advisory Committee that consisted of 22 influential decision makers – ranging from city officials to marijuana business owners – to go over the language line by line. The group met six times over several months and offered countless suggestions to improve the original language of I-300. Including a recommendation that would require patrons to sign a waiver before entering consumption areas. Essentially providing a layer of protections against unwanted exposure by non-consumers and those under 21 years of age. A recommendation that Denver NORML fully supports.

The 12 page document lists pages and pages of suggestions to make the law work effectively for the city of Denver. Last week the draft rules were finally posted.

Push for Social Consumption Statewide: SB-184

In addition to our work on the local level, members of Denver NORML spent a lot of time at the state Capitol educating lawmakers on social consumption and the need for a legislative solution. The result? SB-184, which would have empowered local governments to permit private marijuana clubs and better defined what “open and public” means to marijuana consumers. Once the bill was introduced, Denver NORML organized two citizen lobby days with more than 45 participants followed by months of face to face meetings with state lawmakers in support of a statewide solution.

Unfortunately during the final weeks of Colorado’s legislative session, many things with the bill began to change. Most notably, the bill’s sponsors tried to include language that would have criminalized marijuana consumption on the front porch of a private residence and aimed to exclude a newly established cannabis church from operating as a marijuana club. Thankfully the Senate and the House could not come to a consensus and the bill died in committee on the last day of the 2017 legislative session.

Until state lawmakers are willing to pass legislation that will provide a set of rules and protections for business owners and marijuana consumers to responsibly consume marijuana, Colorado municipalities will continue to struggle with this issue.

With the Denver’s Social Consumption Advisory Committee wrapping up its final meeting and Colorado’s legislative session coming to an end, there are still a lot of unanswered questions surrounding the social consumption of marijuana in Colorado.

Denver NORML will apply the lessons learned this year and with their allies, continue to push for statewide reform in the next legislative session.

For more updates on local reform efforts, follow Denver NORML by visiting their website and on Facebook and Twitter!

NORML Blog, Marijuana Law Reform

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Nevada: Legislation Pending To Permit Social Use

Update: SB236 passed out of the Assembly Government Operations Committee on May 16.

Update: SB 236 passed the Senate by a margin of 21-12. It will now be sent to the house.

Update: SB 236 was amended in the Senate Judiciary Committee on 4/12 and it passed as amended.

Update: SB 236 was heard in the Senate Judiciary Committee on 4/3.

Senate legislation is pending, SB 236, induced by Sen. Tick Segerblom to regulate the social use of cannabis.

The measure allows select businesses to apply for licensing to permit adult marijuana use on their premises. It would also allow event organizers to seek permits to allow adult use at specific events. 

To date, private adult use of marijuana is permitted, but only in a private residence. Passage of SB 236 establishes a regulatory framework to permit adults the option to consume cannabis at specified public places or events. 

Please enter your information below to contact your elected officials to urge them to support this measure. 

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Study: Racial Disparity In Marijuana Arrest Rates Increasing

Cannabis PenaltiesAfrican Americans in Virginia are arrested for violating marijuana possession laws at more than three times the rates of whites and this disparity is rising, according to an analysis of statewide arrest data by Virginia Commonwealth University’s Capital News Service.

Researchers reviewed 160,000 state and local arrest records from the years 2010 through 2016. They found that blacks were 2.9 times as likely as whites to be arrested for possessing marijuana in 2010, but 3.2 times as likely to be arrested by 2016.

In some counties and towns, such as in Hanover County and in Arlington, Virginia, the black arrest rate was six to eight times that of whites.

The findings are similar to those of a 2015 report, which determined that the number of African Americans arrested in Virginia for marijuana possession offenses increased 106 percent between the years 2003 and 2014. That study concluded that blacks account for nearly half of all marijuana possession arrests, but comprise only 20 percent of the state population.

A separate analysis of Maryland arrest data determined that African Americans accounted for 58 percent of all marijuana possession arrested despite comprising only 30 percent of the state’s population.

A 2016 analysis of California arrest figures concluded that police arrested blacks for marijuana offenses at three and half times the rate of whites. A prior statewide assessment reported that police in 25 of California’s major cities arrested blacks for marijuana possession violations at rates four to twelve times that of caucasians. Similar disparities have been repeatedly reported in other major cities, including New York and Chicago.

A 2013 American Civil Liberties Union study found that nationwide blacks are approximately four times as likely as whites to be arrested for marijuana possession, even though both ethnicities consume the substance at approximately similar rates.

NORML Blog, Marijuana Law Reform

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