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Working to reform marijuana laws
Updated: 16 min 50 sec ago
Today, the full Philadelphia City Council voted 13 to 3 in support of a measure that would lower the penalty for possession of up to one ounce of marijuana to a civil infraction, punishable by a $25 fine.
All 13 of the Democratic members of the City Council voted for it and all three Republicans voted against. The measure now goes to Philadelphia Mayor Nutter’s desk for signature. NORML’s local chapter, Philly NORML, has been working hard on advancing these reforms for many years and those efforts seem to be finally paying off.
Councilman Bill Greenlee, who voted in support of decriminalization, stated, “It does not seem fair for what most people consider a minor incident to potentially risk people’s future.”
Councilwoman Cindy Bass, who also voted “Yes” on the bill, said, “To spend the time and the amount of money that is really required to prosecute someone with small amounts of marijuana, while we have so many other bigger issues in the city, does seem a little bit not where we need to be headed.”
Bill sponsor Councilman Jim Kenney estimates that the new pot policy could save the police department and the courts about $4 million a year.
NORML will keep you updated if and when the mayor signs this measure.
The administration of oral THC mitigates symptoms of post-traumatic stress syndrome (PTSD), according to clinical trial data published online ahead of print in the journal Clinical Drug Investigation.
Investigators at the Hebrew University Medical Center in Jerusalem assessed the safety and efficacy of oral THC as an adjunct treatment in ten subjects with chronic PTSD.
Researchers reported, “The intervention caused a statistically significant improvement in global symptom severity, sleep quality, frequency of nightmares, and PTSD hyperarousal symptoms.”
They concluded, “Orally absorbable delta-9-THC was safe and well tolerated by patients with chronic PTSD.”
Separate clinical trial data has previously reported that the administration of nabilone, a synthetic endocannabinoid agonist, can reduce the severity and frequency of nightmares in patients with PTSD.
In 2013, researchers at the New York University School of Medicine published findings indicating that PTSD subjects experience a decrease in their natural production of anandamide, an endogenous cannabinoid neurotransmitter. They hypothesized that an increase in the body’s production of cannabinoids would likely restore subjects’ natural brain chemistry and psychological balance. “[Our] findings substantiate, at least in part, emerging evidence that … plant-derived cannabinoids such as marijuana may possess some benefits in individuals with PTSD by helping relieve haunting nightmares and other symptoms of PTSD,” they concluded.
Full text of the study, “Preliminary, open-label, pilot study of add-on oral delta-9-tetrahydrocannabinol in chronic post-traumatic stress disorder,” will appear in Clinical Drug Investigation.
Most of us were caught off-guard by the rush of states this year that approved the limited use of CBD-only marijuana extracts because these traditionally conservative states had heretofore rejected the medical use of marijuana. So it seems worth a moment to consider how this occurred, and what it means on a grander scale.
But first, a little recent history.
Throughout this year’s state legislative season, a total of 10 states enacted laws seeking to provide limited access to medical marijuana products that contain high levels of CBD and virtually no THC for qualified, typically pediatric patients suffering from severe and disabling seizures: Alabama, Florida, Iowa, Kentucky, Mississippi, Missouri, South Carolina, Tennessee, Utah and Wisconsin.
On one level, this unexpected embrace of the medicinal qualities of marijuana by states that previously rejected the concept must be seen as a favorable development. These serendipitous adoptions reflect a degree of compassion not obvious in the previous legislative debates in those states.
But it is far from certain that these laws will actually help the young patients they are intended to help.
First, such products are primarily only available in a handful of states like California and Colorado and none of these new state laws create a viable in-state supply source for such products. Further, even if a patient from out-of-state could find these products in California or Colorado, it would be a violation of federal law (and also likely state law) to take the medicine back to their home state.
And while some of these laws attempt to establish CBD research projects at their major universities or research hospitals, recent experience demonstrates that few universities or research hospitals are willing to enter this confusing field while marijuana remains a federal crime, and those that may be willing to take the bait will face a steep and long learning curve before the first patient will have high-CBD extracts available.
This legislative rush to CBD-only extracts also suggests (1) the degree to which elected officials are influenced by popular media, (2) their willingness to pick and choose the science they like (while ignoring the science they do not), and (3) the strong puritanical impulse that remains a factor with many elected officials.
And it all relates to the “Gupta Effect”. When CNN’s Dr. Sanjay Gupta’s report highlighting how high-CBD marijuana products control debilitating seizures among children suffering from Dravet’s syndrome (the most severe form of childhood epilepsy) went public, few Americans had even heard of cannabidiol. Most people were familiar with THC (tetrahydrocannabinol), the primary psychoactive ingredient in marijuana that principally accounts for the “high” that marijuana smokers enjoy, but had zero idea that CBD even existed.
