Friday, 12 April 2019

Report: Adult Use Legalization Associated With Increased Home Values

Marijuana and MoneyThe passage of statewide adult use marijuana laws is associated with an immediate uptick in housing prices, according to an assessment published by the online service Clever Real Estate.

The study determined: “States that legalize recreational cannabis see an immediate bump in home values following legalization, even without retail dispensaries opening up. From 2017 to 2019, cities where recreational marijuana is legal saw home values increase $6,337 more than cities where marijuana is illegal” after controlling for potential confounders.

Cities that regulated retail marijuana facilities experienced an even greater increase in overall home prices.

By contrast, the study did not identify a similar significant increase in home prices in cities where only medical cannabis was legally regulated.

Regarding crime rates following the passage of legalization, the study failed to identify any overall trends in legal states that significantly differed from the national average. “The crime rate increases in Washington and Colorado are consistent with nationwide violent crime trends since 2014. … Using Colorado and Washington as case studies, it’s clear that the market benefits from marijuana legalization outweigh the potential costs in terms of home values,” the study’s author concluded.

The report’s findings are consistent with those of prior studies, such as those here and here.

Full text of the study, “How Legalizing Recreational Marijuana Impacts Home Values,” appears online here.

Recap: Medical Cannabis Hearing Held at the Texas State Capitol

Many Texans spent a long day at the Capitol to offer thoughtful and powerful testimony on the seven bill addressing medical cannabis, including our priority legislation HB 1365 authored by Rep Eddie Lucio III. The Subcommittee heard from pain specialists, Rice’s Baker Institute, Republican Liberty Caucus of Texas, Republicans Against Marijuana Prohibition, and more – all in support of medical freedom for Texas patients. Patients and caregivers passionately shared their personal experiences.

Ask your Representative to coauthor HB 1365 today!

Texas NORML Executive Director, Jax Finkel, submitted the testimony of over a hundred of our fellow Texans to the members of the Subcommittee. It was our honor to bring the voices of those that could not attend into the hearing room.

Make a donation to support our work at the legislature!

Right now, we have strong bipartisan support for reform in the Texas Legislature and a record setting number of bills have been introduced for consideration. There’s a very small window to make this happen before the session ends in May. It will take all of us doing this important work to get across the finish line!

Now that the Medical Marijuana Subcommittee has heard HB 1365, what happens next?In the Texas Legislature, committees tend to leave bills pending after the hearing. They will typically vote on bills in batches. This means that it can take about 2 weeks for a bill to be voted on, though this can vary. This means that we can expect a vote on HB 1365 in the near future. Once the committee votes, they will issue a report on the bill that will be distributed to every member in the chamber. When HB 1365 progresses, it will be sent to Committee on Calendars to be place on the floor calendar. Learn more about the process.

What can you do to help today?

Representative Eddie Lucio III has expressed the need for Texans to reach out the their Representatives and ask them to support HB 1365. Ask your Representative to coauthor HB 1365 today! This will help continue to solidify the strong bipartisan support as the bill progresses.

Next Steps…

Please consider making a donation to our legislative crowd funding campaign.

View pictures from the hearing.

Marijuana policy should be evidence based. Help dispel the myths with NORML’s Fact SheetsFor more information follow Texas NORML on Facebook, Twitter, and visit their website!

 

Thursday, 11 April 2019

New York City: Lawmakers Advance Bills Limiting Drug Testing for Cannabis as a Condition of Employment, Probation

Members of the New York City Council approved a pair of municipal bills this week limiting situations where those seeking employment or on probation may be drug tested for the past use of cannabis.

Council members overwhelmingly voted in favor of a municipal proposal (No.1445) barring employers from drug testing certain job applicants for the presence of marijuana.

The proposal states, “[I]t shall be an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof to require a prospective employee to submit to testing for the presence of any tetrahydrocannabinols or marijuana in such prospective employee’s system as a condition of employment.” Council members passed the bill by a vote of 40 to 4.

Under the plan, employees seeking certain safety sensitive positions – such as police officers or commercial drivers – or those positions regulated by federal drug testing guidelines, would be exempt from the municipal law.

The measure now awaits final approval from City Mayor Bill DeBlasio. The new rules would take effect one-year after being signed into law.

