Texas House Adjourns Without Floor Votes on Marijuana Reform Measures

House lawmakers adjourned on Thursday without taking floor votes on several pending bills to amend state marijuana laws. Both HB 507 (decriminalization) and HB 557 (relating to industrial hemp) were placed on the House calendar, but were never called for a vote.

House Bill 557 had previously passed unanimously out of the Agriculture and Livestock Committee, while HB 507 had passed 4 to 2 out of the Criminal Jurisprudence Committee.

House Bill 2165, which sought to strike marijuana from the state criminal code, was also placed on the House calendar, but never acted upon. Members of the Criminal Jurisprudence Committee had previously voted 5-2 in favor of the measure. 

Comprehensive legislation to legalize the possession and cultivation of medical marijuana, HB 3785 did not favorably make it out of the House Public Health Committee. 

Texas lawmakers have never favorably moved comprehensive proposals such as these forward — especially HB 2165, which was the most comprehensive and full repeal of marijuana prohibition in the country. NORML would like to thank the thousands of you who sent over 10,800 letters to your House members this session urging common sense marijuana law reform. NORML would also like to thank the good work of our state affiliates in their legislative efforts.

A bill to permit the possession of cannabis high in CBD content (SB 339) remains pending but is written in such a way that will likely prevent the measure from having tangible effect. Texas NORML has an alert about the bill here and a call for action. Additional information about this year’s legislative session to date is available from Texas NORML here.

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Studies: Changes In Marijuana’s Legal Status Not Associated With Increased Use By Young People

no_marijuanaChanges in marijuana’s legal status under state law is not associated with increased cannabis use or with its perceived availability by young people, according to pair of recently published studies.

In the first study, published online in the journal Substance Use & Misuse, researchers at Columbia University in New York surveyed the marijuana use habits of a national sampling of 1,310 adolescents between the years 2013 and 2015. Investigators assessed whether respondents from states with liberalized cannabis policies were more likely to acknowledge having consumed cannabis compared to those residing in jurisdictions where the substance remains criminally prohibited.

Authors reported that the study’s findings “failed to show a relationship between adolescents’ use of marijuana and state laws regarding marijuana use.” … [They] suggest that eased sanctions on adult marijuana use are not associated with higher prevalence rates of marijuana use among adolescents.”

In the second study, published in the journal Drug and Alcohol Dependence, a team of investigators from Columbia University, the University of California at Davis, and Boston University examined the relationship between medical cannabis laws and the prevalence of marijuana availability and use by both adolescents and by those age 26 or older. Authors reported no changes over a nine-year period (2004 to 2013) with regard to the past-month prevalence of marijuana use by those ages 12 to 17 or by those between the ages of 18 and 25. Those age 25 and younger also experienced no change in their perception of marijuana’s availability. By contrast, self-reported marijuana use and availability increased among adults age 26 or older over this same time period.

The conclusions are similar to those of numerous separate studies reporting that changes in marijuana’s legal status are not associated with any uptick in teens’ use of the substance, such as those here, here, here, and here.

Abstracts of the two studies, “Is the Legalization of Marijuana Associated With Its Use by Adolescents?” and “State-level medical marijuana laws, marijuana use and perceived availability of marijuana among the general U.S. population,” appear online here and here.

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Wisconsin: Lawmakers Fail To Act On Hemp Measure

Lawmakers have failed to act on legislation to establish activities involving the cultivation of industrial hemp.

AB 215  would have required, “the Department of Agriculture, Trade and Consumer Protection (DATCP) to issue licenses that authorize the growing and processing of industrial hemp.”

Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. The crop is commercially cultivated throughout the world.

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. Over 20 states have enacted legislation permitting licensed hemp cultivation in a manner that is compliant with this statute.

NORML would like to thank those of you who contacted your state lawmakers in support of this legislation. 

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Federal: Tell House Members to Support the McClintock/Polis Amendment

Members of the United States House of Representatives are anticipated to vote as early as tonight on a series of amendments to a Justice Department spending bill. Several of these amendments seek to limit the federal government’s ability to intrude in states that have regulated various aspects of marijuana production and access.

Specifically, Representatives Tom McClintock (R-CA) and Jared Polis (D-CO) are introducing a provision to halt the federal prosecution of individuals involved in marijuana-related activities in instances when those activities are in strict compliance with the laws of their respective states.

Twenty-three states (and the District of Columbia) permit the medical use of cannabis, while four states now regulate the plant’s production and sale to all adults. (Washington, DC imposes no penalties on the personal use, possession, and cultivation of the plant, but does not allow for its retail sale.) More than a dozen additional states permit patients to possess a specific anti-convulsant compound found in the marijuana plant, known as cannabidiol. Nearly half of all states permit farmers to cultivate industrial strains of cannabis.

