Colorado: New Bill To Thwart The Federal Government

Update: The bill passed 4-1 committee in the Republican Senate

State officials in Colorado are considering legislation, SB 192, to protect the state’s adult use marijuana industry in case of a potential federal crackdown. 

The bill would permit adult use growers and sellers to instantly reclassify their recreational marijuana inventory as medical marijuana “based on a business need due to a change in local, state, or federal law or enforcement policy.” In recent weeks, officials from the Trump administration have indicated that they may consider taking action against recreational marijuana providers, but that they will not likely move against state-licensed medical marijuana providers.

You can contact your local officials in support of SB 192 by using the pre-written letter below.

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Federal: Legislation Pending To Cease Penalizing State-Compliant Marijuana Businesses Under the Federal Tax Code

Federal legislation, XXXXX, is pending in the House and Senate to amend the federal tax code so that state-licensed, marijuana-related businesses are no longer unduly penalized by federal laws. NORML supports these legislative efforts.

These measures amend Section 280E of the Federal Income Tax Code so that state-compliant marijuana operators for the first time can take business deductions for standard expenses such as rent and employee compensation and benefits — just like other legally licensed business entities.

According to a 2017 report, over 120,000 workers are now employed full time in the legal cannabis industry. Allowing deductions for rent and employee costs would help these businesses grow economically and would provide incentives for hiring additional employees.

The marijuana industry is an economic generator for America. Businesses in this space should be regulated by the federal tax code in a manner that is fair, will help stimulate economic growth, and that treats the marijuana industry and those who operate in it like any other legally sanctioned business. 

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Weekly Legislative Roundup 3/25/17

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

As we prepare to for April and marijuana related attention that comes with 4/20, NORML has put up an action alert on the appointment process for new US Attorneys (If you didn’t know, Attorney Jeff Sessions fired the holdovers from Obama Administration). With so many issues swirling around in the political lexicon, it’s important that we not see a wave of Sessions-style prohibitions be installed throughout the country, so please email your Senators now and tell them to demand the the new US Attorney’s respect state marijuana laws.

Additionally, Representative Tulsi Gabbord went to the floor of the House of Representatives and spoke on behalf of her legislation entitled “Ending Federal Marijuana Prohibition Act of 2017 – HR 1227. You can watch the video by clicking here.

A very special shout-out for me to make is the success of having Virginia Governor McAuliffe signed into law SB 1027, to regulate the instate production of cannabis oil. Congrats Virginia NORML and your whole team!

Below 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
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 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 email your Congressional Representative to urge them to support this crucial legislation.

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) have formed the first-ever 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 newly formed Cannabis Caucus

US Attorneys: Members of the Senate will now be asked to consider new appointments. Please contact your Senator and urge him/her to consider those US Attorneys who will respect statewide marijuana laws.

With 29 states having established medical marijuana programs and eight states having enacted adult-use regulatory laws, it is vital that those appointed to this prestigious position respect the will of the electorate.

US Attorneys possess broad authority when both interpreting the laws and prioritizing their enforcement. Under the past administration, US Attorneys largely took a ‘hands off’ approach in jurisdictions that had legalized the use of marijuana, as directed by the 2013 “Cole Memo.” Incoming US Attorneys ought to take a similar approach.

Click here to email your Senators to defend the majority of voters who reside in legal cannabis states and to reject those nominees who will not support state marijuana laws.

Connecticut
Multiple pieces of legislation to legalize the adult use of marijuana and to regulate its commercial distribution is pending in both the state House and Senate.

According to a March 2015 Quinnipiac University poll of Connecticut voters, 63 percent favor permitting adults to legally possess personal use quantities of cannabis.

Update: SB 11 had a hearing on March 22.

CT Resident? Click here to email your elected officials to support this effort.

Illinois
Legislation has been introduced in the House and Senate to legalize the adult use of marijuana and to regulate the commercial cannabis market.

The measures permits adults to legally possess personal or grow use quantities of marijuana in private.  Additional provisions establish a regulated market for the commercial production and retail sale of marijuana to adults.

IL Resident? Click here to email your elected officials to support this effort.

Massachusetts
On Election Day, 54 percent of voters decided in favor of Question 4: The Regulation and Taxation of Marijuana Act – permitting adults to legally grow and to possess marijuana for personal use, while also establishing regulations governing commercial cannabis cultivation and capping taxes on retail sales.

But it has become apparent that some powerful politicians and bureaucrats wish to ignore voters’ will and rewrite history.

Update: Hearings on implementation will be:
March 27th at 4 pm at the West Springfield High School auditorium,
April 3rd at 11 am at the Statehouse,
April 10th at 4 pm at the Shrewsbury High School.

MA Resident? Click here to email your elected officials to implement Question 4 in a timely manner as passed.