Dr. Gupta, who had previously uncritically accepted the federal government’s consistent claim that marijuana had no legitimate medical use, when confronted with actual children whose lives had been transformed following their use of high-CBD marijuana extracts, understandably felt misled by the government’s anti-marijuana propaganda, and went public with two special programs introducing the importance of high-CBD extracts in reducing or eliminating seizures in these children.
In the second program Dr. Gupta made it clear that while CBD appeared to be the primary therapeutic ingredient for this class of patients, he also made the point that some level of THC was also required, because of what he termed the “entourage effect.” Without the THC, the CBD would either be less effective, or in some instances ineffective.
It’s embarrassing that so many of our elected officials would get their scientific understanding of the medical properties of marijuana from a popular television doctor, instead of conducting their own research into the available science, before moving legislation forward. But better they be motivated by a celebrity doctor than continue to ignore the benefits of medical marijuana altogether.
Of which there are a myriad.
The marijuana plant is one of the most studied biologically active substances of modern times. A search on PubMed, the repository for all peer-reviewed scientific papers, using the term “marijuana” yields nearly 20,000 scientific papers referencing the plant and/or its constituents, nearly half of which have been published just within the past decade. In addition, more than 100 controlled trials, involving thousands of subjects, have evaluated the safety and efficacy of cannabis and/or individual cannabinoids.
Most recently, a review of FDA-approved marijuana plant trials conducted by various California universities concluded, “Based on evidence currently available the Schedule I classification (for cannabis) is not tenable; it is not accurate that cannabis has no medical value, or that information on safety is lacking.” The best summary of this research can be found in the publication Emerging Clinical Applications for Cannabis and Cannabinoids, available on the NORML website. So the basic research is available for all who care to learn.
But few elected officials appear to be aware of this considerable body of science. Rather, the common refrain is to claim they cannot support the medical use of marijuana because the only evidence is “anecdotal”. These officials prefer to remain ignorant because it reinforces their preconceived notion that medical marijuana is a hoax perpetuated by those who simply wish to get “high”.
So what this latest rush to approve CBD-only marijuana products demonstrates, more than anything else, is the degree to which our public policy can frequently be influenced by a strong strain of puritanism that remains alive among our elected officials. If it feels good, it must be bad!
These many state legislators were willing to show some compassion by allowing the medical use of marijuana by these poor children suffering from multiple, disabling seizures, so long as the marijuana did not make them feel “high” (i.e., feel better!). These legislators are against pleasure, and if the use medical marijuana includes the feeling of pleasure, then it cannot be approved.
Excuse me, but is that not the purpose of using medicine when one is ill – to feel better?
Admittedly, for some of these puritans, the association of the word “high” with the use of marijuana may lie at the heart of the problem for them. Marijuana has long been demonized by conservatives, law enforcement, and many in the medical community, and that has spilled-over to the marijuana “high”.
If they understood that the marijuana “high” makes the user feel better, and that seriously ill patients almost always want (and need) to feel better, perhaps they could overcome their fear of medical marijuana. But for now at least, it is clear that in their view the marijuana “high”, like marijuana itself, is something to be avoided by responsible Americans, even if that precludes the use of medical marijuana by seriously ill patients.
It is time we moved beyond the notion that pleasure is bad, and stopped treating the marijuana “high” as something to be avoided, when it makes patient feel better. For them, feeling better and feeling high is often the same.
Guest Post by Jason Miller, Houston NORMLRAMP (Republicans Against Marijuana Prohibition) along with other medical marijuana advocates, including parents, veterans, and medical doctors, gave testimony in favor of an amendment to the platform in support of allowing Texans access to medical cannabis.
It seemed like a short-lived victory when the Temporary Platform Committee passed the amendment after listening to emotional testimony from those whose loved ones could benefit or have benefited from medical cannabis. The Chairman of the committee broke the tie and the amendment passed by a 15-14 vote. In addition, a plank supporting Hemp Cultivation passed the committee and made it into the final platform.
The following day, the Permanent Platform Committee met and voted on the medical marijuana amendment. This was the day I arrived at the convention after driving up to Fort Worth from Houston. My second time attending the Texas GOP Convention as a delegate, I was excited to hear about what was happening in the committees and was eager to help.
Rewind to August 2013 when I first met Ann Lee. After being involved with NORML for the past 4 years as a corporate sponsor to the legal seminars in Aspen and Key West, I had heard of Richard Lee, the founder of Oaksterdam University, but I didn’t know the full extent of his story until hearing it from his mother. Ann Lee was visiting a group in Houston that several of my friends help organize called Liberty on the Rocks. Along with a representative from Houston NORML, originally co-founded by Richard Lee, Ann Lee spoke to us and her words resonated.
