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Medical Marijuana

Tennessee Medical Marijuana Legislation to Be Introduced

Dec 20, 2016 Kate Bell

ID card, Jeremy Faison, medical, opioid, overdose, Steve Dickerson, Tennessee

Last week, Tennessee State Rep. Jeremy Faison (R-11) and Sen. Steve Dickerson (R-20) announced that they are introducing a medical marijuana bill to bring meaningful access to many patients in Tennessee.1280px-flag_of_tennessee-svg
While the full text of the bill is not yet publicly available, the legislators’ plan allows patients with a doctor’s recommendation and a $35 ID card to purchase medicine at one of 150 dispensaries across the state. They also noted that their proposed program could help address the opioid epidemic; studies have shown a 25% drop in opioid overdoses in states with effective medical marijuana programs.
If you are a Tennessee resident, please request that your legislators support the plan, and stay tuned for more information about this bill.

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Tax and Regulate

Marijuana Now Legal In Massachusetts

Dec 20, 2016

Campaign to Regulate Marijuana like Alcohol, cultivation, MA, Massachusetts, possession

Massachusetts residents are allowed to legally possess and grow marijuana as of December 15, ending the state’s 100-year prohibition era marked by vast social injustices, wasteful government spending and ineffective public policyyes_on_4_logo_header

Persons age 21 and older are allowed to possess up to one ounce of marijuana on their person up to 10 ounces in their homes, and are permitted to give an ounce or less of marijuana to others. Any quantity above one ounce in the home must be under lock and key. Residents will also be allowed to grow six plants per person in their homes, with a maximum of 12 plants per household.

No plants can be visible by neighbors or from a public place and all growing areas must be under lock and key. Landlords have the right to prohibit smoking or growing of marijuana in their properties.

Public consumption of marijuana remains prohibited under the new law, as does the unlicensed sale of any amount.

MPP and our allies will continue to work with the state government to ensure that the rest of the law is implemented effectively so that the regulated adult market is on its feet as soon as possible.

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Medical Marijuana

Proposed Ohio Medical Marijuana Regulations Released

Dec 16, 2016 Chris Lindsey

dispensaries, Level II, OH, Ohio, physicians, regulations

flag_of_ohio-svgProposed rules were published yesterday governing both dispensaries and physicians operating in the emerging medical marijuana program in Ohio. Both sets of proposed rules are available online. Members of the public are invited to review and comment on them before January 13, 2017.
Most of the proposed rules are sensible, but there is room for improvement. One area of concern is the state’s initial proposal to limit the total number of dispensaries to 40. Given the state’s population and the likely size of the program, such a low number could create significant access problems for patients.
In addition to the newly proposed rules, the state also published a revision to its cultivation rules, available here. While still short of ideal, the state made several major improvements, including doubling the number of smaller, Level II licenses, increasing the square footage limits for all cultivators, and lowering the financial burden.
If the dispensary or physician rules could affect you, please take a moment to review and comment. The rules and instructions for commenting are available here. A more detailed analysis of the rules and how the program could be impacted will be published on our website in the coming weeks.

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Research

Annual Study Shows Teen Marijuana Use Stable, Accessibility Decreasing

Dec 13, 2016 Morgan Fox

accessibility, Monitoring the Future, MTF, National Institute on Drug Abuse, NIDA, teen use, University of Michigan

The results of an annual survey of U.S. middle and high school students released Tuesday invalidate claims that reforming marijuana laws and debating legalization will lead to increased marijuana use among teens.mtf-logo-high-res-300x194

According to the Monitoring the Future Survey sponsored by the National Institute on Drug Abuse (NIDA):

•    Among 8th-graders, the rate of past-year marijuana use dropped significantly from 11.8% in 2015 to 9.4% in 2016, its lowest level since 1993. Past-month marijuana use also dropped significantly, from 6.5% in 2015 to 5.4% in 2016, and daily use dropped from 1.1% in 2015 to 0.7% in 2016.

