New York Health Dept. Proposes Medical Marijuana Improvements

(THIS ARTICLE IS COURTESY OF THE MPP WEBSITE)

 

New York Health Dept. Proposes Medical Marijuana Improvements

 Aug 10, 2017  


The New York Department of Health proposed additional changes to the state’s medical marijuana program today. While the official proposed regulations will not be released until August 23, the changes appear to be very positive. Once the rules are released, the public will have 30 days to comment.
New forms of medicine would be allowed, including topicals and chewable lozenges, as well as “[c]ertain non-smokable forms of ground plant material,” which will hopefully be clarified in the full text of the regulations. Having whole plant cannabis available for vaporization could dramatically reduce prices for patients, and we will seek to make sure it’s permitted.
Other changes would reduce burdens on medical professionals, hopefully encouraging more of them to participate. For more information and the complete list of proposed changes, you can read the Department of Health’s full announcement.

Marijuana: New Hampshire Adds Chronic Pain to Qualifying Conditions

(THIS ARTICLE IS COURTESY OF THE MPP WEBSITE)

 

New Hampshire Adds Chronic Pain to Qualifying Conditions

 Aug 17, 2017  


New Hampshire’s therapeutic cannabis law is finally expanding to include patients who suffer from chronic pain. HB 157 went into effect on Tuesday, adding “moderate to severe chronic pain” as a qualifying condition. This new law will allow many more Granite Staters to use cannabis as an alternative to prescribed opioids — a critically important reform for a state that is struggling to turn the tide against opiate addiction.

Until this week, patients could only qualify with a pain diagnosis if their pain was deemed to be “severe” and related to one of the specific medical conditions provided for in the law. As a result, it was much easier for medical providers to prescribe opioids than to certify patients for therapeutic cannabis. Patients who would like to apply now that the law has changed can access the updated application forms here.

For those who are waiting for the addition of post-traumatic stress disorder (PTSD), that is scheduled to take effect on August 27.

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.

  

Bill to Regulate Marijuana Introduced in New Jersey

(THIS ARTICLE IS COURTESY OF THE MPP NEWS)

Bill to Regulate Marijuana Introduced in New Jersey

May 22, 2017 , , , ,


Last week, Senator Nicholas Scutari (D) introduced his long-awaited bill that would end marijuana prohibition in New Jersey and replace it with a system that regulates and taxes cannabis similarly to alcohol. Please contact your lawmakers and urge them to support S3195.

While Gov. Chris Christie has made no secret of the fact that he would veto such a bill, he is leaving office in January 2018. It’s important to get New Jersey’s lawmakers to discuss this important policy and show their support of ending prohibition now, so that change can happen quickly once a new governor is in office. While Sen. Scutari’s bill doesn’t include every provision in MPP’s model bill — notably not allowing for home cultivation — it would be a dramatic improvement over the status quo. One noteworthy provision would allow people with marijuana possession convictions to expunge their records immediately.

Despite someone being arrested for marijuana possession every 22 minutes in New Jersey, prohibition hasn’t stopped cannabis use, and it has disproportionately impacted African-Americans. If you are a New Jersey resident, please ask your legislators for their support in ending this failed policy.

Texas Advocates Release TV Ad Featuring Active Duty Police Officer and Victim of Marijuana Prohibition

(THIS ARTICLE IS COURTESY OF THE MPP WEBSITE)

Texas Advocates Release TV Ad Featuring Active Duty Police Officer and Victim of Marijuana Prohibition

May 04, 2017 , , , , , ,, , , ,


A television ad in support of a bill to reduce marijuana penalties in Texas will begin airing Friday, just days before the state House of Representatives is expected to vote on the measure. It can be viewed here.

The 30-second spot features Nick Novello, an active duty police officer and 23-year veteran of the Dallas Police Department, and Heather Jackson of Houston, an ovarian cancer survivor who was arrested for possession of a small amount of marijuana in El Paso in 2007.

“Arresting people for marijuana possession does not make our communities any safer,” Novello says in the ad. “It’s a terrible waste of police resources.”

Jackson notes that she was found with less than one gram of marijuana and spent a total of four days in jail. She was initially jailed for two days. She was forced to spend an additional two days in jail because she violated the terms of her probation by traveling from El Paso to Houston for treatment at MD Anderson Cancer Center.

“It has affected so many different things in my life,” Jackson says in the ad. She now has a criminal record that has prevented her from getting a teaching job.

