Federal: House Members Re-Introduce Bipartisan Bill To Prevent Federal Prosecutions Of State-Compliant Marijuana Consumers, Businesses

Representative Dana Rohrabacher (R-CA), along with five other Republicans and six Democrats, has reintroduced legislation to prevent the federal government from criminally prosecuting individuals and/or businesses who are engaging in state-sanctioned activities specific to marijuana.

HR 1094 states, ‘‘Notwithstanding any other provision of law, the provisions of this subchapter related to marihuana shall not apply to any person acting in compliance with State laws relating to the production, possession, distribution, dispensation, administration, or delivery of marihuana.’’

“The American people … have made it clear that federal enforcers should stay out of their personal lives,” Rohrabacher said in a statement upon the bill’s reintroduction. “It’s time for restraint of the federal government’s over-aggressive weed warriors.”

Representative Rohrabacher sponsored a budgetary amendment last year that sought to limit federal interference in states with marijuana regulation schemes. However, the Department of Justice has recently claimed that the law does not prevent the government sanctioning individuals or businesses in states where marijuana is legal.

Please enter your zip code below to contact your House members and urge them to support this pending legislation.

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Maine: Lawmakers Remove Unscientific Per Se Standards For Cannabis

Previously, lawmakers were debating legislation, LD 1320, to impose ‘per se’ criminal penalties to individuals who drive with trace levels (5ng/ml or higher) of THC in their blood — regardless of whether he/she is behaviorally impaired. 

Fortunately, members of the Transportation Committee amended the bill to remove provisions that make operation of a motor vehicle while having a THC level of 5 nanograms or more per milliliter of blood a criminal offense. The amendment also strikes provisions that authorize the Secretary of State to suspend administratively the license of a person who with a THC level of 5 nanograms or more per milliliter of blood operates a motor vehicle and that sanction the use of approved preliminary breath test devices by law enforcement officers in determining whether a person operated a motor vehicle while under the influence of intoxicants. 

The bill was subsequently passed by both houses and sent to the Governor who vetoed the legislation. Both houses garnered the two thirds support to override the Governor’s veto. 

NORML thanks those who contacted their elected officials and urged them not to adopt unscientific per se standards for cannabis. 

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Kentucky Congressmen Seek Clarification on Federal Hemp Rules

By Matt Markgraf Oct 27, 2016

Three members of Kentucky’s U.S. Congressional delegation joined 16 other members of Congress in a letter Wednesday seeking clarification from federal agencies regarding industrial hemp guidelines.

Senator Rand Paul and Representatives Thomas Massie and John Yarmuth signed a letter to The U.S. Department of Agriculture, Drug Enforcement Administration and Food and Drug Administration looking to revise the ‘Statement of Principles’ issued in August.

The Congressmen say there is confusion over pilot programs approved in the 2014 Farm Bill allowing state ag departments and universities, including Murray State, to grow the plant for research. Guidance also could have a limiting effect on sales and transportation, the letter argues. Federal law prohibits farmers growing for commercial profit, but retail sales of products made with hemp are legal.

Kentucky’s Ag Commissioner Ryan Quarles sent a letter to the USDA last month objecting to the rules, saying they “could hinder industrial hemp’s economic potential.”

Read the letter sent Wednesday

 

CCONTINUE READING…

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Study: Marijuana Retailers Not Selling To Youth

mj_salesAge restrictions in legal marijuana states are effectively keeping cannabis out of the hands of minors, according to newly published data in the Journal of Studies of Alcohol and Drugs.

A team of investigators from California, Colorado, and New Mexico assessed whether licensed retail cannabis facilities would sell to pseudo-underage buyers who failed to show proof of age.

Authors reported, “Compliance with laws restricting marijuana sales to individuals age 21 years or older with a valid ID was extremely high and possibly higher than compliance with restrictions on alcohol sales.”

They concluded, “The retail market at present may not be a direct source of marijuana for underage individuals.”

Similar assessments of facilities in other jurisdictions have also shown that the overwhelming majority of marijuana retailers refuse sales to apparent minors.

A pair of studies published earlier this week from Columbia University researchers reported that changes in marijuana’s legal status are “not associated with higher prevalence rates of marijuana use among adolescents.”

An abstract of the study, “Pseudo-Underage Assessment of Compliance With Identification Regulations at Retail Marijuana Outlets in Colorado,” appears here.

