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Law Legislative Updates May 2017

momofthegoons

Vapor Accessory Addict
Staff member
Weekly Legislative Update 5/13/17

Welcome to this week’s edition of the NORML legislative roundup!

So much to talk about this week, so let’s start with our favorite villain, Attorney General Jeff Sessions. This week, Sessions superseded the 2010 Holder Memo, regarding DOJ’s policy on charging and sentencing decisions – establishing what I like to now refer to as The Sessions Doctrine, in which he directed the the thousands of assistant U.S. attorneys to pursue “the most serious offenses are those that carry the most substantial guidelines sentence, including mandatory minimum sentences.”

NPR reports:

Holder had asked prosecutors to avoid slapping nonviolent drug offenders with crimes that carried mandatory minimum sentences, practices that, as NPR’s Tamara Keith explains, “give judges and prosecutors little discretion over the length of a prison term if a suspect is convicted.” Holder’s recommendation had been aimed partly at helping reduce burgeoning prison populations in the U.S.

Now, if prosecutors wish to pursue lesser charges for these low-level crimes, they will need to obtain approval for the exception from a U.S. attorney, assistant attorney general or another supervisor.

This is yet another clear example of the Trump administrations escalation the failed War on Drugs.

On a much brighter note, things moved quite a bit at the state level in 3 key battles.

Delaware: Members of the House Revenue and Finance Committee voted 7 to 2 on May 10 to move HB 110 to the House floor. Because the measure seeks to amend criminal penalties, it requires a two-thirds majority from House members to move to the Senate for further consideration. The vote marks the first time the “1st State” that lawmakers have ever approved legislation seeking to legalize and regulate the adult use marijuana market.

New Hampshire: Members of the Senate on May 11 voted 17 to 6 in favor of HB 640, to decriminalize marijuana in “The Granite State.” Because the Senate amended the bill’s language, it must return to the House for a concurrence vote, where it is expected to easily pass. Once reconciled, the bill goes to Governor Sununu, who has time and again affirmed his support for decriminalization.

Vermont: S. 22, to eliminate civil and criminal penalties specific to the possession and cultivation of personal use quantities of marijuana by adults has been passed by the Vermont legislature.

If not vetoed by the Governor, the measure would legalize the possession of up to an ounce of marijuana, and the cultivation of two mature marijuana and four immature plants in a private residence.

Vermont would become the first state to completely depenalize the simple possession and cultivation of marijuana by the legislative process, thus breaking a stigma for legislators throughout the country.

Unfortunately, in Texas, while we saw historic process to both establish a medical marijuana program and decriminalize the plant in the state, our efforts came up short this year as the deadline for floor votes came and past on Thursday.

Texas NORML organized in a heroic fashion and I must give a special shoutout to their Executive Director Jax Finkel for all of her hard work and diligence. Never has the Lone Star state been so close on moving sane marijuana reform policy forward and we will now must build upon the tremendous momentum generated this year to achieve victories in the next legislative session. You can support Texas NORML’s work by clicking here.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act 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 at the federal level.

Thanks for all you do and keep fighting,
Justin

Priority Alerts

Federal
Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the newly created Congressional Cannabis Caucus

Delaware
House floor vote pending for marijuana legalization legislation, HB 110. The measure establishes a regulated commercial market for cannabis cultivation and retail sales, but does not permit unlicensed, home cultivation.

DE resident? Click here to send a message to your elected officials to support legalization!

New Hampshire
Decriminalization legislation is on its way to the Governor.

NH resident? Send him a note thanking him for his support.

Vermont
Legislation to eliminate adult use marijuana penalties and study legalization sent to Governor.

VT resident? Send a message to Gov. Scott now and call his office at (802) 828-3333

Other Actions to Take

Alaska
State officials in Alaska are considering legislation, HJR 21, to urge the federal government to restrain from interfering in state marijuana laws.

HJR 21 urges the current Administration to respect previous federal arrangements in regard to state laws and to continue a policy of allowing legalized states autonomy.

The bill points to several reasons that Alaska would be harmed by a federal crackdown, ranging from economic ramifications to the confusion of law enforcement officers; federal enforcement would ultimately have negative results.

AK resident? Click here to urge your lawmakers to stand up for Alaskans.

California
Legislation is pending, Assembly Bill 1578, to try and limit potential federal interference in the state’s marijuana regulatory laws.

The bill states, “This bill would prohibit a state or local agency, as defined, from taking certain actions without a court order signed by a judge, including using agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, or arrest a person for commercial or noncommercial marijuana or medical cannabis activity that is authorized by law in the State of California and transferring an individual to federal law enforcement authorities for purposes of marijuana enforcement.”

The majority of Californians desire a legally regulated marijuana market. Passage of this act will limit state or local agencies from working with the federal government to undermine these regulations.

Update: Read third time and amended on May 8. Ordered to third reading.

CA resident? Click here to urge your lawmakers to protect legal marijuana in your state.

Hawaii
Legislation to expand Hawaii’s medical cannabis program has passed both legislative chambers.

The bill expands the number of qualifying conditions eligible to receive cannabis therapy to include: lupus, epilepsy, multiple sclerosis, arthritis, and autism. It also permits patients’ caregivers to engage in medical cannabis cultivation, among other changes.

HI resident? Click here to send a message to the Governor urging them to sign the legislation.

New Jersey
New Jersey Governor Chris Christie recently made public statements calling the notion of regulating adult marijuana use “beyond stupidity.”

Yet, according to a 2015 Rutgers-Eagleton poll, nearly six in ten New Jersey adults support “legalizing, taxing, and regulating marijuana for adults 21 and over.” Similar percentages of voters through the country also endorse legalization.

NJ resident? Click here to help us educate the Governor and his staff to the facts on marijuana.
 