The ad concludes by urging viewers to tell their legislators to support HB 81, a bipartisan bill that would remove the threat of arrest, jail time, and a criminal record for possession of up to one ounce of marijuana and replace them with a civil fine of up to $250. A fourth offense would result in a misdemeanor punishable by only a fine. The measure passed out of the House Criminal Jurisprudence Committee last month and is expected to receive a full vote in the House next week.

The ad is scheduled to air through Monday in Austin and through the weekend in Dallas-Fort Worth and Houston on CNN, Fox News Channel, and MSNBC.

West Virginia Legislature Votes To Legalize Medical Marijuana ‘As Soon As Possible’

 

MPP Blog


WV Legislature Approves Medical Marijuana Bill

Posted: 07 Apr 2017 12:34 PM PDT

 West Virginia is on the verge of becoming the next state with an effective medical marijuana law!

The bill received final approval in the West Virginia Legislature on Thursday and is headed to the desk of Gov. Jim Justice. He has publicly expressed support for legal access to medical marijuana and is expected to sign the bill into law, making West Virginia the 29th state to adopt an effective medical marijuana law.

SB 386, titled the West Virginia Medical Cannabis Act, charges the Bureau of Public Health with regulating medical marijuana growers, processors, and dispensaries. Patients with specifically listed qualifying medical conditions will be allowed to use extracts, tinctures, and other preparations of marijuana, but not marijuana in flower or leaf form. This differs from the original version of the bill and the medical marijuana programs in most other states. A summary of SB 386 is available at http://bit.ly/2nbUAq3.

MPP issued the following statement in a press release:

“Some of the House amendments to the bill are concerning, but it still has the potential to provide relief to thousands of seriously ill WestVirginians,” said Matt Simon of the Marijuana Policy Project, who is a West Virginia native and graduate of West Virginia University. “We commend the Legislature for passing this compassionate and much-needed legislation, and we encourage Gov. Justice to sign it into law.

“This will be an important and, in some cases, life-saving program,” Simon said. “It is critical that the state implement it promptly. We are committed to working with officials to make sure the program is as effective as possible and to get it up and running in a timely fashion. Many patients cannot afford to wait much longer.

The post WV Legislature Approves Medical Marijuana Bill appeared first on MPP Blog.

No Government Has The Right To Make God Given Herb’s Illegal: Same As With Wine

 

MPP Blog


Governors Urge Trump Administration to Respect State Marijuana Laws

Posted: 06 Apr 2017 02:28 PM PDT

 Governors of the first four states that legalize marijuana for adults sent a letter to Trump administration officials this week asking them to respect their states’ marijuana laws.

In the letter, Alaska Gov. Bill Walker, Colorado Gov. John Hickenlooper, Oregon Gov. Kate Brown, and Washington Gov. Jay Inslee ask Attorney General Jeff Sessions and Treasury Secretary Steven Mnuchin to adhere to Department of Justice’s 2013 Cole Memorandum and Financial Crimes Enforcement Network (FinCEN) guidance, which were distributed under the previous administration.

Some key excerpts are below, and you can read the full letter here.

As governors of states that have legalized marijuana in some form, we ask the Trump Administration to engage with us before embarking on any changes to regulatory and enforcement systems. The balance struck by the 2013 Department of Justice Cole Memorandum (Cole Memo) has been indispensable – providing the necessary framework for state regulatory programs centered on public safety and health protections.

[W]e have committed to implementing the will of our citizens and have worked cooperatively with our legislatures to establish robust regulatory structures that prioritize public health and public safety, reduce inequitable incarceration and expand our economies.

The Cole Memo and the related Financial Crimes Enforcement Network (FinCEN) guidance provide the foundation for state regulatory systems and are vital to maintaining control over marijuana in our states. Overhauling the Cole Memo is sure to produce unintended and harmful consequences. Changes that hurt the regulated market would divert existing marijuana product into the black market and increase dangerous activity in both our states and our neighboring states.

The Cole Memo and FinCEN guidance strike a reasonable balance between allowing the states to enact reasonable regulations and the federal government’s interest in controlling some of the collateral consequences of legalization.

The post Governors Urge Trump Administration to Respect State Marijuana Laws appeared first on MPP Blog.

Federal Lawmakers Introduce Sweeping Marijuana Policy Legislation

(THIS ARTICLE IS COURTESY OF MPP)

 

MPP Blog


Federal Lawmakers Introduce Sweeping Marijuana Policy Legislation

Posted: 30 Mar 2017 02:30 PM PDT

Legislation was introduced in the Senate and House of Representatives on Thursday that would end marijuana prohibition at the federal level and replace it with a system in which marijuana is regulated and taxed similarly to alcohol.

