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Welcome to the latest edition of NORML’s Weekly Legislative Roundup!
In Congress this week Senator Cory Booker (D-NJ), along with Representatives Barbara Lee (D-CA) and Ro Khanna (D-CA), introduced The Marijuana Justice Act of 2019, to remove marijuana from the Controlled Substances Act and incentivize states to end the racially disparate criminalization of marijuana consumers.
At the state level, North Dakota state Rep. Roers Jones, who sponsored the recently defeated decriminalization bill, is trying to get her language inserted as a part of separate legislation.
As New Jersey lawmakers and Governor Phil Murphy continue to work out details of a marijuana legalization bill, two anti-legalization lawmakers in the state introduced a proposal that would let the voters decide on the issue with a 2020 ballot question.
Activists in Missouri gathered at the state capital alongside Missouri NORML chapters earlier this week for their second lobby day of the session!
At a more local level, San Francisco County became the nation’s first county to complete an automatic expungement process, as the District Attorney expunged the conviction records of over 9,600 individuals in total for offenses that are no longer a crime in California.
Denver, Colorado’s marijuana social use law is here to stay, as the city council voted this week to remove the “sunset” provision which made it a temporary four year program.
Following are the bills that we’ve tracked this week and as always, check NORML’s Action Center 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 U.S. Congress. Another great way to stay up to date is Marijuana Moment’s daily newsletter, which you can subscribe to HERE.
Your Highness,
Carly
Actions to Take
Federal
End Prohibition: The Marijuana Justice Act would (1) remove marijuana from the US Controlled Substances Act, thereby ending the federal criminalization of cannabis; (2) incentivize states to mitigate existing and ongoing racial disparities in state-level marijuana arrests; (3) expunge federal convictions specific to marijuana possession; (4) allow individuals currently serving time in federal prison for marijuana-related violations to petition the court for resentencing; (5) and create a community reinvestment fund to invest in communities most impacted by the failed War on Drugs.
Send a message to your federal lawmakers in support of this important legislation
Arkansas
Legislation is pending, Senate Bill 440, to prohibit the availability of cannabis-infused food and drink products for qualified patients.
Update: SB 440 was heard by the Senate Agriculture, Forestry & Economic Development Committee, but no action has been taken yet.
AR resident? Click here to email your lawmakers in opposition to a ban on edibles
Colorado
Senate Bill 19-013 would permit physicians to recommend cannabis therapy for any condition for which an opiate would otherwise be prescribed.
Update: SB 19-013 is scheduled for a hearing in the House Health & Insurance Committee for 3/6/2019 at 1:30pm, room 0107.
House Bill 19-1028 would permit physicians to recommend cannabis therapy to those diagnosed with an autism spectrum disorder.
Update: HB 19-1028 is scheduled for a hearing in the Senate Health & Human Services Committee at 1:30pm on 3/14/2019, Room LSB-B.
CO resident? Click here to email your lawmakers in support of medical expansion
Georgia
House Bill 324 seeks to expand and facilitate patients’ access to medical cannabidiol (CBD) products.
The pending legislation seeks to establish a regulatory framework to permit the retail sale of medical CBD products to registered patients.
Update: The House Regulated Industries Low Thc Oil Access Subcommittee held another hearing on HB 324 on 2/27/2019, then the bill was approved by the full committee on 3/1/2019.
GA resident? Click here to email your lawmakers in support of medical CBD expansion
Legislation is pending, House Bill 213, to establish an industrial hemp program to be in compliance with the new federal hemp regulations.
Update: HB 213 was approved by the full House on 2/27/2019, and will now be transmitted to the Senate.
GA resident? Click here to email your lawmakers in support of industrial hemp production
Hawaii
Legislation is pending, House Bill 673 / Senate Bill 1430, to expand medical cannabis access.
The proposed changes:
Update: HB 673 was approved by the House Committee on Finance on 2/27/2019, and will now go before the full House for a vote.
HI resident? Click here to email your lawmakers in support of medical expansion
Indiana
Legislation is pending, Senate Bill 516, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: SB 516 was approved by the full Senate on 2/25 and will now be transmitted to the House.
