Archive for the ‘government’ category

Now Is The Time To Support Marijuana Law Reform In Your State

March 19th, 2015

Marijuana law reform legislation is presently pending in states over 30 states. Is your state one of them? Visit NORML’s online ‘Take Action Center’ here to find out.

By clicking this link, you will have access to up-to-date bill status information. You can also quickly contact your elected officials and urge their support for these reforms with just one click.

Right now, nearly 20 states — including Connecticut, Florida, Illinois, Maryland, Massachusetts, Pennsylvania, Rhode Island, Texas, and Vermont — are debating measures to legalize the adult use and sale of the plant.

Some dozen states — including Delaware, New Hampshire, New Mexico, South Carolina, and Tennessee — are debating decriminalizing marijuana possession offenses.

Medical marijuana legislation is also pending in 17 states, including Missouri, New Jersey, North Carolina, Texas, and West Virginia.

Click HERE to view NORML’s full list of pending state and federal legislation.

Get active; get NORML.

2015 NORML Legislative Fly-In

March 16th, 2015

2015 NORML Legislative Fly-In
Please join NORML on May 20/21 in Washington, D.C. to lobby Congress for passage of cannabis law reform legislation pending before it.

You’ve probably seen by now the historically important bill to reform medical cannabis laws introduced in the U.S. Senate. There has never been a more exciting and receptive time to be a cannabis law reform activist in America with this political backdrop:

  • 35 states have passed medical cannabis-related legislation (in 23 of these states patients have functional access to the medicine and legal protections)
  • 17 states have decriminalized the possession of cannabis for adults
  • 4 states have legalized the cultivation and sale of cannabis (Washington, D.C. has de-penalized the possession and use of cannabis for adults; allows limited home cultivation; no sales)
  • Every national poll, including the oldest social survey data set, now indicate a majority of Americans no longer favor cannabis prohibition.

It’s indisputable. Cannabis law reform in America is happening in our lifetimes.

By the time the NORML Legislative Fly-In convenes in late May, as many as 20 reform bills will have been introduced for us to rally around in our lobbying efforts–and with the new Senate bill, for the first time since the late 1970s, there is good reason to lobby the Senate as hard as the House.

Also, and of great importance in placing upward political pressure on elected members of Congress and their staff, are the nearly 75 state legislative bills around the country that are now debating cannabis law reform measures–ranging from medical access to industrial hemp to decriminalization to legalization.

This year upwards of half the states’ legislatures are looking at dozens of reform bills and this clearly positively impacts Congress to see these needed socio-legal reforms bubbling up from their home states and regions.

For many in Congress, they know the political writing is on the wall for the federal prohibition on cannabis commerce to survive much longer.

Let’s help make their jobs easier by showing them the necessary public support to hasten cannabis law reforms at the federal level.

Lastly, there is a strong possibility that we’re going to add another event to the program, in conjunction with High Times…and featuring a famous TV and movie personality who has expressed strong interest in getting involved with the public discussion about cannabis law reform. TBA.

Please pre-register for the NORML Legislative Fly-In, make your travel and hotel arrangements ASAP to assure lowest possible costs.

NORML members and supporters get first shot at the low early bird pricing of $50/person.

Also, there are sponsorship opportunities as well for cannabis-related businesses, services and organizations.

Below is a brief breakdown of lodging options for the Conference.

Thanks in advance and hope to see you at the height of Spring in the nation’s capital, being an active participant in an historic public advocacy effort to once and for all end cannabis prohibition.

Cannabem liberemus,

-Allen St. Pierre
Executive Director
NORML / NORML Foundation
Washington, D.C.

Alaska Legalization Law Takes Effect

February 24th, 2015

Alaska Legalization Law Takes EffectLegislation enacted by voters in November legalizing the personal use and cultivation of marijuana takes effect today.

Fifty-three percent of Alaska voters approved Ballot Measure 2 on Election Day, permitting those over the age of 21 to lawfully possess up to one ounce of marijuana and/or to grow up to six marijuana plants (no more than three mature) for non-commercial purposes. Sharing or gifting personal use quantities of marijuana is also permitted under the new law; however the consumption of cannabis in public remains an offense.

Lawmakers will now begin the process of establishing licensing requirements for those who wish to commercially produce cannabis and/or engage in the plant’s retail sale. State regulators have up to nine months to enact rules to govern these commercial entities and are expected to begin granting operator permits by February 2016.

Since 1975, Alaskans have enjoyed personal privacy protections allowing for the possession and cultivation of unspecified quantities of cannabis in one’s home. However, state lawmakers had never before codified these protections into law or permitted a legal market for marijuana production and sales.

Alaska is the third state – following Colorado and Washington – to legalize the personal possession of marijuana by adults and to license the plant’s retail production and sales. Oregon voters in November approved similar legislation (Measure 91), which is scheduled to go into effect later this year.