She told us about growing up in Louisiana during segregation (Ann Lee is in her mid-eighties, she’s even older than marijuana prohibition itself), and she spoke of how unfairly people were treated and how unfairly minorities are treated today due to the enforcement of marijuana prohibition. She told us about her 5 sons, including educator and entrepreneur Richard Lee, who was injured in a workplace accident, leaving him in a wheelchair as a paraplegic. She told us about being a Republican activist since the 1970s and how she co-founded the group “Women for Reagan” in 1983, the year I was born. She told us about her husband, Bob Lee, and how they had initially reacted when Richard told them he uses medical marijuana to help with his muscle spasticity and neuropathic pain.
Fast-forward to 2014, new logo, website, social media, and a network of young people helping Ann Lee with RAMP. We’re ready to make an impact. We’ve formed a team, including John Baucum, President of Houston Young Republicans. We’d worked a great deal on networking and outreach, held our inaugural meeting, and conducted several interviews with news media. We knew a lot of people in Houston’s conservative scene and we knew many of them would be serving as GOP delegates.
Upon my arrival to the Texas GOP Convention in Fort Worth on Thursday, I knew that I had a mission. The vote on the medical marijuana amendment was to take place later this day and the outcome was going to depend heavily upon how the Permanent Platform Committee was to shape up. Our strategy was to try to push anyone off the committee who voted against us and replace them with someone who is supportive.
In my Senate District, our platform committee representative had voted against medical marijuana. So I started talking to people. I thought about who would make a good candidate and one person came to mind, a Military Veteran, an author, and a frequent lecturer on conservative issues. Although medical marijuana was not the primary issue, I knew this person would be supportive. At this point there’s a lot of whispering going on in the hallways, people pulling each other aside and talking under their breath. I knew that a good number of people would unite behind this candidate, and I was able to feel confident in my ability to “whip the votes.”
Time was of the essence. I ran across the street to the Omni Hotel and printed up flyers, highlighting the candidate’s qualifications. After some trouble with the printer, I made it back to the convention just in time. I walked into our SD Caucus and handed everyone the flyers. There were two other candidates in the race for platform committee. Although my preferred candidate did not win, we pulled about 30% of the vote and made an impact on the outcome of the race.
Immediately after the SD Caucus, the Permanent Platform Committee met and the moment of truth was upon us. There was a great deal of commotion outside the meeting room because it wasn’t big enough to seat everyone. People were outside the door yelling for them to relocate the meeting to a larger space. Some of the committee members had changed due the immigration plank of the platform, which was the most contentious issue up for debate. I tried to peer into the room to see who was on the committee. I was curious to find out any of our people were elected to the committee in other senate districts, but I assumed they didn’t have any better luck than I did.
Perhaps the most amazing revelation was that another ‘minority report’ was filed, signed by 8 members of the committee, in support of adding the original medical cannabis amendment back into the platform. This was huge. A clear message was sent that support for medical cannabis is alive and well in the Texas GOP. We considered this to be a major victory because the issue would be up for debate during the general session on Saturday when the platform is adopted by the entire delegation.
On Friday morning, we arrived at the Fort Worth Convention Center at 6:00am, with 2000 RAMP newsletters in hand. Volunteers, including founders of the group MAMMA (Mothers Advocating Medical Marijuana for Autism) Thalia Michelle and Amy Lou Falwell, helped line seats with our literature. This day, we decided to forget about the platform and the stress, it’s time to network, educate people about medical cannabis, conduct interviews with media, and talk to as many elected officials as we can.
Ann Lee spoke in favor of this amendment and told her story. She told the delegation about her son Richard and his injury. She used her entire 5 minutes of testimony and made a very clear point that garnered a great deal of applause, “Why should the federal government be able to prevent us from using a natural medicine that is clearly beneficial to sick people?”
One person spoke in opposition to the amendment and tried to convince the delegation that Marinol and medical marijuana are the same thing, which is clearly false.
Dr. Teryn Driver, a delegate from League City, made an emotional argument about children suffering from epilepsy and passionately educated the delegation about Cannibidiol (CBD).
A motion was made to end debate and the crowd voted in favor of it. (The delegation will typically always vote in favor of anything that moves the process along faster). We then voted on adding the medical marijuana amendment back into the platform and it failed. We expected this to happen.
The next item of business is the ‘minority report’ striking the support for research into the medical efficacy of cannabis from the platform. Zoe Russell, the assistant executive director for RAMP, spoke in opposition to striking this language; she testified that Texas prides itself on medical innovation and that getting our federal government out of the way of promising research will be a tremendous benefit to our medical community. She pointed out that Republicans don’t like federal interference in our healthcare choices and that should include the ability to conduct medical research. Her remarks were met with cheers and applause.
Immediately following Zoe’s testimony, debate was cut off. A vote was taken, but it wasn’t clear. After a bit of demagoguery by the Chairman and a clarification that a no vote would leave the language in the platform, the vote was taken again. It was very close, but the yes votes won and the language supporting research of medical cannabis was stricken from the platform.
