On Friday, the District of Columbia Superior Court upheld the Local Budget Autonomy Act of 2012, which 82% of D.C. voters approved in spring of 2013. Then, on Tuesday, D.C.’s Attorney General and Chief Financial Officer said they would not appeal.
Now, instead of having to wait for Congress to appropriate funds to D.C., the budget will simply be reviewed in the same way as every other law passed by the D.C. Council. So, the appropriations rider that has blocked the council from making any improvements to D.C.’s marijuana policies will expire on September 30, 2016. This means that the council can move forward to determine how to tax and regulate marijuana and pass a law to do so this fall.
While Congress could still block a tax and regulate bill or a D.C. budget that includes funds for the regulation of marijuana sales, it would have to do so by passing a joint resolution in both houses that would be subject to presidential veto. Thanks to congressional gridlock and President Obama’s support for D.C. choosing its own marijuana policy, this would be much more difficult than simply adding a rider to a lengthy appropriations bill funding the federal government.
appropriations, budget, Congress, District of Columbia, Local Budget Autonomy Act of 2012, President Obama, rider
[caption id="attachment_9704" align="alignright" width="201"] Mayor Mitch Landrieu[/caption]
On Wednesday, Mayor Mitch Landrieu signed into law an ordinance decriminalizing marijuana possession in the City of New Orleans! Last week the City Council unanimously passed Councilwoman Susan Guidry’s measure, ordinance 31,148. Thanks to everyone who spoke out or turned out in support and to CommonSense NOLA for leading the charge.
Ordinance 31,148 allows law enforcement to issue a ticket — rather than arrest — for marijuana possession, and reduces penalties from possible jail time to a civil fine of $40 to $100 if the officer cites under local law instead of arresting under state law. The ordinance will go into effect on June 21 of this year. For more details, click here.
Also reminder that the Louisiana legislative session is now open and medical marijuana is on the agenda. If you are a Louisiana resident, please to let your representative and senator know that you wish to see a workable medical marijuana program in your state.
CommonSense NOLA, Louisiana, Mitch Landrieu, New Orleans, Susan Guidry
While there were over two-dozen marijuana-related bills introduced in Washington this year, only a handful passed before the regular legislative session wrapped up. Those that did pass now await Gov. Jay Inslee’s signature. They make improvements, but their changes are slight compared with many others that fell short this year.
Those before the governor include HB 2584, which would limit the amount of information a marijuana business must publically disclose about its operations. Another tweaks the procedural hurdles that might prevent dispensary staff from disposing of marijuana when ordered to do so, and a third would create a category of license for those cultivators who grow plants for cooperatives.
Two other marijuana bills passed but were vetoed because they did so after the regular legislative session ended. One would have allowed retails shops to sell non-marijuana items, and the other addressed laws related to cannabis research licenses.
While many of this year’s marijuana bills technically remain alive as the legislators continue to meet in a special session, most believe they will not advance further. The special session was called to address the state budget, where deep divisions remain in Olympia.
Unfortunately, key efforts like establishing marijuana café licenses will have to wait until 2017 when new bills can be introduced. But with the strong interest lawmakers showed in marijuana legislation this year, we will no doubt revisit many of these issues next year.
Unfortunately, the Maryland House of Delegates just took a step backwards and passed HB 777, a regressive bill that would saddle people with a criminal record for low-level marijuana offenses. Although smoking marijuana in public is already punishable by a stiff civil fine of up to $500, this bill would make it a criminal offense. A criminal record can make it hard to get jobs, employment, and an education, and it’s all the more alarming given racial disparities in marijuana law enforcement.
The good news is that the strong opposition from the Marijuana Policy Coalition of Maryland helped get several amendments added to the bill that help mitigate its impact. And, although the vote in favor of the bill was a disappointing 102-35, several delegates deserve special mention for speaking out against it: Del. Eric Luedtke (D-Montgomery County), Del. Marc Korman (D-Montgomery County), and Del. Joseline Peña-Melnyk (D-Anne Arundel & Prince George’s Counties). In addition, Del. Dan Morhaim deserves thanks for amending the bill to help protect medical patients by excluding them from its criminal penalties if they are using a vaporizer.
Despite this setback, however, the fight isn’t over. The bill will now move to the Senate for consideration, and the coalition will continue working to ensure that Maryland’s cannabis policies continue to move forward, not backward.
