The movement of the MMJ / MJ toward acceptance is
Post# of 3552
Posted On: 04/13/2015 2:02:15 PM
The movement of the MMJ / MJ toward acceptance is moving forward nicely as demonstrated by this post originally by RayinBrookland from the HUB. GLTA
Good Morning, IJJP Investors:
Looking for an exciting (and profitable) week here for stocks in the medical marijuana sector as robust legislative reform continues in the effort to legalize medical marijuana. These reforms will have a direct and consequential impact on companies listed on the OTC Markets that are engaged in enterprises within this growing sector.
Currently, 23 states and the District of Columbia have passed laws dealing with medical marijuana. The laws vary from state to state and offer differing levels of protections to users of medical marijuana. Based on the recent trends of legalization of recreational marijuana in Colorado, Washington, Oregon and Alaska (District of Columbia still requires Congressional approval) the likelihood that employers will be forced to deal with employees using medical marijuana and/or recreational marijuana is on the rise. Such use raises many potential employment concerns such as the potential impact on drug testing policies, whether employers need to accommodate medical marijuana use and whether employers can or should discipline employees for use of medical marijuana.
Other pending legislation is substantive in both its quantity and the quality of the reform being proposed; these efforts are listed below:
Laws - Advocacy Campaigns
1. Idaho: CBD Oil Measure Sent to Governor
House and Senate lawmakers have approved legislation,
Senate Bill 1146, authorizing the possession of cannabis extracts containing at least 15 percent cannabidiol and no more than .03 percent THC. The measure now awaits action from the Governor.
As approved by lawmakers, the measure permits the possession and use of CBD oils for minors with intractable seizure disorders. Parents must possess a written authorization from a licensed physician and may possess no more than 32 fluid ounces of oil at one time. The ratio of CBD to THC present in the oil must also be verified by an independent laboratory.
The proposal does not establish for an in state supply source for CBD extracted oils.
In 2014, eleven states enacted similar legislation; though as of yet none of these measures have been implemented in a manner that sufficiently provides patient access to these therapies.
2. Alabama: Comprehensive Medical Marijuana Legislation Introduced
Comprehensive legislation is pending in the state Senate, Committee on Judiciary, to protect qualified patients who consume cannabis and to provide for the state-licensed production and distribution of the plant.
Senate Bill 326, The Alabama Medical Marijuana Patient Safe Access Act, authorizes the possession, production, and distribution of medical marijuana to qualified patients. Under this measure, qualified patients are permitted to possess between 8 and 12 ounces of herbal cannabis and/or cultivate between 8 and 12 plants. The bill also seeks to establish regulations governing the dispensing of medical cannabis in state-licensed facilities.
In December, Congress and the President approved spending legislation containing a provision stating, "None of the funds made available in this act to the Department of Justice may be used ... to prevent ... states ... from implementing their own state laws that authorize the use, distribution, possession, or cultivation of medical marijuana." The Alabama Medical Marijuana Patient Safe Access Act is written to comport with this provision.
Twenty-three states and the District of Columbia have enacted statewide provisions allowing patients access to cannabis therapy. Alabama patients deserve these same protections.
3. California: Stop Denying Medical Marijuana Patients Organ Transplants Legislation is pending in the California Assembly, AB 258, to allow medical marijuana patients to receive organ transplants.
On Tuesday, April 7, members of the Assembly Health Committee voted 13 to 3 in favor of this measure. Hospitals frequently deny patients from receiving organ transplants solely based on their status as medicinal marijuana consumers. Assembly Bill 258 reads, “A hospital, physician and surgeon, procurement organization, or other person shall not determine the ultimate recipient of an anatomical gift based solely upon a potential recipient’s status as a qualified patient, as defined in Section 711362.7, or based solely upon a positive test for the use of medical marijuana by a potential recipient who is a qualified patient.”
Passage of AB 258 ends discriminatory practices facing medical marijuana patients.
4. North Dakota: Governor Signs Bill Amending Hemp Law
Republican Governor Jack Dalrymple on March 26 signed legislation into law expanding the state’s hemp cultivation program.
House Bill 1436 amends existing law by removing the requirement that state-licensed hemp growers must also be federally licensed by the Drug Enforcement Administration.
State lawmakers initially enacted legislation regulating hemp cultivation in 1999. However, the state had not issued licenses because the law made the issuance of such licenses contingent upon federal approval.
Last year, members of Congress approved language in the omnibus federal Farm Bill explicitly authorizing states to sponsor hemp research absent federal reclassification of the plant.
5. Georgia: Governor Intends To Sign Law Exempting Cannabis Oils
House and Senate lawmakers on Wednesday, March 25, approved legislation, House Bill 1, providing a legal exemption for qualified patients to possess cannabis-infused oils high in CBD content. Republican Governor Nathan Deal has publicly said that he will sign the measure into law and has ordered state regulators to begin preparing for its implementation.
The measure permits qualifying patients — those with cancer, Amyotrophic Lateral Sclerosis (ALS), seizure disorder, multiple sclerosis, Crohn’s disease, mitochondrial disease, Parkinson’s and sickle cell disease — to obtain a physicians authorization to possess up to 20 ounces of cannabis-infused oils. Under the law, these oil products must be dominant in cannabidiol (CBD) and possess no more than five percent THC.
The law does not provide for a legal, in state source of these oil products. Nor does it allow for patients to posses or grow herbal cannabis.
Some dozen states have enacted similar laws reclassifying CBD-dominant oil products under state law. To date, however, these laws have largely proven unworkable because they do not provide patients with in state access to the product.
