[caption id="attachment_7895" align="alignright" width="259"] Gov. Pat Quinn[/caption]
On Sunday, Illinois Gov. Pat Quinn signed a bill that will add seizure conditions to Illinois’ medical cannabis program for both adults and minors. The new law also allows parents to seek permission for minors to access medical marijuana for other qualifying conditions. Special thanks are owed to bill sponsors Sen. Iris Martinez and Rep. Lou Lang, and the many parents and advocates who tirelessly worked to make the bill a reality for seriously ill patients.
In other news, the Joint Committee on Administrative Rules gave its final approval last week for regulations the three state agencies will use to oversee the program. A preliminary version of these rules can be found here, with the official version to be published soon. This important step finally allows the program to move forward. News outlets are currently reporting that patients may be able to sign up as early as September, although it is not yet clear when dispensaries and cultivation centers will be operational.
The rules are far from perfect. The Illinois program is by far the most expensive in the nation for cultivators, with a non-refundable application fee of $25,000, and a first-year license of $200,000. That means the Department of Agriculture will receive a windfall of $4.4 million for issuing just 22 cultivation center licenses during the first year of the program, not including application fees. Unfortunately, the enormous tab will surely be passed along to patients.
Department of Agriculture, Illinois, Iris Martinez, Joint Committee on Administrative Rules, Lou Lang, Pat Quinn, seizure
The U.S. Sentencing Commission decided unanimously to make new sentencing guidelines fully retroactive for federal drug offenders, a government press release said today. There are now no limitations on sentence reductions for drug offenses. Now, 46,000 federal drug offenders will be able to file a motion in court to have their sentence reduced by an average of 2 years. This will only apply for those sentenced before November 1, 2014. Congress has until that date to disapprove the amendment.
Should Congress allow the guideline reductions to stand, the courts would be able to start hearing the appeals. Important to note is that, while the appeals will begin in November of 2014, releases will not begin until November 1st of 2015. Judge Patti B. Saris, the chair of the Commission, said, “The delay will help to protect public safety by enabling appropriate consideration of individual petitions by judges, ensuring effective supervision of offenders upon release, and allowing for effective reentry plans.” This amendment marks a victory for MPP and Families Against Mandatory Minimums, both longtime supporters of sentencing reform.
[caption id="attachment_7890" align="alignright" width="180"] Governor Peter Shumlin[/caption]
Beginning this week, the Rand Corporation will send representatives to Vermont to work with the state’s Secretary of Administration on a study of the effects of taxing and regulating marijuana similarly to alcohol, the Manchester Journal reports.This research was mandated by an amendment to a bill that made several improvements to Vermont’s medical marijuana law. Vermont will be funding the initial part of the study, paying Rand $20,000, with up to $100,000 in private donations coming from the non-profit organization GiveWell. Rand Corporation is a non-partisan organization with no official position on marijuana legalization.
Governor Peter Shumlin, Commissioner Keith Flynn of the Department of Safety, and other top officials have expressed interest in learning more about how marijuana regulation would impact Vermont. State Senator David Zuckerman, who sponsored a marijuana regulation bill this year, said he was enthusiastic about the study process: "I think the study will help with legislators and the public who inherently think it's a good idea but want evidence they can hold up to show people." Matt Simon, MPP’s New England political director, said, “The narrative from Colorado has been 'so far, so good.’ The sky clearly hasn't fallen." The report is due to be completed by January and lawmakers hope that it will lead to an informed debate on marijuana policy in the coming legislative session.
David Zuckerman, GiveWell, Keith Flynn, Manchester, Peter Shumlin, Rand Corporation, Vermont
The Brooklyn District Attorney, Kenneth Thompson, has assembled a team that is reviewing hundreds of low-level marijuana offenses that the department could decline to prosecute, DNAinfo reports.Last week, Thompson laid out his plan to cease prosecution of minor marijuana arrests. The team, comprised of prosecutors from the Early Case Assessment Bureau, is currently examining a number of these cases on a case-by-case basis to determine if individuals in question merit spending time and money to prosecute. This practice will continue in Brooklyn from this point forward. Thompson hopes that Brooklyn will become an example for the nation. He said, “We have not found any other DA in the country where marijuana is illegal who’s willing to take a different approach like [Brooklyn’s]. We think it’s important.”
Thompson went on to say that he is not worried about the New York Police Department’s vow to continue making arrests for low-level marijuana offenses, as he says the DA’s office and the NYPD “don’t have identical interests.” He continued, “We’re not asking the NYPD to do anything differently. If they find someone who’s committed an offense, they have the right to arrest that person. What we’re saying is, once the person has been arrested and we get notified, then we have an obligation to look at the facts of each case and to determine whether we should spend resources on prosecuting that case.” Thompson said that the new policy is the culmination of his vow to keep young people out of the criminal justice system.
[caption id="attachment_7881" align="alignright" width="183"] Representative Denny Heck (D-WA)[/caption]
The House of Representatives approved an amendment Wednesday that will facilitate marijuana businesses in working with banking institutions, International Business Times reports. The Heck Amendment, named after its sponsor Rep. Denny Heck (D-WA), was approved by a vote of 231-192. The amendment effectively blocks the SEC and Treasury Department from penalizing banks who lend money to legitimate marijuana businesses in areas where they can legally do business. The Heck Amendment was supported by both parties and represents growing bipartisan support of marijuana businesses, especially after the recent vote by Congress to defund the DEA’s ability to interfere with medical marijuana patients and businesses that are in compliance with state law. If the Heck Amendment is implemented, it will be a major victory in the effort to allow legitimate businesses to control the marijuana market.