Congressional Legislation Introduced to Get the Federal Government Out of the Marijuana Enforcement Business

February 23rd, 2015

Get the Federal Government Out of the Marijuana Enforcement BusinessLegislation was introduced Friday in the US House of Representatives to permit states to establish their own marijuana regulatory policies free from federal interference.

House Resolution 1013, the Regulate Marijuana Like Alcohol Act, removes cannabis from the United States Controlled Substances Act. It also removes enforcement power from the US Drug Enforcement Administration in matters concerning marijuana possession, production, and sales — thus permitting state governments to regulate these activities as they see fit.

Said the bill’s primary sponsor, Democrat Jared Polis of Colorado: “Over the past year, Colorado has demonstrated that regulating marijuana like alcohol takes money away from criminals and cartels, grows our economy, and keeps marijuana out of the hands of children. While President Obama and the Justice Department have allowed the will of voters in states like Colorado and 22 other jurisdictions to move forward, small business owners, medical  marijuana patients, and others who follow state laws still live with the fear that a new administration – or this one—could reverse course and turn them into criminals. It is time for us to replace the failed prohibition with a regulatory system that works and let states and municipalities decide for themselves if they want, or don’t want, to have legal marijuana within their borders.”

Separate legislation, House Resolution 1014: the Marijuana Tax Revenue Act, introduced by Democrat Rep. Earl Blumenauer of Oregon, seeks to impose a federal excise tax on the retail sale of marijuana for non-medical purposes as well as apply an occupational tax for state-licensed marijuana businesses. Such commercial taxes would only be applicable if and when Congress has moved to defederalize marijuana prohibition.

“It’s time for the federal government to chart a new path forward for marijuana.” said Rep. Blumenauer. “Together these bills create a federal framework to legalize, regulate and tax marijuana, much like we treat alcohol and tobacco. The federal prohibition of marijuana has been a failure, wasting tax dollars and ruining countless lives. As more states move to legalize marijuana as Oregon, Colorado, Washington and Alaska have done, it’s imperative the federal government become a full partner in building a workable and safe framework.”

Similar versions of these measures were introduced in the previous Congress but failed to gain federal hearings.

To contact your US House member and urge him/her to support House Resolution 1013, the Regulate Marijuana Like Alcohol Act and/or other pending federal marijuana law reform legislation, please visit NORML’s Take Action page here.

Federal Judge Hears Closing Arguments In Constitutional Challenge To Cannabis’ Schedule I Status

February 12th, 2015

Federal Judge Hears Closing Arguments In Constitutional Challenge To Cannabis’ Schedule I StatusYesterday in Sacramento a federal judge heard closing arguments in a motion challenging the constitutionality of cannabis’ Schedule I classification.

At issue is whether a rational basis exists for the government’s contention that cannabis is properly designated as a schedule I substance — defined as possessing a “high potential for abuse,” “no currently accepted medical use in treatment,” and “a lack of accepted safety … under medical supervision.” A federal court has not heard evidence on the matter since the early 1970s.

Lawyers for the federal government argue that it is rational for the government to maintain the plant’s prohibitive status as long as there remains any dispute among experts in regard to its safety and efficacy. Defense counsel — attorneys Zenia Gilg and Heather Burke of the NORML Legal Committee — contend that the federal law prohibiting Justice Department officials from interfering with the facilitation of the regulated distribution of cannabis in over 20 US states can not be reconciled with the government’s continued insistence that the plant is deserving of its Schedule I status under federal law.

In October, defense counsel and experts presented evidence over a five-day period arguing that the scientific literature is not supportive of the plant’s present categorization. “Numerous clinical trials have been conducted using whole plant marijuana and have concluded the evidence strongly suggests therapeutic value,” defense counsel affirmed in a written brief filed with the court last month. “Physicians in 23 states and the District of Columbia have been recommending whole plant cannabis for treatment of a myriad of medical conditions. The United States, through SAMHSA (Substance Abuse Mental Health Services Administration, a branch of HHS), holds a patent [on the therapeutic utility of the plant.]”

“… It is unimaginable to believe that if heroin, cocaine, methamphetamine, or even over-the-counter medications were being distributed in 23 states and the District of Columbia, Congress and the President would abdicate all regulatory authority to those jurisdictions, and then cut off all funds … to intervene in related distribution activities. … Even the most vivid imagination would be hard pressed to reconcile such action with a ‘rational belief’ that marijuana is one of the most dangerous drugs in the nation.”

In a brief filed with the court by the federal government, it contends: “Congress’ decision to treat marijuana as a controlled substance was and remains well within the broad range of permissible legislative choices. Defendants appear to argue that Congress was wrong or incorrectly weighed the evidence. Although they failed to prove even that much, it would be insufficient. Rational basis review does not permit the Court’s to ‘second guess’ Congress’ conclusions, but only to enjoin decisions that are totally irrational or without an ‘imaginable’ basis.”