6. New York: Legislation Pending to Address Minor Marijuana Possession Arrests
New York State Senator Daniel Squadron and Assembly Member Robert J. Rodriguez have reintroduced S. 137 & A. 6218, the “Fairness and Equity Act” ("FEA"
, a comprehensive piece of legislation that would expand the decriminalization of cannabis in New York State. Enacting the FEA would not only put an end to the racially biased practice of arresting mostly young men of color for criminal possession of cannabis, it would also establish a procedure for people previously convicted of certain cannabis crimes to vacate their judgments.
The collateral damage of being convicted of a cannabis crime can be life altering, including the loss of financial aid for students, exclusion from low income housing, deportation and adverse consequences for future employment. Under state law
, the possession of up to 25 grams of cannabis in private is a civil violation, punishable by a maximum of a $100 fine. By contrast, the possession of any amount of cannabis that is burning or in public view is classified as a criminal misdemeanor [NY State Penal Law 221.10]. The FEA would redefine criminal possession of cannabis to amounts greater than 25 grams.
In 2013, New York State spent between $36 million and $72 million arresting approximately 36,000 people for criminal possession of marijuana in the fifth degree. Many of these arrestees had marijuana on their person, and only revealed the cannabis publicly after being ordered by police to empty their pockets during 'stop-and-frisk' searches. According to the Governor's office, 94 percent of arrests for small amounts of marijuana in the state are in New York City. Over 85 percent of those charged were either African American or Latino.
The FEA is the next step in our fight to end cannabis prohibition in New York State. By further decriminalizing cannabis, we will be paving the way for other important legislation, such as the
Marihuana Regulation and Taxation Act. Please help us put greater checks and balances on unjust and discriminatory police practices throughout our state by further decriminalizing cannabis.
7. Louisiana: House Measure Seeks to Put Marijuana Legalization Question Before Voters
Legislation has been pre-filed in the House to place the issue of depenalizing marijuana on the electoral ballot.
House Bill 117, if enacted, would place the following question before voters: “Shall the possession, distribution, or dispensing of marijuana, tetrahydrocannabinols, or chemical derivatives thereof by persons twenty-one years of age or older no longer be a criminal offense in the state of Louisiana?"
The bill further states, “If a majority of the qualified electors of the election area voting on the proposition approve the proposition, then the possession, distribution, or dispensing of marijuana, tetrahydrocannabinols, or chemical derivatives thereof by persons twenty-one years of age or older shall no longer be a criminal offense subject to law subsequently enacted to provide for the regulation and taxation of marijuana sales.”
Louisiana presently imposes some of the harshest marijuana penalties in the nation. Annually, state and local police make nearly 14,000 marijuana possession arrests. Louisiana ranks #14 in the nation in per capita marijuana possession arrests.
8. Washington: Senate/House Measures to Permit Home Cultivation
Newly introduced legislation to allow adults to legally cultivate personal use amounts of marijuana is pending in the House and Senate.
Senate Bill 6083 permits adults to grow up to six plants per domicile.
House companion legislation, H 2196, is also pending.
“This bill is about consistency, congruency and especially, freedom” said Rep. Brian Blake, who is sponsoring the measure in the House. “Adults in our state can brew their own beer and make their own wine for personal consumption. Just like alcohol, marijuana can be used safely and responsibly, so it makes sense to allow adults to home grow their own if they want to.”
Previously introduced Senate language that sought to permit home cultivation is presently
tabled
9. New Jersey: Legislation Filed To Ease Medical Marijuana Access
Legislation is pending in the state Assembly and Senate to provide improved patient access to medicinal marijuana.
Assembly bill 3525(and its companion bill S 2312) amend the state’s medical marijuana program in a manner that is in accordance with patients’ needs.
Among other improvements, these measures would:
1) eliminate the physician registry;
2) expand qualifying conditions;
3) allow for limited home cultivation;
4) reduce fees for patients, caregivers and ATCs and eliminate the tax on medical marijuana;
5) include explicit employee workplace protections;
6) eliminate the two ounces per month limit;
7) allow patients to obtain medical marijuana from out of state if necessary and honor out-of-state ID cards;
permit any edible form of marijuana for any age and establish dosage units for all forms, and
9) forbid the DOH from issuing overly restrictive or unduly burdensome regulations for this law.
New Jersey’s medical marijuana program, in its present form, is
unworkable for patients, physicians, and providers. To date, only about one percent of state physicians take part in the program. Only three of the allotted six state dispensaries are operational. And fewer than 4,000 patients in a state of some 9 million people are participants.
Passage of these measures would improve patient access to medicinal cannabis and participation in New Jersey’s medical marijuana program.
10. Texas: Let Farmers Grow Industrial Hemp
House legislation, HB 557, is pending to permit licensed farmers to cultivate hemp for industrial purposes. On April 8, members of the House Committee on Agriculture & Livestock voted in favor of the measure, which now awaits further action.
Last year, members of Congress approved language in the omnibus federal Farm Bill explicitly authorizing states to sponsor hemp research absent federal reclassification of the plant. Presently, 21 states have enacted legislation permitting licensed hemp cultivation in a manner that is compliant with this statute.
11. Nevada: Let Farmers Grow Industrial Hemp
Senate legislation, SB 305, has been filed for the 2015 legislative session. The measure redefines industrial hemp as an agricultural crop and establishes licensing regulations for the plant’s cultivation
Last year, members of Congress approved language in the omnibus federal Farm Bill explicitly authorizing states to sponsor hemp research absent federal reclassification of the plant. Presently, 21 states have enacted legislation permitting licensed hemp cultivation in a manner that is compliant with this statute.
12. Nebraska: Treat Herbal and Ingestible Cannabis Equally
Lawmakers are considering legislation to decriminalize offenses involving the possession of marijuana edible products.
The measure, LD 189 equalizes penalties involving the possession of cannabis-infused ingestible products so that they mimic those presently in place for minor marijuana possession offenses - which are treated as noncriminal infractions for first time offenders.
