This month is off to a great start for marijuana reform in Florida. Both West Palm Beach and Key West became the latest Florida cities to enact measures intended to replace most marijuana arrests with civil penalties. The Key West City Commission voted unanimously to allow police to issue a $100 fine for possession of up to 20 grams of marijuana, rather than arresting and prosecuting people who have chosen a substance safer than alcohol. West Palm Beach approved a similar ordinance. This trend began in July, when Miami-Dade County reclassified marijuana possession so that police could issue a civil fine in lieu of arresting Floridians. Since then the cities of Miami Beach and Hallandale Beach have followed suit. Similar measures are being considered by Alachua, Broward, and Monroe counties.

Unfortunately, simple possession remains a crime under state law, and police officers may still choose to arrest under that authority. Statewide, possession of small amounts of marijuana carries a penalty of up to a year in jail and a fine of $1,000. According to retired Florida judge Rand Hoch marijuana arrests weigh down the system, "One out of every two offenses, drug offenses that end up in court, are for marijuana.” Statistics from police in Miami Beach show that processing an arrest for possession costs taxpayers five times as much as issuing a citation. A marijuana arrest can also result in a lasting criminal record that diminishes opportunities related to employment, housing, financial aid, scholarships, and immigration. “You have these cases that are going to court, which are already over burdened,” Judge Hoch says. “Anything that can ease the burden on the court and help people not get saddled with a criminal record is beneficial.”

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With Congress returning from its August recess this week, MPP Executive Director Rob Kampia dedicated his latest Huffington Post column to discussing where things stand for marijuana policy reform on Capitol Hill.

He describes how 2015 has been the most successful year to date:

Until last year, neither chamber of Congress had ever passed any measure in support of reforming federal marijuana laws. That changed in May 2014 when the House, with 219 votes, passed a budget restriction that was intended to block the enforcement of federal marijuana laws for people and businesses acting in compliance with state laws that permit medical marijuana. That measure, sponsored by Congressmen Dana Rohrabacher (R-CA) and Sam Farr (D-CA), became law when it was included in the so-called "CRomnibus" in December 2014.

In June of this year, the House approved the Rohrabacher-Farr amendment again, this time with 242 votes. And the House wasn't alone this time; the Senate Appropriations Committee voted to include the amendment in its version of the U.S. Justice Department's funding bill by a 21-9 vote.

But unlike last year, Congress didn't stop there.

Read Rob's full piece for a list of the other victories we've had in Congress this year, as well as his thoughts on what we can expect to see in coming months.

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The Massachusetts Attorney General's Office has certified the petition in support of an initiative to legalize and regulate marijuana in the state, moving it one step closer to the 2016 ballot.

According to a press release from the Campaign to Regulate Marijuana Like Alcohol in Massachusetts:

The Campaign to Regulate Marijuana Like Alcohol (CRMLA) will now file the petition with the Secretary of the Commonwealth, which has 14 days to sign off on it, at which point the campaign will begin its signature drive. Initiative backers must collect the signatures of 64,750 registered Massachusetts voters over a nine-week period from September to November. The petition would then be transmitted to the Massachusetts Legislature. If the legislature does not adopt the measure, initiative backers must collect 10,792 signatures in June 2016 to place the initiative on the November 2016 ballot. 

You can find out more about the proposed initiative, which was filed last month, by visiting the campaign's website.

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In August, a Missouri man serving a life sentence for a non-violent marijuana violation was pardoned after an outpouring of public pressure. Today, Jeff Mizanskey walked out of prison a free man after more than 20 years of incarceration.

KRCG reports:

Jeff Mizanskey walked out of the Jefferson City Correctional Center and into the arms of more than a dozen family, friends and supporters Tuesday morning. Mizanskey was granted parole on Aug. 10 after Gov. Jay Nixon commuted his sentence to life with the possibility of parole in May. The only person in Missouri serving a life-without-parole sentence for a marijuana offense, Mizanskey had been the focus of an intensive lobbying effort. When Mizanskey was arrested in 1993 after selling 6 pounds of marijuana to a dealer connected to Mexican drug cartels, life without parole was an option for repeat drug offenders. State lawmakers repealed that provision in 2014 as part of a broader overhaul of the state's criminal code.

Mizanskey said he plans to continue to advocate for marijuana legalization and prison reform.

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Vermont House Speaker Shap Smith, previously undecided about whether to support a bill that would make marijuana legal for adults and regulate it similarly to alcohol, has put his support behind such a measure for the 2016 session

[caption id="attachment_9141" align="alignright" width="240"] VT House Speaker Shap Smith (photo: Ben Sarle) .[/caption]

Vermont Public Radio reports:

For months, Smith has taken a "wait and see" position concerning the legalization of marijuana. He said he wanted to remain undecided until Vermont lawmakers could closely evaluate the experience of Colorado and Washington, the two states that have legalized marijuana for more than a year.

Smith is seeking the Democratic gubernatorial nomination in 2016, and this legislation could be become a campaign issue.

Smith says he thinks it makes sense for Vermont to legalize marijuana if it can be done with a thoughtful approach.

"It's clear to me in my discussions with Vermonters that in general, the people in this state probably favor legalization,” Smith said on VPR's Vermont Edition on Aug. 28. “And I certainly believe that we can legalize marijuana if we do it right … we've seen what has happened in Colorado and Washington, and we can learn from their experiences."

