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In 2017, city police made an estimated 17,500 arrests for marijuana possession in the 5th degree — a class B misdemeanor. Consistent with past years, 86 percent percent of those arrested were either Black or Hispanic.
Since the de Blasio administration took office in 2014, city police have made over 75,000 misdemeanor marijuana possession arrests; 86 percent of arrestees were either Black or Latino.
Under state law, the possession of up to an ounce of cannabis is a non-arrestable offense, except instances where the police contend that the substance was either being burned or was in public view.
During his mayoral campaign, de Blasio said that the city’s elevated marijuana arrest totals “demonstrate clear racial bias” and promised to “direct the NYPD to stop these misguided prosecutions.”
Despite consuming cannabis at rates comparable to whites, recent analyses of marijuana arrest data from multiple states find that African Americans are consistently arrested for marijuana possession offenses at at least three times the rate of Caucasians.
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In 2017, city police made an estimated 17,500 arrests for marijuana possession in the 5th degree — a class B misdemeanor. Consistent with past years, 86 percent percent of those arrested were either Black or Hispanic.
Since the de Blasio administration took office in 2014, city police have made over 75,000 misdemeanor marijuana possession arrests; 86 percent of arrestees were either Black or Latino.
Under state law, the possession of up to an ounce of cannabis is a non-arrestable offense, except instances where the police contend that the substance was either being burned or was in public view.
During his mayoral campaign, de Blasio said that the city’s elevated marijuana arrest totals “demonstrate clear racial bias” and promised to “direct the NYPD to stop these misguided prosecutions.”
Despite consuming cannabis at rates comparable to whites, recent analyses of marijuana arrest data from multiple states find that African Americans are consistently arrested for marijuana possession offenses at at least three times the rate of Caucasians.
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The initiative permits patients, at the discretion of a physician, to cultivate limited quantities of marijuana or to obtain cannabis and cannabis-infused products from licensed facilities.
The group behind the effort, New Approach Missouri, includes members of both national NORML as well as its state and local affiliates.
For more information about this initiative campaign or to become involved, click here.
Proponents sought to place a similar effort on the 2016 ballot. That effort failed after the courts upheld the decision of St. Louis-area election authorities to reject some 2,000 signatures in the state’s second Congressional district.
Missouri is one of several states where voters this year are anticipated to decide on cannabis-related ballot measures. In November, members of Michigan NORML and other coalition members turned in 360,000 signatures in an effort to qualify the Michigan Regulation and Taxation of Marihuana Act for the November ballot. (Just over 252,000 valid signatures from registered voters are necessary.) Also in November, grassroots activists in South Dakota turned in over 15,000 signatures in an effort to place the South Dakota Medical Marijuana Initiative on the ballot. (Over 13,800 valid signatures are necessary.) In Utah, advocates are well on their way to gathering the necessary quantity of signatures necessary to place The Utah Medical Cannabis Act on the 2018 ballot. In Oklahoma, voters will decide on June 26 whether or not to approve State Question 788 — a broad-based initiative that permits physicians to recommend medical cannabis to patients at their sole discretion. NORML endorsed State Question 788 in January.
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Gov LePage (R-Maine)
Members of the Marijuana Legalization Implementation Committee have voted 16 to 1 in favor of overhauling the law, which has yet to be fully implemented. Lawmakers had initially voted last year to delay the enactment of provisions regulating the retail production and sale of cannabis. Then in November, Republican Gov. Paul LePage vetoed legislation that sought to license and regulate marijuana businesses and sales, stating: “Until I clearly understand how the federal government intends to treat states that seek to legalize marijuana, I cannot in good conscience support any scheme in state law to implement expansion of legal marijuana in Maine.” Lawmakers voted in favor of sustaining LePage’s veto.
Now lawmakers are pushing a plan to amend and repeal numerous provisions of the law, including provisions that have already taken effect. Specifically, language in the new proposal would limit the quantity of mature marijuana plants that an adult may legally grow in a private residence from six to three. Legislators are advocating for this change despite the fact that no regulated, commercial market yet exists for cannabis — leaving adults reliant exclusively upon home cultivation operations. Further, no data has been presented indicating that the state’s existing plant quotas are either being abused or that home-cultivated marijuana is being diverted into the criminal market. NORML opposes this proposed amendment.