Conversely, some lawmakers are also considering legislation,
LD 326to make the possession of any cannabis-ingestible product a felony offense.
13. Pennsylvania: Medical Marijuana, No Smoking Bill Pending
Legislation (Senate Bill 3) is pending in the Pennsylvania Senate to allow for qualified patients — including those with cancer, multiple sclerosis, epilepsy, PTSD, and other illnesses — to access medical cannabis and its preparations.
The proposal does not permit qualified patients to cultivate the plant, but it does establish regulations to allow for the state-licensed and dispensing of cannabis formulations.
While it is unquestionable that this measure is a step forward, SB 3, as presently written, fails to adequately meet some patients’ needs, particularly those with HIV and AIDS who are not presently covered under this legislation.
Additionally, oral preparations of cannabis such as edibles and oils possess delayed onset compared to inhaled herbal cannabis, making these preparations less suitable for patients desiring rapid symptomatic relief. Further, because of this delay in drug effect, patients consuming cannabinoids in this manner have a much more difficult time adequately regulating the substance’s dosing. Patients may wait well over an hour only to discover that they have taken an insufficient dose to provide effective relief. Or, conversely, they may discover that they have consumed a far greater dose than necessary – resulting in prolonged periods of dysphoria.
Finally, the oral administration of ingestible cannabis products is associated with significantly greater bioavailability than is inhalation – resulting in more pronounced variation in drug effect from dose to dose (even in cases where the dose is standardized). For these reasons, we would urge that lawmakers amend this language so that decisions regarding the types of medical cannabis formulations one may legally possess and the manner in which one chooses to administer it be left up to the patient.
Please feel free to use the pre-written letter below to express your support for medical marijuana access in Pennsylvania, but to also urge lawmakers to consider changes that would further expand patients’ access and choices.
The Pennsylvania legislature will be holding two public meetings on medical cannabis on March 24 (University of Pennsylvania, Philadelphia) and April 9 (Harrisburg.
14. Oregon: Senate Passes Measure To Vacate Past Marijuana Convictions
Senators have overwhelmingly passed legislation,
SB 364, permitting for the vacation of past marijuana convictions. The measure now awaits action from members of the Oregon House, Judiciary Committee.
Senate Bill 364 states, “When a person convicted of a marijuana offense based on conduct occurring before July 1, 2013, files a motion for a court order setting aside the conviction pursuant to ORS 137.225, the court shall consider the offense to be classified as under current law when determining if the person is eligible for the order.”
Past marijuana offenders should not be saddled with a criminal record for engaging in behavior that has been reclassified under state law. Please urge your House representative to support this measure.
15. Federal: Members of Congress Unveil Historic Bills to Revamp Medical Marijuana Policy
Legislation, Senate Bill 683: The Compassionate Access, Research Expansion, and Respect States (CARERS) Act, is pending in the US Senate to strengthen statewide medical marijuana protections and impose various changes to federal law. Identical companion legislation, HR 1538, is also pending in the US House of Representatives.
Passage of these measures permits qualified patients, doctors, and businesses to engage in state-sanctioned behavior involving the production, sale, or use of medical cannabis without fear of federal prosecution. The proposals reschedule marijuana at the federal level and remove the compound cannabidiol (CBD) from the Controlled Substances Act. Additional provisions would allow opportunities for financial institutions to legally provide services to medical marijuana businesses, permit VA doctors to authorize medical cannabis, and would remove existing federal barriers to clinical trial research.
16. New Hampshire: House Lawmakers Pass Legislation to Deschedule Hemp House lawmakers have approved legislation, HB 494, to remove industrial hemp from the state controlled substances act. The measure now awaits action from members of the Senate Judiciary Committee
Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed and other products. The crop is commercially cultivated throughout the world.
Last year, members of Congress approved language in the omnibus federal Farm Bill explicitly authorizing states to sponsor hemp research absent federal reclassification of the plant. Presently, 21 states have enacted legislation permitting licensed hemp cultivation in a manner that is compliant with this statute.
17. Utah: Senators Defeat Medical Marijuana Proposal By One Vote
Members of the Utah Senate narrowly defeated legislation (Senate Bill 259) to permit qualified patients -- including those diagnosed with cancer, epilepsy, Crohn’s disease and chronic pain -- to access medical cannabis and its preparations.
Although NORML expressed reservations about some provisions in this proposed measure (e.g., the bill did not allow patients to cultivate their own cannabis and strongly discouraged the possession of herbal preparations of the plant by outlawing marijuana smoking), we had hoped to see the bill amended, not rejected by lawmakers.
Statewide polls showed that over 70 percent of Utahns support safe access to medicinal cannabis. We hope that in the future, lawmakers will listen more closely to the will of their constituents.
18. Rhode Island: Marijuana Legalization Measures Introduced
Rhode Island lawmakers have introduced legislation in both chambers, Senate Bill 510 and House Bill 5777, to permit the personal cultivation and commercial retail sale of marijuana.
SB 510 and HB 5777, also known as The Marijuana Regulation, Control and Taxation Act of 2015, would regulate the commercial production and retail sale of marijuana to those over the age of 21.
Adults would be permitted to purchase and possess up to one ounce of marijuana. It also permits adults to cultivate up to two marijuana plants (no more than 1 mature) at home for non-commercial purposes.
Rhode Island is one of a growing number of states where lawmakers are considering regulating cannabis for adults. NORML will continue to update you in the coming weeks as this proposal moves forward.
Enter your zip code below to contact your state lawmakers and urge them to support Senate Bill 510 and House Bill 5777.
19. Iowa Medical Marijuana Bill Moves to Senate Floor
Members of the Iowa Senate Ways and Means Committee advanced
SSB 1243 on March, 26th, by a nine to five vote. The measure is now pending and awaiting action as Senate File 484.