Bills filed by Sen. Ron Wyden (D-OR) and Rep. Jared Polis (D-CO) would remove marijuana from the Controlled Substances Act, leaving states to determine their own marijuana policies, and impose federal regulations on marijuana businesses in states that choose to regulate marijuana for adult use. Wyden’s bill would also enact a federal excise tax on marijuana products. In the House, the tax is being proposed in a separate bill introduced by Rep. Earl Blumenauer (D-OR).

Wyden and Blumenauer also filed marijuana policy “gap” bills that would eliminate many of the collateral consequences associated with federal marijuana convictions without removing marijuana from the Controlled Substances Act.

An additional bill filed by Wyden with Sens. Rand Paul (R-KY) and Michael Bennett (D-CO) would reform section 280E of the U.S. Tax Code to allow state-legal marijuana businesses to deduct ordinary and necessary business expenses from their federal taxes. A companion bill was filed in the House by Rep. Carlos Curbelo (R-FL) and Rep. Blumenauer.

“This is commonsense legislation that will eliminate the growing tension between federal and state marijuana laws,” said MPP’s Robert Capecchi in a press release. Voters and legislatures are rolling back antiquated state marijuana prohibition policies, and it’s time for Congress to step up at the federal level. States are adopting laws designed to improve public safety by replacing the illegal marijuana market with a tightly regulated system of production and sales. The federal government should be working to facilitate that transition, not hinder it. It’s time for Congress to come to grips with the fact that marijuana is safer than alcohol, and most Americans think it should be treated that way.

The post Federal Lawmakers Introduce Sweeping Marijuana Policy Legislation appeared first on MPP Blog.

Bill to Regulate Marijuana Introduced in Delaware

Posted: 30 Mar 2017 02:22 PM PDT

After years of advocacy on the part of MPP and our local partners, Delaware Rep. Helene Keeley and Sen. Margaret Rose Henry introduced HB 110, the Delaware Marijuana Control Act. The bill seeks to legalize and regulate cannabis for adults 21 years of age or older. The marijuana tax revenue would be used to fund education, public health campaigns, and to support re-entry campaigns for ex-offenders, among other programs.

An October 2016 poll by the University of Delaware found that 61% of state residents favor this important policy change. Now it is up to voters to let their lawmakers know they want to see them vote in favor of this bill!

In a press briefing to announce the bill’s introduction, sponsors of the bill — which enjoys bipartisan support — spoke about why they see this topic as a social justice issue, and how the failed “reefer madness” policy views of the past should come to an end.

The post Bill to Regulate Marijuana Introduced in Delaware appeared first on MPP Blog.

West Virginia Senate Approves Medical Marijuana

Posted: 30 Mar 2017 02:15 PM PDT

The West Virginia Senate has voted to approve a medical marijuana bill Wednesday. SB 386, sponsored by Sen. Richard Ojeda, passed the Senate in a 28-6 vote! The bill will now move to the House.

In the past, House Speaker Tim Armstead has not been willing to allow medical marijuana bills to be considered. However, if enough delegates are willing to stand up and support this critical reform, it will be possible to overcome the speaker’s opposition.

“We applaud the Senate for standing up for seriously ill West Virginians and giving them hope with this much-needed legislation,” said Matt Simon of the Marijuana Policy Project, who is a West Virginia native and graduate of West Virginia University. “For many patients, medical marijuana is a far safer alternative to opioids and other prescription drugs. Any delegates who are serious about addressing the opiate crisis in West Virginia need to consider the substantial benefits this law could have on that front.  We hope Speaker Armstead will review the facts and give this bill a fair shake in the House.”

If you are a West Virginia resident, please call your delegates’ offices right now, and urge them to support allowing medical marijuana in West Virginia.

It’s also imperative that you call House Speaker Tim Armstead’s office at (304) 340-3210, and urge House leaders to stop stonewalling on this important issue.

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Vermont House Moves Legalization Bill Back to Committee

Posted: 30 Mar 2017 02:07 PM PDT

On Tuesday, the Vermont House of Representatives appeared to be ready to pass H. 170, which would legalize marijuana possession and cultivation for adults. Unfortunately, instead of calling for a vote on the floor, House leaders decided to send the bill to the Human Services Committee for further consideration.

If you are a Vermont resident, it is critically important that the House speaker’s office hear from you on this issue. Please call the speaker’s office now at (802) 828-2245, and urge House leaders to bring H. 170 to the floor for a vote as soon as possible and pass it on to the Senate.

The post Vermont House Moves Legalization Bill Back to Committee appeared first on MPP Blog.

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.

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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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