Weekly Legislative Update 5/20/17

Welcome to this week’s edition of the NORML legislative roundup!

This year, it seems that multiple states are vying for the honor of becoming the first state to legalize marijuana through the legislative process and four of them had movement this week. Ranked most-to-least likely, here is the action we saw in the last 7 days:

Vermont: S. 22, to eliminate civil and criminal penalties specific to the possession and cultivation of personal use quantities of marijuana by adults has been transmitted to Governor Phil Scott.

If signed or simply ignored, (aka not vetoed by the Governor), the measure will legalize the possession of up to an ounce of marijuana, and the cultivation of two mature marijuana and four immature plants in a private residence beginning July 1, 2018. The Act will become law in lieu of action by the Governor Wednesday due to the procedural processes of the Vermont.

Connecticut (tied for 2nd): Senate and House Democrats are lobbying for provisions to permit the retail sale of marijuana to adults as a way to address the state’s estimated $5 billion budget gap. The proposal would initially permit state-licensed dispensaries to sell cannabis to non-patients, and then establish regulations to oversee the establishment of commercial producers and retailers.

The proposed plan is estimated to yield about $60 million in additional revenue for the state next fiscal year, and $180 million by 2018-19.

Rhode Island (tied for 2nd): Members of the House Judiciary Committee unanimously advanced H. 5551 to create a study commission on May 17, but failed to call H. 5555 The Adult Use of Cannabis Act for a vote. The study bill now awaits action on the House floor while H. 5555 is likely dead for this session. Yet several lawmakers are now working on a compromise approach which would enact several provisions of legalization similar to Vermont this year and then let decisions on issues like edibles, product testing, business licensing and local opt-out be triggered by a study commission’s recommendations.

New Jersey (distant 4th): Legislation has been introduced by State Sen. Nicholas Scutari to legalize and regulate the adult use, production, and retail sale of marijuana. Yet in his last year as Governor, Chris Christie has made it clear that he will not sign such legislation, however it does position the Garden State well to pass legalization next year as Gov. Christie is term-limited out.

At the Federal level, in the House, Representatives Mike Coffman (R-CO) and Diana DeGette (D-CO) have introduced The Respect States and Citizens’ Rights Act of 2017, HR 2528, which would protect states that have ended prohibition at the state level from federal interference. This bill is substantially similar to that of HR 965, the bipartisan Respect State Marijuana Laws Act introduced by Rep. Dana Rohrabacher (R-CA).

Additionally, the bipartisan Senate version of the SAFE Banking Act was introduced to allow marijuana businesses access to basic banking services.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act 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 at the federal level.

Thanks for all you do and keep fighting,
Justin

Priority Alerts

Federal
Respect State Marijuana Laws: On May 18, Representatives Mike Coffman (R-CO) and Diane DeGette (D-CO) introduced HR 2528, The Respect States and Citizens’ Rights Act of 2017.

Click here to send your member of Congress a message to support the bill.

Bank Safely: Currently, banks face the threat of federal sanction for working with marijuana-related businesses and entrepreneurs. The SAFE Banking Act (Secure and Fair Enforcement Banking Act) would extend protections to banks from the federal government, thus allowing responsible businesses access to basic banking services.

Click here to send both your Senators and Representative a message to support these measures.

Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the Congressional Cannabis Caucus

Connecticut
Senate and House Democrats are lobbying for provisions to permit the retail sale of marijuana to adults as a way to address the state’s estimated $5 billion budget gap.

CT resident? Click here to send a message to your lawmakers in support of legalization.

Nevada
Senate legislation is pending, SB 236, introduced by Sen. Tick Segerblom to regulate the social use of cannabis.

The measure allows select businesses to apply for licensing to permit adult marijuana use on their premises. It would also allow event organizers to seek permits to allow adult use at specific events.

Update: SB236 passed out of the Assembly Government Operations Committee on May 16.

NV resident? Click here to send a message to your lawmakers in support of marijuana social clubs.

New Jersey
Legislation has been introduced by State Sen. Nicholas Scutari to legalize and regulate the adult use, production, and retail sale of marijuana.

According to a 2015 Rutgers-Eagleton poll, nearly six in ten New Jersey adults support “legalizing, taxing, and regulating marijuana for adults 21 and over.” Similar percentages of voters through the country also endorse legalization.

NJ resident? Click here in support of legalization in the Garden State

Rhode Island
Several lawmakers are now working on a compromise approach which would enact several provisions of legalization similar to Vermont this year and then let decisions on issues like edibles, product testing, business licensing and local opt-out be triggered by a study commission’s recommendations.

RI resident? Click here to send a message to your lawmakers in support of legalization

Vermont
S. 22, to completely depenalize marijuana, was transmitted to the Governor on May 18. Governor Phil Scott has until the end of Wednesday May 24 to either sign or veto the legislation, and should he not act, the bill will go into effect by default.

VT resident? Click here to send a message to Governor Scott in support of legalization

Other Actions to Take

Delaware
Senate Bill 24 has been introduced by Senate Majority Leader Margaret Rose Henry to make it easier for those suffering from PTSD to obtain their medicine.



DE resident? Click here to send a message to your lawmakers in support of those with PTSD

New York
A pair of bills are pending in the Senate to expand patients’ access to medical cannabis.

Senate Bill 6092 expands the pool of patients eligible for medical cannabis access to include those with Alzheimer’s disease, lupus, rheumatoid arthritis and a number of other debilitating diseases. It also removes arbitrary caps imposed on the amount of THC permitted in oral products.

Senate Bill 6308 allows for additional cannabis providers to operate in the state in order to improve patients’ access.

NY resident? Click here to express your support for these measures to your lawmakers.






 

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