Around the country, state lawmakers are gearing up for the new legislative sessions, and some are already making marijuana policy reform a top priority.
In Wisconsin, Rep. Melissa Sargent plans to reintroduce legislation that would end Wisconsin’s criminalization of adult marijuana consumers in exchange for taxing and regulating it like alcohol. Her proposal would also permit seriously ill Wisconsinites — both adults and minors — to access medical marijuana.
As Pennsylvania works to implement its new medical marijuana program, lawmakers plan to reintroduce legislation that would stop jailing marijuana consumers and instead impose a civil fine. Currently, an individual arrested for possessing up to an ounce of marijuana can still be sentenced to as much as 30 days in jail and a fine of up to $500. Last year, Rep. Ed Gainey introduced HB 2706, a bill that would decriminalize the possession of marijuana. He is expected to introduce similar legislation this year.
In Rhode Island, advocates will once again be pushing legislators to end marijuana prohibition after voters in neighboring Massachusetts passed an initiative to regulate marijuana like alcohol in November.
Last month, Tennessee Rep. Jeremy Faison (R) and Sen. Steve Dickerson (R) announced that they are introducing a medical marijuana bill to bring meaningful access to many patients in Tennessee and establish 150 dispensaries throughout the state.
Texas Senator José Menéndez (D-San Antonio) pre-filed SB 269, a comprehensive medical cannabis bill, in early December. If passed, this legislation will bring safe and legal access to Texas patients with debilitating medical conditions like cancer, PTSD, chronic pain, and Crohn’s disease, among others. Advocates expect another bill that would remove criminal penalties for possession of small amounts of marijuana to be introduced soon.
The year is still early, and there will likely be many more marijuana policy reform bills introduced in the coming weeks. If you would like to find out what is happening in your state, please click here. MPP will continue to follow marijuana-related legislation in all 50 states and DC as it develops.
Ed Gainey, Jeremy Faison, Massachusetts, Melissa Sargent, Pennsylvania, Rhode Island, SB 269, Steve Dickerson, Tennessee, Texas, Wisconsin
Back in 2014, Missouri lawmakers enacted SB 491 — a bill to reduce penalties for possessing up to 10 grams of marijuana. That law finally took effect on January 1, 2017. Congratulations to Missouri for joining the 20 other states that have ended cannabis prohibition or replaced jail time with a fine! The new law institutes a fine of $250-$1,000, replacing the prior penalty of up to a year of incarceration and a fine.
While this is far better than current law, the hefty fine is still very harsh for possessing a substance that is safer than alcohol. Worse yet, possession of over 35 grams remains a felony, subjecting marijuana consumers to a prison sentence of up to seven years and a $5,000 fine.
While lawmakers should be applauded for enacting marijuana reduction penalties, we hope you will let them know that the time to end prohibition is now. If you are a Missouri resident, please send an email to your state representative and senator and tell them you want to tax and regulate a substance that is safer than alcohol.
After recounting 30% of the votes for Question 1 in Maine last month, opponents of marijuana policy reform dropped their challenge, allowing the initiative to regulate marijuana like alcohol move to the Governor's desk. On New Year's Eve, Gov. LePage signed Question 1 into law.
Portland Press Herald reports:
LePage confirmed the proclamation Tuesday on a talk show on WVOM radio in Bangor. But he also called on the Legislature to place a moratorium on the sale of marijuana until lawmakers could work out all the details, including providing funding to set up a regulatory framework for legal marijuana.
Under the new law, adults over age 21 will be allowed to possess up to 2.5 ounces of marijuana or grow up to six plants. The law goes into effect on Jan. 30, which is 30 days after LePage issued the proclamation on Saturday.
Commercial sale of the drug would be regulated by the Maine Department of Agriculture, Conservation and Forestry.
Ballot question opponents had requested a recount of the measure, which was approved by a 4,000-vote margin but the recount by the Secretary of State’s Office was ended in December after it appeared there would be no significant change in the results.
LePage said Tuesday he needs the Legislature to provide funding to the agriculture department in order for him to move forward with establishing an agency to regulate the sale of marijuana in Maine.
Advocates are urging the legislature to begin implementation immediately and not consider a moratorium until after they have had a chance to establish regulations.