In the past, many financial institutions have shied away from assisting marijuana businesses for fear that the federal government will go after them for it, forcing most to operate on a cash-only system. Because of this, they are required to transport thousands of dollars physically, making them targets for robberies and other crimes. Wednesday’s vote is the first step towards allowing legitimate marijuana businesses to utilize alternative forms of payment, such as credit cards and bank accounts, like all other businesses.
[caption id="attachment_7876" align="alignright" width="187"] Mayor Vincent Gray[/caption]
and submitted to Congress for a 60-day review — replaces misdemeanor criminal charges for possession of up to one ounce of marijuana with a civil violation, costing the offender $25. Now D.C. has the third-least punitive marijuana laws in the country, behind Colorado and Washington State.
It is important to note that this is only a change in District law, not federal law. Marijuana possession on federal lands, including the National Mall, is still a criminal offense and violators may be arrested and prosecuted. Public use is still illegal as well. Please see our summary of this new law for more information.
Thank you so much to all the individuals and organizations that took part in reforming the previously outdated law. Further reform is still needed, however. If you are a District resident, please contact your council members and urge them to treat marijuana like alcohol.
Congress, D.C., decriminalization, District of Columbia, National Mall, possession, Vincent Gray
[caption id="attachment_7873" align="alignright" width="150"] Chief John Dixon III[/caption]
The president of the National Organization of Black Law Enforcement Executives (NOBLE) expressed on Tuesday that he believes marijuana laws are total failures, reports mlive.com. John Dixon III is a police chief from Petersburg, VA and spoke at the annual NOBLE conference, saying that law enforcement is too concerned with arresting people for minor marijuana offenses that can irreparably harm those who are charged. He said, “We, as law-enforcement professionals, we need to really take a look at how we can decriminalize marijuana, especially user amounts. We are locking people up for a dime bag, for a joint. They’re put in the criminal-justice system which pretty much ruins the rest of their lives.” Dixon went on to discuss how he believes that medical professionals should be in charge of dealing with drug use and addiction, commenting, “Why do I have to lock you up for that? What benefit am I giving you, then? We have to get out of the business. That should be the focus of the medical field.”
The ACLU and others have noted that marijuana laws are disproportionately enforced against minorities across the country, despite similar use rates across racial demographics.
Dixon is far from the only law enforcement officer expressing his displeasure with prohibition. Major Neil Franklin, executive director of Law Enforcement Against Prohibition (LEAP), attended the seminar on Tuesday and insisted that law enforcement officers push to decriminalize marijuana by giving voice to the problems marijuana laws pose as seen by those who deal with them in the field every day.
[caption id="attachment_7868" align="alignright" width="200"] Gov. Jay Nixon[/caption]
Missouri Gov. Jay Nixon signed a limited medical marijuana bill into law yesterday. HB 2238 allows some patients with intractable epilepsy access to products containing marijuana extracts. Those extracts must be limited primarily to a non-psychoactive ingredient in the cannabis plant called cannabidiol, or CBD.
Many believe high-CBD marijuana extracts are effective in helping alleviate severe seizure conditions — reducing both the frequency and intensity of seizures. Unfortunately, only a small percentage of patients who can benefit from medical marijuana have this condition, so the vast majority of seriously ill patients in Missouri will be left out of the state program. MPP has a short analysis of the law available here.
Several other states have passed laws that are similarly limited. For the most part, laws passed in other states are not workable due to limitations imposed under federal law. By contrast, Missouri’s carefully crafted law is unique in that it may actually lead to a functioning program. This will be great news for those few seriously ill seizure patients who will be able to participate.
A bill that would establish regulations and protections for a wide range of medical marijuana businesses in California continues to make progress in the legislature. Sen. Lou Correa’s bill SB 1262 recently emerged from the Assembly Public Safety Committee, and will next be considered in the Appropriations Committee in August.
Sen. Correa’s bill has been heavily amended no less than five times since it was introduced in February. Many of the changes in the past few months have been big improvements, but some provisions remain troubling. For instance, the current version of the bill requires costly business license fees, saddles local governments with primary responsibility to enforce the law, and gives wide latitude to law enforcement officials to prohibit businesses.
We have been told it is too early to know if these requirements will change as negotiations among many different groups continue at a rapid pace. The only thing that is certain is that the bill remains very much a work in progress. For a list of MPP’s concerns with the current draft of the bill, click here.
Ohio has recently seen increased support for allowing adults to choose to consume marijuana, according to Cincinnati.com. Public opinion nationally is at an all time high, with 54% in support of making marijuana legal, and this has prompted many officials, including law enforcement, to reconsider the issue. Chris Lindsey, legislative analyst for MPP, attributes the changing attitudes to Americans viewing marijuana as less dangerous, saying they “realize [marijuana] is a much safer alternative to alcohol. It doesn’t lead to violence and harmful effects.” In addition to this, many view the “war on marijuana” to be futile, including a number of law enforcement officers.
Roger Moore, the Chief of Police in Chillicothe, Ohio, believes that marijuana is like alcohol and should be treated similarly. He believes that in light of the opiate epidemic that many places across America are facing, marijuana offenses are minor at best. Moore says, "I believe it's just like alcohol. Just because you drink beer doesn't mean you drink hard liquor ... Those that do marijuana, they do marijuana. There's plenty of people who don't smoke marijuana who do heroin, ecstasy and cocaine. (Marijuana enforcement) is not what my priority is in Chillicothe, it's heroin."
In Ohio, possession of 99 grams or less is a non-criminal citation, and residents can possess up to seven ounces of marijuana before facing any felony charges. Despite these relatively lenient penalties, prosecuting adults for marijuana in Ohio continues to saddle citizens with unnecessary criminal records at enormous costs in law enforcement time and resources.