The measure seeks to allow qualified patients — including those with cancer, multiple sclerosis, epilepsy, PTSD, and other illnesses — to access medical cannabis and its preparations.
The proposal does not permit qualified patients to cultivate the plant, but it does establish regulations to allow for the state-licensed and dispensing of cannabis. The first state-licensed dispensary must be operational by July 1, 2016.
The measure also prohibits qualified patients from consuming medical cannabis by “smoking” -- a provision that will likely promote the production of cannabis-infused edible products or oils, but may potentially limit patients access to herbal preparations of the plant. Separate provisions in the measure call on the state Department of Public Health to “establish the form and quantity of medical cannabis allowed to be dispensed to a patient” -- language that may further limit patients choices.
While it is unquestionable that this measure, even with its existing restrictions, is preferable over Iowa’s existing law (which permits patients to possess the compound cannabidiol but provides no in-state supply of the substance), SSB 1243, as initially written, it may fail to adequately meet some patients’ needs.
Specifically, oral preparations of cannabis such as edibles and oils possess delayed onset compared to inhaled herbal cannabis, making these preparations less suitable for patients desiring rapid symptomatic relief. Further, because of this delay in drug effect, patients consuming cannabinoids in this manner have a much more difficult time adequately regulating the substance’s dosing. Patients may wait well over an hour only to discover that they have taken an insufficient dose to provide effective relief. Or, conversely, they may discover that they have consumed a far greater dose than necessary – resulting in prolonged periods of dysphoria.
Finally, the oral administration of ingestible cannabis products is associated with significantly greater bioavailability than is inhalation – resulting in more pronounced variation in drug effect from dose to dose (even in cases where the dose is standardized). For these reasons, we would urge that lawmakers amend this language so that decisions regarding the types of medical cannabis formulations one may legally possess and the manner in which one chooses to administer it be left up to the patient.
20. Texas: Lawmaker to Debate Legislation To Strike Marijuana-Related Offenses From the Criminal Code
Republican David Simpson has filed legislation,
House Bill 2165, to remove marijuana-related offenses from the Texas criminal code. Members of the House Criminal Jurisprudence Committee are scheduled to debate this legislation on Wednesday, April 8. If you support sensible marijuana law reform in Texas, it is important that you contact Committee members or testify in person to advocate for HB 2165.
“Nearly a century ago, the Texas legislature made a mistake in judgment based on misinformation and unfortunate motivations," Rep. Simpson said in letter to lawmakers urging them to co-sponsor his legislation. “Due to this mistake a relatively benign plant was made illegal to grow, possess, and sell in Texas.”
Passage of Rep. Simpson’s bill would end each of these marijuana-related prosecutions in the Lone Star State. “Repealing prohibition of the plant will result in savings of millions of dollars currently being spent in the name of the war on drugs,” Simpson said. “[It] will end the destruction and disruption of thousands of lives caused by the heavy penalties for those who use the plant, and will restore freedom and dignity to all Texans.”
While passage of HB 2165 is unlikely, its intended purpose is arguably to stimulate a discussion among Texas lawmakers. The conversation is long overdue. A review of state-by-state marijuana possession arrest data by the ACLU reports that some 75,000 Texans are arrested annually for pot violations – the second highest total of any state in the nation.
Members of the Committee on April 8 will also debate related legislation, HB 507, which seeks to decriminalize marijuana possession offenses, and HB 414, which seeks to reduce penalties regarding the possession of one ounce of marijuana or less a class C misdemeanor.
21. Missouri: Legalization Measure Introduced
Legislation is pending in the Missouri state Senate, SB 560, to permit for the personal possession and retail sale of marijuana by those age 21 and over.
The measure permits adults to privately possess up to one ounce of cannabis without penalty. Senate Bill 560 also seeks to license the commercial production and to regulate the retail sale of marijuana for adults.
22. Pennsylvania: Marijuana Legalization Legislation Introduced
State lawmakers have introduced legislation, SB 528, to permit the adult possession and retail sale of marijuana.
The measure permits adults to privately possess marijuana without penalty and to cultivate up to six plants (no more than three mature) for non-commercial purposes. Not-for-profit transactions involving small quantities of marijuana are also permitted.
SB 528 also seeks to license the commercial production and retail sale of marijuana for those over the age of 21.
23. Florida: Measure Introduced To Legalize Cannabis Possession and Commerce
A state lawmaker has introduced legislation,
SB 1176, to permit the personal cultivation and retail sales of marijuana.
The measure permits adults to privately possess without penalty up to 2.5 ounces of cannabis and/or to cultivate six plants for non-commercial purposes. Not-for-profit transactions involving small quantities of marijuana are also permitted.
The Senate Bill also seeks to license the commercial production and retail sale of marijuana for those over the age of 21.
24. Washington: Regulate Industrial Hemp Commerce
Legislation is pending in the House to permit licensed farmers to cultivate hemp for industrial purposes.
House Bill 1552 intends "to legalize the agricultural production of industrial hemp and provide a regulatory framework that will ensure the security and safety of hemp crops while at the same time facilitate the ability of Washington farmers to successfully compete in the global hemp marketplace.”
Last year, members of Congress approved language in the omnibus federal Farm Bill explicitly authorizing states to sponsor hemp research absent federal reclassification of the plant. Presently, 21 states have enacted legislation permitting licensed hemp cultivation in a manner that is compliant with this statute.
25. Washington: Legislation Tabled To Revise Medical Marijuana Law, Permit Home Cultivation
Senate lawmakers appear to have tabled legislation,
Senate Bill 5519, that sought to amend state law to allow Individuals age 21 or older to grow up to six plants in their home and to allow patients to retain the right to grow up to 15 plants.
Separate proposed legislation that seeks to amend the state’s medical and social marijuana laws, but fails to provide for adults ability to grow cannabis at home, has been approved by the Senate and is now pending in the House.
