South Dakota: Legislation Pending to Eliminate Internal Possession Offenses

Update: SB 129 was killed in the Senate on Tuesday February 21.
More than a dozen lawmakers are backing legislation, Senate Bill 129, to eradicate the state’s marijuana possession by ingestion law.

Under the law, one can be charged with a felony drug offense if their past use of a marijuana shows up on a blood or urine test. In the case of cannabis, byproducts of THC may be detectable for several weeks after one has ceased using it.

The measure does not amend penalties for the physical possession of marijuana.

The 2001 law was upheld by the state Supreme Court in 2004.

South Dakota is one of the only states that criminalizes the internal possession of marijuana or other controlled substances, and it is the only state that defines the activity as a felony offense.
For more information, visit South Dakota NORML to learn what you can do in your area. 

Please use the pre-written letter below to urge lawmakers to vote ‘yes’ on SB 129.

Tennessee: Legislation Seeks to Nullify Citywide Decriminalization Ordinances

Update: HB 173 was signed into law by the Governor on April 12.

Update: Members of the Senate passed HB 173 on March 28. It now goes to the Governor who has indicated that he will likely “defer to the will of the Legislature” and not veto the bill.

Update: Members of the House have passed HB 173 by a vote of 65 to 28 March 23. The measure now awaits action from the Senate.

Update: HB 173 has been passed out of subcommittee and now awaits action by the full House Criminal Justice Committee.

Legislation is before the Governor, HB 173, to nullify the enactment of citywide marijuana decriminalization ordinances and to prevent additional municipalities from enacting similar marijuana reform measures.

The intent of the bill is to override the passage of recent citywide measures in Nashville and Memphis — both of which passed local ordinances last year making minor marijuana possession offenses a non-arrestable citation. 

By contrast, state law classifies marijuana possession as a criminal misdemeanor, punishable by up to one year in jail and a criminal record.

Please urge Gov. Bill Haslam to veto this measure and to allow cities the flexibility to decide their own marijuana policies. 
 

Bill Seeks to Reschedule Marijuana Under the CSA

Update: An additional bill which would reschedule marijuana to a Schedule III drug, HR 2020. 
Legislation is pending in the US House, HR 715, to amend the Controlled Substances Act so that marijuana is no longer classified as a Schedule I controlled substance and so that cannabidiol (CBD) is excluded from the federal definition of cannabis.

Cannabidiol is a non-mood altering constituent in the marijuana plant that possesses a variety of therapeutic effects, particularly anti-seizure properties. Over a dozen states recognize by statute that CBD is safe and therapeutically effective.

Further, the cannabis plant’s schedule I classification has long been inconsistent with the available evidence. Most recently, the National Academy of Sciences, Engineering, and Medicine released a comprehensive report acknowledging that “conclusive or substantial evidence” exists for cannabis’ efficacy in patients suffering from chronic pain, multiple sclerosis, and other conditions. This finding is incompatible with the plant’s Schedule I status, which opines that it possess “no accepted medical use in the United States.” Twenty-nine states now permit physicians to authorize marijuana therapy to qualified patients.

While simply rescheduling marijuana under federal law, rather than descheduling it entirely, will not end federal prohibition, it will bring about some needed changes in law. At a minimum, it would bring an end to the federal government’s longstanding intellectual dishonesty that marijuana ‘lacks accepted medical use.’ It would also likely permit banks and other financial institutions to work with state-compliant marijuana-related businesses, and permit employers in the cannabis industry to take tax deductions similar to those enjoyed by other businesses. Rescheduling would also likely bring some level of relief to federal employees subject to random workplace drug testing for off-the-job cannabis consumption.

Other provisions in the measure seek to remove federal regulations restricting cannabis research and seek to limit federal interference in state-authorized medical marijuana programs.

For these reasons, we urge your support for HR 715 while also recognizing that ultimately cannabis must be removed from the Controlled Substances Act altogether. Passage of HR 715 is a first step in this process.

Wyoming: Legislation Introduced to Legalize Marijuana for Adult Use

Update: HJR 11 was tabled on February 3. It will not be considered any further this session. 
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Wyoming lawmakers are debating HJR 11, a joint resolution to legalize marijuana for adults over the age of 21.