Overall, the Texas GOP Convention was a huge success. We’re furthering the discussion about marijuana reform among Republicans and we’re having fun in the process. My time spent in Fort Worth was well worth it. I learned a lot about politics and procedure, activism and how to communicate and network with people. We met supporters from all over the state and we expanded our network. We’re now gearing up for the 2015 legislative session and we’re determined to legalize marijuana in the great state of Texas.
It ain’t gonna legalize itself.
Stay up to date on NORML Houston’s activities by following them on Facebook here.
The Jamaica government is poised to relax marijuana possession penalties.
Justice Minister Mark Golding said yesterday in a statement that a majority of lawmakers are ready to endorse a proposal decriminalizing the possession of the plant.
“[T]he criminalization of possession of a small quantity of ganja and of smoking ganja has caused significant hardships in Jamaica, particularly among young men,” he said. “A conviction for possession or use of ganja results in a criminal record, which often precludes the offender from engaging certain employment, impacts his ability to get visas to travel overseas, and generally limits his life prospects. This is a serious human rights issue, supporting the cry for reform to our laws in this area.”
The proposed change in law amends Jamaica’s Dangerous Drugs Act by eliminating criminal penalties pertaining to the private possession of two ounces of cannabis by adults. Rather, such behavior will be reclassified under the law as a “non-arrestable, ticketable infraction … which does not give rise to a criminal record.”
The proposed changes intend to provid broader protections for those using cannabis for religious or medicinal purposes. “[R]eligious use of ganja ought not to be criminalized, given Jamaica’s history and prevailing socio-cultural and economic environment,” the Justice Minister said. He added, “It is not only wrong but also foolhardy to continue with a law that makes it illegal to possess ganja and its derivatives for medicinal purposes.”
The Justice Minister said that a majority of Parliament are also backing separate legislation that seeks to expunge the criminal records of those with minor marijuana convictions. Additional legislative efforts are also “underway to develop a legal framework which will allow the emergence of medical ganja and industrial hemp industries in Jamaica,” Golding said.
Various Jamaican national commissions have previously called on Parliament to enact similar reforms, but lawmakers in the past have largely ignored their recommendations.
Many marijuana smokers were thrilled when Barack Obama became president since he’d previously "outed" himself in his 1995 memoir Dreams From My Father. In his memoir, Obama acknowledges that he and his friends in the "Choom Gang" were regular marijuana smokers during his high school years in Hawaii, a practice he apparently continued while attending Occidental College in LA for two years followed by two years at Columbia University in New York.
This was further confirmed by David Maraniss’ in his 2012 biography titled Barack Obama: The Story, which provided more details and suggested that Obama had been a serious pothead during his youth, favoring local Hawaii strains such as Maui Wowie, Kauai Electric, Puna Bud, and Kona Gold; none of which apparently limited his ability to excel academically, as he was subsequently President of the Harvard Law Review in 1991.
Many of those same smokers became disillusioned when President Obama did nothing to advance legalization during his first term, and on the occasion when the topic was raised by a White House petition or otherwise, he refused to treat marijuana legalization as a serious policy topic, instead making jokes about what all those petition signers must have been smoking – deflecting a question on a hot-button social issue, but it also felt insulting to those of us who smoke.
Perhaps because I have lived in Washington, DC for 48 years and have seen too many administrations come and go, I did not expect Obama to do anything significant to advance marijuana legalization during his first term. Controversial policy changes generally come, if at all, during a president’s second term, when he faces no future elections, and is sometimes willing to risk some of his personal popularity to embrace a policy on principle.
That appears to be precisely what has occurred with Obama.
“Troy Jackson is a man of the people and puts the concerns of the average American above special interests and petty politics,” NORML PAC Manager Erik Altieri commented. “We believe he will be an incredible advocate for the majority of Mainers and Americans nationwide who want to see an end to our wasteful and destructive prohibition on marijuana.”
“It’s clear that medical marijuana is helping countless patients. While we do need to protect the safety of our citizens, too many families have had their lives torn apart by prohibition laws,” states Troy Jackson. “States should have the right to craft a more rational approach if they choose, just as they have the right to do with alcohol.”
Troy Jackson is set to face off against state Senator Emily Cain on June 10th in the 2nd District Democratic Primary. This is notable because Emily Cain has a long record of opposing marijuana law reform and marijuana legalization efforts in the state. In addition to publicly opposing legalization in the press during this campaign, she has voted in opposition to all of the recent attempts to reform Maine’s marijuana laws. Senator Troy Jackson, however, has supported these reforms when they came before him for a vote and will continue to support reform at the federal level in Washington, DC.
Troy has been making a lot of waves in the campaign’s final stretch, with the speech he recently delivered at the Maine Democratic Convention which has gone viral. Commentators have called it a “convention speech for the ages” and “the best speech I’ve ever heard anyone give in Maine.”
We encourage you to check it out to learn more about Troy’s platform here.
