New York: Legislation Introduced To Expand Patients’ Medical Marijuana Access

Update: The 2017 legislative session came to a close with lawmakers taking no further action A 8598.
Update: On July 10, A. 8598 was referred to committee.
Legislation is pending in the Assembly, A. 8598, to expand the pool of patients eligible for medical cannabis therapy.

The measure eliminates the state’s limiting list of qualifying conditions. Rather, it leaves the decision of whether to recommend medical cannabis entirely up to the discretion of each individual physician. 

It states, “[M]edical marihuana may be used for a condition, or symptom or complication of the condition or its treatment, for which, in the practitioner’s professional opinion and review of past treatments, the patient is likely to receive therapeutic or palliative benefit from primary or adjunctive treatment.”

Physicians already possess similar discretion when it comes to prescribing pharmaceutical drugs that pose far greater health risks than cannabis. Politicians should not be arbitrarily interfering in this doctor/patient relationship.

Please enter your e-mail below to urge lawmakers to support A. 8598.

National: Tell AAA To Stop Lying About Legalization

Over the first six months of 2017, the American Automobile Association (aka AAA) has been spreading misinformation and propaganda in a lobbying effort to defeat marijuana legalization legislative efforts in Connecticut, Delaware, Maryland, and other states.

As reported by Leafly.com, AAA representatives have recently preyed upon unsubstantiated fears regarding the alleged “increased plague of drugged driving” and the claim that “more babies will be born high” on marijuana in their lobbying efforts against adult use regulatory reforms. The distortions do nothing to advance the public debate surrounding legalization, but they do tarnish the organization’s reputation.  

According to federal data, auto accident fatalities have fallen significantly over the past two decades – during the same time that a majority of US states have legalized marijuana for either medical or social use. In 1996 when California became the first state to legalize medical marijuana, the US National Highway Traffic Safety Administration reported that there were an estimated 37,500 fatal car crashes on US roadways. This total fell to under 30,000 by 2014.

Further, a recently published study in the American Journal of Public Health reports that fatal traffic accident rates in legal marijuana states are no different than those in states where cannabis remains illegal. A separate study published last year in the same journal previously reported that the enactment of medical marijuana legalization laws is associated with a reduction in traffic fatalities compared to other states, particularly among younger drivers.

One would hope that AAA would be nonpartisan in this debate; that they would be the group to separate the facts from the myths so that politicians and law enforcement would be more likely to pursue evidence-based policies with regard to regulating marijuana in a manner that strengthens public safety. Instead they’re largely fearmongering and further politicizing the issue — calling for the continued criminalization and arrest of millions of Americans who choose to use marijuana privately and responsibly. By doing so, they are arguing in favor of the failed criminal justice policies of the past and they are alienating the 60 percent of Americans who endorse the outright legalization of recreational cannabis by adults (Gallup, 2016).

There are areas of public policy where AAA is absolutely in agreement with reform advocates, including NORML. For instance, we both agree that driving under the influence of cannabis should be discouraged and legally prohibited, and that the detection of either THC or its metabolites in blood or urine is not indicative of psychomotor impairment and, therefore, should not be used a legal standard of criminal liability.
Our hope is that some day groups like NORML and AAA can work together to advocate for rational policies that work to keep our roadways safe from the threat of impaired drivers. Specifically, we recognize — as does AAA — that there is a need for greater tools and methods  to more accurately determine whether or not someone is under the influence of cannabis, such as via the use and promotion of handheld performance technology.

Tell AAA that the days of ‘reefer madness’ are over. It’s time for a rational and evidence-based discussion regarding how best to regulate the use of marijuana by adults and how to keep our roads safe.

Please fill out the pre-written letter below and urge AAA to rethink their stance on marijuana policy.

Federal: Amendment To Expand Veterans’ Access to Medical Marijuana

Update: Identical language was introduced in the House by Representative Earl Blumenauer and cosponsored by 9 Republicans and 9 Democrats. House Rules Committee Chairman Pete Sessions blocked the amendment from consideration. 
Update: The Senate Appropriations Committee voted 24-7 to include the amendment as part of the 2018 MilCon-VA bill. 
The Veterans Equal Access Amendment, which would expand medical cannabis access to eligible military veterans, is expected to be offered to the 2018 Military Construction, Veterans Affairs and Related Agencies Appropriations (MilCon-VA) bill. 

Presently, V.A. doctors are forbidden from providing the paperwork necessary to complete a recommendation, thus forcing military veterans to seek the advice of a private, out-of-network physician.
Last year, majorities in both the US House and Senate voted to include similar language as part of the Fiscal Year 2017 MilCon-VA bill. However, Republicans sitting on the House Appropriations Committee elected to remove the language from the bill during a concurrence vote. We must not allow a similar outcome again this year. Lawmakers must stop playing politics with veterans’ health and pass and enact this amendment.

Veterans are increasingly turning to medical cannabis as an effective alternative to opioids and other conventional medications to treat conditions like chronic pain and post-traumatic stress. A retrospective review of patients’ symptoms published in 2014 in the Journal of Psychoactive Drugs reported a greater than 75 percent reduction on a scale of post-traumatic symptom scores following cannabis therapy. This is why, in recent months, two of the largest veterans’ rights groups — AMVETS and the American Legion —  have resolved in favor of patients’ access to cannabis therapy.

Our veterans deserve the option to legally access a botanical product that is objectively safer than the litany of pharmaceutical drugs it could replace.

Enter your information below to urge your Senators to support the Veterans Equal Access Amendment.

Wisconsin: Measure Pending to Reduce Marijuana Possession Penalties

Update: On June 23rd Senate Bill 318 was read for the first time and referred to the Committee on Judiciary and Public Safety.
Legislation is pending to reduce minor marijuana possession penalties.

Under current law, possession of any amount is a misdemeanor that carries up to 6 months in jail and a $1,000 fine if convicted by a plea or trial.

Senate Bill 318 amends state law so that marijuana possession offenses (up to 10 grams) are reduced to a civil offense, punishable by a fine of $100.

The policy proposed by this bill is line with those of numerous other states, including Nebraska and Ohio. Such a change will save taxpayers money and allow police and the courts to re-prioritize their resources toward addressing more serious crimes. 

Minor marijuana possession offenders, many of them young people, should not be saddled with a criminal record and the lifelong penalties and stigma associated with it.

Please contact your elected officials in support of reducing marijuana possession penalties.

California: Marijuana Regulation Implementation Bill Signed By Governor

Update: On June 27 Senate Bill 94 was approved by the Governor.
Members of the state assembly and senate have passed legislation, Senate Bill 94, regarding the implementation of the Adult Use Marijuana Act and make amendments to the Medical Cannabis Regulation and Safety Act.

The legislation imposes various regulatory changes surrounding the licensing of medical and retail facilities.

A summary of some of these changes appears here.

Full text of the bill is here.

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.

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