This resolution legalizes and regulates the commercial cultivation and retail sale of marijuana to adults over the age of 21. Under this measure, adults would be able to legally possess up to three ounces of cannabis and grow up to six plants in the privacy of their home.

Support for legalization in Wyoming is growing year after year. 

It is time to stop ceding control of the marijuana market to untaxed criminal enterprises and for lawmakers to implement common-sense regulations governing cannabis’ personal use by adults and licensing its production.

Enter your information below to contact your lawmakers and urge them to support HJR 11.
For more information, visit Wyoming NORML to learn what you can do in your area.

Kansas: Support Comprehensive Medical Marijuana Reform

Update: Members of the Committee on Federal and State Affairs decided on March 10 to move forward with substitute language which only permits physicians to recommend “non-intoxicating cannabinoid medicines.” Based on these changes, NORML is now of the belief that HB 2152 is a better alternative for patients.
Update: A hearing was held to debate and discuss SB 155 on February 20.
Legislation is pending before lawmakers, SB 155, to establish regulations governing a comprehensive medical marijuana program.

SB 155 would permit qualified patients to grow their own medical marijuana or to obtain it from a licensed dispensary, while also educating physicians who seek to recommend cannabis therapy.

Kansas is one of fewer than a dozen US states that has taken no action to reform its medical marijuana laws. Please urge your House and Senate lawmakers to support these comprehensive legislation.

Additional information is available from http://www.bleedingks.org.
A separate, more narrow measure — SB 178 — is also pending. You can read the full text of the measure here.

New Hampshire: Marijuana Legalization Legislation Pending Before House Lawmakers

Update: HB 656 has been “retained in committee” and will not receive further consideration.
Legislation is making its way through the New Hampshire House, HB 656, to legalize, regulate, and tax marijuana for adult use.
Members of the House Committee on Criminal Justice and Public Safety heard testimony regarding the bill on Wednesday, February 2, at 2pm. 

Police in New Hampshire arrest some 2,900 individuals annually for simple marijuana possession offenses. The continued criminalization of adult marijuana use is out-of-step with the views of New Hampshire adults, 62 percent of whom now endorse legalizing and regulating cannabis, according to a 2016 WMUR Granite State Poll.

Despite more than 70 years of federal marijuana prohibition, Americans’ consumption of and demand for cannabis is here to stay. It is time for state lawmakers to acknowledge this reality. It is time to stop ceding control of the marijuana market to untaxed criminal enterprises and it is time for lawmakers to seriously consider common-sense regulations governing cannabis’ personal use by adults and licensing its production.

In addition to the legislation in the House, Senator Jeff Woodburn announced his plans to introduce a bill that includes a firm date to legalize medical and recreational marijuana in New Hampshire. Although a legalization bill has passed through the House in the past, the Senate has met stiff resistance and Woodburn’s powerful backing of a bill is a boost that New Hampshire will join the states who are already benefiting from legalization.

Enter your information below to contact your House Representative and urge them to support this legislation. 

Maryland: Constitutional Amendment introduced to Legalize Marijuana

Update: The House held a hearing about HB 1236 on March 3 at 1pm, and a hearing about SB 891 on March 2 at 1pm.
Update: A new Goucher poll cites that 58% of Marylanders support marijuana legalization and only 36% oppose it.
HB 1236 and it’s companion bill SB891 would amend the Maryland Constitution to ensure citizens have the right to possess, smoke, and cultivate marijuana.
The Amendment would also require the General Assembly to establish a regulatory structure for “the transfer of cannabis by purchase or sale.”
If enacted, the law would legalize the possession of up to two ounces and the cultivation of up to six plants.
However, as a constitutional amendment, the initiative requires a three-fifths majority in both houses of the Maryland General Assembly followed by approval by the voters of Maryland.
According to a recent poll by the Washington Post, 63% of Maryland registered voters support the legalization of marijuana for personal use. 
Please enter your information below and urge your lawmakers to support this important legislative effort.