More information on the Troy Jackson campaign can be found on his website here.
I am sometimes amazed at the ability of some legalization activists – especially the true believers who want to hold out for full legalization until they can pass a law with no limits on the amount of marijuana an adult can grow or possess, and no limits on who can sell marijuana to whom – to listen to each other and to convince themselves what they are hearing is a reflection of public opinion in this country. This ‘tomato model’, as it is sometimes called, has little appeal beyond those of us who smoke.
Those of us who support marijuana legalization have been thrilled to see the many national polls showing a majority of the country finally support the full legalization of marijuana. According to the Gallup polling organization, 58% of the population now support the legalization, regulation and taxation of marijuana for adults, regardless of why one smokes. The support for legalization, at only 12% when Gallup first asked this question in 1969, the year before NORML was founded, has slowly gained acceptance – with a modest decline in support between 1977 to 1990, followed by a steady increase that finally broke the 50% mark about three years ago. Several other national polls have since confirmed this result.
However, only about 14% of the country are marijuana smokers – 86% are not. The continued support of a majority of those non-smokers is crucial if we are to continue to move full legalization forward across the country.
US House Votes to Prohibit DOJ From Interfering With State Medical Marijuana or Industrial Hemp Programs
After a long debate that had the US House of Representatives in session until after midnight, the lower chamber of Congress cast a historic 219 to 189 vote to restrict the Department of Justice and the Drug Enforcement Administration from using taxpayer funds to interfere in state-sanctioned medical marijuana programs in the 20+ states that have enacted them.
This measure was co-sponsored by Rep. Sam Farr (D-Calif.), Reps. Rohrabacher (R-Calf.), Don Young (R-Alaska), Earl Blumenauer (D-Ore.), Tom McClintock (R-Calif.), Steve Cohen (D-Tenn.), Paul Broun (R-Ga.), Jared Polis (D-Colo.), Steve Stockman (R-Texas), and Barbara Lee (D-Calif.). You can read the full text of the amendment here.
“It would be hard to overstate the importance of tonight’s vote,” said NORML Communications Director Erik Altieri, “Approval of this amendment is a resounding victory for basic compassion and common sense.”
Added NORML Deputy Director Paul Armentano, “This vote marks one of the first times since the passage of the Marihuana Tax Act of 1937 that a majority of the members of a chamber Congress have acted in a manner that significantly alters federal marijuana policy.”
“The conflicting nature of state and federal marijuana laws has created an untenable situation,” co-sponsor Rep. Blumenauer said just before the House debate. “It’s time we take the federal government out of the equation so medical marijuana business owners operating under state law aren’t living in constant fear of having their doors kicked down in the middle of the night.”
The House also approved amendments that prohibit the DOJ and DEA from using funds to interfere with state sanctioned industrial hemp cultivation.
In February, members of Congress approved language (Section 7606) in the omnibus federal farm bill authorizing states to sponsor hemp research absent federal reclassification of the plant. Since then, five states — Hawaii, Indiana, Nebraska, Tennessee, and Utah — have enacted legislation authorizing state-sponsored hemp cultivation. (Similar legislation is pending in Illinois and South Carolina.) In total, more than a dozen states have enacted legislation redefining hemp as an agricultural commodity and allowing for state-sponsored research and/or cultivation of the crop
These amendments were made to the 2015 Commerce, Justice, and Science Appropriations Bill, which now must be approved by the Senate and then signed by President Obama.
NORML will keep you updated on this evolving situation.
The Drug Enforcement Agency is permitting Kentucky farmers to go forward with plans to engage in the state-sponsored cultivation of industrial hemp.
According to the Associated Press, representatives from the federal anti-drug agency late Thursday granted Kentucky regulators permission to import an estimated 250 pounds of hemp seeds.
The agency had previously confiscated the seeds, which Kentucky officials had ordered from Italy. In response, Kentucky’s Agriculture Department sued the agency last week.
After two federal hearings, as well as a face-to-face meeting with Senate Minority Leader Mitch McConnell (R-KY), DEA officials on agreed to authorize the shipment of hemp seeds to go forward — ending the approximately month-long standoff. Kentucky’s first modern hemp planting may occur as soon as this weekend, the Associated Press reports.
In February, members of Congress approved language (Section 7606) in the omnibus federal farm bill authorizing states to sponsor hemp research absent federal reclassification of the plant. Since then, five states — Hawaii, Indiana, Nebraska, Tennessee, and Utah — have enacted legislation authorizing state-sponsored hemp cultivation. (Similar legislation is pending in Illinois and South Carolina.)
Kentucky lawmakers initially approve legislation regulating hemp production in 2013.
According to a 2013 white paper authored by the Congressional Research Service, a “commercial hemp industry in the United States could provide opportunities as an economically viable alternative crop for some US growers.”
A strong majority of Vermonters support regulating the commercial production and retail sales of marijuana for adults, according to a statewide Castleton Polling Institute survey commissioned by the Marijuana Policy Project.