NORML Blog, Marijuana Law Reform

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Latest Polling Information for the 2016 Marijuana Related Ballot Proposals

take_actionIn less than five days, nine states will be voting on marijuana related ballot proposals potentially doubling the number of states that allow the recreational use of marijuana and expanding the therapeutic benefits of marijuana use to millions of Americans. Here’s where these measures stand in the latest polls.

Arizona: According to an October Arizona Republic/Morrison/Cronkite poll, 50 percent of registered voters in Arizona favor Proposition 205 and 42 percent oppose it. The Regulation and Taxation of Marijuana Act allows adults twenty-one years of age and older to possess and to privately consume and grow limited amounts of marijuana (up to one ounce of marijuana flower, up to five grams of marijuana concentrate, and/or the harvest from up to six plants); it creates a system in which licensed businesses can produce and sell marijuana; establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana; and provides local governments with the authority to regulate and limit marijuana businesses.

AUMACalifornia: Arguably one of, if not the most important state this election to consider legalizing and regulating the adult use of marijuana is the golden state. Passage of the Proposition 64 would permit adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”

According to recent October polling by Survey USA, 54 percent of likely voters support Proposition 64 and the measure “now appears positioned to become law.” For more information on the ballot proposal, please visit the AUMA website.

Florida: Voters in Florida are getting their second chance at passing an expansive medical marijuana law this election day. In 2014, 58 percent of voters approved Amendment 2, however because state law requires a super-majority (60 percent of the vote) for constitutional amendments to pass, the amendment was narrowly rejected. It looks like this election will have different results though, with 71 percent of Floridians saying they will vote ‘yes’ on Amendment 2 according to an October poll by Saint Leo University. Passage of Amendment 2 would permit qualified patients to possess and obtain cannabis from state-licensed facilities.

Maine: Hoping to bring legal recreational marijuana use for adults to the east coast, Maine is another exciting state to watch in the upcoming election. If enacted by voters in November, Question 1 or the Campaign to Regulate Marijuana Like Alcohol Act would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use. The measure would also establish licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent sales tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.

Among likely voters, support for Question 1 leads by a margin of 50 percent to 41 percent, according to an October UNH Survey Center poll.

cannabis_pillsMontana: Voters in Montana are also faced with an important marijuana related ballot decision this election day with Initiative 182. I-182 expands the state’s medical cannabis law by repealing the limit of three patients for each licensed provider, and by allowing providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. I-182 removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state. However, the measure is presently trailing in the polls. According to an October poll, commissioned by Lee Newspapers, 44 percent of voters approve of the measure while 51 percent are against it.

Nevada: Nevadans will also be facing the decision on whether or not to legalize the adult use and regulation of marijuana on Tuesday. Question 2, if passed, would permit adults to possess and grow personal use quantities of cannabis (up to one ounce and/or six plants) for non-commercial purposes. The measure also regulates and taxes the commercial production and retail sale of cannabis. It states, “The People of the State of Nevada find and declare that the use of marijuana should be legal for persons 21 years of age or older, and its cultivation and sale should be regulated similar to other businesses.” According to an October poll commissioned by the Las Vegas Review-Journal, voters favor the measure by a margin of 47 percent to 43 percent.

Massachusetts voters appear poised to enact Question 4, which allows adults 21 years of age and older to possess up to one ounce of marijuana outside of their residences and up to 10 ounces of marijuana in an enclosed, locked space within their residences. A just-released Western New England University Polling Institute survey finds the measure leading 61 percent to 34 percent.

Recent polling from Arkansas finds voters narrowly approving Issue 6 to regulate the use of medicinal marijuana by qualified patients, while no current polling is available regarding the passage of a similar measure in North Dakota.

For a summary on all pending ballot proposals, as well as to see the latest videos from each of the campaigns, visit our Election 2016 page.

Do you have election night plans? If you want to follow all of the marijuana ballot proposals being voted on check back in with us on our homepage Tuesday evening where we will be LIVE updating the results as they come in! We’ve teamed up with our friends over at cannabisradio.com to stream their live election night coverage as well and we hope you’ll join us!

NORML Blog, Marijuana Law Reform

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Minnesota: House Members Pass Measure To Permit Growing Of Industrial Hemp

House members on May 4 voted 110 to 18 in favor of legislation, HF 1437, to authorize the state-sanctioned production of industrial hemp.

