Today, the Nevada Tax Commission adopted temporary regulations proposed by the Department of Taxation allowing the state to issue recreational marijuana licenses by July 1, 2017. The ballot measure requires the state to initiate sales by January 1, 2018, but this “early start” program will allow businesses to open six months sooner.

Only medical marijuana establishments that are already in operation can apply to function as recreational retailers during the early start period. The establishments must be in good standing and must pay a one-time, nonrefundable application fee as well as a specific licensing fee. The establishment must also provide written confirmation of compliance with their municipality’s zoning and location requirements.

The tax department plans to accept applications from May 15 to May 31 of this year, and a second application period is anticipated later in the year. The incentive for the early start program stems from Gov. Brian Sandoval’s proposed budget request, which includes $70 million from recreational marijuana taxes over two years to support education.

Now, the focus shifts to local governments given that marijuana companies need both a state and local license to operate.

The Florida legislative session ended without a medical marijuana implementation bill being passed. As a result,  state health officials will now have to implement Amendment 2, the initiative approved last November by more than 71% of voters.

According to a report from the News Service of Florida:

A potential deal collapsed Friday evening after the House amended its proposal (HB 1397) to impose a cap of 100 retail outlets for each of the state's medical marijuana operators, over the objections of some Democrats. The Senate had proposed a cap of 10, at least for now.

The Florida Department of Health now has until next month to issue regulations for implementation of Amendment 2. Unfortunately, the Department of Health’s proposed guidelines, circulated earlier this year, are too restrictive and inconsistent with the overwhelmingly popular amendment. MPP submitted public comments criticizing the Department’s proposed regulations.

If you reside in Florida, please contact the Department of Health’s Office of Compassionate Use and request that regulations be focused on patient access and market accessibility. Specifically, tell the Department of Health to:

1. Allow physician recommendations without requiring doctors to specify a type or quantity of medical marijuana;
2. Permit patients to use medical marijuana by smoking, vaping, or consuming edibles; and
3. Avoid any limitation on the doctor-patient relationship and allow doctors to recommend after a reasonable assessment.

The Coalition to Regulate Marijuana Like Alcohol has filed a ballot initiative to end marijuana prohibition in Michigan.

The signature drive is expected to begin shortly after the State Board of Canvassers meets to review and approve the petition language. After that, the campaign must collect enough signatures to place the marijuana legalization initiative on Michigan’s November 2018 statewide ballot.

Like Michigan’s medical marijuana law, the initiative would create five categories of licensed marijuana businesses that would be regulated by the state and subject to local control. This would include cultivators, processors, testing facilities, secure transporters, and retailers.

The initiative would allow adults age 21 and older to legally possess up to 2.5 ounces of marijuana and grow up to 12 marijuana plants in their residences. The law would also legalize the cultivation of industrial hemp.

If the initiative is approved by voters in November 2018, Michigan would join Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Washington, and the District of Columbia in legalizing marijuana for adults.

For more information about the Coalition to Regulate Marijuana Like Alcohol, please visit RegulateMI.org.

On Friday, for the second time this year, the Vermont Senate voted to legalize marijuana for adults’ use! The Senate voted 20-9 to attach the legalization language from H. 170 to an unrelated bill, S. 22, and added a study commission to consider regulation and taxation. It will now be up to the House whether or not to concur with the Senate’s offer of amendment.

This move represents an attempt by the Senate to compromise with the House, which voted for the first time in its history to legalize marijuana earlier this week. H. 170, which would eliminate penalties for adults’ possession of one ounce or less of marijuana, two or fewer mature plants, and four or fewer immature plants, passed the House in a 75-71 vote. The Senate prefers a regulated market approach, but today’s vote shows that senators are willing to accept H. 170 as long as it includes a pathway to sensible regulation.

Matt Simon, New England political director for the Marijuana Policy Project, released the following statement in a press release:

“You have to give the Senate credit for standing up for Vermont voters, who strongly support making marijuana legal for adults. We hope the House will do the same and concur with S. 22 as amended by the Senate. This is not just a reasonable compromise, but an important step forward for supporters of both home cultivation and regulation. The bill would eliminate penalties for adult possession and cultivation, as the House sought to do with H. 170, and create a commission to explore regulating and taxing marijuana, which the Senate clearly supports. This bill proposes a very thoughtful and deliberate approach to replacing prohibition with a more sensible marijuana policy.”