Fifty-seven percent of respondents said that they support “changing Vermont law to regulate and tax marijuana similarly to alcohol, so retailers would be licensed to sell marijuana to adults 21 and older?” Only 34 percent of those survey opposed the notion of legalization.
The Castleton poll possesses a margin or error of +/- 4 percent.
Within the past few months, separate statewide polls in Arizona, California, Connecticut, Georgia, Hawaii, Indiana, Louisiana, Maryland, Massachusetts, Michigan, New Hampshire, Oregon, and Texas have all shown majority support for legalizing the adult consumption of cannabis.
Missouri: Lawmakers Reduce Marijuana Possession Penalties, But Legal Relief Still Remains Years Away
Legislation revamping Missouri’s criminal code became law last Tuesday, absent the signature of Democrat Gov. Jay Nixon.
Lawmakers and advocates spent some eight years drafting the legislation, Senate Bill 491, which significantly revises the state’s criminal code for the first time in over 30 years. Missouri NORML Coordinator Dan Viets served on the Missouri Bar Association Committee that authored many of the criminal code revisions.
Provisions in the measure amend marijuana possession penalties. At present, the possession of up to 35 grams of cannabis is classified as a Class A criminal misdemeanor, punishable by up to a one-year incarceration and a $1,000 fine. Under SB 291, the possession of 10 grams or less of cannabis will be reclassified as a Class D misdemeanor (the lowest criminal classification available), punishable by a fine, but not the possibility of jail time. However, the possession of greater quantities of cannabis will remain a Class A misdemeanor offense.
In 2010, Missouri police made nearly 18,500 criminal arrests for marijuana possession offenses, one of the highest totals in the country.
Separate provisions in the bill amend Missouri’s “prior and persistent drug offender” law. The changes eliminate the mandate that persons convicted of a drug felony offense for the third time are not eligible for probation or parole.
Unfortunately, despite the passage of SB 491, Missouri residents ought not to expect legal relief any time soon. That is because the changes to the Missouri criminal code do not take effect until Jan. 1, 2017. Consequently, local activists are continuing their push for a potential 2016 legalization initiative.
State lawmakers have approved legislation, Senate Bill 155, to fund observational and clinical research assessing the safety and therapeutic efficacy of cannabis. Democrat Gov. John Hickenlooper signed the bill into law today.
The measure establishes a subaccount of up to $10 million within the state’s medical marijuana program fund to be utilized specifically for the purpose of conducting state-sponsored cannabis research. The intent of this new research program is to “gather objective scientific research regarding the efficacy of administering marijuana and its component parts as part of medical treatment.” The law also establishes a ‘scientific advisory council,’ which may include expert participants from around the nation, to evaluate research proposals and make recommendations in regards to funding requests.
“SB 155 invests the dollars collected from medical marijuana fees into a meaningful effort to study the therapeutic and medical benefits of the drug,” stated Democrat Rep. Crisanta Duran, a co-sponsor of the bill, told The Huffington Post. “Patients will benefit from this investment and Colorado will become a national leader in developing medical marijuana research.”
In recent years, only one state — California — has previously earmarked state funding to explicitly sponsor clinical cannabis research. That program, established at various universities statewide, funded numerous clinical trials over the past decade evaluating the efficacy of whole-plant cannabis for a variety of conditions, including multiple sclerosis and neuropathic pain. A review of these trials published in The Open Neurology Journal concluded, “Based on evidence currently available the Schedule I classification is not tenable; it is not accurate that cannabis has no medical value, or that information on safety is lacking.”
Earlier this month, the US Drug Enforcement Administration (DEA) publicly announced in the Federal Register that it is increasing its marijuana production quota from 21 kilograms to 650 kilograms (about 1,443 pounds) in order to meet increasing demand for the plant from clinical investigators.
Federal regulations permit a farm at the University of Mississippi to cultivate set quantities of cannabis for use in federally approved clinical trials. Regulators at the DEA, the US Food and Drug Administration, PHS (Public Health Service), and the US National Institute on Drug Abuse must approve any clinical protocol seeking to study the plant’s effects in human subjects — including those trials that are either state or privately funded.
South Carolina lawmakers have approved legislation, Senate Bill 839, reclassifying varieties of cannabis possessing minute quantities of THC as an industrial crop rather than a controlled substance. The measure states, “It is lawful for an individual to cultivate, produce, or otherwise grow industrial hemp in this State to be used for any lawful purpose, including, but not limited to, the manufacture of industrial hemp products, and scientific, agricultural, or other research related to other lawful applications for industrial hemp.”
Members of the Senate voted 42 to zero in favor of the bill. House members late last week also approved the measure by a vote of 72 to 28. Senate Bill 839 now awaits action by Republican Governor Nikki Haley.