New York
Legislation (A. 2142 and S. 3809) is before the Assembly and Senate to seal the records of those who have previously been convicted of the possession of marijuana in public view.

New York has historically had the highest marijuana-related arrest rate in the nation largely because of questionable arrests made under the ‘public view’ exception.

Passage of A. 2142 and S. 3809 will make it so these hundreds of thousands of minor offenders are no longer stigmatized by their arrest record.

Update: NORML is joining multiple organizations, including Empire State NORML and the Drug Policy Alliance in calling for Governor Andrew Cuomo to include the language from A. 2142 and S. 3809 in his budget.

NY Resident? Click here to email your elected officials to support this effort.

Tennessee
Legislation is pending in the Tennessee House, HB 173, to nullify the enactment of citywide marijuana decriminalization ordinances and to prevent additional municipalities from enacting similar marijuana reform measures.

The intent of the bill is to override the passage of recent citywide measures in Nashville and Memphis — both of which passed local ordinances last year making minor marijuana possession offenses a non-arrestable citation.

By contrast, state law classifies marijuana possession as a criminal misdemeanor, punishable by up to one year in jail and a criminal record.

Update: Members of the House have passed HB 173 by a vote of 65 to 28 March 23. The measure now awaits action from the Senate.

TN Resident? Click here and email your Senators to oppose this effort.

Additional Actions To Take

Nebraska
LB622 will allow patients with conditions such as Crohn’s disease, epilepsy, opioid addictions and some types of cancer to obtain marijuana. Qualified patients would not be permitted to grow cannabis and would have to obtain non-smoked, cannabis-infused formulations from state-licensed providers. A version of this legislation debated last year was narrowly defeated by lawmakers.

Update: LB 622 has advanced out of committee by a vote of 6 – 1.

NE Resident? Click here to email your elected officials to support this effort.

New Mexico
An amended version of House Bill 527 amends state law so that qualified patients may not be denied organ transplants. It also expands the pool of qualifying conditions for which a physician may legally recommend cannabis therapy, to include indications such as Crohn’s disease, chronic pain, hepatitis C, neuropathy, Parkinson’s disease, and post-traumatic stress, among other conditions. It also establishes reciprocity for non-residents.

Update: SB 177 was tabled in lieu of HB 527. An amended version of HB 527 is now before the Governor, having passed the House by a vote of 45 to 16 and the Senate by a vote of 28 to 9.

NM Resident? Click here to email your elected officials to support this effort.

Nevada
Legislation is pending, Assembly Bill 259, to vacate certain marijuana possession convictions that occurred prior to the plant’s legalization.

The measure would permit those with criminal convictions for offenses involving the possession of one ounce or less of marijuana prior to January 1, 2017 to have their convictions vacated.

NV Resident? Click here to email your elected officials to support this effort.

Tennessee
Several pieces of legislation are pending to amend marijuana possession penalties.

HB 831 and SB 1116 seek to decriminalize the possession of up to one ounce of marijuana.

Separate legislation is pending in the House and Senate — SB 265 and HB 297 — to reduce penalties associated with the possession of one-eighth of marijuana (3.544 grams) to a $ 50 fine-only offense. However, under these bills, simple possession would still remain classified as a misdemeanor.

Under present law, the possession of any amount of marijuana is punishable by up to one year in jail and a $ 250 fine.

Update: SB 1116 has a hearing scheduled for March 28.

TN Resident? Click here to email your elected officials to support this effort.

Vermont
Legislation is pending, H.170, to eliminate civil and criminal penalties specific to the possession and cultivation of personal use quantities of marijuana by adults.

If passed, the measure would legalize the possession of up to 2 ounces of marijuana, up to ten grams of hashish, and/or the cultivation of two marijuana plants in a private residence.

Update: Members of the House Judiciary Committee advanced H. 170 on March 22 in an 8 to 3 vote. It now awaits action on the House floor. A new statewide Public Policy poll finds that Vermont residents favor this legislation by a margin of 57 percent to 39 percent.

VT Resident? Click here to email your elected officials to support this effort.

NORML Blog, Marijuana Law Reform

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Federal Marijuana Sentences Plummet: Report

Cannabis PenaltiesThe number of federal offenders sentenced for violating marijuana laws has fallen significantly since 2012, according to data provided by the United States Sentencing Commission.

Just over 3,000 federal defendants were sentenced for marijuana violations in 2016, according to the Commission. That total is roughly half of the number of federal defendants that were sentenced in 2012. The total has fallen year-to-year since that time.

The 2016 total is nearly equal to the number of federal defendants sentenced for violating powder cocaine laws, and less than the number of federal defendants sentenced for heroin. Some 96 percent of federal marijuana defendants were sentenced for trafficking, with an average sentence of 28 months in prison.