Good Morning, IJJP Investors:
Looking for an exciting (and profitable) week here for stocks in the medical marijuana sector as robust legislative reform continues in the effort to legalize medical marijuana. These reforms will have a direct and consequential impact on companies listed on the OTC Markets that are engaged in enterprises within this growing sector.
Currently, 23 states and the District of Columbia have passed laws dealing with medical marijuana. The laws vary from state to state and offer differing levels of protections to users of medical marijuana. Based on the recent trends of legalization of recreational marijuana in Colorado, Washington, Oregon and Alaska (District of Columbia still requires Congressional approval) the likelihood that employers will be forced to deal with employees using medical marijuana and/or recreational marijuana is on the rise. Such use raises many potential employment concerns such as the potential impact on drug testing policies, whether employers need to accommodate medical marijuana use and whether employers can or should discipline employees for use of medical marijuana.
Other pending legislation is substantive in both its quantity and the quality of the reform being proposed; these efforts are listed below:
Laws - Advocacy Campaigns
1. Idaho: CBD Oil Measure Sent to Governor
House and Senate lawmakers have approved legislation,
Senate Bill 1146, authorizing the possession of cannabis extracts containing at least 15 percent cannabidiol and no more than .03 percent THC. The measure now awaits action from the Governor.
As approved by lawmakers, the measure permits the possession and use of CBD oils for minors with intractable seizure disorders. Parents must possess a written authorization from a licensed physician and may possess no more than 32 fluid ounces of oil at one time. The ratio of CBD to THC present in the oil must also be verified by an independent laboratory.
The proposal does not establish for an in state supply source for CBD extracted oils.
In 2014, eleven states enacted similar legislation; though as of yet none of these measures have been implemented in a manner that sufficiently provides patient access to these therapies.
2. Alabama: Comprehensive Medical Marijuana Legislation Introduced
Comprehensive legislation is pending in the state Senate, Committee on Judiciary, to protect qualified patients who consume cannabis and to provide for the state-licensed production and distribution of the plant.
Senate Bill 326, The Alabama Medical Marijuana Patient Safe Access Act, authorizes the possession, production, and distribution of medical marijuana to qualified patients. Under this measure, qualified patients are permitted to possess between 8 and 12 ounces of herbal cannabis and/or cultivate between 8 and 12 plants. The bill also seeks to establish regulations governing the dispensing of medical cannabis in state-licensed facilities.
In December, Congress and the President approved spending legislation containing a provision stating, "None of the funds made available in this act to the Department of Justice may be used ... to prevent ... states ... from implementing their own state laws that authorize the use, distribution, possession, or cultivation of medical marijuana." The Alabama Medical Marijuana Patient Safe Access Act is written to comport with this provision.
Twenty-three states and the District of Columbia have enacted statewide provisions allowing patients access to cannabis therapy. Alabama patients deserve these same protections.
3. California: Stop Denying Medical Marijuana Patients Organ Transplants Legislation is pending in the California Assembly, AB 258, to allow medical marijuana patients to receive organ transplants.
On Tuesday, April 7, members of the Assembly Health Committee voted 13 to 3 in favor of this measure. Hospitals frequently deny patients from receiving organ transplants solely based on their status as medicinal marijuana consumers. Assembly Bill 258 reads, “A hospital, physician and surgeon, procurement organization, or other person shall not determine the ultimate recipient of an anatomical gift based solely upon a potential recipient’s status as a qualified patient, as defined in Section 711362.7, or based solely upon a positive test for the use of medical marijuana by a potential recipient who is a qualified patient.”
Passage of AB 258 ends discriminatory practices facing medical marijuana patients.
4. North Dakota: Governor Signs Bill Amending Hemp Law
Republican Governor Jack Dalrymple on March 26 signed legislation into law expanding the state’s hemp cultivation program.
House Bill 1436 amends existing law by removing the requirement that state-licensed hemp growers must also be federally licensed by the Drug Enforcement Administration.
State lawmakers initially enacted legislation regulating hemp cultivation in 1999. However, the state had not issued licenses because the law made the issuance of such licenses contingent upon federal approval.
Last year, members of Congress approved language in the omnibus federal Farm Bill explicitly authorizing states to sponsor hemp research absent federal reclassification of the plant.
5. Georgia: Governor Intends To Sign Law Exempting Cannabis Oils
House and Senate lawmakers on Wednesday, March 25, approved legislation, House Bill 1, providing a legal exemption for qualified patients to possess cannabis-infused oils high in CBD content. Republican Governor Nathan Deal has publicly said that he will sign the measure into law and has ordered state regulators to begin preparing for its implementation.
The measure permits qualifying patients — those with cancer, Amyotrophic Lateral Sclerosis (ALS), seizure disorder, multiple sclerosis, Crohn’s disease, mitochondrial disease, Parkinson’s and sickle cell disease — to obtain a physicians authorization to possess up to 20 ounces of cannabis-infused oils. Under the law, these oil products must be dominant in cannabidiol (CBD) and possess no more than five percent THC.
The law does not provide for a legal, in state source of these oil products. Nor does it allow for patients to posses or grow herbal cannabis.
Some dozen states have enacted similar laws reclassifying CBD-dominant oil products under state law. To date, however, these laws have largely proven unworkable because they do not provide patients with in state access to the product.
