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Voters in eight states decided on Election Day to radically amend their longstanding marijuana policies. But many lawmakers in these states still aren’t getting the message.
Despite these voter mandates, many lawmakers remain reluctant to move forward with the legal reforms that the public has demanded. In some cases, legislators and regulators are outright defying voters’ will by proposing measures to undermine the election’s outcomes altogether.
THIS WILL NOT STAND, WE NEED TO FIGHT BACK! CLICK HERE TO SUPPORT NORML’S FIGHT AGAINST THESE SENSELESS DELAYS
For example, in Massachusetts, a handful of political leaders pushed through emergency legislation during an informal legislative session to delay marijuana sales until July 1, 2018. The Boston Globe summarized the event this way, “The extraordinary move, made in informal sessions with just a half-dozen legislators present, … unravel a significant part of the legalization measure passed by 1.8 million voters.” Additional measures before lawmakers seek to further derail several other aspects of the law, including adults’ ability to grow marijuana in their private residence.
In Maine, lawmakers have similarly passed legislation to delay the enactment of voter-initiated provisions governing the retail production and sale of marijuana until the spring of 2018. The emergency measure also rolls back specific initiative provisions that permitted on site consumption in specially licensed establishments, as well as the possession of marijuana-infused edible products.
In Florida, where 71 percent of voters endorsed a constitutional amendment providing doctors with the discretion to recommend medical marijuana to patients for whom they believed the benefits “would likely outweigh the potential health risks,” regulators are trying to strip medical marijuana access to those with chronic pain.
In Arkansas, one lawmaker has proposed legislation to postpone the enactment of the state’s new medical cannabis program indefinitely.
Even in California, where 56 percent of voters decided in favor of legalizing the adult marijuana market, some lawmakers are warning citizens to expect delays before the new law takes full effect.
NORML believes that these delays and proposed legislative changes are unacceptable, and we are working hard to assure that the will of the voters is upheld.
Voters like you made their opinions on marijuana policy clear at the ballot box in November. Lawmakers in these jurisdictions have a responsibility to abide by the will of the people and to do so in a timely manner. Americans have lived with the failings of marijuana prohibition for far too long. The people’s will should not be compromised, second-guessed, or held hostage by politicians who are unwilling to recognize that they are on the wrong side of history.
In Solidarity,
Erik Altieri
Executive Director
NORML
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Language in Question 1: the Marijuana Legalization Act, specific to the private possession and cultivation of marijuana by adults took effect today.get top-quality seeds for your next grow
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Maine has become the eighth state to eliminate criminal penalties specific to the adult possession and personal use of cannabis.
Language in Question 1: the Marijuana Legalization Act, specific to the private possession and cultivation of marijuana by adults took effect today. It permits adults who are not participating in the state’s existing medical cannabis program to possess up to 2.5 ounces of marijuana and/or the harvest of up to six mature plants.
Maine voters narrowly passed Question 1 on Election Day.
In response to Question 1, Maine lawmakers passed separate legislation, LD 88, permitting adults to possess up to five grams of marijuana concentrates. However, other provisions in the measure delay the implementation of retail marijuana sales until at least February 1, 2018. It also prohibits the possession of “edible retail marijuana products” until this date.
Alaska, California, Colorado, Massachusetts, Nevada, Oregon, and Washington have previously adopted voter-initiated laws legalizing the private consumption and/or sale of cannabis by adults. The District of Columbia also permits adults to legally possess and grow personal use quantities of marijuana in private residences.
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Welcome to this week’s edition of the legislative roundup. With prohibitionists fighting nationwide, from Massachusetts to deny the will of the voters with the implementation of legalization to Hawaii where the state is seeking to impose increased monitoring of drivers who may be under the influence of marijuana, NORML is constantly working to fight the rising tide of anti-science legislation cropping up.
On the proactive “Team Rationality” side, NORML chapters are advancing efforts from reducing criminal penalties in Virginia to expanding worker protections for cannabis consumers in Washington state.
Below are the priority bills that we’ve tracked this week, with more being posted on our http://norml.org/act page every day.