IN resident? Click here to email your lawmakers in support of industrial hemp production
Iowa
Senate File 378 reduces criminal penalties for first time offenders for the possession of 5 grams of marijuana or less from a serious misdemeanor, punishable by up to 6 months in jail and a maximum fine of $1,000, to a simple misdemeanor, punishable by no more than 30 days in jail and/or a $625 fine.
Update: SF 378 was approved by the Senate Judiciary Committee on 2/26.
IA resident? Click here to email your lawmakers in support of penalty reductions
Maryland
House Bill 656 would permit adults 21 and over to possess up to one ounce of marijuana and to cultivate up to four marijuana plants in their home.
House Bill 632 would amend the state’s constitution by putting a question before voters on the 2020 ballot regarding whether or not the state should regulate marijuana sales. If approved by voters, adults 21 and over would be allowed to possess up to one ounce of marijuana and cultivate up to six marijuana plants in their home.
Update: Both bills will be heard in the House Judiciary Committee on 3/6/2019.
MD resident? Click here to email your lawmakers in support of legalization
Minnesota
Legislation is pending, SF 1768, to permit physicians to recommend cannabis therapy to those struggling with opiate addiction.
MN resident? Click here to email your lawmakers in support of cannabis as an alternative to opioids
Legislation is pending, HF 1660 / SF 1204 to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: HF 1660 is scheduled for a hearing at 9:45am on 3/7/2019, 200 State Office Building.
MN resident? Click here to email your lawmakers in support of industrial hemp production
New Hampshire
Legislation is pending, House Bill 481, to allow for the use, possession, and retail sale of marijuana by adults.
The pending measure permits adults 21 and over to possess up to one ounce of marijuana and/or up to five grams of concentrate, and to grow up to six marijuana plants.
Update: HB 481 was approved by the House of Representatives by a 209-147 vote on 2/27.
NH resident? Click here to email your lawmakers in support of legalization
House Bill 364, to permit qualifying patients to cultivate personal use quantities of cannabis for therapeutic purposes.
The measure would permit patients to grow up to two mature plants and 12 seedings, and to possess up to six ounces of home-grown medical cannabis.
Update: HB 364 was heard and approved by the House Human Services and Elderly Affairs Committee on 2/26
NH resident? Click here to email your lawmakers in support of home cultivation
Legislation is pending, HB 350, to expand the pool of medical professionals who are eligible to recommend medical cannabis by permitting physician assistants to issue recommendations to their patients.
Update: HB 350 was approved by the Health, Human Services and Elderly Affairs Committee on 2/27.
NH resident? Click here to email your lawmakers in support of medical expansion
Legislation is pending, House Bill 335, to allow the Department of Health and Human Services to authorize additional dispensary licenses in certain geographic areas of the state. Under existing law, only a handful of licensed dispensaries are permitted in the state. This means that some patients must travel long distances and pay exorbitant prices to obtain their medicine.
Update: HB 335 was approved by the Health, Human Services and Elderly Affairs Committee on 2/27.
NH resident? Click here to email your lawmakers in support of additional dispensary locations
Legislation is pending, House Bill 459, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: The Environment and Agriculture Committee held a public hearing on HB 459 on 2/26/2019. The committee is scheduled to hold an executive session on the bill on 3/5/2019.
NH resident? Click here to email your lawmakers in support of industrial hemp production
New Mexico
Legislation is pending, House Bill 356, to permit the use, possession, and retail sale of cannabis for adults 21 and over.
A separate proposal is also pending to permit adult use marijuana sales, Senate Bill 577, with retail stores being regulated and operated by the state government as opposed to being privately operated.
Update: A substitute version of HB 356 was approved by the House Judiciary Committee on 2/23/2019. SB 577 was approved by the Senate Public Affairs Committee on 2/23/2019.
NM resident? Click here to email your lawmakers in support of legalization
Senate Bill 406:
Update: SB 406 was heard by the Senate Public Affairs Committee on 2/26, and then voted to pass a substitute version of the bill.