The federal government quietly published new national survey data in December that shows rates of teen marijuana use in Colorado and Washington — the first two states to legalize and regulate marijuana for adult use — decreased more than the national average in 2014-2015. Fewer teens in the two states are reportedly using marijuana than in 2012-2013, just prior to the commencement of legal adult marijuana sales.
The Substance Abuse and Mental Health Services Administration (SAMHSA) released the results of the 2014-2015 National Survey on Drug Use and Health (NSDUH) on Tuesday along with a press release that did not include any mention of marijuana.
According to the NSDUH:
- In Colorado, the rate of 12-17-year-olds who used marijuana in the past month dropped 1.43 percentage points from 12.56% in 2013-2014 to 11.13% in 2014-2015, compared to 11.16% in 2012-2013. The rate of past-year use dropped 2.46 percentage points from 20.81% in 2013-2014 to 18.35% in 2014-2015, compared to 18.76% in 2012-2013.
- In Washington, the rate of 12-17-year-olds who used marijuana in the past month dropped 0.89 percentage points from 10.06% in 2013-2014 to 9.17% in 2014-2015, compared to 9.81% in 2012-2013. The rate of past-year use dropped 1.92 percentage points from 17.53% in 2013-2014 to 15.61% in 2014-2015, compared to 16.48% in 2012-2013.
- Nationwide, the rate of past-month marijuana use among 12-17-year-olds dropped 0.02 percentage points from 7.22% in 2013-2014 to 7.2% in 2014-2015, and the rate of past-year use dropped 0.42 percentage points from 13.28% to 12.86%.
The overall findings of the NSDUH are in line with those of the annual Monitoring the Future survey sponsored by the National Institute on Drug Abuse (NIDA), which were released last week and found little change in rates of teen marijuana use.
Colorado, Monitoring the Future, National Institute on Drug Abuse, National Survey on Drug Use and Health, NIDA, NSDUH, SAMHSA, Substance Abuse and Mental Health Services Administration, Washington
Massachusetts lawmakers passed a measure Wednesday that would delay the full implementation of Question 4, the initiative to regulate marijuana like alcohol, which voters approved in November.
The Boston Globe reports:
It took less than an hour, and only about a half-dozen state legislators, to approve a bill that would overturn significant parts of a marijuana legalization law that 1.8 million voters approved just last month.
With no public hearings and no formal public notice, the few lawmakers on Beacon Hill passed a measure on Wednesday to delay the likely opening date for recreational marijuana stores in Massachusetts by half a year — from January to July 2018.
The move was met with criticism from Question 4 supporters, who pointed out that Colorado lawmakers were able to effectively implement a similar initiative in a timeframe that is similar to the one stipulated in Question 4.
The Yes on 4 campaign issued the following statement:
We are very disappointed that the Legislature has decided to alter Question 4 in an informal session with little notice regarding proposed changes. We are willing to consider technical changes to Question 4 so that the new law is implemented in a timely and responsible manner. However, our position remains that the measure was written with careful consideration regarding process and timelines and that no major Legislative revisions are necessary. Further, the voters of Massachusetts approved Question 4 by a significant margin, and any alteration of the law deserves a transparent, deliberative legislative process.
As MPP's Mason Tvert pointed out, the reasoning behind the delay is not particularly sound.
“The Legislature has a responsibility to implement the will of the voters while also protecting public health and public safety,” [Senate President Stanley] Rosenberg said. “This short delay will allow the necessary time for the Legislature to work with stakeholders on improving the new law.”
But Mason Tvert, a national advocate for legalization at the Marijuana Policy Project, scoffed at the premise of the Senate president’s statement.
“The will of the voters was to protect public health and public safety by regulating marijuana,” Tvert said. “By delaying the regulation of marijuana, lawmakers are delaying the protection of public health and public safety.”
Question 4 officially took effect earlier this month, at which time it became legal for adults 21 years of age and older to possess and grow limited amounts of marijuana.
Legal marijuana businesses in Colorado made more than a billion dollars in sales during the first 10 months of 2016, exceeding sales numbers from last year.