In February, members of Congress approved language (Section 7606) in the omnibus federal Farm Bill (aka the United States Agricultural Act of 2014) authorizing states to sponsor hemp research absent federal reclassification of the plant. Since that time, lawmakers in five states — Hawaii, Indiana, Nebraska, Tennessee, and Utah — have enacted legislation allowing for state-sponsored hemp cultivation.
On Monday, Illinois Senate members unanimously approved similar legislation, House Bill 5085, in their state. Members of the House had previously voted 70 to 28 in favor of an earlier version of the bill. Once both chambers agree to concurrent language, the measure will go to the Governor’s desk.
In total, more than a dozen states have enacted legislation redefining hemp as an agricultural commodity and allowing for state-sponsored research and/or cultivation of the crop.
Last week, Kentucky state officials sued the US Drug Enforcement Administration after the agency refused to turn over a shipment of hemp seeds that were intended to be used as part of a state-approved research program. State officials designed the program to be compliant with Section 7606 of the federal farm bill. A federal hearing in the matter is scheduled for Wednesday, May 21.
According to the U.S. Congressional Resource Service, the United States is the only developed nation that fails to cultivate industrial hemp as an economic crop.
Minnesota House and Senate lawmakers, along with Democrat Gov. Mark Dayton, agreed late last week to legislation that seeks to provide access to limited preparations of cannabis to qualified patients.
The finalized language represents a compromise between dueling House (House File 1818) and Senate bills (Senate File 1641), both of which had passed their respective chambers. On Friday afternoon, House lawmakers approved the compromised bill by a vote of 89 to 40. Members of the Senate voted 46 to 16 for the amended measure, sending it to the Governor’s desk.
Under the plan, state regulators intend to license two producers of cannabis and up to eight distribution centers. To be eligible to participate in the state’s program, patients need to possess a physician’s recommendation and be diagnosed with one of eight qualifying conditions (cancer/cachexia, glaucoma, HIV/AIDS, Tourette’s Syndrome, Amyotrophic Lateral Sclerosis, seizures — including those characteristic of epilepsy, severe and persistent muscle spasms — including those characteristic of multiple sclerosis, and/or Crohn’s Disease) and/or a terminal illness, and be registered with the state Department of Health.
Unlike other state medical cannabis programs, the Minnesota plan does not permit qualified patients to possess or obtain whole-plant cannabis. Instead, the forthcoming law mandates that state-licensed distribution centers provide oils, pills, and/or extracts prepared from the plant. Such products would be subject to laboratory testing for purity and potency. Patients’ health care provider must compile ongoing reports in regards to their patients’ progress.
Cannabis-based preparations are expected to be available to qualified patients by no later than July 1, 2015. Additional details on the forthcoming program are available here.
Earlier this week, the Drug Enforcement Administration ordered that 250 pounds of hemp seed be seized at Louisville Airport in Kentucky. The seeds were being imported by the Kentucky government from Italy to plant at state universities in their hemp pilot program. Kentucky legalized industrial hemp in 2013 and the federal government approved legislation this year that allowed states to engage in limited hemp cultivation.
When the DEA refused to return the seeds under reasonable conditions, the Kentucky Agriculture Department filed suit against the Justice Department, the Drug Enforcement Administration, U.S. Customs and Border Protection and Attorney General Eric Holder.
On Friday, there was a preliminary hearing regarding the lawsuit. During the hearing, U.S. District Judge John G. Heyburn II stated that the DEA must explicitly state what would need to be done for those participating in the pilot program to have the seeds returned. Federal officials responded that the Kentucky Department of Agriculture must fill out a narcotics license in addition to providing memorandum of agreement with the departments of universities planning to cultivate the crop.
In an interview discussing the hearing with the Huffington Post, Kentucky Agriculture Commissioner James Comer stated, “It sounds like a victory, but I’m not going to declare victory until those seeds go in the ground. It was very positive today. But we’ve felt pretty good throughout this entire process over the last several weeks, and the DEA would come back and change again. I’m not celebrating. It will be a victory when I have those seeds in hand.”
Elected officials across the state have voiced their support for the hemp program and decried the actions of federal officials. US Senate Minority Leader Mitch McConnell (R-KY) stated, “It is an outrage that DEA is using finite taxpayer dollars to impound legal industrial hemp seeds.”
According to the Congressional Resource Service, the US is the only developed nation that fails to cultivate industrial hemp as an economic crop. However, in February, members of Congress for the first time approved language in the omnibus federal Farm Bill allowing for the cultivation of industrial hemp in agricultural pilot programs in states that already permit the growth and cultivation of the plant.
The next court hearing is expected to occur on Wednesday, May 21. NORML will keep you updated as the situation evolves.
In the coming days, members of the House of Representatives are expected to debate and vote on budget appropriation legislation for the Department of Justice. Representatives Rohrabacher and Farr will be introducing an amendment to this measure to prevent any of the department’s funding from being used to interfere with medical marijuana programs in states that have approved them.