NM resident? Click here to email your lawmakers in support of medical expansion
Senate Bill 323 removes the threat of jail time as a penalty for first time offenders convicted of possessing up to one half an ounces of marijuana.
Senate Bill 408 reduces the penalty for the possession of marijuana from a felony to a misdemeanor, but does not remove the threat of jail time.
Update: Both bills are scheduled for a hearing in the Senate Judiciary Committee for 3/1/2019.
NM resident? Click here to email your lawmakers in support of possession penalty reductions
Senate Bill 204 seeks to allow medical cannabis to be administered to patients at school.
The measure permits children with serious conditions for which medical marijuana has been recommended to have their medicine administered to them while on school property.
Update: SB 204 is scheduled for a hearing in the House Health & Human Services Committee for 8:00am on 3/4/2019, Room 315.
Legislation is pending, House Bill 581, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: HB 581 was approved by the House Agriculture & Water Resources Committee on 2/27, and the bill was then heard by the House State Government, Elections & Indian Affairs Committee on the same day.
NM resident? Click here to email your lawmakers in support of industrial hemp production
Nevada
Legislation is pending, Senate Bill 228, to expand Nevada’s medical cannabis access program.
The proposed changes:
Update: The Senate Health and Human Services will hold a hearing on SB 228 at 4:00pm on 3/4/2019.
NV resident? Click here to email your lawmakers in support of medical expansion
North Dakota
House Bill 1519 would permit providers to recommend medical cannabis to those diagnosed with 13 additional conditions, including anorexia nervosa, anxiety, opioid use disorder or withdrawal, and autism.
Update: HB 1519 is scheduled for a hearing in the Human Services Committee at 11:00am on 3/5/2019.
House Bill 1364, would permit edible medical cannabis products, as long as they do not appeal to minors.
Update: HB 1519 is scheduled for a hearing in the Human Services Committee at 9:00am on 3/5/2019.
ND resident? Click here to email your lawmakers in support of medical expansion
Legislation is pending, House Bill 1349, to amend the state’s existing industrial hemp law to be in compliance with new federal hemp regulations.
Update: HB 1349 is scheduled for a hearing in the Agriculture Committee at 9:30am on 3/7/2019.
ND resident? Click here to email your lawmakers in support of industrial hemp production
Oklahoma
Legislation is pending, House Bill 2614, to amend the possession penalties for individuals who use cannabis for a qualifying condition, but are not in possession of a medical marijuana identification card.
The measure would reduce the penalty for this offense from a criminal misdemeanor to a citation, punishable by a maximum fine of $400.
Update: The House Rules Committee heard HB 2614 on 2/26, then approved a substitute version of the bill.
Legislation is pending, Senate Bill 868 / House Bill 2628, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: The Senate Committee On Agriculture & Wildlife held a hearing on SB 868 on 2/25/2019, then approved the bill. It was also approved by the Appropriations Committee on 2/27.
OK resident? Click here to email your lawmakers in support of industrial hemp production
Oregon
Legislation is pending, Senate Bill 639, to allow the social consumption of cannabis by adults in licensed and regulated establishments.
The bill allows the Oregon Liquor Control Commission to issue licenses for permanent cannabis consumption venues as well as cannabis events.
Update: SB 639 was heard by the Senate Business and General Government Committee on 2/28, but no action was taken on the bill yet.
OR resident? Click here to email your lawmakers in support of social consumption sites
South Carolina
Legislation is pending, House Bill 1191, to establish an industrial hemp pilot program that will operate in compliance with newly enacted federal hemp regulations.
Update: HB 1191 was approved by the full House on 2/22, and was heard by the Senate Agriculture and Natural Resources Committee on 2/28/2019.
SC resident? Click here to email your lawmakers in support of industrial hemp productions
South Dakota
Legislation is pending, House Bill 1191, to establish an industrial hemp pilot program that will operate in compliance with newly enacted federal hemp regulations.
Update: HB 1191 was approved by the Senate Agriculture and Natural Resources Committee on 2/28.