Arkansas: Oppose The Legislation To Indefinitely Delay Medical Marijuana Implementation

Update: Senate Bill 238 has been tabled and will not receive further action this session.
Senate legislation is pending, SB 238, to indefinitely halt the enactment of the state’s voter-initiated medical marijuana law. 

Specifically, the measure states that Arkansas patients may not legally access medical marijuana until the substance has been federally legalized. 

This arrogant piece of legislation is a direct attempt to undermine an election outcome. Fifty-three percent of voters decided in November in favor of Issue 6, the Arkansas Medical Marijuana Amendment. State lawmakers have responsibility to abide by the will of the people, to do so in a timely manner, and to not let patients needlessly suffer.

Please use the pre-written letter below to tell your lawmakers to reject SB 238 and other legislative efforts to undermine the will of the people.

Arkansas: Oppose Bill To Impose Presumptive THC Impairment Standards

Update: Lawmakers failed to move SB 130 out of committee. No action will be taken on this measure this legislative session.
SB 130 prohibits individuals from operating a motor vehicle if they have 5 or more nanograms of THC per milliliter in their blood. NORML opposes  this proposal.

The presence of low levels of THC in blood is an inappropriate and inconsistent indicator of psychomotor impairment. No less than the United States Traffic Highway Safety Administration (NHTSA) agrees, stating, “It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects. … It is inadvisable to try and predict effects based on blood THC concentrations alone.” 

It should not be presumed that the detection of THC is predictive of psychomotor impairment and such a presumption should not be codified in Arkansas traffic safety statutes. The imposition and enforcement of this measure risks inappropriately convicting unimpaired subjects of traffic safety violations.

Enter your information below to let your Senator know that you oppose this unscientific proposal.

Arkansas: Governor Signs Legislation Limiting Medical Cannabis Smoking

Update: A modified version of HB 1400 was signed into law. Act 740 prohibits the smoking of marijuana in any place where smoking tobacco is prohibited, in the presence of a child under age 14 or a pregnant woman, in a motor vehicle, and in a place where it could affect a person not authorized to use marijuana. It also bans anyone under age 21 from smoking medical marijuana. You can read the Act here.
Update: HB 1400 passed the House and Senate and is being transmitted to the Governor.
Update: Senate members voted 15 to 10 on March 6 to reject SB 357. Although the sponsor has indicated his intent to bring the issue up again, this Senate vote represents a significant victory for patients and voters.
Update: SB 357 was returned by the committee with recommendation that it Do Pass.
Update: House Bill 1400 has been filed and referred to committee.
Update: The Senate version of this bill, SB 357, has passed Committee and now awaits action on the Senate floor.
Legislative efforts are pending to amend the state’s voter-initiated medical marijuana law in a manner that would restrict qualified patients from smoking herbal preparations of the plant. Republican Gov. Asa Hutchinson indicates that he favors the plan. 

NORML opposes this effort to fundamentally change the law for the following reasons.

The inhalation of herbal cannabis is associated with the rapid onset of drug effect while the oral consumption of other preparations, such as oils, extracts, or pills, is associated with significantly delayed onset. For patients seeking rapid relief from symptoms, such as those suffering from severe nausea, seizures, or spasms, inhaling herbal cannabis is the fastest and most effective route of administration. Inhaling cannabis also permits patients to better regulate their dose.

Further, the effects of orally ingested cannabis are far less predictable in comparison to inhaled cannabis. This is because there exists far greater variability in the ways that marijuana is metabolized when it is consumed orally — meaning that patients may experience disparate and even dysphoric effects from dose to dose, even in instances where the dose is standardized. 

Finally, many alternative forms of cannabis delivery, like lozenges and tinctures, have not been subject to clinical testing for safety and efficacy. By contrast, hundreds of controlled trials exist regarding subjects’ inhalation of cannabis. For instance, an exhaustive report released by the National Academies of Sciences in January determined  that there is “conclusive” evidence that the use of whole-plant cannabis is “effective for the treatment of chronic pain.”

Please use the pre-written letter below to inform lawmakers and the Governor that these proposed restrictions unnecessarily limit patients’ choices and deny them the ability to obtain rapid relief from whole-plant cannabis in a manner that has long proven to be relatively safe and effective.

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