A television ad in support of a bill to reduce marijuana penalties in Texas will begin airing Friday, just days before the state House of Representatives is expected to vote on the measure. It can be viewed here.

The 30-second spot features Nick Novello, an active duty police officer and 23-year veteran of the Dallas Police Department, and Heather Jackson of Houston, an ovarian cancer survivor who was arrested for possession of a small amount of marijuana in El Paso in 2007.

“Arresting people for marijuana possession does not make our communities any safer,” Novello says in the ad. “It’s a terrible waste of police resources.”

Jackson notes that she was found with less than one gram of marijuana and spent a total of four days in jail. She was initially jailed for two days. She was forced to spend an additional two days in jail because she violated the terms of her probation by traveling from El Paso to Houston for treatment at MD Anderson Cancer Center.

“It has affected so many different things in my life,” Jackson says in the ad. She now has a criminal record that has prevented her from getting a teaching job.

The ad concludes by urging viewers to tell their legislators to support HB 81, a bipartisan bill that would remove the threat of arrest, jail time, and a criminal record for possession of up to one ounce of marijuana and replace them with a civil fine of up to $250. A fourth offense would result in a misdemeanor punishable by only a fine. The measure passed out of the House Criminal Jurisprudence Committee last month and is expected to receive a full vote in the House next week.

The ad is scheduled to air through Monday in Austin and through the weekend in Dallas-Fort Worth and Houston on CNN, Fox News Channel, and MSNBC.

The Justice Department will continue to be prohibited from interfering in state medical marijuana laws under the federal spending bill passed Thursday in the Senate. The bill has already passed the House, and President Trump has said he will sign it.

The legislation includes a provision that is intended to prevent the department, including the Drug Enforcement Administration, from using funds to arrest or prosecute patients, caregivers, and businesses that are acting in compliance with state medical marijuana laws.

The provision stems from an amendment originally sponsored by Rep. Dana Rohrabacher (R-CA) and former Rep. Sam Farr (D-CA), which was first approved by the House in May 2014. It was approved again by a larger margin in June 2015, then included in the continuing appropriations packages that have funded the federal government since October 2016.

Unfortunately, the spending package approved Thursday also includes a provision that prevents the District of Columbia from regulating the cultivation and distribution of marijuana for adult use. It was originally introduced by Rep. Andy Harris (R-Maryland) and approved in 2015, after District voters approved a ballot initiative to make possession and cultivation of limited amounts of marijuana legal for adults 21 years of age and older.

MPP's Robert Capecchi released the following statement:

“Congress appears to be growing increasingly comfortable with states adopting their own marijuana policies,” said Robert Capecchi, director of federal policies for the Marijuana Policy Project. “Unfortunately, spending prohibitions like these expire at the end of the fiscal year, so there is still a need for a long-term solution.

“The time is right for Congress to adopt permanent legislation that protects individuals from federal enforcement if they are in compliance with state laws,” Capecchi said. “It is difficult to understand what they’re waiting for. The vast majority of U.S. voters oppose the federal government interfering in state marijuana laws, and there is now near-universal support for legalizing medical marijuana.”

Late Tuesday, the Vermont House of Representatives made history by voting to legalize marijuana. H. 170, which would eliminate penalties for adults’ possession of one ounce or less of marijuana and limited home cultivation passed the House in a 74-68 vote. If the bipartisan measure is approved at a third reading, which is expected this week, it will advance to the Senate.

H. 170, sponsored by House Judiciary Committee Chair Maxine Grad (D-Moretown), Vice Chair Charles Conquest (D-Wells River), and ranking Republican Rep. Tom Burditt (R-West Rutland), would eliminate Vermont’s civil penalty for possessing one ounce or less of marijuana, and it would eliminate penalties for possession of up to two mature marijuana plants and up to four immature plants. Penalties for possession of more than one ounce of marijuana would also be reduced.