•    Among 10th- and 12th-graders, rates of past-year, past-month, and daily marijuana use remained relatively stable compared to last year.

•    Rates of use among 12th-graders appear to be higher in states with medical marijuana laws than in states without them, but previous studies have found that rates of use were already higher prior to the adoption of such laws.

•    Students’ perception of risk surrounding marijuana remained relatively stable from 2015 to 2016. The perception that marijuana is very easy or fairly easy to access declined slightly for 8th- and 10th-graders, and it increased slightly for 12th-graders.

Since 2012, eight states and the nation’s capital have adopted laws that make marijuana legal for adult use. Since 1996, 28 states have adopted laws that make marijuana legal for seriously ill patients whose doctors recommend it.

MPP's Mason Tvert sees this as more evidence that one of the more popular claims by prohibitionists is simply a scare tactic:

“Every time a state considers rolling back marijuana prohibition, opponents predict it will result in more teen use. Yet the data seems to tell a very different story. There has been a sea change in state marijuana laws over the past six years and teen usage rates have remained stable and even gone down in some cases.

“The best way to prevent teen marijuana use is education and regulation, not arresting responsible adult consumers and depriving sick people of medical marijuana. It is time to adopt marijuana policies that are based on evidence instead of fear.”

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Medical Marijuana

Congress Extends Budget Protecting Medical Marijuana Programs Though April

Dec 13, 2016

budget, Congress, Department of Justice, DOJ, Jeff Sessions, spending bill, Trump

State medical marijuana patients can breathe a sigh of relief … for now. Congress just passed a spending bill that will keep the Department of Justice’s budget intact until April 28, 2017.united_states_capitol_-_west_front
This bill temporarily renews a spending provision that protects medical marijuana patients and businesses from being targeted by the DOJ as long as they follow state law.

When Trump’s pick for attorney general, anti-marijuana Senator Jeff Sessions, steps into office, he will not be able to go after lawful medical marijuana patients and entities for several months (if he opts to do so at all).

Since these protections are only temporary, we must push strongly to keep intact the current federal policy that allows states to regulate marijuana without intrusion by the federal government.

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Prohibition

Louisiana Man Serving 13 Years for Two Joints Has Sentence Reduced

Dec 09, 2016

Bernard noble, Huffington Post, Jee Park, LA, Leon Cannizzaro, Louisiana, parole, prison

[caption id="attachment_10209" align="alignright" width="200"]bernard-noble Bernard Noble[/caption]

Simply being arrested for marijuana possession is bad enough, and can have life-long consequences. But imagine spending 13 years in prison for a small personal amount of a substance that is objectively safer than alcohol. That's what Bernard Noble, a Louisiana man with a history of minor non-violent drug possession offenses, has been subjected to since being convicted in 2010. Now, thanks to the tireless work of his family, his defense attorney, advocates around the country, he will free in 2018.

Huffington Post reports:

Bernard Noble, a 50-year-old father of seven, has spent the last six years in prison in Louisiana serving out a sentence of 13 and a half years for possession of what was the equivalent of two joints’ worth of marijuana.

Noble’s case was a rallying cry for those seeking reform of harsh sentencing for nonviolent drug offenders. And Monday, after years of litigation, multiple articles on his case (including from The Huffington Post), documentaries, podcasts, rallies and petitions, Orleans Parish District Attorney Leon Cannizzaro agreed to resentence Noble to eight years, Noble’s attorney Jee Park announced in a statement. That means he could be free in less than two more years given the time he’s already served behind bars.

“To me, eight years is still too long for Bernard and his family,” Park said, “but the prospect of going home and being reunited with his children in less than 2 years brought relief to Bernard.”

Park said she’s hopeful that Noble, who she described as a “caring and responsible father, successful entrepreneur, [with] no violence in his past” might be paroled and released even sooner. Noble’s previous sentence did not include the possibility of parole.

