Homeowners’ associations cannot legally ban their members from using marijuana in their homes in states where it is legal to do so, but some HOAs are attempting to do just that, claiming that marijuana use is a nuisance, reports the Gazette. If people can see or smell their neighbor using or growing marijuana, their HOA has the right to regulate it as a nuisance or child risk. Richard Thompson, who runs a management company that concentrates in homeowner associations in Portland, related these regulations to others made in Oregon. "The fact that people may be legally entitled to smoke doesn't mean they can do it wherever they want, any more than they could walk into a restaurant and light up a cigarette."
According to Thompson, neighbor conflicts have increased with regards to marijuana use recently. More marijuana users keep their windows open and smoke outside during spring and summer months, prompting many complaints from neighbors. A Brighton, Colorado resident recently discovered this after he planted a hemp plot. The homeowners’ association took issue with this and ordered him to get rid of it or face a fine. Though he tried to explain that hemp was not marijuana, he was still turned down. He then sold his plants to hemp activists rather than throwing them out. The activists offered to pay his homeowner fines instead, but the resident opted to live peacefully with his neighbors. He said, "I had people calling up and saying, 'It's just a shame; we'll pay your fines all the way through to the end.' But I decided in the end not to fight it. At the end of the day, I live here."
Ricardo Pereyda, a University of Arizona alumnus and veteran diagnosed with PTSD, has begun a petition for the university to reinstate Sue Sisley, one of the foremost experts in using medical marijuana to treat PTSD. As previously reported, Sue Sisley was dismissed from the University of Arizona after getting the green light to start a study on marijuana’s effectiveness in treating PTSD. Pereyda, who served in Iraq, says that marijuana has “helped [him] to live a more full and productive life” dealing with his PTSD. He hopes his petition will convince the university to reconsider its dismissal of Dr. Sisley so her research can continue.
Minnesota has named Michelle Larson as their first marijuana director with less than a year before their medical marijuana law takes effect, the Star Tribune reports. Larson is an environmental health expert who has been instrumental in implementing Illinois’ Health Department policies. She now has until July 15, 2015 to design the state’s medical marijuana infrastructure, when Minnesota’s medical marijuana law is due to take effect. Minnesota Health Commissioner Ed Ehlinger expressed confidence in the choice: “Michelle brings a strong background in public policy and administration, as well as a history of working with the public health community, law enforcement and security, pharmacists, health care providers and community members. She has the ability to work with people to get things done right.”
Minnesota’s medical marijuana law was passed earlier this year and is regarded as one of the most restrictive in the nation. Two manufacturers in the state will produce all of the medical marijuana supply for Minnesota and it will be available at only eight locations. Michelle Larson and her ten-person team are now tasked with delegating who will be licensed as manufacturers and distributors. The department hopes to have the manufacturers chosen by December so there will be plenty of time before patients start registering in May. Larson will begin her job in her new position on August 13.
New Approach Oregon’s petition to make marijuana legal for adults has qualified for the ballot this coming November, Huffington Post reports. More than 87,000 valid signatures were collected for the petition, which allows adults age 21 and older in Oregon to possess up to eight ounces of marijuana privately and one ounce in public and would have the marijuana market regulated by the Oregon Liquor Control Commission. Any sales taxes collected would be distributed to schools, law enforcement, and drug prevention programs.
It is very likely that this initiative will pass in November, with a recent poll stating that 57% of Oregon’s likely voters support making marijuana legal for adults. A similar measure was nearly approved in 2012. In addition, the governor of Oregon, John Kitzhaber, has stated that he would uphold the will of the people if the bill makes it to his desk. In January, he commented on Colorado and Washington, "I hear the drumbeats from Washington and Colorado.” He said, “I want to make sure we have a thoughtful regulatory system. The legislature would be the right place to craft that."
[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