Congressional passage of the McClintock/Polis amendment would allow these states, and the citizens who reside in them, to engage in these permitted activities free from any threat of federal interference or prosecution. It is time for Congress to respect these measures and the rights of voters and state lawmakers who resoundingly support them.

Other pending amendments to be voted on in the coming days seek to shift DEA funding priorities away from marijuana eradication and stimulate federal research into the plant’s therapeutic properties. A separate amendment seeking reauthorization from Congress would continue to limit the Justice Department’s authority in states that regulate the use of medicinal marijuana as part of a state-licensed program.

Please contact/call your US Representative today to support the McClintock/Polis amendment. Let Congress know that the majority of voters, including majorities of both political parties, agree that the government should not enforce federal marijuana laws in states that allow its use.

Please enter your zip code below to contact your House members and urge them to support this pending legislation. You can also call your member of the House by clicking here.

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Iowa: Urge Senator Grassley to Hold Hearing on CARERS Act

Senate legislation, S. 683: The Compassionate Access, Research Expansion, and Respect States (CARERS) Act, is pending before the Senate Judiciary Committee, chaired by Republican Sen. Chuck Grassley of Iowa. The senate measure seeks to strengthen statewide medical marijuana protections and impose various changes to federal law.

Passage of this measure would permit qualified patients, doctors, and businesses to engage in state-sanctioned behavior involving the production, sale, or use of medical cannabis without fear of federal prosecution. The proposal reschedules marijuana at the federal level and removes the compound cannabidiol (CBD) from the Controlled Substances Act. Additional provisions would allow opportunities for financial institutions to legally provide services to medical marijuana businesses, permit VA doctors to authorize medical cannabis, and would remove existing federal barriers to clinical trial research. You can read the full text of the measure here.

Despite growing public and political support for the amendments proposed by the CARERS Act, Sen. Grassley has so far refused to consider hearing the bill. Please urge him to reconsider.

The Senate Appropriations Committee rencently voted two-to-one in favor of an amendment from Sen. Barbara Mikulski (D-MD) that prohibits the Justice Department, including the DEA, from using federal funds to interfere in the implementation of state medical marijuana laws. This amendment mirrors the provisions in the CARERS Act and shows that a majority of Senates now support the need to respect state medical marijuana laws.

Contact Senator Grassley today and urge him to hold a hearing on the CARERS ACT.

DC Number: 202-224-3744  
Iowa Number: 515-288-1145  
Please enter your information below to e-mail Sen. Grassley using the enclosed pre-written letter.

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Federal: Bipartisan Coalition Introduces the Marijuana Businesses Access to Banking Act of 2015

Members of the US House and Senate are sponsoring The Marijuana Businesses Access to Banking Act of 2015 to permit financial institutions to engage in business relationships with the marijuana industry. In November, the bill received support from Senate Minority Leader Harry Reid who signed on as a cosponsor of the bill. The House version of the bill is HR 2076. The Senate version is S. 1726

Presently, most major financial institutions refuse to provide services to state-compliant operators in the marijuana industry out of fear of federal prosecution. The Marijuana Businesses Access to Banking Act of 2015 provides “a safe harbor for depository institutions providing financial services to a marijuana-related legitimate business insofar as it prohibits a federal banking regulator from: (1) terminating or limiting the deposit or share insurance of a depository institution solely because it provides financial services to a marijuana-related legitimate business; or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from offering such services.” 

In addition, the measure provides legal protections to both financial institutions and their employees. The Act states: “Immunity from federal criminal prosecution or investigation is granted, subject to certain conditions, to a depository institution that provides financial services to a marijuana-related legitimate business in a state or one of its political subdivisions that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana. Neither the depository institution nor its officers, directors, nor employees may be held liable under federal law or regulation solely for providing such financial services or further investing income derived from those services.” 

No industry can operate safely, transparently or effectively without access to banks or other financial institutions. Members of Congress ought to change federal policy so that this growing number of state-compliant businesses, and their consumers, may operate in a manner that is similar to other legal commercial entities.

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

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Massachusetts: Lawmakers Fail To Consider Medical Marijuana Expansion Measure

Lawmakers failed to move legislation forward to protect patients approved by physicians and certified by the Department of Public Health to access medical marijuana. 

H. 2065 sought to protect qualified patients from discrimination. The measure would have no longer permitted employers, landlords, hospitals, universities, and family services to discriminate and/or sanction individuals based solely on their status as a state-qualified medical marijuana patient. 