Studies have identified the presence of the inert carboxy-THC metabolite in the urine of former marijuana consumers for periods of several months following their last exposure.

Council members also advanced separate legislation (No. 1427) to the Mayor’s office limiting situations in which persons on probation may be drug tested. Once signed, the new rules will take immediate effect.

A resolution (Res. 641) calling on the New York City officials to expunge the records of all city misdemeanor marijuana convictions is pending. New York City police made over 78,000 marijuana possession arrests between the years 2014 and 2017.

Wednesday, 10 April 2019

States Enact Legislation Facilitating Expungement For Low-Level Crimes

Governors in two western states have signed legislation into law to facilitate the process of permitting those past criminal convictions to have their records expunged.

In Utah, Republican Gov. Gary Herbert signed House Bill 431: The Clean Slate Act into law. The measure creates a process for the automatic expungement and deletion of certain criminal convictions, including misdemeanor convictions for the possession of a controlled substance.

To be eligible for automatic expungement, one must have completed their sentence and possess no subsequent convictions for a period of five years. According to reporting by the Salt Lake City Tribune, Utah will become only the second state in the nation to enact such a broad automatic expungement policy.

The new law takes effect on May 1, 2020.

In New Mexico, Democratic Gov. Michelle Lujan Grisham signed into law House Bill 370, The Criminal Record Expungement Act. The Act permits those convicted of certain violations, misdemeanors, or felonies – following the completion of their sentence and payment of applicable fines – to petition the court for an order to expunge arrest records and public records related to that conviction. Those seeking to vacate misdemeanor convictions must wait two years following the completion of their sentence, and have no subsequent convictions, prior to seeking expungement. Those with felony convictions must wait six-years prior to petitioning the court.

The new law takes effect on January 1, 2020.

For information about additional pending legislation, visit NORML’s Action Center here.

Friday, 5 April 2019

Weekly Legislative Roundup 4/5/19

NORML's Legislative US MapWelcome to the latest edition of NORML’s Weekly Legislative Roundup!

U.S. Senators Elizabeth Warren (D-MA) and Cory Gardner (R-CO), along with Representatives David Joyce (R-OH) and Earl Blumenauer (D-OR), have reintroduced The STATES Act of 2019. This Act amends the Controlled Substances Act to reduce the number of instances in which federal law enforcement agencies could carry out legal actions against state-licensed cannabis businesses or other related enterprises.

Governor Gary Herbert (R) of Utah signed legislation into law to allow those with certain misdemeanor cannabis convictions to have their records automatically expunged.

Governor Michelle Lujan Grisham (D) of New Mexico signed cannabis decriminalization legislation into law. She also signed bills to allow medical cannabis to be administered to patients while at school, and a broader medical expansion bill that adds several new qualifying conditions and patient protections.

Governor Jared Polis (D) of Colorado signed legislation into law to add autism as a medical cannabis qualifying condition.

Governor Leon Guerrero (D) of Guam signed cannabis legalization legislation into law.

Governor Janet Mills (D) of Maine signed legislation into law to allow the production and retail sale of hemp-derived CBD products.

Governors Doug Burgum (R) of North Dakota and Henry McMaster (R) of South Carolina signed industrial hemp production legislation into law.

An Arkansas House committee defeated a decriminalization bill this week to send it to study.

Six municipalities in Wisconsin voted on non-binding marijuana related ballot questions, with 5 out of 6 passing. Wood County approved a medical cannabis question, but rejected an adult use tax and regulate question.

At a more local level, prosecutors in Los Angeles and San Joaquin Counties, California announced that they’ll begin a process to automatically expunge approximately 54,000 prior cannabis conviction records.

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 661, to amend marijuana possession penalties.

The measure would remove the threat of jail time as a penalty for first time offenders for the possession of up to four ounces of marijuana and reduces the maximum fine from $2,500 to $1,000.

Update: SB 661 was heard in the Senate Judiciary Committee on 4/5/19.

AR resident? Click here to email your lawmakers in support of first-time penalty reductions

California

Legislation is pending, AB 286, to temporarily reduce tax rates imposed on the retail sale and commercial cultivation of cannabis.

Update: AB 286 will be heard by the Assembly Business And Professions Committee on 4/9/19 at 9:30am in State Capitol Room 4202.