Of those sentenced, 77 percent were Hispanic, 11 percent were Caucasian, and eight percent were African American. Fifty-six percent were categorized as non-US citizens.

In 2015, over 5,600 federal defendants were sentenced for violating marijuana laws, a total equal to some 25 percent of all federal drug sentences.

Click here to email your lawmakers on various pieces of legislation related to marijuana reform.

 

NORML Blog, Marijuana Law Reform

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It’s with a great respect for all persons of the Kentucky Hemp Industry that I address you today as the new president of the Kentucky Hemp Industries Association

The KYHIA is pleased to welcome Chad Rosen as our new president. Chad shares his thoughts and thanks you for your support of the Kentucky hemp industry. 

It’s with a great respect for all persons of the Kentucky Hemp Industry that I address you today as the new president of the Kentucky Hemp Industries Association.

Dr. Trey Riddle will continue to serve as a board member for the KYHIA and we thank him for his leadership this past year.

For those of you that attended yesterdays Annual Conference, thank you for coming out to educate yourselves and engage with the community of advocates in our young industry in order to arm yourselves with knowledge that will continue to build upon the strong foundation of this industry that we are shaping. Also, thanks is due to the researchers across the state who continue to do the hard work of helping us understand what all is possible with this plant as we move to commercialize hemp in the myriad of possibilities. The research findings and presentations we heard yesterday are in large part what make Kentucky the leading state for our industry. 

I ask each of you individually as members of this industry to share with me your thoughts on how we can build a stronger industry alliance and think of what your role in this process might be. The members of the KYHIA board are volunteer, and it’s in the spirit of service that most serve. If you have ideas of how the KYHIA can have broader or better impact to serve our industry please speak up and take action, your voice serves to alert, and your action serves to lead and effect. The platitude about a rising tide lifting all boats could not be more acute to our highest objective as an industry and I hope to hear from you throughout the year as we continue to build an industry that serves our communities.

With Gratitude,
Chad Rosen

ps. for those of you that attended yesterdays event, a few asked me for the recipe of the hemp encrusted salmon. Enjoy!

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Hemp Lobby Day Report

Vote Hemp

 

Vote Hemp held a fly-in in Washington, DC on March 1st in coordination with Hemp On the Hill. Attendees included 55 farmers, business owners and advocates who engaged in more than 80 meetings with Senate and House members and staff. A number of attendees were able to meet with their representatives including Senators Grassley, Ernst, Graham, Scott, Manchin and Wyden. Meetings are critical to building support for passage of The Industrial Hemp Farming Act which should be introduced soon. If you couldn’t make it to Washington, you can still help by attending a district meeting. See below for more info. 

Hemp Lobby Day 2017

You can still schedule meetings with your Senators and Representative in your district. Click here to view our advocacy toolkit documents. Make sure and let us know if you are interested in doing a district meeting. We can assist with scheduling, preparation and follow up with you post meeting. Contact Ben Droz at congress@votehemp.com. We are coordinating with the Hemp Road Trip on a number of state lobby day’s as well.  Contact us for more info.  

DEA Arresting Hemp Farmer

Please Support Vote Hemp!

Vote Hemp depends entirely on contributions, bequests and in-kind donations from supporters like you to do our work. Please help us continue this very important work. Your contributions help make action alerts like this possible, help defend farmers and much more. 

Donate $25 today?

Vote Hemp | www.VoteHemp.com

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Illinois: Marijuana Legalization Bills Introduced

Legislation has been introduced in the House and Senate to legalize the adult use of marijuana and to regulate the commercial cannabis market. 

The measures permits adults to legally possess personal or grow use quantities of marijuana in private.  Additional provisions establish a regulated market for the commercial production and retail sale of marijuana to adults.

Please urge your lawmakers to support this important legislative effort.

For more information about statewide marijuana law reform efforts, please vist Illinois NORML herefollow Illinois NORML on Facebook and follow ILNORML on Twitter

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Nevada: Measure Seeks to Vacate Former Marijuana Convictions

Legislation is pending, Assembly Bill 259, to vacate certain marijuana possession convictions that occurred prior to the plant’s legalization. 

The measure would permit those with criminal convictions for offenses involving the possession of one ounce or less of marijuana prior to January 1, 2017 to have their convictions vacated.

Please use the pre-written letter below to urge your elected officials to support this common sense legislation.

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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ORGANIC HEMP IS IN DEMAND BUT CURRENTLY IT CANNOT BE CERTIFIED IN THE U.S.

 

ORGANIC HEMP IS IN DEMAND

BUT CURRENTLY IT CANNOT BE
CERTIFIED IN THE U.S.

HELP US CHANGE THIS!
See “Take Action” Section Below to Act Now.

Your participation in this call-to-action is crucial to our collective progress regarding organic certification of domestic hemp production.

