Federal: Legislation To Protect Medical Marijuana Patients Pending In Senate (CARERS Act)

Update: S. 1374 and HR 2920 were referred to committees
Legislation has been reintroduced in the Senate, The Compassionate Access, Research Expansion, and Respect States (CARERS) Act of 2017, S. 1374/HR 2920 to strengthen protections for those compliant with their state’s medical marijuana laws and to impose various changes to federal law. 

Passage of CARERS 2017 exempts from federal prosecution those who are engaged in the “production, possession, distribution, dispensation, administration, laboratory testing, recommending use, or delivery of medical marijuana” in instances where these activities comport with state law. Separate provisions in Act exclude cannabidiol from the federal definition of marijuana, permit VA doctors to authorize medical cannabis access to qualified patients, and remove undue federal barriers to clinical trial research to better assess the safety and efficacy of medical cannabis. 

According to a 2017 Quinnipiac University National poll, 94% of Americans support the use of marijuana by medical patients. 

Enter your information below to send a pre-written letter to your Senators and Representative to support and co-sponsor the bill.

Massachusetts: Lawmakers Reconcile Question 4 Rewrite Bills

Update: Lawmakers reconciled the House and Senate implementation bills on July 16. The reconciled language, H 3818, imposes a new statewide excise tax of 10.75 percent on top of a 6.25 percent sales tax. Cities also have the option to impose an additional 3 percent tax. Medical marijuana sales will not be subject to taxation. The measure limits the ability of local communities to ban retail facilities if a majority of voters approved Question 4, but makes it easier for communities to do so if they previously opposed the initiative. It also expands patients’ access to medicinal cannabis by permitting nurses and physicians’ assistants the ability to recommend cannabis therapy. The measure now goes to the Governor’s desk for his signature.
Update: Lawmakers on Monday, July 10, reconvened reconciliation hearings regarding dueling House and Senate bills to implement Question 4. Please continue to contact your elected officials using the letter below to urge them to reject proposed House changes to the voter-approved law.
Update: H.3776 was amended by the Senate and failed to pass. On June 23rd, a Conference Committee was established to reconcile the differences to change the rules to Question 4. Contact your elected officials now to tell them to implement the law as soon as possible in a manner that respects the outcome of the election. Contact your legislators via email below or click here to find your representatives and give them a call to express your support for the Senate version and opposition to the House bill. 
Update: The House members reintroduced and passed their version of the Question 4 rewrite on June 21, by a vote of 126 to 28. The bill, which NORML opposes, raises taxes of marijuana sales to as much as 28 percent and also gives municipal officials, rather than voters, final say in deciding whether to have retail facilities in their neighborhoods. The House vote sets up a showdown with the Senate, which is deliberating over their own much more modest implementation bill, S.2097 — one that is supported by the Yes on 4 campaign. MassCann/NORML held a “Kill The Bill Rally at the capital on June 21. 
Update: The Senate released their own version of new rules on June 16 which is supported by the Yes On 4 campaign. 
“The House bill repeals the will of the voters–literally,” Jim Borghesani of the Yes on 4 campaign told WBZ NewsRadio 1030’s Carl Stevens. “They repeal what happened in November of 2016, and replace it with a bill that would be unworkable and that would likely result in significant delays.”
Update: Governor Charlie Baker has expressed skepticism regarding the proposed tax increase.
You have spoken. Are your elected officials listening?
On Election Day, 54 percent of voters decided in favor of Question 4: The Regulation and Taxation of Marijuana Act – permitting adults to legally grow and to possess marijuana for personal use, while also establishing regulations governing commercial cannabis cultivation and capping taxes on retail sales.
Your message could not have been any clearer: It is time to legalize and regulate the adult use of marijuana.

But it has become apparent that some powerful politicians and bureaucrats wish to ignore voters’ will and rewrite history.

Lawmakers have already unduly delayed the implementation of the law. Now they are moving to change the law altogether.
Members of the House have introduced and passed legislation significantly amending The Regulation and Taxation of Marijuana Act. Among proposed changes to the law:
The bill would more than double taxes on retail cannabis sales, from 12 percent to as much as 28 percent;
The bill would strip local control away from municipal voters and unilaterally give local government officials the power to decide whether or not to ban marijuana facilities in their communities;
The bill would restrict the kinds of marijuana edibles products that may be sold and purchased by adults.
Voters knew full well what they were voting for on Election Day. And now it is time for politicians to respect it.