CA resident? Click here to email your lawmakers in support of reducing tax rates

Legislation is pending, AB 1530, to give local governments the ability to restrict or ban cannabis deliveries made into their jurisdictional boundaries by state-licensed delivery services.

Update: AB 1530 will be heard by the Assembly Business And Professions Committee on 4/9/19 at 9:30am in State Capitol Room 4202.

CA resident? Click here to email your lawmakers in opposition to restricting delivery services

Legislation has been reintroduced from last year, Senate Bill 34, which would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

Update: SB 34 was approved by the Senate Business, Professions and Economic Development Committee on 4/3/19.

CA resident? Click here to email your lawmakers in support of compassionate care programs

Legislation is pending, Senate Bill 305, to permit qualified patients the ability to access medical cannabis preparations while in health care facilities.

Update: SB 305 is scheduled for a hearing in the Senate Committee on Health on 4/10/19.

CA resident? Click here to email your lawmakers in support of expanded medical access

Colorado

Legislation is pending, House Bill 19-1230, to allow the social consumption of cannabis by adults in licensed and regulated establishments.

Update: HB 19-1230 was approved by the House Committee on Business Affairs & Labor on 4/2/19.

CO resident? Click here to email your lawmakers in support of social consumption

Connecticut

House Bill 7371 would establish a regulatory framework for the licensed retail sale of adult-use marijuana.

Update: HB 7371 is scheduled for consideration by the Office of Legislative Research and Office of Fiscal Analysis on 4/9/19 at 5pm.

CT resident? Click here to email your lawmakers in support of legalization

Delaware

Senate Bill 24 would give doctors the discretion to recommend medical cannabis to any patient whom they believe will benefit from its therapeutic use. It would also remove the requirement that only certain specialists may certify the use of medical cannabis for those under 18.

Update: SB 24 is scheduled for a hearing in the Senate Health and Social Services Committee on 4/10/19.

DE resident? Click here to email your lawmakers in support of letting doctors, not politicians, decide

Senate Bill 59 would expand the pool of medical professionals who are eligible to recommend medical cannabis by permitting physician assistants and nurse practitioners to issue recommendations to their patients.

Update: SB 59 is scheduled for a hearing in the Senate Health and Social Services Committee on 4/10/19.

Send a DE resident? Click here to email your lawmakers in support of medical expansion

Senate Bill 45 would amend certain marijuana penalties for juvenile offenders.

Under state law, adults face civil penalties for minor marijuana possession offenses. Senate Bill 45 would make this policy consistent for juvenile offenders.

Update: SB 59 is scheduled for a hearing in the Senate Health and Social Services Committee on 4/10/19.

DE resident? Click here to email your lawmakers in support of amending juvenile penalties

Senate Bill 37 would reform the expungement processes for individuals convicted of non-violent marijuana-related offenses.

If enacted, the bill would expand the pool of those eligible to seek expungement to include those convicted of a single misdemeanor or felony charge related to marijuana.

DE resident? Click here to email your lawmakers in support of expungement

Florida

Legislation has been approved by members of the House Health and Human Services Committee to arbitrarily cap the potency of cannabis flowers at ten percent THC.

FL resident? Click here to email your lawmakers in opposition to capping THC levels

Legislation is pending, H. 333, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: H. 333 was unanimously approved by the Agriculture and Natural Resources Appropriations Subcommittee on 4/2.

FL 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 measure would protect registered medical cannabis patients from employment discrimination by prohibiting employers from arbitrarily discriminating against employees who legally consume medical cannabis off-the-job in accordance with state law.

Update: HB 673 was approved by the Senate Committees on Judiciary and Ways and Means on 4/3/19 with amendments.

HI resident? Click here to email your lawmakers in support of medical expansion

Idaho

Legislation is pending, House Bill 122, to establish an industrial hemp program to be in compliance with the new federal hemp regulations.

Update: H.122 was approved by the Senate on 4/1, and will now be transmitted back to the House for concurrence.

ID resident? Click here to email your governor in support of industrial hemp production

Illinois

Senate Bill 7 is pending, a placeholder bill for the legalization and regulation of marijuana for adults.

Update: SB 7 was approved by the Senate Executive Committee on 4/3/19.

IL resident? Click here to email your lawmakers in support of legalization

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 on 4/1/19, and will now be transmitted to the House.