If you have not yet, make sure 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,
Justin
Arkansas
Legislative efforts are pending to amend the state’s voter-initiated medical marijuana law in a manner that would restrict qualified patients from smoking herbal preparations of the plant. Republican Gov. Asa Hutchinson indicates that he favors the plan.
NORML opposes this effort to fundamentally change the law for the following reasons.
The inhalation of herbal cannabis is associated with the rapid onset of drug effect while the oral consumption of other preparations, such as oils, extracts, or pills, is associated with significantly delayed onset. For patients seeking rapid relief from symptoms, such as those suffering from severe nausea, seizures, or spasms, inhaling herbal cannabis is the fastest and most effective route of administration. Inhaling cannabis also permits patients to better regulate their dose.
Further, the effects of orally ingested cannabis are far less predictable in comparison to inhaled cannabis. This is because there exists far greater variability in the ways that marijuana is metabolized when it is consumed orally — meaning that patients may experience disparate and even dysphoric effects from dose to dose, even in instances where the dose is standardized.
AR Resident? Click here to email your representatives to oppose this effort.
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Additionally, SB 130 prohibits individuals from operating a motor vehicle if they have 5 or more nanograms of THC per milliliter in their blood. NORML opposes this proposal.
It should not be presumed that the detection of THC is predictive of psychomotor impairment and such a presumption should not be codified in Arkansas traffic safety statutes. The imposition and enforcement of this measure risks inappropriately convicting unimpaired subjects of traffic safety violations.
AR Resident? Click here to email your representatives to oppose this effort.
Hawaii
Legislation is pending, SB 548, to legalize the possession and use of limited amounts of marijuana for those over the age of 21.
According to 2014 statewide poll, 66 percent of Hawaii voters support the taxation and regulation of marijuana.
HI Resident? Click here to email your representatives to urge them to support this effort.
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Additionally, Legislation is pending, SB 17, that seeks to establish a per se limit of “five nanograms or more per milliliter of active tetrahydrocannabinol” for anyone driving a motor vehicle.
NORML opposes this proposal.
It should not be presumed that the detection of THC is predictive of psychomotor impairment and such a presumption should not be codified in Hawaii traffic safety statutes. The imposition and enforcement of this measure risks inappropriately convicting unimpaired subjects of traffic safety violations.
HI Resident? Click here to email your representatives to urge them to support this effort.
Massachusetts
On Wednesday, December 28, a handful of lawmakers met in a special session and voted to delay the roll out of retail marijuana providers from January 1, 2018 to July 1, 2018. As summarized by The Boston Globe, “The extraordinary move, made in informal sessions with just a half-dozen legislators present, would unravel a significant part of the legalization measure passed by 1.8 million voters just last month.” Governor Charlie Baker signed the bill into law just two days later.
But this was only the beginning.
Now, Senator Jason M. Lewis is proposing bills that would reduce the amount of marijuana that an individual can possess, restrict the number of plants that a person can grow, and ban various forms of THC infused products including edibles.
The arrogance and hubris lawmakers are showing toward voters is shocking, and is typified by the comments of Senate President Stanley C. Rosenberg who, only hours after the vote, pronounced: “I believe that when voters vote on most ballot questions, they are voting in principle. They are not voting on the fine detail that is contained within the proposal.”
It’s time for you to send another clear message to your lawmakers: Abide by voters’ decision or suffer the consequences.
MA Resident? Click here to email your representatives to urge them to support this effort.
Nebraska
State Senator Anna Wishart has introduced comprehensive medical marijuana legislation, LB622.
Senator Wishart’s bill is similar to legislation that was introduced in 2016 and narrowly defeated. LB622 will allow patients with conditions such as Crohn’s disease, epilepsy, opioid addictions and some types of cancer to obtain marijuana. Additionally it would permit patients to grow up to 12 plants and/or possess up to six ounces of cannabis for therapeutic purposes. Last year’s bill was narrowly defeated by lawmakers.
