National Conference of State Legislatures Passes Resolution Urging De-Scheduling of Marijuana

(THIS ARTICLE IS COURTESY OF MPP)

 

MPP Blog


National Conference of State Legislatures Passes Resolution Urging De-Scheduling of Marijuana

Posted: 07 Aug 2017 02:40 PM PDT

The National Conference of State Legislatures (NCSL) approved a resolution Monday urging that the Controlled Substances Act should be amended to remove marijuana from scheduling in order to give federally approved banks the ability to work with marijuana businesses. This would also allow states to determine their own marijuana policies without the threat of federal interference. For a resolution to pass, it must be supported by a majority of participating legislators in each of 75% of the states represented at the conference’s general business meeting.

Due to the Schedule I status of marijuana under federal law, federally insured banks risk penalties if they offer financial services to marijuana-related businesses. For that reason, many of these businesses are forced to operate on a cash-only basis, making them a target for criminals. While limited guidance has been issued, which intended to encourage financial institutions to serve marijuana businesses, access to banking remains a problem.

The full resolution can be found here.

MPP’s Karen O’Keefe said the following statement in a press release:

“State legislators and the vast majority of voters agree that marijuana policy should be left to the states,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project, which tracks marijuana policy in all 50 states and lobbies in state legislatures throughout the country.

“Legitimate, taxpaying marijuana businesses should not have to face the difficulties of operating on a cash-only basis. Allowing banks to offer them financial services will be good for the industry and benefit public safety,” O’Keefe continues. “Even more so, states should not have to worry about the federal government interfering with their marijuana policy choices.”

The post National Conference of State Legislatures Passes Resolution Urging De-Scheduling of Marijuana appeared first on MPP Blog.

  

South Dakota Has 90 Days to Collect Enough Signatures for 2018 Ballot

Posted: 07 Aug 2017 10:22 AM PDT

New Approach South Dakota has 90 days to collect the remaining signatures needed to place marijuana initiative measures on the 2018 ballot.

Two petitions are being circulated — one seeks to legalize marijuana for medical uses and the other to legalize certain amounts of marijuana for adult use and to regulate and tax marijuana businesses.

Signatures are tied to the number of votes cast in the state’s most recent gubernatorial election, so each petition needs at least 13,871 signatures by November 2017 to make it on the November 2018 ballot.

To read the petitions and for more information about adding your signature, check out New Approach South Dakota’s website.

The post South Dakota Has 90 Days to Collect Enough Signatures for 2018 Ballot appeared first on MPP Blog.

  

Burning Man and Marijuana Laws

Posted: 07 Aug 2017 10:15 AM PDT

Heading to Burning Man? Here’s what you need to know about Black Rock City’s and Nevada’s marijuana laws.

If you are heading to Burning Man this year, you may be thinking about bringing cannabis to the playa, now that Nevada finally legalized marijuana. Not so fast! Before you head out, there are some important things you need to know:

  • Burning man is held on FEDERAL land, and the Bureau of Land Management will enforce federal law, which unfortunately considers all marijuana possession a criminal offense — even if you have a medial card! BLM may also ticket you for violations of various rules in the “closure order,” though these, thankfully, are civil rather than criminal.
  • “Gifting” marijuana to others is drug trafficking under federal law, even though no money is being exchanged. And if you are caught selling marijuana, or are found in possession of more than 1 oz., you will likely be prosecuted under Nevada law by the local Pershing County Sheriffs, who also patrol Burning Man.
  • Especially important: GATE ROAD is also federal property, and in the past, a lot of the law enforcement activity has occurred while people are driving into the event. Keep in mind that you have fewer rights while driving than you do in your home (or in this case, your tent or RV), and can be stopped for a broken taillight or any other minor infraction by law enforcement, who may ask you for consent to search your vehicle (you have the right to refuse). Any marijuana consumption while on the Gate Road could result in a ticket or charges for DUI or marijuana possession.
  • Before or after Burning Man, when you are not on federal land: Adults ages 21 and older may legally purchase marijuana from retail establishments in Nevada! MPP supported the initiative that made Nevada the fifth of eight states to end prohibition.
  • Public consumption could result in a misdemeanor charge, with a fine of up to $600. And because the casinos’ regulators directed them to follow federal law, you cannot consume in hotel-casinos. MPP and our allies hope to establish safe, legal consumption spaces for tourists, but that won’t happen before Burning Man 2017. But you can consume in private homes, which may include private homes for rent.
  • You should also know that Nevada has very strict laws on driving under the influence of marijuana. There is a “per se” threshold of 2 ng/mL of THC in your blood, meaning that you can be convicted based on a positive test result whether you were impaired or not. If you are a regular marijuana consumer, please note that you can have this amount in your system even if you haven’t consumed in a couple of days.
  • If you do have an encounter with law enforcement, it’s always a good idea to know your rights. In addition, Burning Man would like to know about your experience, and if you get into trouble, you can reach out to the volunteer group Lawyers for Burners for help after you return home.

This legal information is provided as a courtesy and does not create an attorney-client relationship. For legal advice, which is an interpretation of the applicable law to your specific circumstances, we encourage you to consult an attorney. MPP is offering this information as a public service and is in no way affiliated with the Burning Man Project.

The post Burning Man and Marijuana Laws appeared first on MPP Blog.

  

This Long shot Bill Would Encourage States to Legalize Marijuana

(THIS ARTICLE IS COURTESY OF TIME.COM NEWS)

This Long shot Bill Would Encourage States to Legalize Marijuana

11:46 AM ET

Sen. Cory Booker is introducing a longshot bill to incentive states to legalize marijuana.