They add: “Congress is not required to be ‘right,’ nor does it matter if the basis on which Congress made its decision turns out to be ‘wrong.’ All that is required is that Congress could rationally have believed that its action — banning the production and distribution of marijuana — would advance its indisputably legitimate interests in promoting public health and welfare. Because qualified experts disagree, it is not for the Courts to decide the issue and the statute must be upheld.”

The Judge is anticipated to rule on defense’s motion within 30 days.

Legal briefs in the case, United States v. Pickard, et. al., No. 2:11-CR-0449-KJM, are available online here.

Federal Study: THC-Positive Drivers Not More Likely To Be Involved In Motor Vehicle Crashes

February 9th, 2015

Drivers who test positive for the presence of THC in blood are no more likely to be involved in motor vehicle crashes than are drug-free drivers, according to a federally sponsored case-control study involving some 9,000 participants. The study, published Friday by the United States National Highway Traffic Administration (NHTSA), is the first large-scale case-control study ever conducted in the United States to assess the crash risk associated with both drugs and alcohol use by drivers.

Authors reported that drivers who tested positive for any amount of THC possessed an unadjusted, elevated risk of accident of 25 percent (Odds Ratio=1.25) compared to controls (drivers who tested negative for any drug or alcohol). However, this elevated risk became insignificant (OR=1.05) after investigators adjusted for demographic variables, such as the drivers’ age and gender. After researchers controlled for both demographic variables and the presence of alcohol, THC-positive drivers’ elevated risk of accident was zero (OR=1).

By contrast, researchers reported that drivers who tested positive for low levels of alcohol possessed a statistically significant risk of accident, even after controlling for demographic variables (e.g., Drivers with a BAC of 0.03 possessed a 20 percent greater risk of motor vehicle accident [OR=1.20] compared to controls). Drivers with BAC levels of 0.05 possessed a greater than two-fold risk of accident (OR=2.07) while motorists with BAC levels of 0.08 possessed a nearly four-fold risk of accident (OR=3.93).

Researchers did not analyze drivers’ THC levels to similarly estimate whether higher or lower THC levels may impact crash risk in a dose-dependent manner, as has been previously reported in some separate analyses of fatal crash data.

Authors concluded, “This finding indicates that these other variables (age, gender, ethnicity, and alcohol use) were highly correlated with drug use and account for much of the increased (crash) risk associated with the use of illegal drugs and THC.”

The study’s finding contradict allegations by NIDA and others that “marijuana use more than doubles a driver’s risk of being in an accident,” but are largely consistent with those of a 2013 literature review published in the journal Accident Analysis and Prevention which reported that cannabis-positive drivers did not possess a statistically significant risk of a either fatal accident or a motor vehicle accident causing injury.

US Surgeon General Acknowledges “Marijuana Can Be Helpful”

February 4th, 2015

Newly appointed US Surgeon General Vivek Murthy believes that cannabis possesses therapeutic utility — an acknowledgment that contradicts the plant’s present placement as a Schedule I controlled substance under federal law.

Speaking to CBS News, Murthy said: “We have some preliminary data showing that for certain medical conditions and symptoms that marijuana can be helpful.” He added, “I think we have to use that data to drive policy making and I’m very interested to see where that data takes us.”

Dr. Murthy was confirmed as US Surgeon General late last year.

His statements appear to be inconsistent with the Schedule I classification of marijuana under federal law — a scheduling that defines the plant and its organic compounds as possessing “no currently accepted medical use …. in the United States” and lacking “accepted safety … under medical supervision.”

Next week in Sacramento, a federal judge will hear final arguments in a motion challenging the constitutionality of cannabis’ Schedule I classification. In October, defense counsel and experts presented evidence over a five day period arguing that the scientific literature is not supportive of the plant’s present categorization.

Briefs in this ongoing federal case are available online here.

American Academy of Pediatrics Calls For Rescheduling Cannabis

January 26th, 2015

An updated policy statement issued today by the American Academy of Pediatrics (AAP) calls for the rescheduling of the cannabis plant under federal law to better facilitate clinical trial research and to promote the plant’s eventual pharmaceutical development.

The new position statement resolves: “The AAP strongly supports research and development of pharmaceutical cannabinoids and supports a review of policies promoting research on the medical use of these compounds. The AAP recommends changing marijuana from a Drug Enforcement Administration schedule I (controlled substance) to a Schedule II drug to facilitate this (clinical) research.”