SD resident? Click here to email your lawmakers in support of industrial hemp production
Tennessee
Legislation is pending, SB 357 / HB 844, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: SB 357 will be considered by the full Senate on 3/4/2019. The House Agriculture and Natural Resources Subcommittee heard HB 844 on 2/26/2019. The subcommittee deferred action on HB 844 until 3/5/2019.
TN resident? Click here to email your lawmakers in support of industrial hemp production
Texas
House Bill 63 would reduce the possession penalties for small amounts of marijuana.
Update: HB 63 will be heard in the House Criminal Jurisprudence Committee on 3/4/2019 at 2:00pm.
TX resident? Click here to email your lawmakers in support of decriminalization
Vermont
S. 54 seeks to establish a regulatory framework for the regulation of a commercial, adult use marijuana market.
Update: S. 54 was approved by the full Senate by a 23-5 vote on 2/28/2019. The bill will get voted on one more time before being transmitted to the House.
VT resident? Click here to email your lawmakers in support of regulation
Washington
Legislation is pending, SB 5605 / HB 1500, to allow individuals with prior misdemeanor cannabis convictions to apply to the sentencing court to have their record vacated.
Update: SB 5605 was approved by the Senate Committee on Ways & Means on 2/26 at 1:30pm, and was then sent to the Rules Committee.
WA resident? Click here to email your lawmakers in support of vacating prior conviction records
Legislation is pending, Senate Bill 5276, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: A substitute version of SB 5276 was approved by the Senate Committee on Ways & Means on 2/25, and the bill was then sent to the Rules Committee.
WA resident? Click here to email your lawmakers in support of industrial hemp production
Wyoming
House Bill 171 seeks to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.
Update: HB 171 was approved by the full Senate on 2/25/2019, then approved by the House again for concurrence, and will now be transmitted to the Governor.
WY resident? Click here to email your lawmakers in support of industrial hemp production
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The American Psychological Association (APA) is urging US Attorney General William Barr to review more than two-dozen pending applications for federal marijuana grow licenses. In a letter dated Wednesday, February 27, the association urged the Justice Department to “act immediately” on 26 applications pending before federal officials – applications which were initially submitted to the agency over two years ago.
Currently, the sole federally licensed producer of cannabis for clinical research is the University of Mississippi. The University has held the exclusive license for more than four decades.
In August 2016, the US Drug Enforcement Administration announced in the US Federal Register that the agency was “adopting a new policy that is designed to increase the number of entities registered under the Controlled Substances Act to grow (manufacture) marijuana to supply legitimate researchers in the United States.” The agency said that the policy change was necessary because the existing system provided “no clear legal pathway for commercial enterprises to produce marijuana for product development.”
Last year, however, former DEA director Robert Patterson testified to Congress that the agency believed that approving additional applicants would likely violate international anti-drug treaties. Patterson said that DEA could not move forward granting any new applications until the Justice Department clarified the issue.
In its letter to the newly appointed Attorney General, APA CEO Arthur C. Evans urged the Department “to take immediate action on the existing pool of cannabis grower applications so that the United States scientific community can continue to expand the study of both the harmful and potential therapeutic effects of cannabis and its derivatives. … Without access to an expanded range of cannabis products engineered under FDA-approved Good Manufacturing Practices, scientific research cannot hope to keep pace with the ever expanding recreational and medicinal cannabis marketplace.” The APA represents nearly 120,000 researchers and clinicians.
Also on Wednesday, Rep. Barbara Lee (D-CA) asked US Food and Drug Commissioner Scott Gottlieb whether he believed that it is possible for a US-based company to bring a marijuana plant-derived drug to market in light of the existing federal prohibitions on licensing. The Commissioner answered equivocally, stating “It depends.” He later acknowledged that these restrictions have led many “companies [to] go overseas to conduct research with foreign-grown product that is more easily sourced for the purposes of clinical trials.”
The longstanding federal prohibition on privately licensed cannabis producers exists despite a 2007 ruling by the DEA’s own administrative law judge striking down the ban as not “in the public interest.” Although that ruling ordered DEA to lift the ban, the agency failed to do so.
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