Currently, hemp cultivated in the U.S. per Sec. 7606 Farm Bill regulations cannot be certified organic by the USDA, due to misinterpretation by the National Organic Program that aligns industrial hemp with other forms of cannabis.

We are asking all our supporters to register public comments for the National Organic Standards Board (NOSB) Spring 2017 Meeting, which is being held in Denver, Colorado, this April 19-21.

Background

Congressionally mandated by the Organic Foods Production Act of 1990 (OFPA) and governed by the Federal Advisory Committee Act (FACA), the NOSB considers and makes recommendations to the USDA National Organic Program (USDA-NOP) on a wide range of issues involving the production, handling, and processing of organic products.

Out of any rule-making process left functioning at the federal level, the NOSB is the most openly democratic in that any citizen is able to contribute to the process through written and oral public comment. It is because of this process that we have such robust standards where if international production is under equivalency and certified compliant under USDA-NOP standards, it may carry the USDA Organic Seal.

The USDA-NOP is currently basing approval of organic certifications for domestically-produced industrial hemp on a misinterpreted definition articulated on the “Statement of Principles on Industrial Hemp,” which is in contravention of the Sec. 7606 definition and is confusing certifiers, producers, consumers, State Departments of Agriculture and law enforcement in the implementation of legal hemp pilot programs.

Take Action! Here’s What We Need YOU to Do:

The official NOSB-USDA-NOP Docket for the meeting can be found here. All written comments must be registered through this site by 11:59pm ET, Thursday, March 30, to be considered.

We are collectively recommending the main points in our registered written comments to the NOSB,

feel free to copy & paste the following points into the NOSB-USDA-NOP Docket page:

  1. We highly-value the congressionally-mandated NOSB process and the integrity of the USDA Organic Certification. 
  2. Like many other common crops, hemp is bioaccumulative in that it has the potential to uptake toxins in whatever medium it is growing. It is important for hemp products consumed by humans and animals to be distinguished as organic if they are grown as such, for consumers with these food safety considerations in mind.
  3. We ask that the NOSB make a strong recommendation to the USDA-NOP to immediately clarify the instruction “Organic Certification of Industrial Hemp Production” to allow organic certifications of Industrial Hemp adhering to the congressional intent of the Sect. 7606 definition, and removing the language “as articulated in the Statement of Principles on Industrial Hemp” from the instruction.

Please consider adding your own comments on how this issue affects you and your involvement in the hemp industry.

We encourage you to share this action so that others may join in solidarity.

Thank you for all you do!

SOURCE LINK

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What Would A Federal Marijuana Crackdown Look Like?

Attorney General Jeff Sessions Photo by Gage Skidmore

Attorney General Jeff Sessions
Photo by Gage Skidmore

Ever since the 2016 election, marijuana legalization supporters have been wondering if President Trump will crack down on state-approved recreational and/or medical marijuana programs. The Heritage Foundation believes it knows the answer.

According to the conservative think tank, there are actions the government can take without needing to pass any new legislation or expend much political capital, such as reaffirming the federal government’s position as supporting marijuana’s illegality under the Controlled Substances Act (CSA) and reasserting support for the international treaties that require countries to enforce marijuana prohibition. These actions would make headlines, send a chill across the industry (particularly in states that have yet to formally launch their legal marijuana markets) and make clear the direction the White House has decided to go when dealing with legal marijuana businesses.

The Washington, D.C.-based group calls for rescinding the Obama Administration’s Cole memo, which gives leeway to the states to implement legalization and replace it with a memo that makes it clear that the DOJ “fully expects states to not permit commercialized marijuana production and sale.” With this memo in place, the DOJ could then select a number of marijuana businesses for prosecution of a violation of state and/or federal law, which would create “a real threat of prosecution.”

The right-wing policy shop recommends overturning previous guidance from the Financial Crimes Enforcement Network, which opened the door to very limited banking for a handful of businesses in the marijuana industry. This would scare off the already minuscule number of financial institutions working, or considering working, with marijuana-related businesses. Using the Racketeer Influenced and Corrupt Organizations Act, the government could target investors.

With all of this in mind, the only option we truly have to ensure our victories are upheld and that we move forward with nationwide legalization is to change federal law. Amendments such as Rohrabacher-Blumenauer stem the bleeding a bit, but require a new political fight every year. Congress needs to pass The Respect State Marijuana Laws Act, which would prevent the federal government from interfering in state-approved adult use or medical programs. Even better, Congress should remove marijuana from the CSA entirely.

If you want to see the cannabis revolution continue, call your members of Congress today and tell them to support federal marijuana law reform. For more information on pending legislation and to easily email your elected officials, visit norml.org/act.

NORML Blog, Marijuana Law Reform

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