By definition, schedule I controlled substances are defined as possessing no “accepted medical use.” Clinical protocols involving cannabis are strictly controlled and require authorization from various federal agencies, including DEA, FDA, and the National Institute on Drug Abuse (NIDA) – the latter of which is designated under federal law as the sole provider of cannabis and/or organic cannabinoids for research purposes.

“A Schedule 1 listing means there’s no medical use or helpful indications, but we know that’s not true because there has been limited evidence showing [marijuana] may be helpful for certain conditions in adults,” said Dr. Seth Ammerman, who co-authored the new policy statement.

The newly amended AAP resolution also acknowledges that certain types of cannabinoid-therapy may provide benefits to adolescents, particularly those patient populations with treatment-resistant forms of epilepsy and chronic seizures. It states, “The AAP recognizes that marijuana may currently be an option for cannabinoid administration for children with life-limiting or severely debilitating conditions and for whom current therapies are inadequate.”

Last year the Epilepsy Foundation of America issued a similar resolution, citing preclinical data and observational reports of the potential therapeutic benefit of the cannabinoid cannabidiol (CBD) in pediatric patients and calling for “an end to Drug Enforcement Administration (DEA) restrictions that limit clinical trials and research into medical marijuana for epilepsy.”

Separate language in the AAP’s position statement also addresses the social use of the plant, affirming, “AAP strongly supports the decriminalization of marijuana use for both minors and young adults and encourages pediatricians to advocate for laws that prevent harsh criminal penalties for possession or use of marijuana.” By contrast, the statement acknowledges the group’s continued opposition to the legalization of marijuana, a policy change that it alleges poses “potential harm to children.”

Text of the amended AAP position paper is online here. A summary of resolutions issued by other medical and health organizations in regard to patient access to therapeutic cannabis is available on the NORML website here.

Washington, DC: District Officials Move Forward To Enact Municipal Depenalization Initiative

January 15th, 2015

District of Columbia city officials this week moved forward with their intentions to implement a voter-approved municipal initiative depenalizing marijuana possession and cultivation offenses.

On Tuesday, city officials confirmed that Initiative 71 was transmitted to Congress for review. Under federal law, all District laws are subject to a 30-day review process by Congress, during which time members may take action to halt the law’s implementation.

Speaking to Roll Call this week, House Oversight and Government Reform Chairman Jason Chaffetz (R-Utah) said that language previously adopted by Congress in a December 2014 spending bill already prohibits DC officials from implementing I-71 and, thus, no further action by Congress is necessary. However, several District officials – including DC Delegate Eleanor Holmes Norton and DC Council Chairman Phil Mendelson – said that the federal provision in question in no way blocks city officials from enacting the new law.

“The District’s examination agrees with our analysis that the initiative was enacted when voters approved it and will take effect at the end of the 30-day congressional review period,” Del. Norton said in a statement.

Chairman Mendelson agreed, saying, “I happen to believe that the initiative was enacted so I think there’s no question that after the 30-day review it will be law.”

The District of Columbia Attorney General’s office has not yet commented in regard to how the District will respond if Congress does not address the initiative during the review process, Roll Call reported.

In November, 70 percent of District voters approved I-71, which removes criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants.

Separate DC municipal legislation – ‘The Marijuana Legalization and regulation Act’ – which seeks to regulate commercial cannabis production and retail sales, is also pending before the Council. If enacted, this legislation would also go before lawmakers for Congressional review and likely would force a federal challenge.

POLL: 60% of Virginia Voters Support Marijuana Decriminalization

January 6th, 2015

vabillboardA poll conducted by the firm Public Policy Polling (PPP) revealed that 60% of Virginia voters would support decriminalizing the adult possession of small amounts of marijuana, indicating strong support for state Senator Adam Ebbin’s marijuana decriminalization measure, Senate Bill 686. Decriminalization had majority support from every age, racial, and gender demographic.

The survey also had support for legalization and regulation of marijuana in the Commonwealth at a record high of 49% support to 44% opposed.

With the legislative session kicking off in Virginia, expect to hear much more about this pending legislation in the coming weeks. If you are a Virginia resident, please CLICK HERE to quickly and easily contact your state Senator and urge their support for SB 686. It is time that our state officials pursued a policy on marijuana that was “Smart on crime and smart for Virginia.”

We strongly encourage you also attend Virginia NORML‘s lobby day in Richmond on January 16th to help put the pressure on state legislators in person. You can click here for more information on lobby day.

If you find yourself traveling in the Richmond area, keep your eyes peeled for Virginia NORML’s billboard in support of SB 686, which should be going on display very soon on Route 360 as you drive over the James River (the billboard image is featured at the top of this post).

This poll was commissioned by MPP and conducted by Public Policy Polling. You can read the full results here.

TAKE ACTION VIRGINIA – CLICK HERE TO CONTACT YOUR STATE SENATOR IN SUPPORT OF SB 686