Visit Massachusetts NORML to learn more about what you can do in your state.
Please use the pre-written letter below to demand your lawmakers and Gov. Baker abide by the will of the voters. 

Nevada: Governor Signs Bill Imposing New Marijuana-Related Taxes

Governor Brian Sandoval has signed legislation, Senate Bill 487, imposing new tax rates on marijuana-related business transactions.
The measure imposes an excise tax of 15 percent on wholesale cannabis sales to both medical and recreational facilities. The measure also imposes an additional ten percent retail sales tax on marijuana or marijuana-related products sold at retail (non-medical) facilities. Revenue from sales taxes will be earmarked to the state’s ‘rainy day’ reserve fund.
Full text of the law is here. 
While NORML generally does not oppose the imposition of reasonable taxation rates on retail cannabis sales, the organization opposes taxes on medical cannabis related transactions.

Vermont: Governor/Leadership Agree to Compromise Depenalization Measure, House Balks

Update: House Republicans blocked consideration of the bill, as reported by the Burlington Free Press. Nearly all House Republicans, who hold 53 seats, voted against the rule suspension for consid ering the marijuana measure. The bill would have allowed adults to possess 1 ounce or less of marijuana, plus two mature or four immature marijuana plants, beginning in July 2018.
Update: The majority of Senate members approved the new depenalization measure on Wednesday, June 21 — on the first day of the special session. The measure awaits action from the House tomorrow. It is unclear at this time whether House members will suspend the rules to debate the bill. Please call your House member now and urge that they allow debate on this important marijuana law reform legislation.
Update: Governor Scott and legislative leaders have agreed to a compromise depenalization measure. Lawmakers now need to gain two-thirds agreement among lawmakers in order to suspend House rules so that the issue can be further debated in this week’s special session.
Update: Lawmakers have sent a revised depenalization bill to Gov. Scott for his consideration during a special legislative session. The bill would eliminate criminal and civil penalities regarding the possession of up to one ounce of cannabis and/or the cultivation of two mature plants. The bill also imposes civil fines for marijuana use while in a vehicle. 
Republican Gov. Phil Scott on Wednesday, May 24, vetoed legislation, Senate Bill 22 that sought to eliminate criminal and civil penalties for the adult use and possession of marijuana. 
The Governor said that he did not support the legislation as written, but that remains open to working with lawmakers over the summer on ways to amend the state’s cannabis policies. Make sure that he does so. 
Please contact the Governor, as well as your members of the House and Senate, in support of a legislative compromise that will free responsible Vermont adults from the threat of criminal arrest or civil fines for possessing personal use amounts of marijuana.
Fifty-seven percent of Vermont voters support “allowing adults who are 21 or older to use, possess, and securely grow marijuana.” Please continue to urge lawmakers to implement the will of the people.

Nevada: Governor Vetoes Bill Vacating Past Marijuana Convictions

Governor Brian Sandoval vetoed legislation, Assembly Bill 259, that sought to allow minor marijuana offenders to vacate and seal their past convictions.
The measure stated: “If a person has been convicted of a misdemeanor for the possession of 1 ounce or less of marijuana in violation of subsection 4 of NRS 453.336 or for a violation of any other provision of law concerning an offense involving marijuana, if the act constituting such an offense is a lawful act in this State on or after January 1, 2017, the person may petition the court … for an order: (a) Vacating the judgment; and (b) Sealing all documents, papers and exhibits in the person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.”
Members of the Assembly voted 27 to 15 in favor of the bill. Members of the Senate voted 12 to 9 in support of its passage.
Governor Sandoval vetoed the measure on June 12.

Medical Marijuana as an Alternative to Opioids

Update: On June 13, Deputy Attorney General Rod Rosenstein said “I’ve talked to Chuck Rosenberg, the administrator of the DEA and we follow the law and the science. And from a legal and scientific perspective, marijuana is an unlawful drug. It’s properly scheduled under Schedule I. And therefore we have this conflict.” The Schedule I classification stipulates that “with no currently accepted medical use and a high potential for abuse.” 
Friday, June 16, the Office of National Drug Control Policy held it’s first meeting of President Trump’s “Commission on Combating Drug Addiction and the Opioid Crisis.”

The Commission is tasked with making recommendations for improving the Federal response to opioid misuse and abuse.