The Senate has already agreed with the House that personal possession and cultivation should be legal for adults. On April 21, the Senate voted 21-9 to amend a House-passed bill (H. 167) to include language of a comprehensive legalization and regulation bill. That bill, which passed the Senate, mirrors the personal possession and cultivation provisions of H.170. The original House version would not take effect until January 2019, whereas the Senate-amended bill would take effect on July 1, 2017.

MPP released the following statement in a press release:

“We applaud the House for approving this commonsense legislation and hope their colleagues in the Senate will agree that it’s time to move forward with this important reform,” said Matt Simon, New England political director for the Marijuana Policy Project. “Most Vermonters support this bill, in part because they know that marijuana is objectively less harmful than alcohol, and it’s time to start treating it that way.”

For the first time in its history, the New Hampshire Senate Judiciary Committee has voted to approve a marijuana decriminalization bill. HB 640 was amended and passed by the committee in a 3-2 vote today. A vote by the full Senate is expected on Thursday, May 11. For a summary of the bill, as amended, click here.

The House overwhelmingly approved HB 640 in February in a 318-36 vote, and it has approved similar bills eight times since 2008. The Senate Judiciary Committee vote marks the first time such a bill has been approved by a Senate committee. Gov. Chris Sununu has consistently said he supports decriminalizing possession of small amounts of marijuana and is expected to sign the bill if it is approved by the full Senate.

MPP released the following statement from New England Policy Director Matt Simon in a press release:

“This is a big step toward a more sensible marijuana policy in New Hampshire,” said Matt Simon, the Manchester-based New England political director for the Marijuana Policy Project. “It will allow police and the courts to spend their time addressing serious crimes instead of wasting it on pointless arrests and criminal prosecutions for marijuana possession.”

“The current penalties for marijuana possession in New Hampshire are causing more harm to consumers and the community than marijuana itself,” Simon said. “Every other state in New England has already stopped criminalizing people for simple marijuana possession. Granite Staters are ready to do the same.”  

HB 640, which was originally introduced in the House by Rep. Renny Cushing and a bipartisan group of co-sponsors, would remove the threat of arrest and jail time for simple marijuana possession. As amended by the Senate, the penalty for possession of up to three-quarters of an ounce of marijuana would be reduced from a criminal misdemeanor, which is currently punishable by up to one year in prison and a fine of up to $2,000, to a civil violation punishable by a $100 fine for a first or second offense and a $300 fine for a third offense within three years of the first offense. A fourth offense within three years of the first offense could be charged as a class B misdemeanor without arrest or the possibility of jail time.

In other great news, the Senate Health and Human Services Committee voted unanimously to approve HB 160, which would make post-traumatic stress disorder (PTSD) a qualifying condition for the medical cannabis program and make other positive changes to the law.

Just days after the bill was sent to his desk, Indiana Gov. Eric Holcomb signed into law HB 1148, a bill establishing a low-THC program for patients suffering from severe seizure disorders. The program will be run through the Department of Health and will allow patients access to cannabis oils containing less than 0.3% THC with their neurologists’ certification. The law takes effect on July 1, 2017, and you can check out our full summary of the program here.

While this program will only benefit a tiny fraction of patients in the state who could benefit from medical cannabis, MPP applauds this important policy step forward. Next session, we hope lawmakers will be persuaded to establish a comprehensive medical marijuana program, something that 73% of Hoosiers support.

The Vermont Legislature continues to make incremental progress on marijuana policy reform. The House Human Services Committee voted 10-0 to pass S. 16, a Senate-approved bill that would substantially improve the state’s medical cannabis program. As amended by the committee, S. 16 would add post-traumatic stress disorder (PTSD), Crohn’s disease, and Parkinson’s disease as qualifying conditions, and it would allow patients to grow their own plants without forfeiting their ability to purchase from dispensaries. It would also allow dispensaries to open additional locations in order to better serve patients.

If you are a Vermont resident, please call the House Speaker’s office today and urge House leaders to schedule a vote on the marijuana legalization bill. Adjournment is expected May 6, so please also email and call your own representatives today, and urge them to take action.