In the wake of Attorney General Jeff Sessions’ decision to rescind Obama-era guidance that protected legal marijuana businesses, legislators in Massachusetts have introduced a bill that would prohibit state and local police from participating in federal cases against people or licensed operators who follow state marijuana laws. The bill also serves as a response to the U.S. Attorney for Massachusetts, Andrew Lelling, who declined to ensure that that his office would uphold the will of Massachusetts voters, calling marijuana a “dangerous drug” and refusing to limit potential prosecutions to illicit dealers.
The State Police and the Boston and Worcester Police Departments have indicated that they will not participate in federal interdiction, but other smaller departments may still be tempted by the prospect of receiving unencumbered funds from civil asset forfeitures. This legislation, if passed, will make it much more difficult for federal agents to disrupt state-legal commerce. Representatives Dave Rogers and Mike Connolly introduced the bill, calling it the “Refusal of Complicity Act.” According to Rep. Rogers, “We have a state law, it’s valid, and we think it should be respected. If federal law enforcement has something different in mind, they can use their own resources, because Massachusetts taxpayers shouldn’t have to pay to do something that goes against our laws.”
MPP’s Will Luzier, a leader of the Yes on 4 campaign, helped to conceive the bill. “I think it will help local law enforcement agencies to have clear parameters regarding their involvement with federal actions against lawfully permitted cannabis establishments,” said Jim Borghesani, an MPP spokesman.
Andrew Lelling, Boston, Dave Rogers, Jeff Sessions, Jim Borghesani, Mike Connolly, Obama, Refusal of Complicity Act, Will Luzier, Worcester
A court in Cook County, Illinois ruled last week that the Illinois Department of Public Health must add intractable pain as a qualifying condition to the state’s medical cannabis pilot program. Incredibly, the state has vowed to appeal the ruling and continue to shut pain patients out of the state program.
This is an outrage. A MoveOn.org petition is circulating that allows supporters to voice their opposition to the misguided decision by the state. If you agree the state should add intractable pain and want the state to drop its appeal plans, click here.
Patients and advocates have been working to add the condition to the state program since it went into effect in 2015. A panel of doctors and experts charged with considering new conditions voted unanimously to add pain, yet the health department refused to listen.
Even after a court reached the same conclusion, the health department continues to push back and deny access. As the nation struggles to bring a deadly opioid epidemic under control, medical cannabis should be an option for those who seek a safer alternative. Patients in Illinois should not be encouraged to seek relief from the underground market, when a regulated and tested alternative is available.
chronic pain, Cook County, Department of Public Health, IL, Illinois, MoveOn.org, opioid, petition
The Arizona Legislature began its 2018 legislative session last week, and lawmakers already have several marijuana bills to consider. Unfortunately, many would undermine the existing medical marijuana program.
HB 2068 would allow prosecutors to determine whether individuals on parole or probation can access medical marijuana, despite a 2015 state Supreme Court decision that held medical marijuana could not be withheld from patients under those circumstances. Another bill, SB 1060, would make it a felony and a $10,000 fine for anyone who publishes the address of a dispensary that is different from that on file, including typos!
Lawmakers should be improving patient access, not creating new obstacles.
Meanwhile, in a move toward improving marijuana policies, Rep. Mark Cardenas has introduced HB 2014, which would reduce the penalty for possession of less than an ounce of marijuana to $100. Please urge your state legislators to support HB 2014!
Imprisoning individuals for possessing small amounts of a substance that is safer than alcohol wastes valuable resources and can lead to a lifetime of harsh consequences, including denial of student financial aid, housing, employment, and professional licenses.
Arizona, HB 2014, HB 2068, Mark Cardenas, SB 1060, Supreme Court
Until today, all eight of the states that have made marijuana legal for adults did so through ballot initiatives. Over the past three elections in 2012, 2014, and 2016, voters in Colorado, Washington, Alaska, Oregon, California, Maine, Massachusetts, and Nevada (and Washington, D.C.) approved ballot questions to legalize marijuana.
Today, we reached an important milestone in Vermont: a state legislature has enacted a law, signed by the governor, that legalizes possession and home cultivation of marijuana for adults aged 21 and older. H. 511 eliminates Vermont’s civil penalty for possessing one ounce or less of marijuana and removes penalties for possession of up to two mature marijuana plants and up to four immature plants for people 21 and older, beginning on July 1.
“After more than 15 years of hard work by MPP and our allies in the state, adults in Vermont no longer need to fear being fined or criminalized for low-level marijuana possession and cultivation,” said Matt Simon, New England political director for the Marijuana Policy Project, in a press release. “This is a great step forward for the state and the whole region. Responsible adults will soon have the freedom to enjoy a safer option legally, and law enforcement will be free to concentrate on serious crimes with actual victims. We are looking forward to working with lawmakers and state leaders to continue improving marijuana laws in the Green Mountain State.”
Our coalition’s goal, this year or next, is to enact a law that regulates marijuana and allows for its legal sale (the newly enacted law only allows possession and home cultivation).
Last week, the Erie, Pennsylvania, City Council voted unanimously to make the possession of less than 30 grams of marijuana into a summary offense with a $25 fine. Currently, the penalty is up to 30 days in jail, a $500 fine, or both. The mayor is expected to sign the measure into law.