Best evidence informs us that medical marijuana access is associated with reduced levels of opioid-related abuse, hospitalization, and mortality. For example, a widely publicized study in the esteemed Journal of the American Medical Association, Internal Medicine reports that the enactment of medical marijuana legalization laws is associated with year-over-year reductions in opioid analgesic overdose mortality. Overall, researchers determined, “States with medical cannabis laws had a 24.8 percent lower mean annual opioid overdose mortality rate compared with states without medical cannabis laws.” A similar review by investigators at the RAND Corporation determined, “[S]tates permitting medical marijuana dispensaries experience a relative decrease in both opioid addictions and opioid overdose deaths compared to states that do not.”

Medical cannabis access is also associated with reduced prescription drug spending. Investigators at the University of Georgia assessed the relationship between medical marijuana legalization laws and physicians’ prescribing patterns in 17 states over a three-year period. Specifically, researchers assessed patients’ consumption of and spending on prescription drugs approved under Medicare Part D in nine domains: anxiety, depression, glaucoma, nausea, pain, psychosis, seizures, sleep disorders, and spasticity.

Authors reported that prescription drug use fell significantly in seven of the nine domains assessed. “Ultimately, we estimated that nationally the Medicare program and its enrollees spent around $165.2 million less in 2013 as a result of changed prescribing behaviors induced by … jurisdictions that had legalized medical marijuana,” they concluded. A follow up study by this same team reported this year, “If all states had had a medical marijuana law in 2014, we estimated that total savings for fee-for-service Medicaid could have been $1.01 billion.”

Nonetheless, this administration continues to express skepticism with regard to the safety and efficacy of medical marijuana. It’s time they learn the facts!

Send the pre-written letter below to the ONDCP Commission to educate them to the positive role that cannabis access plays in curtailing opioid abuse. You can also contact the commission at (202) 395-6709.

 

New York: Legalization Measure Introduced to Legislature

Update: The 2017 legislative session came to a close with lawmakers taking no further action on S3040A and A. 3506B. 
Senator Liz Krueger (D-Manhattan) and Assemblymember Crystal Peoples-Stokes (D-Buffalo) have introduced a substantially amended version of the Marijuana Regulation and Taxation Act (MRTA) (Senate Bill S3040A/A. 3506B), which would reestablish a legal market for marijuana in New York and create a system to tax and regulate marijuana in a manner similar to alcohol and the craft brewery industry for adults over the age of 21. 
Over the past twenty years, many New Yorkers have been negatively affected by the harms of prohibition in New York. With people of color accounting for nearly 85% of those arrested annually, the MRTA directs the benefits of taxing and regulating marijuana to these communities. Because structural racism is ingrained in marijuana prohibition, it’s important that the MRTA both ends marijuana prohibition and promotes racial justice.
Significant steps are taken in the amended MRTA to ensure racial justice and a small business-friendly industry, including:
● Creating a micro-licensing structure, similar to New York’s rapidly growing craft wine and beer industry, which allows small-scale production and sale plus delivery to reduce barriers to entry for people with less access to capital and traditional avenues of financing.
● Establishing the Community Grants Reinvestment Fund, which will invest in communities that have been disproportionately impacted by the drug war through job training, economic empowerment, and youth development programming.
● Ensuring diversity in New York’s marijuana industry by removing barriers to access like capital requirements and building inclusivity by allowing licensing to people with prior drug convictions. Only people with business-related convictions (such as fraud or tax evasion) will be explicitly barred from receiving licenses.

Enter information below to contact your lawmakers and urge them to support this important legislation. 
Connect with Empire State NORML and follow them on Facebook, and Twitter. 

Nevada: Governor Signs Hemp Expansion Law

Governor Brian Sandoval has signed legislation, Senate Bill 396, expanding the state’s hemp law to permit broader commercial cultivation of the crop.

The new law permits regulators to license growers to engage in hemp cultivation and to produce edible products derived from hemp.

Under a 2015 law, hemp could only be produced as part of a university-sponsored pilot program.

Oregon: Legislation Pending To Permit Social Use

Update: SB 307 was referred to committee upon adjournment on July 7th.
Update: SB 307 had it’s most recent public hearing on May 30th. 
Legislation has been introduced, SB 307 to create a regulatory framework which would allow adults to consume marijuana in a regulated, social setting. 
The bill is modest and requires approval from local government officials while limiting consumption to outdoor locations.
Importantly, it provides a safe, regulated alternative to parks, sidewalks, and alleys, where consumers may end up, even when prohibited by law.
Enter your information below to contact your elected officials in support of SB 307.

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