IA resident? Click here to email your lawmakers in support of penalty reductions

HF 732 would remove the cap on allowable THC, and allow physicians assistants and advanced registered nurses to recommend medical cannabis to patients.

Update: HF 732 was approved by a Judiciary Subcommittee on 4/1/19, then approved by the full committee on 4/4. The bill was amended to remove the provision lifting the THC cap on medical CBD.

IA resident? Click here to email your lawmakers in support of medical expansion, and in opposition to this amendment

Legislation is pending, HF 754 and SF 599, to establish an industrial hemp program to be in compliance with the new federal hemp regulations.

Update: HF 754 was heard in the House Appropriations Committee on 4/4/19.

IA resident? Click here to email your lawmakers in support of industrial hemp production

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 heard by the House Agriculture and Rural Development Committee on 4/2/19.

IN resident? Click here to email your lawmakers in support of industrial hemp production

Maine

Legislation is pending, LD 1402 (HP 1017), which seeks to facilitate banks and other financial institutions to safely conduct transactions with licensed marijuana businesses.

The measure would allow “state-chartered credit unions to procure private insurance in lieu of share insurance from the National Credit Union Administration to facilitate the provision of financial services to registered dispensaries or registered caregivers.”

ME resident? Click here to email your lawmakers in support of banking access

Montana

Legislation is pending, Senate Bill 176, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Senate Bill 177 also modifies industrial hemp provisions, such as removing the requirement for a criminal background check prior to obtaining a license to grow the plant.

Update: SB 176 is scheduled for a hearing in the House Appropriations Committee on 4/8/19 at 3pm in room 102. SB 177 was approved by the House and now heads to the governor’s desk.

MT resident? Click here to email your lawmakers in support of industrial hemp production

Nevada

Legislation is pending, AB 409, to allow the social consumption of cannabis by adults in licensed and regulated establishments.

NV resident? Click here to email your lawmakers in support of social consumption

Legislation is pending, SB 430, that would expand the pool of individuals eligible for medical cannabis.

The measure would permit physicians to recommend cannabis therapy to those diagnosed with anxiety, autism, opioid addiction or dependence, anorexia nervosa, among others.

NV resident? Click here to email your lawmakers in support of medical expansion

New Hampshire

Legislation is pending, House Bill 481, to allow for the use, possession, and retail sale of marijuana by adults.

Update: HB 481 was approved by the House Ways and Means Committee on 4/4/19, and now heads to the Senate.

NH resident? Click here to email your senators in support of legalization

New York

S.4117 would prohibit the eviction of tenants for using medical marijuana for a certified medical use.

Update: S.4117 was approved by the Senate on 4/1/19, and will now be transmitted to the Assembly.

NY resident? Click here to email your lawmakers in support of housing protections

North Carolina

Legislation is pending, Senate Bill 168, to expand the state’s medical CBD exemption law.

The measure expands the pool of individuals eligible for a medical CBD exemption to include those diagnosed with autism, multiple sclerosis, Crohn’s disease, and Mitochondrial disease.

Update: S168 was heard and approved by the Senate Judiciary Committee on 4/3/19.

NC resident? Click here to email your lawmakers in support of expanded CBD exemption

North Dakota

Senate legislators have revived marijuana decriminalization efforts by attaching an amendment to House Bill 1050. The amendment, which was approved in the Senate’s version of the bill, reduces the penalty for possessing up to a half-ounce of marijuana from a misdemeanor offense, punishable by up to 30 days in jail and a maximum fine of $1,500 to a noncriminal fine of $250.

Update: HB 1050 was approved by the Senate on 4/4/19, and will now be transmitted back to the House for concurrence on the amendment.

ND resident? Click here to email your lawmakers in support of decriminalization

House Bill 1417 allows physicians to explicitly authorize patients diagnosed with cancer to legally possess greater quantities of cannabis than are generally allowed under the law.

Separately, 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.

A third measure, House Bill 1283, would allow physicians assistants to recommend medical cannabis to their patients.

And a separate measure, House Bill 1364, would permit edible medical cannabis products, as long as they do not appeal to minors.

Update: The House and Senate disagreed on amendments to HB 1417 and HB 1519, so the bills now go to a conference committee for reconciliation. HB 1364 failed to pass the Senate with the needed 2/3 majority, killing the bill.