Once enacted, Erie will join Philadelphia, Pittsburgh, Harrisburg, York, and State College — and 22 states and the District of Columbia — all of which have stopped jailing individuals for possession of small amounts of marijuana. Across the state, towns and cities are considering similar commonsense policies. Unfortunately, however, law enforcement can still enforce state law and impose criminal penalties and possible jail time.
Imprisoning individuals for possessing small amounts of a substance that is safer than alcohol wastes valuable resources and can lead to a lifetime of harsh consequences, including denial of student financial aid, housing, employment, and professional licenses.
To get involved locally, contact the Keystone Cannabis Coalition. You can find some background materials on decriminalization here. And please let your lawmakers know it is time for statewide decriminalization.
decriminalization, Erie, Harrisburg, Keystone Cannabis Coalition, PA, Pennsylvania, Philadelphia, Pittsburgh, State College, York
Yesterday, Nebraska Sen. Anna Wishart introduced Legislative Resolution 293CA. If the Legislature passes this resolution, Nebraskans will finally have the chance to vote on medical marijuana. “Tens of thousands of Nebraskans are needlessly suffering because they don’t have access to medical cannabis, including veterans, children and the terminally ill,” Sen. Wishart said. “Nebraska leaders have failed to act and provide these Nebraskans and their doctors the freedom to make decisions for their patients, without fear.”
Sen. Wishart has been a stalwart ally to patients in Nebraska, having been the primary sponsor of last year’s medical marijuana bill. The legislature failed to act on this important issue in last year’s session, but with this year’s resolution, the legislature could let the people of Nebraska make the right choice to give patients access to medicine they desperately need.
A February 2017 poll showed that 83% of Nebraskans support medical marijuana conceptually, and 77% support the ballot initiative.
If you are a Nebraska resident, please tell your senator to give you and your fellow Cornhuskers the chance to vote on medical marijuana.
Anna Wishart, ballot initiative, constitutional amendment, Cornhuskers, Legislative Resolution 293CA, NE, Nebraska
Yesterday, Sen. Steve Dickerson and Rep. Jeremy Faison introduced the Medical Cannabis Only Act of 2018, a bill that would allow Tennessee patients with certain health conditions to access safe, regulated marijuana. Nearly 80 percent of registered Tennessee voters support allowing patients the freedom to access medical marijuana.
If you are a Tennessee resident, please tell your legislators to support the Medical Cannabis Only Act!
Many patients who find relief from marijuana do not respond to prescription medications, and prescription drugs, like opiates, often come with far more serious side effects than marijuana. The majority of states recognize the medical value of marijuana, and it’s time for Tennessee to do the same.
Jeremy Faison, Medical Cannabis Only Act of 2018, Steve Dickerson, Tennessee, TN
The Kentucky Legislature began its 2018 session last week, and marijuana policy reforms are already among the top issues being discussed in Frankfort. A medical cannabis bill, HB 166, has already been introduced in the House.
But that’s not all. Sen. Dan Seum, chairman of the Republican Senate Caucus, held a press conference to announce that he is introducing a bill, SB 80, that would legalize, regulate, and tax cannabis for adults 21 and older.
If you are a Kentucky resident, please send your representatives and senators a message and urge them to support reforming marijuana laws in 2018.
The Virginia General Assembly convened last week, and marijuana law reform is on the docket! After a disappointing conclusion to last year’s session, the General Assembly appears ready to tackle decriminalization of marijuana.
Late last year, the Virginia State Crime Commission looked at the benefits of marijuana decriminalization in Virginia, and the majority leader of the Senate, Sen. Tommy Norment (R), expressed his intent to introduce a bill to decriminalize simple possession of small amounts of marijuana. Sen. Norment’s bill has not yet been introduced, but he has indicated it will make the first offense a misdemeanor rather than making it a civil offense; we don’t expect the penalty for subsequent offenses to be reduced.
Sen. Adam Ebbin (D), on the other hand, has introduced SB 111, which would reduce the penalty for simple possession to a civil penalty: $50 for the first violation, $100 for the second violation, and $250 for the third and subsequent violations. This bill is a huge step forward for Virginia, and Sen. Norment should stick to his promise of real decriminalization and support SB 111.
Considering Gov. Ralph Northam’s pro-decriminalization position during his campaign and the new makeup of the House of Delegates, 2018 could be the year the commonwealth stops arresting Virginians for simple possession.
If you are a Virginia resident, please contact your Senators today and tell them to support decriminalizing marijuana.
Adam Ebbin, decriminalization, General Assembly, House of Delegates, Ralph Northam, SB 111, Senate, Tommy Norment, VA, Virginia, Virginia State Crime Commission
Kansas lawmakers began their 2018 legislative session last week with several marijuana bills before them, including SB 187 / HB 2348, the Kansas Safe Access Act. This bill would create an effective medical marijuana program in Kansas.
These bills were introduced in 2017 (the legislative session carries over from 2017 to 2018), yet never even received a hearing. And, Kansas is one of only two states in the entire U.S. that does not even have a limited low-THC medical cannabis law. Seriously ill Kansans deserve better.
If you are a Kansas resident, please ask your representatives to show compassion and allow patients access to treatments that can help alleviate the suffering associated with serious conditions like cancer, multiple sclerosis, and epilepsy. Medical marijuana can also help reduce patients’ use of dangerous opiates.