The measure now goes to the Senate for further consideration.

Last year, members of Congress approved language in the omnibus federal Farm Bill explicitly authorizing states to sponsor hemp research absent federal reclassification of the plant. Presently, 21 states have enacted legislation permitting licensed hemp cultivation in a manner that is compliant with this statute.            

Please enter your zip code below to contact your Senate member and urge him/her to support this pending legislation. Additional information on marijuana law reform efforts in Minnesota is available from Minnesota NORML here.

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Alabama: Lawmakers Adjourn Without Finalizing Unscientific Per Se Standards For Cannabis

State lawmakers adjourned without moving SB 162, which sought to impose ‘per se’ criminal penalties to individuals who drive with trace levels (5ng/ml or higher) of THC in their blood — regardless of whether he/she is behaviorally impaired. 

Although Senate lawmakers approved the measure, House members failed to pass the legislation prior to the adjournment of the 2015 legislative session. Any future efforts by lawmakers to revive this effort will need to be reintroduced next year. 

NORML opposes the imposition of this type of per se traffic safety legislation for cannabinoids because the presence of these compounds in blood are inappropriate and inconsistent indicators of psychomotor impairment. No less than the United States Traffic Highway Safety Administration (NHTSA) agrees, stating: “It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects. … It is inadvisable to try and predict effects based on blood THC concentrations alone.” 

Moreover, scientific studies find that THC may be present in blood for periods exceeding well over 24 hours in some users — long after any period of impairment has worn off. 

This proposed measure was an unscientific and disproportionate response to behavior that is already sufficiently addressed by present traffic safety laws, which criminally prohibit driving while impaired by drugs. The imposition and enforcement of this measure risked inappropriately convicting unimpaired subjects of traffic safety violations. 

NORML thanks those of you who took the time to contact your state elected officials and urged him/her to vote ‘no’ on SB 162.

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Delaware: Senate Leader To Introduce Marijuana Legalization Legislation In 2017

Senate Majority Whip Margaret Rose Henry intends to introduce legislation in the 2017 legislative session that legalizes and regulates the adult use and retail sale of marijuana.

The soon-to-be sponsor and author of the state’s medical marijuana legislation said at a recent Medical Marijuana Act Oversight Committee meeting, “Education is suffering. Revenue from legalizing marijuana could help struggling schools and seniors, among other causes and close major budget deficits in Delaware.” The legislation is expected to be introduced in January.
According to recent polling data compiled by the University of Delaware, sixty-one percent of state voters favor legalizing marijuana.

Enter your zip code below to contact your lawmakers and urge them to side with the majority of Delaware voters.
Delaware is one of a growing number of states where lawmakers are considering regulating cannabis for adults. NORML will continue to update you in the coming weeks as this proposal is introduced and moves forward during legislative session. For more information on legislative efforts in Delaware, please contact Delaware NORML.

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Federal: Support HR 1774: The Compassionate Access Act

Legislation is pending in the US House of Representatives to allow states greater freedom to authorize medical marijuana to qualified patients.

HR 1774, The Compassionate Access Act, reschedules marijuana under federal law to a classification other than Schedule I. The measure also excludes cannabidiol from the definition of marijuana and prohibits federal officials from interfering in state-compliant activities specific to the physician-authorized use or distribution of medical cannabis.

Please enter your zip code below to contact your House members and urge them to support this pending legislation.

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Federal: Senators Introduce Measure To Permit CBD-Rich Marijuana

Bipartisan legislation, S. 1333, is pending in the Senate to amend the Controlled Substances Act to exclude cannabidiol and cannabidiol-rich plants from the definition of marijuana.

Cannabidiol is a non-psychotropic compound in the plant that possesses various therapeutic properties, including anti-convulsant activity. Clinical trials have determined it to be safe and well tolerated in human subjects.

To date, 15 states have enacted laws exempting CBD from the definition of marijuana. However, patients in these states still lack access to CBD because it is classified as a schedule I controlled substance under federal law.

S. 1333 is one of six pieces of legislation presently pending before Congress to permit and/or protect patient access to CBD. Other legislation includes:

By entering your zip code below, you can contact your federally elected officials in regard to this pending legislation.

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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