Twenty-one states — Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Montana, New Hampshire, New Jersey, New Mexico, Nevada, Oregon, Rhode Island, Vermont, and Washington — as well as the District of Columbia have enacted laws protecting medical marijuana patients from state prosecution. Yet in all of these states, patients and providers still face the risk of federal sanction — even when their actions are fully compliant with state law.
It is time that we allowed our unique federalist system to work the way it was intended. Patients, providers, and their state representatives should have the authority to enact laws permitting the medical use of cannabis — free from federal interference.
Please write your members of Congress today and tell them to stop using taxpayer dollars to target and prosecute state-authorized medical marijuana patients and providers. For your convenience, a prewritten letter will be e-mailed to your member of Congress.CLICK HERE TO TAKE ACTION!
“NORML PAC is pleased to announce our endorsement of Wes Neuman for Congress in Florida’s 7th district. Florida needs new, bold leadership and we believe Wes will be a great champion for the cause of marijuana law reform in Washington, DC,” said NORML PAC Manager Erik Altieri, “A vote for Wes Neuman is a vote to end our failed federal prohibition and to begin to move our country towards new, sensible marijuana policies. NORML PAC is delighted to support him in this campaign.”
“Current federal marijuana policies waste taxpayer dollars. It is unacceptable to continue allowing harsh, unrealistic, and unfair laws to squander billions of dollars and ruin thousands of lives,” stated Wes Neuman, “That’s why, as a Member of Congress, I will advance policies to fully legalize, tax, and regulate marijuana, which will reduce government spending and increase tax revenues. Legalizing marijuana will more efficiently allocate and save $17.4 billion annually. In Florida, that’s as much as $440 million per year, which is nearly 100% of what the Florida Department of Education allocated for Student Financial Aid for 2013-2014. This is an easy policy decision.”
You can view an interactive map of the 7th district here and see if Wes will be on your ballot in the upcoming election.
Nine out of ten Connecticut voters support legalizing the use of cannabis for medicinal purposes, and a majority support allowing adults to possess the plant for any purpose, according to the results of a statewide Quinnipiac University poll, released today.
Fifty-two percent of voters support allowing adults “to legally possess small amounts of marijuana for personal use.” Forty-five percent of respondents opposed the idea.
Independents (61 percent), Democrats (52 percent), and men (54 percent) were most likely to endorse legalization, while women (49 percent) and Republicans (38 percent) were least supportive
When asked whether patients ought to be able to access cannabis for medicinal purposes, public support rose to 90 percent. State lawmakers authorized physicians to recommend cannabis therapy in 2012. However, although some 2,000 Connecticut patients are now authorized to use medicinal cannabis, no state-licensed dispensaries are presently operational.
According to the poll, 47 percent of Connecticut voters — including 62 percent of those between the ages of 18 and 29 — acknowledge having tried marijuana.
By a margin of nearly 2 to 1, respondents said that alcohol is “more harmful to society” than cannabis.
Commenting on the poll, NORML Deputy Director Paul Armentano said, “The most remarkable thing about these results is that they are no longer remarkable.”
The Quinnipiac survey possesses a margin of error of +/- 2.4 percentage points.
A new report released this week by the Marijuana Arrest Research Project reveals that marijuana arrests have actually increased in New York City under the new leadership of Mayor De Blasio and Police Commissioner Bratton.
In March 2014, the NYPD performed more marijuana possession arrests than in any month in the last six months under the Bloomberg administration. In fact, March 2014 saw more arrests than in 10 of the 12 months in 2013 under the previous administration. The total number of arrests for first quarter of 2014 are higher than both the third and fourth quarters of 2013.
These arrests also continue the disturbing trend of disproportionately falling on individuals of color. In Brooklyn, in predominately white Park Slope, police made just 7 marijuana possession arrests in the first three months of 2014. In Carroll Gardens and Red Hook they made 12 marijuana arrests in that same time frame. More affluent neighborhoods saw even fewer arrests. In Manhattan, Police only made two marijuana possession arrests in the Tribeca/Wall Street area, one arrest in the Upper East Side, and four arrests in the Upper West Side. The story is quite different in predominately black or latino neighborhoods, where the police made significantly more arrests. In Bedford-Stuyvesant 111 individuals were arrested, 130 in Crown Heights, and 438 in East New York from January to March of this year.
Despite similar use rates across racial groups, 86% of those arrested in the first quarter of 2014 were blacks and Latinos.
Harry Levine, a sociology professor at Queens College, City University of New York, and co-director of Marijuana Arrest Research Project said:
“At 28,000 arrests a year, New York still makes more marijuana possession arrests than any city in the world. Yet the simple possession of marijuana has not been a crime in New York State since 1978. Isn’t it time for these unfair, biased, damaging, often illegal arrests to just stop, now?”