The Cannabist reports:
Recreational and medical cannabis shops in America’s first 420-legal state have sold nearly $1.1 billion of marijuana and related products in 2016, according to the new October data from the state’s Department of Revenue.
When 2015’s year-end marijuana tax data was finally released in February, Cannabist calculations showed $996,184,788 in sales at Colorado marijuana shops that year — spurring a leading industry attorney to tell us at the time, “I think it’s ethical to round that up to a billion.”
That same lawyer, Vicente Sederberg partner Christian Sederberg, celebrated the billion-dollar news on Monday by also pointing to the Colorado cannabis industry’s increasing economic impact and skyrocketing tax revenues for the state as well as numerous cities and counties throughout Colorado.
“We think we’ll see $1.3 billion in sales revenue this year,” said Sederberg, “and so the economic impact of this industry — if we’re using the same multiplier from the Marijuana Policy Group’s recent report, which is totally reasonable — it suddenly eclipses a $3 billion economic impact for 2016.”
In addition to creating economic benefits, including state and local tax revenue and thousands of jobs, this legal market is on pace to continue stripping billions of dollars a year from the criminal market.
Christian Sederberg, CO, Colorado, Marijuana Policy Group, revenue, sales, taxes, The Cannabist, Vicente Sederberg
ID card, Jeremy Faison, medical, opioid, overdose, Steve Dickerson, Tennessee
Massachusetts residents are allowed to legally possess and grow marijuana as of December 15, ending the state’s 100-year prohibition era marked by vast social injustices, wasteful government spending and ineffective public policy
Persons age 21 and older are allowed to possess up to one ounce of marijuana on their person up to 10 ounces in their homes, and are permitted to give an ounce or less of marijuana to others. Any quantity above one ounce in the home must be under lock and key. Residents will also be allowed to grow six plants per person in their homes, with a maximum of 12 plants per household.
No plants can be visible by neighbors or from a public place and all growing areas must be under lock and key. Landlords have the right to prohibit smoking or growing of marijuana in their properties.
Public consumption of marijuana remains prohibited under the new law, as does the unlicensed sale of any amount.
MPP and our allies will continue to work with the state government to ensure that the rest of the law is implemented effectively so that the regulated adult market is on its feet as soon as possible.
Campaign to Regulate Marijuana like Alcohol, cultivation, MA, Massachusetts, possession
The results of an annual survey of U.S. middle and high school students released Tuesday invalidate claims that reforming marijuana laws and debating legalization will lead to increased marijuana use among teens.
According to the Monitoring the Future Survey sponsored by the National Institute on Drug Abuse (NIDA):
• Among 8th-graders, the rate of past-year marijuana use dropped significantly from 11.8% in 2015 to 9.4% in 2016, its lowest level since 1993. Past-month marijuana use also dropped significantly, from 6.5% in 2015 to 5.4% in 2016, and daily use dropped from 1.1% in 2015 to 0.7% in 2016.
• Among 10th- and 12th-graders, rates of past-year, past-month, and daily marijuana use remained relatively stable compared to last year.
• Rates of use among 12th-graders appear to be higher in states with medical marijuana laws than in states without them, but previous studies have found that rates of use were already higher prior to the adoption of such laws.
• Students’ perception of risk surrounding marijuana remained relatively stable from 2015 to 2016. The perception that marijuana is very easy or fairly easy to access declined slightly for 8th- and 10th-graders, and it increased slightly for 12th-graders.
Since 2012, eight states and the nation’s capital have adopted laws that make marijuana legal for adult use. Since 1996, 28 states have adopted laws that make marijuana legal for seriously ill patients whose doctors recommend it.
MPP's Mason Tvert sees this as more evidence that one of the more popular claims by prohibitionists is simply a scare tactic:
“Every time a state considers rolling back marijuana prohibition, opponents predict it will result in more teen use. Yet the data seems to tell a very different story. There has been a sea change in state marijuana laws over the past six years and teen usage rates have remained stable and even gone down in some cases.
“The best way to prevent teen marijuana use is education and regulation, not arresting responsible adult consumers and depriving sick people of medical marijuana. It is time to adopt marijuana policies that are based on evidence instead of fear.”
accessibility, Monitoring the Future, MTF, National Institute on Drug Abuse, NIDA, teen use, University of Michigan