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.”

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.

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.

A Dept. of Justice task force subcommittee on marijuana policy is not recommending any policy changes that would target state-legal marijuana programs or businesses operating in compliance with state laws, according to a report by the Associated Press. The task force asked for continued study and dialogue on the issue. The recommendations are meant to inform ongoing policy decisions and are non-binding.

Since August 2013, Dept. of Justice policy has been not to enforce federal marijuana laws against individuals or businesses in states that are complying with state medical or adult-use marijuana laws, provided that one of eight federal priorities is not implicated.

You can find out more about federal policy here.

Earlier this year, the Virginia General Assembly empowered the state’s Crime Commission to consider whether Virginia should decriminalize marijuana possession. Now, the commission wants to hear from residents.

Between now and Friday, August 25 at 5 p.m., Virginia residents can send written comments to vsccinfo@vscc.virginia.gov or mail them to:

1111 East Broad Street, Ste. B036
Richmond, VA 23219

Then, on October 5 at 10:00 a.m., the Crime Commission will hold a meeting open to the public where you will have the opportunity to make your voice heard in person. The meeting will take place in Richmond, but the exact location will not be announced until the fall.

Nearly eight in 10 Virginians support replacing marijuana criminal convictions with a fine (decriminalization), and 62% favor ending cannabis prohibition altogether.

The New Jersey Medical Marijuana Review Panel has issued initial recommendations to add several new qualifying conditions to the state’s medical marijuana program: chronic pain related to musculoskeletal disorders or of visceral origin, migraine, anxiety, and Tourette’s Syndrome. There will now be a 60-day public comment period, after which the Panel will consider the comments and hold another meeting before making its final recommendations.

If you are a New Jersey resident suffering from one of these conditions who could benefit from access to medical cannabis, we encourage you to submit public comments via email or mail. Mailed comments must be postmarked by Monday, September 25, 2017, and sent to:

NJ Department of Health, Medicinal Marijuana Program
Attn: Medicinal Marijuana Review Panel
PO Box 360
Trenton, NJ 08625-0360

In other good news, the sixth Alternative Treatment Center permitted under New Jersey law has finally been issued a permit to begin cultivating medical cannabis! It will be located in Secaucus.

MPP is teaming up with Cards Against Humanity, the makers of the popular party card game of the same name, to end marijuana prohibition in Illinois.

In a press release today, the Chicago-based company announced that it would generously donate the proceeds of a new 30-card expansion pack based on marijuana to help promote our legislative efforts in the upcoming session.

Earlier this year, Illinois Sen. Heather Steans and Rep. Kelly Cassidy introduced bills that would make marijuana legal for adults and regulate it similarly to alcohol. We expect similar bills to be introduced next year. If you are an Illinois resident and want to get involved, please contact Coalition for a Safer Illinois.

You can pick up the 'Weed Pack' here and enhance your Cards Against Humanity experience while you help us regulate marijuana for adults in the Land of Lincoln!

Last year, MPP helped local advocates at Sensible Minnesota with their successful petition to add post-traumatic stress disorder (PTSD) to the state’s medical cannabis program. Patients suffering from this condition were able to enroll in the program last month, and starting August 1 they will be allowed to access medical cannabis.

Every year, the Minnesota Office of Medical Cannabis accepts petitions to add new conditions, and this year was no exception. This year’s petitions were due this week, and MPP and Sensible Minnesota again submitted paperwork — including for nausea, Alzheimer’s, and autism. Thanks to everyone who shared their story with us to help build the case. Before deciding whether to add the condition, a review panel will hold a public hearing.

While Minnesota has a comprehensive medical marijuana program, it remains one of the most limited — and costly — in the country. One of the most significant remaining flaws is that patients are not permitted to consume whole plant (flower) cannabis.

On Tuesday, U.S. Senator Cory Booker (D-NJ), who has been a leader in federal marijuana policy reform efforts, introduced one of the most comprehensive bills to date to end federal prohibition and work to alleviate some of the harms caused by bad state marijuana laws and racially disparate enforcement.

Politico reports:

The bill would remove the federal prohibition on marijuana and withhold federal money for building jails and prisons, along with other funds, from states whose cannabis laws are shown to disproportionately incarcerate minorities.

Under the legislation, federal convictions for marijuana use and possession would be expunged and prisoners serving time for a marijuana offense would be entitled to a sentencing hearing.

Those “aggrieved” by a disproportionate arrest or imprisonment rate would be able to sue, according to the bill. And a Community Reinvestment Fund would be established to “reinvest in communities most affected by the war on drugs” for everything from re-entry programs to public libraries.

Please take a moment to call Sen. Booker's office at (202) 224-3224 and thank him for helping undo the damage done by the government's war on marijuana.

As required by state election law, Utah Patients Coalition (UPC) is holding eight hearings throughout the state of Utah to collect public comment on the proposed citizens’ initiative petition, the Utah Medical Cannabis Act. On Wednesday, UPC held the first set of these public meetings in Salt Lake City, Lehi, and St. George.

Sharing powerful personal stories about how medical cannabis has significantly improved their quality of life, several patients made their case to a roomful of interested voters and took questions. Read more about the public forum that took place in Salt Lake City here. A complete list of these public hearings can be found here.