Earlier this year, Sen. David Zuckerman and Rep. Chris Pearson introduced legislation to regulate marijuana, but the session adjourned before they were able to get a vote.

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On Thursday, a Michigan official denied an application to add autism to the list of qualifying conditions for medical marijuana in the state.

Detroit Free Press reports:

The decision followed three years of efforts by parents of autistic children, their lawyers and supporters to have Michigan become the first state to specify that marijuana could be used to treat autism.

Mike Zimmer, appointed in December as director of the Michigan Department of Licensing and Regulatory Affairs — LARA — said he was concerned that an approval would apply not just to serious cases of autism but to all cases. And he said that parents applying to use medical pot would need the approval of two medical doctors, yet there was no requirement that either doctor be experienced in treating autism.

...

No state specifically allows medical cannabis for autism, although California and Washington, D.C., allow using the drug for any condition that a medical doctor believes it may help, said Karen O’Keefe, director of state policies for the Marijuana Policy Project, a nonprofit group that favors legalizing marijuana.

...

A bill that would broaden Michigan’s medical marijuana act to allow other forms of medical pot — House Bill 4210, sponsored by state Rep. Lisa Posthumus Lyons, R-Alto — has been in the House Judiciary Committee since February, after a similar bill failed to pass last year.

While this is disappointing, it does provide a road map of sorts for a successful application next time. Hopefully, autism sufferers will soon be able to access medical marijuana in Michigan.

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Georgia has begun releasing marijuana and other drug offenders who were sentenced under the state’s harsh sentencing laws. The new law allows those facing life sentences for illicit sales to be considered for parole. Unfortunately, it doesn’t apply to those facing sentences just for possession.

Following adoption of a misguided “get tough on crime” campaign in the 90’s, many Georgians found themselves in horrifically long prison terms for nonviolent offenses, including the sale of marijuana. Journalists with the Atlanta Journal-Constitution found that black people were an astonishing 26 times more likely to receive life sentences than were whites under these laws.

For many, the war on marijuana seems to be winding down. But for those who languish in prison under long sentences, the war could mean a life sentence.

[caption id="attachment_9133" align="alignright" width="300"] Darion Barker (Photo: Bob Andres)[/caption]

The first person to benefit from the new law was Darion Barker, sentenced to life in prison without possibility of parole for sale of marijuana and other drugs. Officials released him in July after serving 20 years.

But while the new law is a major step forward, there is more to do. Others just like Darion remain behind bars, many for lesser charges, including marijuana possession. If you are a Georgia resident, please ask your representative and senator to include those subject to long prison sentences for possession to be eligible for parole like Darion.

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MPP is pleased to announce the release of our annual list of the “Top 50 Most Influential Marijuana Consumers” in the United States!

President Barack Obama is at the top of the list, followed by several 2016 presidential candidates. At least eight (and as many as 17) of the 23 major-party presidential hopefuls have said or strongly indicated that they have consumed marijuana: Jeb Bush, Lincoln Chafee, Ted Cruz, George Pataki, Rand Paul, Marco Rubio, Bernie Sanders, and Rick Santorum.

Nine others do not appear to have said whether they have consumed marijuana, and they did not respond to inquiries from MPP: Joe Biden, Ben Carson, Carly Fiorina, Jim Gilmore, Lindsey Graham, John Kasich, Bobby Jindal, Martin O’Malley, and Jim Webb. Only six candidates have said they never used marijuana: Hillary Clinton, Chris Christie, Mike Huckabee, Rick Perry, Donald Trump, and Scott Walker.

The list is intended to identify individuals who have used marijuana and achieved high levels of success or influence. It was created using the same criteria employed by Out Magazine to produce its "Power 50” list of LGBT Americans, such as “power to influence cultural and social attitudes, political clout, individual wealth, and a person’s media profile.” To qualify for MPP’s list, individuals must (1) be alive, (2) be a U.S. citizen, and (3) have consumed marijuana at least once in their life according to either their own account or that of a legitimate source. They do not need to currently consume marijuana or support marijuana policy reform.

The list is available here.

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Recent polls conducted in Iowa and New Hampshire in preparation for the presidential primary elections there show that a majority of voters in both parties think states should be able to carry out their own marijuana laws without federal interference. Public Policy Polling reports that 71% of Iowa respondents and 73% of New Hampshire respondents want the federal government to stay out of marijuana policy.

This poll also shows that support for state freedom in determining marijuana policy is non-partisan and has taken hold among Republicans as well as Democrats and Independents. 64% of Iowa Republicans and 67% of New Hampshire Republicans are in favor of the next president respecting state marijuana laws.

For more information, please visit Marijuana Majority.

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Nevada patients who have been waiting for years for a licensed dispensary to open in the Las Vegas area finally have some good news. On Monday, doors opened to the Las Vegas area’s first dispensary — Euphoria Wellness. Over 70% of Nevada’s medical marijuana patients are located in Clark County and, until now, they had nowhere to purchase their medicine.

In 2000, voters overwhelmingly supported an initiative that made Nevada one of the earliest states to adopt a medical marijuana law. It took the Nevada Legislature another 12 years to pass a law permitting regulated businesses to provide Nevadans with safe access to cannabis. The first store opened a few weeks ago in Sparks — a little over two years after the bill allowing dispensaries was passed.

The delays have been very frustrating for patients, but hopefully this is a sign that Nevada is finally getting its act together and implementing the medical marijuana law in an appropriate manner.

For more information on the medical marijuana program, visit the Department of Health and Human Services’ website.

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