Noble was caught with the equivalent of two joints’ worth of marijuana in 2010. At first, Noble was sentenced to five years in prison. But the Orleans Parish District Attorney’s office appealed that ruling and took the case all the way to the state Supreme Court.

Noble had seven prior convictions on his record, stretching back to 1989. All were convictions for possession of small amounts of drugs; two were for cocaine and the rest were for marijuana. All were nonviolent, and four were misdemeanors and three were felonies. The state used two of the felony charges in their branding of Noble as a “habitual offender” under Louisiana law. That allowed them to apply the maximum possible sentence against Noble, without a chance of parole.

...

Read HuffPost’s full interview with Noble from 2015 here.

MPP would like to congratulate Mr. Noble on this victory and thank all the people whose efforts are helping bring him home.

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Medical Marijuana

Montana Court Rules Medical Marijuana Providers Can Start Helping More Patients Immediately

Dec 08, 2016 Chris Lindsey

caregivers, I-182, James Reynolds, Montana, Montana Cannabis Industry Association, MT, MTCIA

In an important new development in Montana, District Court Judge James Reynolds ruled Wednesday that medical marijuana providers may serve more than three patients starting immediately. This is welcome news to over 11,000 patients who may now re-establish critical access to medical marijuana. Without the ruling, severe limitations for patients would not have been removed until July of 2017. Following today’s decision, there is no need for delay.2000px-flag_of_montana-svg
Voters in Montana adopted I-182 in November, undoing many harmful provisions in the state medical marijuana law and creating new protections for businesses. Unfortunately, a typo contained in the measure suggested that providers could not re-establish their relationship with patients well into next year. The state would not simply correct the error, so the Montana Cannabis Industry Association (MTCIA), which supported the measure, sought relief in state court. Today’s ruling is yet another victory for patients and those who provide to them.
Special thanks to the MTCIA and their supporters for their hard work in support of the measure, and for taking the matter to court when relief was critical to thousands.

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Tax and Regulate

Maine Initiative Recount Wasting Time and Taxpayer Money

Dec 08, 2016

Campaign to Regulate Marijuana like Alcohol, David Boyer, Maine, ME, Oxford Casino, recount, Yes on 1

Last week, the group opposing the successful initiative to make marijuana legal in Maine moved forward with a recount, despite the cost to the taxpayer and the very slim chances of overturning Question 1.yes1

“We respectfully ask the No on 1 Campaign to follow the lead of the No on 2 Campaign and withdraw their recount request,” said David Boyer, Campaign Manager for the Yes on 1 Campaign. “There is no evidence that a recount would change the result of Question 1. At the same time, $500,000 would be wasted on the process of recounting ballots. That’s half a million taxpayer dollars that should be spent on heating homes and funding schools.”

The most recent statewide recount in Maine was the 2010 Oxford Casino initiative, when the opposition campaign demanded a recount. The Yes campaign won the original vote by 4,723 votes, and after roughly 20% of the recount was complete, the margin of victory actually increased.

Not satisfied with simply wasting taxpayer money, the prohibitionists couldn't even be bothered to show up to the first day of counting with the legally required number of people to count the votes!

David Boyer, campaign manager for Yes on 1, said volunteers with his campaign pitched in to count for the “No” side to keep the process going on Monday and Tuesday.

“That is, quite frankly, silly. The whole point is to ensure the integrity of the vote and they can’t be bothered to do that,” he said. “What are we doing here?”

Boyer said the No on 1 campaign’s “lack of organization is costing taxpayers more money because it’s going slower.”

 

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Prohibition

Obama Thinks Marijuana Should Be Legal, Still Has Time for Pardons

Dec 08, 2016 Morgan Fox

Bill Maher, California, DEA, Justice Department, Obama, Rolling Stone

In an interview with Rolling Stone published Nov. 29, President Barack Obama spoke candidly about how he thinks marijuana should be treated:

You can now buy marijuana legally on the entire West Coast. So why are we still waging the War on Drugs? It is a colossal failure. Why are we still dancing around the subject and making marijuana equivalent to a Schedule I drug?