6. New York: Legislation Pending to Address Minor Marijuana Possession Arrests
New York State Senator Daniel Squadron and Assembly Member Robert J. Rodriguez have reintroduced S. 137 & A. 6218, the “Fairness and Equity Act” ("FEA"
, a comprehensive piece of legislation that would expand the decriminalization of cannabis in New York State. Enacting the FEA would not only put an end to the racially biased practice of arresting mostly young men of color for criminal possession of cannabis, it would also establish a procedure for people previously convicted of certain cannabis crimes to vacate their judgments. The collateral damage of being convicted of a cannabis crime can be life altering, including the loss of financial aid for students, exclusion from low income housing, deportation and adverse consequences for future employment. Under state law
, the possession of up to 25 grams of cannabis in private is a civil violation, punishable by a maximum of a $100 fine. By contrast, the possession of any amount of cannabis that is burning or in public view is classified as a criminal misdemeanor [NY State Penal Law 221.10]. The FEA would redefine criminal possession of cannabis to amounts greater than 25 grams.
In 2013, New York State spent between $36 million and $72 million arresting approximately 36,000 people for criminal possession of marijuana in the fifth degree. Many of these arrestees had marijuana on their person, and only revealed the cannabis publicly after being ordered by police to empty their pockets during 'stop-and-frisk' searches. According to the Governor's office, 94 percent of arrests for small amounts of marijuana in the state are in New York City. Over 85 percent of those charged were either African American or Latino.
The FEA is the next step in our fight to end cannabis prohibition in New York State. By further decriminalizing cannabis, we will be paving the way for other important legislation, such as the
Marihuana Regulation and Taxation Act. Please help us put greater checks and balances on unjust and discriminatory police practices throughout our state by further decriminalizing cannabis.
7. Louisiana: House Measure Seeks to Put Marijuana Legalization Question Before Voters
Legislation has been pre-filed in the House to place the issue of depenalizing marijuana on the electoral ballot.
House Bill 117, if enacted, would place the following question before voters: “Shall the possession, distribution, or dispensing of marijuana, tetrahydrocannabinols, or chemical derivatives thereof by persons twenty-one years of age or older no longer be a criminal offense in the state of Louisiana?"
The bill further states, “If a majority of the qualified electors of the election area voting on the proposition approve the proposition, then the possession, distribution, or dispensing of marijuana, tetrahydrocannabinols, or chemical derivatives thereof by persons twenty-one years of age or older shall no longer be a criminal offense subject to law subsequently enacted to provide for the regulation and taxation of marijuana sales.”
Louisiana presently imposes some of the harshest marijuana penalties in the nation. Annually, state and local police make nearly 14,000 marijuana possession arrests. Louisiana ranks #14 in the nation in per capita marijuana possession arrests.
8. Washington: Senate/House Measures to Permit Home Cultivation
Newly introduced legislation to allow adults to legally cultivate personal use amounts of marijuana is pending in the House and Senate.
Senate Bill 6083 permits adults to grow up to six plants per domicile.
House companion legislation, H 2196, is also pending.
“This bill is about consistency, congruency and especially, freedom” said Rep. Brian Blake, who is sponsoring the measure in the House. “Adults in our state can brew their own beer and make their own wine for personal consumption. Just like alcohol, marijuana can be used safely and responsibly, so it makes sense to allow adults to home grow their own if they want to.”
Previously introduced Senate language that sought to permit home cultivation is presently
tabled
9. New Jersey: Legislation Filed To Ease Medical Marijuana Access
Legislation is pending in the state Assembly and Senate to provide improved patient access to medicinal marijuana.
Assembly bill 3525(and its companion bill S 2312) amend the state’s medical marijuana program in a manner that is in accordance with patients’ needs.
Among other improvements, these measures would:
1) eliminate the physician registry;
2) expand qualifying conditions;
3) allow for limited home cultivation;
4) reduce fees for patients, caregivers and ATCs and eliminate the tax on medical marijuana;
5) include explicit employee workplace protections;
6) eliminate the two ounces per month limit;
7) allow patients to obtain medical marijuana from out of state if necessary and honor out-of-state ID cards;
permit any edible form of marijuana for any age and establish dosage units for all forms, and 9) forbid the DOH from issuing overly restrictive or unduly burdensome regulations for this law.
New Jersey’s medical marijuana program, in its present form, is
unworkable for patients, physicians, and providers. To date, only about one percent of state physicians take part in the program. Only three of the allotted six state dispensaries are operational. And fewer than 4,000 patients in a state of some 9 million people are participants.
Passage of these measures would improve patient access to medicinal cannabis and participation in New Jersey’s medical marijuana program.
10. Texas: Let Farmers Grow Industrial Hemp
House legislation, HB 557, is pending to permit licensed farmers to cultivate hemp for industrial purposes. On April 8, members of the House Committee on Agriculture & Livestock voted in favor of the measure, which now awaits further action.
Last year, members of Congress approved language in the omnibus federal Farm Bill explicitly authorizing states to sponsor hemp research absent federal reclassification of the plant. Presently, 21 states have enacted legislation permitting licensed hemp cultivation in a manner that is compliant with this statute.
11. Nevada: Let Farmers Grow Industrial Hemp
Senate legislation, SB 305, has been filed for the 2015 legislative session. The measure redefines industrial hemp as an agricultural crop and establishes licensing regulations for the plant’s cultivation
Last year, members of Congress approved language in the omnibus federal Farm Bill explicitly authorizing states to sponsor hemp research absent federal reclassification of the plant. Presently, 21 states have enacted legislation permitting licensed hemp cultivation in a manner that is compliant with this statute.
12. Nebraska: Treat Herbal and Ingestible Cannabis Equally
Lawmakers are considering legislation to decriminalize offenses involving the possession of marijuana edible products.
The measure, LD 189 equalizes penalties involving the possession of cannabis-infused ingestible products so that they mimic those presently in place for minor marijuana possession offenses - which are treated as noncriminal infractions for first time offenders.
Conversely, some lawmakers are also considering legislation,
LD 326to make the possession of any cannabis-ingestible product a felony offense.