The bill also sought to allow nurses, hospice providers, and caretakers over 21 years of age to become personal caretakers to qualified patients without requiring them to obtain a registration card, and provides for reciprocity for out-of-state patients.  

NORML would like to thank those of you who contacted your state lawmakers in support of this legislation. 

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District of Columbia: Medical Marijuana Program Expanded

Members of the DC City Council and Mayor Vincent Gray have approved legislation amending the District’s medical marijuana program to expand physicians’ authority to recommend cannabis therapy. The Mayor signed the measure, “The Medical Marijuana Expansion Emergency Amendment Act of 2014,” into law on July 29.

Under the city’s existing program, enacted in 2010, physicians may only recommend cannabis therapy to patients diagnosed one of a limited number of qualifying conditions, such as cancer and HIV/AIDS. As amended, DC-licensed doctors will be able to recommend cannabis therapy for any debilitating condition for which he or she believes the plant may offer therapeutic benefits. Proponents of the law change argued that the existing restrictions had unduly limited patient participation in the program, which allows for registered patients to obtain cannabis from District-licensed dispensaries.

About 700 DC residents are presently registered to participate in the program.

The new measure also expands the number of marijuana plants a licensed cultivator may grow from 95 plants to 500 plants. The measure will become effective following a 30-day Congressional review period. However, as enacted the changes to DC’s medical marijuana program are only temporary and will need to be renewed by the Council later this fall.

District voters initially approved a municipal initiative establishing the citywide program in 1998. However, the program did not become operational until 2013.

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Utah: Lawmakers Enact CBD-Exemption Measure

Lawmakers approved legislation, House Bill 105, exempting state-qualified patients from criminal prosecution if they possess a cannabis extract that contains more than 15 percent CBD and no more than 0.3 percent THC.

Only patients diagnosed with intractable epilepsy and possessing a recommendation from a neurologist are allowed to obtain high CBD-extracts under the program. The law does not provide for any legal in-state source of the product at this time. 

House Bill 105 further allows for universities to engage in state-sponsored hemp production in compliance with Section 7606 of the omnibus federal Farm. However, it remains to be seen whether the state intends to try and produce CBD extracts from hemp crops or whether officials intend to also grow separate CBD-dominant strains of cannabis, the latter of which would require federal permission. 

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More executive overreach? Lawmakers say Obama hemp policy is a buzzkill for research

 

Kentucky is one of 28 states that permit the production of industrial hemp.

Kentucky is one of 28 states that permit the production of industrial hemp. Charles Bertram Lexington Herald-Leader

By Curtis Tate

ctate@mcclatchydc.com

 

You can’t get high from smoking hemp, but a bipartisan group of lawmakers says states and universities growing it for research could get busted if they cross state lines with it.

Three Kentucky lawmakers — Republican Sen. Rand Paul, Democratic Rep. John Yarmuth and Republican Rep. Thomas Massie — have asked the Obama administration to remove or revise August guidance that prohibits the shipment of hemp plants and seeds across state lines even for research.

Industrial hemp only contains a fraction of the intoxicating chemical associated with its cousin marijuana, and it is grown worldwide to produce fabrics, carpets, paper, cosmetics, pharmaceuticals and even auto parts.

While federal law prohibits farmers from growing hemp for a profit, it can be grown in some states for research purposes.

 

We request that you please remove the attempted prohibition on transporting plants and seeds across state lines.

 

Sen. Rand Paul, R-Kentucky, and 18 other lawmakers in letter Joining 16 of their colleagues in a letter dated Thursday, the Kentucky lawmakers told the Drug Enforcement Agency, the U.S. Department of Agriculture and the Food and Drug Administration that its guidance has sown seeds of confusion among state agriculture departments and universities that have hemp research programs.

Kentucky and 27 other states have authorized the production of industrial hemp. The 2014 Farm Bill enabled those states to establish pilot programs.

This year in Kentucky, 135 growers and 4,500 acres have been approved under the state’s pilot program. Kentucky had led the nation in hemp production until after the Civil War.

This year in Kentucky, 135 growers and 4,500 acres have been approved under the state’s pilot program.

The Farm Bill also says the Executive Branch may not use appropriated funds “to prohibit the transportation, processing, sale or use of industrial hemp” that is grown in accordance with the law.

The three agencies do not have the authority to issue the guidance they did in August, the lawmakers wrote.

“We request that you please remove the attempted prohibition on transporting plants and seeds across state lines,” they wrote.

 

Curtis Tate: 202-383-6018, @tatecurtis

Read more here: http://www.miamiherald.com/news/nation-world/national/article110887257.html#storylink=cpy

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