“A majority of Maine voters decided in favor of legalizing and regulating the use of marijuana by adults,” NORML’s Political Director Justin Strekal said. “It is time for lawmakers to implement the will of the people, not undermine it.”
Other language in the new proposal would repeal language permitting for the operation of state-licensed social use facilities, and would eliminate provisions redirecting portions of marijuana-related tax revenue to localities that explicitly permit such operations. Separate language in the bill seeks to impose a new 21.5 percent excise tax on wholesale marijuana transactions. The bill also makes it easier for communities that wish to ban adult use operations to do so.
If you reside in Maine, you can use NORML’s ‘Take Action Center’ to contact your lawmakers here.
A finalized version of the bill is anticipated to go before lawmakers in the House and Senate in late March. Rep. Teresa Pierce, D-Falmouth, the Implementation Committee’s House chairman, said that the so-called “compromises” in the plan are necessary because of the close nature of the 2016 vote and because the Governor has remained steadfastly opposed to the issue. Yet, even despite the proposed amendments, House Minority Leader Ken Fredette predicts that LePage will likely veto this committee bill too.
In Massachusetts, where voters approved a similar 2016 initiative regulating the adult use and retail sale of cannabis, regulators this week also announced delays and changes to the voter-approved law. On Monday, following pressure from the Governor and other lawmakers, members of the Cannabis Control Commission voted for a limited rollout of retail marijuana sales in July — postponing licenses for home delivery services, marijuana lounges, and other distribution channels until early next year. Commercial marijuana production and sales were initially slated to begin on January 1, 2018, but lawmakers last year passed emergency legislation postponing the enactment of those regulatory provisions until this summer.
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The initiative permits patients, at the discretion of a physician, to cultivate limited quantities of marijuana or to obtain cannabis and cannabis-infused products from licensed facilities.
The group behind the effort, New Approach Missouri, includes members of both national NORML as well as its state and local affiliates.
For more information about this initiative campaign or to become involved, click here.
Proponents sought to place a similar effort on the 2016 ballot. That effort failed after the courts upheld the decision of St. Louis-area election authorities to reject some 2,000 signatures in the state’s second Congressional district.
Missouri is one of several states where voters this year are anticipated to decide on cannabis-related ballot measures. In November, members of Michigan NORML and other coalition members turned in 360,000 signatures in an effort to qualify the Michigan Regulation and Taxation of Marihuana Act for the November ballot. (Just over 252,000 valid signatures from registered voters are necessary.) Also in November, grassroots activists in South Dakota turned in over 15,000 signatures in an effort to place the South Dakota Medical Marijuana Initiative on the ballot. (Over 13,800 valid signatures are necessary.) In Utah, advocates are well on their way to gathering the necessary quantity of signatures necessary to place The Utah Medical Cannabis Act on the 2018 ballot. In Oklahoma, voters will decide on June 26 whether or not to approve State Question 788 — a broad-based initiative that permits physicians to recommend medical cannabis to patients at their sole discretion. NORML endorsed State Question 788 in January.
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legally buy a top quality marijuana seeds
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get top-quality seeds for your next grow
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Gov LePage (R-Maine)
Members of the Marijuana Legalization Implementation Committee have voted 16 to 1 in favor of overhauling the law, which has yet to be fully implemented. Lawmakers had initially voted last year to delay the enactment of provisions regulating the retail production and sale of cannabis. Then in November, Republican Gov. Paul LePage vetoed legislation that sought to license and regulate marijuana businesses and sales, stating: “Until I clearly understand how the federal government intends to treat states that seek to legalize marijuana, I cannot in good conscience support any scheme in state law to implement expansion of legal marijuana in Maine.” Lawmakers voted in favor of sustaining LePage’s veto.
Now lawmakers are pushing a plan to amend and repeal numerous provisions of the law, including provisions that have already taken effect. Specifically, language in the new proposal would limit the quantity of mature marijuana plants that an adult may legally grow in a private residence from six to three. Legislators are advocating for this change despite the fact that no regulated, commercial market yet exists for cannabis — leaving adults reliant exclusively upon home cultivation operations. Further, no data has been presented indicating that the state’s existing plant quotas are either being abused or that home-cultivated marijuana is being diverted into the criminal market. NORML opposes this proposed amendment.
“A majority of Maine voters decided in favor of legalizing and regulating the use of marijuana by adults,” NORML’s Political Director Justin Strekal said. “It is time for lawmakers to implement the will of the people, not undermine it.”