13. Pennsylvania: Medical Marijuana, No Smoking Bill Pending
Legislation (Senate Bill 3) is pending in the Pennsylvania Senate to allow for qualified patients — including those with cancer, multiple sclerosis, epilepsy, PTSD, and other illnesses — to access medical cannabis and its preparations.
The proposal does not permit qualified patients to cultivate the plant, but it does establish regulations to allow for the state-licensed and dispensing of cannabis formulations.
While it is unquestionable that this measure is a step forward, SB 3, as presently written, fails to adequately meet some patients’ needs, particularly those with HIV and AIDS who are not presently covered under this legislation.
Additionally, oral preparations of cannabis such as edibles and oils possess delayed onset compared to inhaled herbal cannabis, making these preparations less suitable for patients desiring rapid symptomatic relief. Further, because of this delay in drug effect, patients consuming cannabinoids in this manner have a much more difficult time adequately regulating the substance’s dosing. Patients may wait well over an hour only to discover that they have taken an insufficient dose to provide effective relief. Or, conversely, they may discover that they have consumed a far greater dose than necessary – resulting in prolonged periods of dysphoria.
Finally, the oral administration of ingestible cannabis products is associated with significantly greater bioavailability than is inhalation – resulting in more pronounced variation in drug effect from dose to dose (even in cases where the dose is standardized). For these reasons, we would urge that lawmakers amend this language so that decisions regarding the types of medical cannabis formulations one may legally possess and the manner in which one chooses to administer it be left up to the patient.
Please feel free to use the pre-written letter below to express your support for medical marijuana access in Pennsylvania, but to also urge lawmakers to consider changes that would further expand patients’ access and choices.
The Pennsylvania legislature will be holding two public meetings on medical cannabis on March 24 (University of Pennsylvania, Philadelphia) and April 9 (Harrisburg.
14. Oregon: Senate Passes Measure To Vacate Past Marijuana Convictions
Senators have overwhelmingly passed legislation,
SB 364, permitting for the vacation of past marijuana convictions. The measure now awaits action from members of the Oregon House, Judiciary Committee.
Senate Bill 364 states, “When a person convicted of a marijuana offense based on conduct occurring before July 1, 2013, files a motion for a court order setting aside the conviction pursuant to ORS 137.225, the court shall consider the offense to be classified as under current law when determining if the person is eligible for the order.”
Past marijuana offenders should not be saddled with a criminal record for engaging in behavior that has been reclassified under state law. Please urge your House representative to support this measure.
15. Federal: Members of Congress Unveil Historic Bills to Revamp Medical Marijuana Policy
Legislation, Senate Bill 683: The Compassionate Access, Research Expansion, and Respect States (CARERS) Act, is pending in the US Senate to strengthen statewide medical marijuana protections and impose various changes to federal law. Identical companion legislation, HR 1538, is also pending in the US House of Representatives.
Passage of these measures permits qualified patients, doctors, and businesses to engage in state-sanctioned behavior involving the production, sale, or use of medical cannabis without fear of federal prosecution. The proposals reschedule marijuana at the federal level and remove the compound cannabidiol (CBD) from the Controlled Substances Act. Additional provisions would allow opportunities for financial institutions to legally provide services to medical marijuana businesses, permit VA doctors to authorize medical cannabis, and would remove existing federal barriers to clinical trial research.
16. New Hampshire: House Lawmakers Pass Legislation to Deschedule Hemp House lawmakers have approved legislation, HB 494, to remove industrial hemp from the state controlled substances act. The measure now awaits action from members of the Senate Judiciary Committee
Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed and other products. The crop is commercially cultivated throughout the world.
Last year, members of Congress approved language in the omnibus federal Farm Bill explicitly authorizing states to sponsor hemp research absent federal reclassification of the plant. Presently, 21 states have enacted legislation permitting licensed hemp cultivation in a manner that is compliant with this statute.
17. Utah: Senators Defeat Medical Marijuana Proposal By One Vote
Members of the Utah Senate narrowly defeated legislation (Senate Bill 259) to permit qualified patients -- including those diagnosed with cancer, epilepsy, Crohn’s disease and chronic pain -- to access medical cannabis and its preparations.
Although NORML expressed reservations about some provisions in this proposed measure (e.g., the bill did not allow patients to cultivate their own cannabis and strongly discouraged the possession of herbal preparations of the plant by outlawing marijuana smoking), we had hoped to see the bill amended, not rejected by lawmakers.
Statewide polls showed that over 70 percent of Utahns support safe access to medicinal cannabis. We hope that in the future, lawmakers will listen more closely to the will of their constituents.
18. Rhode Island: Marijuana Legalization Measures Introduced
Rhode Island lawmakers have introduced legislation in both chambers, Senate Bill 510 and House Bill 5777, to permit the personal cultivation and commercial retail sale of marijuana.
SB 510 and HB 5777, also known as The Marijuana Regulation, Control and Taxation Act of 2015, would regulate the commercial production and retail sale of marijuana to those over the age of 21.
Adults would be permitted to purchase and possess up to one ounce of marijuana. It also permits adults to cultivate up to two marijuana plants (no more than 1 mature) at home for non-commercial purposes.
Rhode Island is one of a growing number of states where lawmakers are considering regulating cannabis for adults. NORML will continue to update you in the coming weeks as this proposal moves forward.
Enter your zip code below to contact your state lawmakers and urge them to support Senate Bill 510 and House Bill 5777.
19. Iowa Medical Marijuana Bill Moves to Senate Floor
Members of the Iowa Senate Ways and Means Committee advanced
SSB 1243 on March, 26th, by a nine to five vote. The measure is now pending and awaiting action as Senate File 484.
The measure seeks to allow qualified patients — including those with cancer, multiple sclerosis, epilepsy, PTSD, and other illnesses — to access medical cannabis and its preparations.