Twenty-nine states and the District of Columbia have enacted statewide provisions allowing patients access to cannabis therapy. Nebraska patients deserve these same protections.
NE Resident? Click here to email your representatives to urge them to support this effort.
New Hampshire
After nearly a decade of frustration, 2017 may finally be the year that New Hampshire voters successfully see marijuana possession decriminalized.
HB640, sponsored by 6 Republicans and 6 Democrats, will amend criminal penalties for marijuana possession is pending in the House, where lawmakers have overwhelmingly supported such efforts for eight years in a row. However, legislators this year are hopeful that, for the first time, they also have sufficient votes to also clear the Senate.
NH Resident? Click here to email your representatives to urge them to support this effort.
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Additionally, Multiple bills are pending before lawmakers to expand the pool of patients eligible to qualify for medical marijuana therapy.
In particular, these measures would permit patients with conditions like chronic pain and post-traumatic stress to obtain legal access to marijuana.
Most recently, an exhaustive report released by the National Academies of Sciences determined that there is “conclusive” evidence that cannabis is “effective for the treatment of chronic pain.” Authors concluded, “In adults with chronic pain, patients who were treated with cannabis or cannabinoids (constituents found organically in the marijuana plant) are more likely to experience a clinically significant reduction of pain symptoms.”
NH Resident? Click here to email your representatives to urge them to support this effort.
New York
Senator Liz Krueger (D) has introduced the Marijuana Regulation and Taxation Act in the New York General Legislature.
The act legalizes possession and cultivation, and would establish a market for legal marijuana for adults 21 and older.
NY Resident? Click here to email your representatives to urge them to support this effort.
North Dakota
Legislation is pending, HB 1340, in the statehouse to decriminalize the possession of marijuana and marijuana-related paraphernalia.
Under existing law, marijuana possession of one ounce or less is punishable by up to 30 days in jail and a $1,500 fine, while the possession of greater amounts are classified as a felony offense punishable by up to five years in prison. Possessing marijuana-related paraphernalia is punishable by up to one year in jail and a $3,000 fine.
ND Resident? Click here to email your representatives to urge them to support this effort.
Virginia
UPDATE: SB1091 has passed the full Senate by a vote of 38-2 and HB 2051 has passed it’s first committee vote in the House of Delegates.
State Senators Adam Ebbin (D), Bill Stanley (R) and Delegate Les Adams (R) have introduced SB 1091 and HB 2051 respectively, legislation that would remove the mandatory driver’s license suspension currently imposed for those with a marijuana possession conviction.
Under current law, any drug conviction, regardless of whether or not a motor vehicle was involved, results in an automatic suspension of the individual’s driving privileges for 6 months.
VA Resident? Click here to email your representatives to urge them to support this effort.
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Additionally, SB 1298 has cleared the Senate Courts of Justice Committee on a 9-4 vote as it seeks to establish affirmative defense for possession of cannabidiol if an individual has written certification that they require the substance due to an approved medical condition.
Affirmative defense establishes a basic set of facts surrounding cannabidiol possession cases. If someone with a qualifying medical condition is caught possessing marijuana, an affirmative defense for the individual would likely result in a more lenient punishment.
VA Resident? Click here to email your representatives to urge them to support this effort.
Washington
Legislation is pending before the House, HB 1094, to prohibit employers from discriminating against patients who legally consume marijuana during non-work hours.
The bill amends existing law so that: “An employer may not refuse to hire a qualifying patient, discharge or bar a qualifying patient from employment, or discriminate against a qualifying patient in compensation or in other terms and conditions of employment because of the qualifying patient’s: (i) Status as a qualifying patient; or (ii) Positive drug test for marijuana components or metabolites.”
Changes in the legal status of marijuana has not been associated with any adverse changes in workplace safety. In fact, a pair of studies from 2016 find that legalization is associated with greater workforce participation and with fewer workplace absences. Most recently, the National Academies of Sciences just-released marijuana and health report found “insufficient evidence” to support an association between cannabis use and occupational accidents or injuries.
WA Resident? Click here to email your representatives to urge them to support this effort.
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