640px-2011_state_of_the_union_obama

Look, I’ve been very clear about my belief that we should try to discourage substance abuse. And I am not somebody who believes that legalization is a panacea. But I do believe that treating this as a public-health issue, the same way we do with cigarettes or alcohol, is the much smarter way to deal with it. Typically how these classifications are changed are not done by presidential edict but are done either legislatively or through the DEA. As you might imagine, the DEA, whose job it is historically to enforce drug laws, is not always going to be on the cutting edge about these issues.

[Laughs] What about you? Are you gonna get on the cutting edge?
Look, I am now very much in lame-duck status. And I will have the opportunity as a private citizen to describe where I think we need to go. But in light of these referenda passing, including in California, I've already said, and as I think I mentioned on Bill Maher's show, where he asked me about the same issue, that it is untenable over the long term for the Justice Department or the DEA to be enforcing a patchwork of laws, where something that's legal in one state could get you a 20-year prison sentence in another. So this is a debate that is now ripe, much in the same way that we ended up making progress on same-sex marriage. There's something to this whole states-being-laboratories-of-democracy and an evolutionary approach. You now have about a fifth of the country where this is legal.

Lame duck or not, there are still more than 40 days for Pres. Obama to grant pardons or commute sentences for those convicted of federal marijuana violations. Please contact the White House and ask the president to use his remaining time in office to restore justice for the victims of marijuana prohibition.

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Uncategorized

Marijuana Policy Reformers Wary of Jeff Sessions as Attorney General

Dec 08, 2016

attorney general, DEA, Department of Justice, DOJ, Donal Trump, Jeff Sessions, Robert Capecchi

[caption id="attachment_10197" align="alignright" width="170"]jeff_sessions_by_gage_skidmore Sen. Jeff Sessions (PHOTO: Gaga Skidmore)[/caption]

President-elect Trump's pick for the top law enforcement position is known for making some disturbing statements, particularly about marijuana, that have made activists extremely nervous about federal marijuana policy in the next administration. Sen. Jeff Sessions (R-Alabama), who is likely to be confirmed as attorney general in the coming months, has been pretty clear that he is no fan of marijuana, legalization, or marijuana consumers.

The Week reports:

Sessions has called for more federal prosecutions of marijuana growers and businesses in states where it is legal. He said in April that it's important for the government to send a "message with clarity that good people don't smoke marijuana." He declared that "we need grownups in charge in Washington to say marijuana is not the kind of thing that ought to be legalized, it ought not to be minimized, that it's in fact a very real danger."

One of the major difficulties in the burgeoning pot industry has long been the federal government's ability to prosecute businesses that the states say are legal. Making Sessions the head of the agency in charge of federal law enforcement and prosecutions has many in the cannabis community quite concerned.

...

Robert Capecchi, the director of federal policies at the Marijuana Policy Project, noted that Sessions would face at least one stumbling block: The Rohrabacher-Farr amendment to the annual appropriations bill (which has to be renewed annually) prohibits the Department of Justice and the DEA from using money to target or prosecute state-compliant medical marijuana businesses. But other than that hurdle, Capechhi said, the only thing standing between Sessions and a crusade against states' legal pot industries is "just DOJ policy." And policies are not laws. "There's nothing set in stone."

Capecchi, though, is holding out hope, noting that Trump had suggested on the campaign trail that he supported medical marijuana and the states' rights argument in favor of full legalization. "I think the business man in Mr. Trump can see if you go after these businesses you drive all this legal and regulated marijuana market back underground."

Many marijuana policy reform supporters, including MPP, are hopeful that Sessions will respect the rights of states to establish their own marijuana policies — a position President-elect Trump took during the campaign). Of course we will be closely monitoring the situation, defending the progress we have made so far, and continuing to pressure the administration and Congress to end marijuana prohibition.

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