Legislation unveiled Tuesday from the New Jersey Democrat, who hasn’t ruled out running for president in 2020, would remove cannabis from the federal scheduling system, which currently classifies the substance in the same regulatory class as heroin.

While this would end marijuana’s status as an illegal drug on the federal level, it could still be prohibited on a state or local level. Booker’s bill, called the Marijuana Justice Act, would cut federal money from states with disproportionate marijuana arrest rates for minorities and the poor.

“This is the single most far-reaching marijuana bill that’s ever been filed in either chamber of Congress,” Tom Angell, head of the pro-legalization Marijuana Majority, said in a statement. “More than just getting the federal government out of the way so that states can legalize without DEA harassment, this new proposal goes even further by actually punishing states that have bad marijuana laws.”

Congress is currently under control by Republicans, many of whom adamantly oppose marijuana legalization. In addition, President Trump appointed Attorney General Jeff Sessions, who has made it clear that he intends to ramp up punishment for marijuana possession and use.

But Booker’s legalization bill should be an encouraging sign for advocates. It reflects the country’s changing views on the substance. A CBS News poll in April found that 61% of Americans think marijuana should be legal, 71% think the federal government shouldn’t intervene with states that have legalized it on their own, and 88% support medical use.

New Hampshire House Committee Approves Decriminalization Of Marijuana

 

MPP Blog


New Hampshire House Committee Approves Decriminalization Bill

Posted: 09 Feb 2017 11:37 AM PST

The New Hampshire House Criminal Justice and Public Safety Committee overwhelmingly voted to pass HB 640, a bill that would decriminalize possession of one ounce or less of marijuana. The vote, 14-2, was overwhelming, and it appears very likely that the House will pass HB 640 with a huge margin of support.

The Committee also voted to “retain” HB 656, a bill that would make marijuana legal for adult use. This is a good thing because it means the Committee will be able to study the issue more thoroughly this summer and fall before they vote on the bill in early 2018.

The post New Hampshire House Committee Approves Decriminalization Bill appeared first on MPP Blog.

Adult Use Bills Introduced in Maryland Senate

Posted: 09 Feb 2017 11:28 AM PST

This week, two companion bills that would legalize and regulate personal use amounts of cannabis for adults 21 and up were introduced in the Maryland Senate.

SB 928 would allow adults to possess up to one ounce of cannabis and to grow up to six plants, and would set up regulated businesses that would cultivate, process, and sell cannabis, including a “craft cultivator” category for small businesses. SB 927 sets a $30 per ounce excise tax and 9% sales tax (the same as alcohol). Half of the proceeds would go to high-poverty schools.

Much of the cannabis discussion in the General Assembly is about Maryland’s continuing failure to properly implement its medical program. The Maryland Cannabis Policy Coalition strongly supports making medical cannabis available as soon as possible, but this bill would not impact the medical program — it would set up a parallel system for adults. Every year as the General Assembly waits to pass these reforms, thousands more people are searched, fined, and often arrested for using a substance safer than alcohol.

If you are a Maryland resident, please let your lawmakers know the time has come to allow adults to use cannabis.

The post Adult Use Bills Introduced in Maryland Senate appeared first on MPP Blog.

Jeff Sessions Confirmed as Attorney General

Posted: 09 Feb 2017 09:48 AM PST

On Wednesday, Alabama Sen. Jeff Sessions was narrowly confirmed as the new Attorney General in a 51-47 vote, split largely along party lines.

MPP released the following statement from its federal policies director, Robert Capecchi:

“MPP remains cautiously optimistic that the Trump administration will refrain from interfering in state marijuana laws. When asked about his plans for marijuana enforcement, Attorney General Sessions said he ‘echo[es]’ the position taken by Loretta Lynch during her confirmation hearings. He repeatedly acknowledged the scarcity of enforcement resources, and he said he would ensure they are used as effectively as possible to stop illicit drugs from being trafficked into the country.

“President Trump has consistently said that states should be able to determine their own marijuana laws, and his spokesperson made it clear that the attorney general will be implementing the Trump agenda. We are hopeful that Mr. Sessions will follow the president’s lead and respect states’ rights on marijuana policy.

“A strong and growing majority of Americans think marijuana should be made legal, and an even stronger majority think the federal government should respect state marijuana laws. Eight states have adopted laws that regulate and tax marijuana for adult use, and 28 states now have laws that regulate marijuana for medical use. It would be shocking if the Trump administration attempted to steamroll the citizens and governments in these states to enforce an increasingly unpopular federal policy.”

Sessions was asked about marijuana policy on multiple occasions during the confirmation process. During his oral testimony, he conspicuously refrained from committing to enforce federal marijuana prohibition laws in states that are regulating marijuana for medical and adult use, noting the scarcity of resources available. In his written testimony, he said he “echo[es]” the comments made by former Attorney General Loretta Lynch, when she was asked about marijuana enforcement during her confirmation hearing.

President Donald Trump has consistently said that he supports legal access to medical marijuana and believes states should be able to determine their own marijuana policies. During a January appearance on Fox News Channel, Trump spokesman Sean Spicer signaled that Sessions would adhere to Trump’s position that states should be able to establish their own marijuana policies. “When you come into a Trump administration, it’s the Trump agenda you’re implementing and not your own,” he said. “I think Senator Sessions is well aware of that.”

 

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