ND resident? Click here to email your lawmakers in support of medical expansion

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: HB 2614 is scheduled for a hearing in the Senate Committee On Health And Human Services on 4/8/19.

OK resident? Click here to email your lawmakers in support of reduced penalties

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: SB 868 was approved by the House Agriculture and Rural Development Committee on 4/1, and HB 2628 was approved by the Senate Committee On Agriculture & Wildlife on 4/1.

OK resident? Click here to email your lawmakers in support of industrial hemp production

Oregon

Legislation is pending, House Bill 2655 / Senate Bill 379, to protect responsible adult cannabis consumers from employment discrimination.

Update: SB 379 is scheduled for a work session in the Senate Judiciary Committee on 4/8/19 at 8am.

OR resident? Click here to email your lawmakers in support of employment protections

Pennsylvania

Legislation is pending, Senate Bill 465, to establish the Cannabis Banking Commission to develop strategies to encourage and facilitate banks and other financial institutions to safely conduct transactions with licensed marijuana businesses.

PA resident? Click here to email your lawmakers in support of banking access

South Carolina

H. 3660 / S. 366: The South Carolina Compassionate Care Act, would regulate medical cannabis distribution and access, but it prohibits the inhalation or smoking of herbal medical cannabis.

Update: S. 366 is scheduled for a hearing in the Senate Committee on Medical Affairs on 4/11/19.

SC resident? Click here to email your lawmakers in support of medical cannabis access

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 was approved by the House on 3/28, and will now be transmitted to the Governor.

TN resident? Click here to email your governor in support of industrial hemp production

Vermont

S. 54 is pending to establish a regulatory framework for the regulation of a commercial, adult use marijuana market.

Update: S. 54 was heard by the House Committee on Government Operations every day the committee met this week.

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 heard in the House Committee on Appropriations on 4/5/19 at 1:30pm.

WA resident? Click here to email your lawmakers in support of vacating past records

Legislation is pending, House Bill 1095 / Senate Bill 5442, to allow medical cannabis to be administered to patients at school.

Update: HB 1095 was approved by the Senate Committee on Early Learning & K-12 Education on 4/1.

WA resident? Click here to email your lawmakers in support of allowing medical cannabis in schools

Georgia: Lawmakers Advance Bill To Regulate Low-THC Oil Production

House and Senate lawmakers have approved legislation, House Bill 324, to regulate the production and dispensing of low-THC oil extracts to qualified patients. Republican Gov. Brian Kemp has stated that he intends to sign the bill into law.

The measure amends existing law to provide for the licensed in-state “production, manufacturing, and dispensing” of products possessing specified quantities of plant-derived THC. Under the law, low-THC formulations may include oils (in quantities not to exceed 20 fluid ounces), tinctures, or capsules, but may not include THC-infused foods. Commercial cultivation and production licenses may be provided to both private entities and universities. Qualified patients will be required to possess a state-issued registration card in order to legally access low-THC products.

The measure creates a ‘Georgia Access to Medical Cannabis Commission’ to establish rules governing to licensed distribution of approved THC products.

The legislation resolves, “Low THC oil can offer significant medical benefits to patients.”

Under existing law, qualified patients are exempt from criminal prosecution for the possession of oil extracts containing not more than 5 percent THC and an amount of CBD equal to or greater than the amount of THC. Over 8,000 patients are currently registered with the state to possess medical cannabis products.

To learn more about this legislation or other pending reform efforts, visit NORML’s Legislative Action Center here.

Thursday, 4 April 2019

New Mexico: Governor Signs Law Decriminalizing Minor Marijuana Possession

Democratic Gov. Michelle Lujan Grisham has signed legislation into law decriminalizing the possession of personal use amounts of cannabis.

Senate Bill 323, which takes effect on July 1, 2019, reduces first-time penalties for the possession of up to one-half ounce of cannabis from a criminal misdemeanor — punishable by up to 15 days in jail — to a ‘penalty assessment,’ punishable by a $50 fine. Subsequent offenses, or in situations where the defendant possesses greater amounts of marijuana, will remain punishable by the possibility of jail time.

Police in New Mexico made over 3,600 marijuana possession arrests in 2016.

Twenty-three states and the District of Columbia have either legalized or decriminalized the adult possession and use of marijuana.