The proposal does not permit qualified patients to cultivate the plant, but it does establish regulations to allow for the state-licensed and dispensing of cannabis. The first state-licensed dispensary must be operational by July 1, 2016.
The measure also prohibits qualified patients from consuming medical cannabis by “smoking” -- a provision that will likely promote the production of cannabis-infused edible products or oils, but may potentially limit patients access to herbal preparations of the plant. Separate provisions in the measure call on the state Department of Public Health to “establish the form and quantity of medical cannabis allowed to be dispensed to a patient” -- language that may further limit patients choices.
While it is unquestionable that this measure, even with its existing restrictions, is preferable over Iowa’s existing law (which permits patients to possess the compound cannabidiol but provides no in-state supply of the substance), SSB 1243, as initially written, it may fail to adequately meet some patients’ needs.
Specifically, oral preparations of cannabis such as edibles and oils possess delayed onset compared to inhaled herbal cannabis, making these preparations less suitable for patients desiring rapid symptomatic relief. Further, because of this delay in drug effect, patients consuming cannabinoids in this manner have a much more difficult time adequately regulating the substance’s dosing. Patients may wait well over an hour only to discover that they have taken an insufficient dose to provide effective relief. Or, conversely, they may discover that they have consumed a far greater dose than necessary – resulting in prolonged periods of dysphoria.
Finally, the oral administration of ingestible cannabis products is associated with significantly greater bioavailability than is inhalation – resulting in more pronounced variation in drug effect from dose to dose (even in cases where the dose is standardized). For these reasons, we would urge that lawmakers amend this language so that decisions regarding the types of medical cannabis formulations one may legally possess and the manner in which one chooses to administer it be left up to the patient.
20. Texas: Lawmaker to Debate Legislation To Strike Marijuana-Related Offenses From the Criminal Code
Republican David Simpson has filed legislation,
House Bill 2165, to remove marijuana-related offenses from the Texas criminal code. Members of the House Criminal Jurisprudence Committee are scheduled to debate this legislation on Wednesday, April 8. If you support sensible marijuana law reform in Texas, it is important that you contact Committee members or testify in person to advocate for HB 2165.
“Nearly a century ago, the Texas legislature made a mistake in judgment based on misinformation and unfortunate motivations," Rep. Simpson said in letter to lawmakers urging them to co-sponsor his legislation. “Due to this mistake a relatively benign plant was made illegal to grow, possess, and sell in Texas.”
Passage of Rep. Simpson’s bill would end each of these marijuana-related prosecutions in the Lone Star State. “Repealing prohibition of the plant will result in savings of millions of dollars currently being spent in the name of the war on drugs,” Simpson said. “[It] will end the destruction and disruption of thousands of lives caused by the heavy penalties for those who use the plant, and will restore freedom and dignity to all Texans.”
While passage of HB 2165 is unlikely, its intended purpose is arguably to stimulate a discussion among Texas lawmakers. The conversation is long overdue. A review of state-by-state marijuana possession arrest data by the ACLU reports that some 75,000 Texans are arrested annually for pot violations – the second highest total of any state in the nation.
Members of the Committee on April 8 will also debate related legislation, HB 507, which seeks to decriminalize marijuana possession offenses, and HB 414, which seeks to reduce penalties regarding the possession of one ounce of marijuana or less a class C misdemeanor.
21. Missouri: Legalization Measure Introduced
Legislation is pending in the Missouri state Senate, SB 560, to permit for the personal possession and retail sale of marijuana by those age 21 and over.
The measure permits adults to privately possess up to one ounce of cannabis without penalty. Senate Bill 560 also seeks to license the commercial production and to regulate the retail sale of marijuana for adults.
22. Pennsylvania: Marijuana Legalization Legislation Introduced
State lawmakers have introduced legislation, SB 528, to permit the adult possession and retail sale of marijuana.
The measure permits adults to privately possess marijuana without penalty and to cultivate up to six plants (no more than three mature) for non-commercial purposes. Not-for-profit transactions involving small quantities of marijuana are also permitted.
SB 528 also seeks to license the commercial production and retail sale of marijuana for those over the age of 21.
23. Florida: Measure Introduced To Legalize Cannabis Possession and Commerce
A state lawmaker has introduced legislation,
SB 1176, to permit the personal cultivation and retail sales of marijuana.
The measure permits adults to privately possess without penalty up to 2.5 ounces of cannabis and/or to cultivate six plants for non-commercial purposes. Not-for-profit transactions involving small quantities of marijuana are also permitted.
The Senate Bill also seeks to license the commercial production and retail sale of marijuana for those over the age of 21.
24. Washington: Regulate Industrial Hemp Commerce
Legislation is pending in the House to permit licensed farmers to cultivate hemp for industrial purposes.
House Bill 1552 intends "to legalize the agricultural production of industrial hemp and provide a regulatory framework that will ensure the security and safety of hemp crops while at the same time facilitate the ability of Washington farmers to successfully compete in the global hemp marketplace.”
Last year, members of Congress approved language in the omnibus federal Farm Bill explicitly authorizing states to sponsor hemp research absent federal reclassification of the plant. Presently, 21 states have enacted legislation permitting licensed hemp cultivation in a manner that is compliant with this statute.
25. Washington: Legislation Tabled To Revise Medical Marijuana Law, Permit Home Cultivation
Senate lawmakers appear to have tabled legislation,
Senate Bill 5519, that sought to amend state law to allow Individuals age 21 or older to grow up to six plants in their home and to allow patients to retain the right to grow up to 15 plants.
Separate proposed legislation that seeks to amend the state’s medical and social marijuana laws, but fails to provide for adults ability to grow cannabis at home, has been approved by the Senate and is now pending in the House.
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In times when you feel low self esteem, disappointment and perhaps even depression.......keep in mind that it may simply be the result of the fact that you are surrounded by ass holes. GLTA
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