Other language in the new proposal would repeal language permitting for the operation of state-licensed social use facilities, and would eliminate provisions redirecting portions of marijuana-related tax revenue to localities that explicitly permit such operations. Separate language in the bill seeks to impose a new 21.5 percent excise tax on wholesale marijuana transactions. The bill also makes it easier for communities that wish to ban adult use operations to do so.
If you reside in Maine, you can use NORML’s ‘Take Action Center’ to contact your lawmakers here.
A finalized version of the bill is anticipated to go before lawmakers in the House and Senate in late March. Rep. Teresa Pierce, D-Falmouth, the Implementation Committee’s House chairman, said that the so-called “compromises” in the plan are necessary because of the close nature of the 2016 vote and because the Governor has remained steadfastly opposed to the issue. Yet, even despite the proposed amendments, House Minority Leader Ken Fredette predicts that LePage will likely veto this committee bill too.
In Massachusetts, where voters approved a similar 2016 initiative regulating the adult use and retail sale of cannabis, regulators this week also announced delays and changes to the voter-approved law. On Monday, following pressure from the Governor and other lawmakers, members of the Cannabis Control Commission voted for a limited rollout of retail marijuana sales in July — postponing licenses for home delivery services, marijuana lounges, and other distribution channels until early next year. Commercial marijuana production and sales were initially slated to begin on January 1, 2018, but lawmakers last year passed emergency legislation postponing the enactment of those regulatory provisions until this summer.
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The 98-page complaint, filed in July 2017 by a legal team that includes New York attorney Michael Hiller, NORML Legal Committee member Joseph Bondy and Empire State NORML Director David Holland, contended that the federal government “does not believe, and upon information and belief never has believed” that cannabis meets the requirements for a Schedule I designation under the Controlled Substances Act. It further argued that current administrative mechanisms in place to allow for the reconsideration of cannabis Schedule I classification are “illusory.” Lawyers for the Justice Department argued for a dismissal of the suit, arguing: “There is no fundamental right to use marijuana, for medical purposes or otherwise.”
Presiding Judge Alvin K. Hellerstein sided with the federal government, opining in a 20-page ruling: “No such fundamental right (to possess or use cannabis) exists. Every court to consider the specific, carefully framed right at issue here has held that there is no substantive due process right to use medical marijuana.” The judge further ruled that plaintiffs had not yet exhausted all of the potential administrative remedies available to them — such as filing an administrative petition to reschedule cannabis with the US Drug Enforcement Administration — and therefore, it was inappropriate for the court to intervene. “There can be no complaint of constitutional error when such a process is designed to provide a safety valve of this kind,” he opined. “Judicial economy is not served through a collateral proceeding of this kind that seeks to undercut the regulatory machinery on the Executive Branch and the process of judicial review in the Court of Appeals.”
Judge Hellerstein also rejected plaintiffs’ claim that the federal law is unconstitutional because “it was passed with racial animus.” He held that plaintiffs lacked the standing to argue such a claim because they “have failed to demonstrate that a favorable decision is likely to redress plaintiffs’ alleged injuries,” such as a dismissal of their past criminal convictions.
With regard to the question of whether the plaintiffs legitimately benefited from cannabis as a medicinal agent, the judge argued that the merits of this claim was beyond the scope of the court. “Plaintiffs’ amended complaint, which I must accept as true for the purpose of this motion, claims that the use of medical marijuana has, quite literally, saved their lives,” he wrote. “I highlight plaintiffs’ experience to emphasize that this decision should not be understood as a factual finding that marijuana lacks any medical use in the United States, for the authority to make that determination is vested in the administrative process.” He added, “Even if marijuana has current medical uses, I cannot say that Congress acted irrationally in placing marijuana in Schedule I.”
Legal counsel for the plaintiffs have yet to publicly announce whether or not they intend to appeal Judge Hellerstein’s ruling.
A judge for the Federal District Court in Sacramento considered similar arguments in a 2014 legal challenge, also spearheaded by members of the NORML Legal Committee, but ultimately rejected them — ruling that plaintiffs failed to show that Congress acted irrationally when classifying cannabis as a schedule I controlled substance. “At some point in time, a court may decide this status to be unconstitutional,” the judge determined. “But this is not the court and not the time.”
Text of Judge Hellerstein’s decision in Washington et al. v. Sessions et al is online here.
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