Anne Arundel, Eric Luedtke, HB 777, Joseline Pe–a-Melnyk, Marc Korman, Marijuana Policy Coalition of Maryland, Maryland, MD, Montgomery County, possession, Prince GeorgeÕs County, public consumption, public use
New information from the Postal Service reveals that inspectors are finding less marijuana moving through the system as retail marijuana stores are opening in states that have made it legal.
U.S. News reports:
Statistics provided to U.S. News by the U.S. Postal Inspection Service show that marijuana package intercepts declined again in fiscal year 2015, the first annual period that wholly encompasses state-regulated recreational marijuana sales in Colorado and Washington state.
Inspectors seized 7,783 marijuana-containing parcels during the fiscal year that ended Sept. 30, a 2.6 percent drop. The collective weight of the contraband was 34,305 pounds, down 12.7 percent from the previous year.
It’s a second year in a row of such declines. In fiscal year 2014, which featured nine months of Colorado sales and three months of Washington retail operations, intercepted packages fell by 12.2 percent and their collective weight dropped by 12.7 percent.
Marijuana is the most common illegal drug seized by postal inspectors, often after reports of a suspicious odor. Though the Obama administration tolerates state-regulated medical and recreational marijuana markets, possession of the drug for any reason outside limited research remains a federal crime, as does shipping it through the mail system, even within state-legal jurisdictions.As the numbers trend downward, pro-legalization policy advocates sense validation for their claims that black-market illegality can be crushed and drug cartels put out of business by treating the drug like alcohol.
"It's clear the system is working as intended," says Marijuana Policy Project spokesman Mason Tvert, a leader of Colorado's 2012 legalization campaign. "What we're seeing is adults are purchasing marijuana, but there haven't been significant efforts to get it to other states through the mail, as some feared. People want to follow the law."
Mason Tvert, seizure, U.S. News, U.S. Postal Inspection Service
After years of advocacy from patients and their loved ones, the Pennsylvania House of Representatives approved compassionate, comprehensive medical cannabis legislation this evening!
SB 3 will now return to the Senate, which approved the bill last May, to consider the House’s amendments. Gov. Tom Wolf has been a strong champion of the issue and will sign the legislation when it arrives at his desk.
SB 3 allows patients with qualifying conditions to use and safely access medical cannabis with their physicians’ recommendations. As amended by the House, it allows up to 25 growers and processors to produce medical cannabis, which would be dispensed by up to 50 dispensaries with up to three locations each.
Qualifying conditions include cancer, HIV/AIDS, multiple sclerosis, seizures, autism, sickle cell anemia, and intractable pain if conventional therapies or opiates don’t work or are contraindicated. More details are available here.
Thank you to everyone who has worked so hard for so long to make this compassionate bill a reality, including the amazing team at Campaign4Compassion, the American Trade Association for Cannabis and Hemp, Gov. Tom Wolf, Sens. Mike Folmer and Daylin Leach and their staff, especially MP Tomei, Reps. Mike Regan, Nick Miccarelli, Russ Diamond, and Joe Petrarca and staffer Sarah Speed, Majority Leader Dave Reed, and MPP’s lobbyist Jim Davis!
American Trade Association for Cannabis and Hemp, autism, Campaign4Compassion, Daylin Leach, HIV/AIDS, Jim Davis, Joe Petrarca, Majority Leader Dave Reed, Mike Folmer, Mike Regan, MP Tomei, multiple sclerosis, Nick Miccarelli, PA, Pennsylvania, Russ Diamond, Sarah Speed, SB 3, seizures, sickle cell anemia, Tom Wolf
On Monday, the Campaign to Regulate Marijuana Like Alcohol in Massachusetts announced the installation of a St. Patrick’s Day-themed billboard in Boston that highlights the relative safety of marijuana compared to alcohol.
The billboard features a green beer, a glass of whiskey, and a marijuana leaf below the words, “Beer,” “Liquor,” and “Safer,” respectively. It directs viewers to RegulateMass.com/Safer, which details several ways in which marijuana is significantly less harmful than alcohol to the consumer and to society.
“Our goal is to make this year’s St. Patrick’s Day festivities as educational as they are enjoyable,” said CRMLA Campaign Manager Will Luzier, who previously served as executive director of the Massachusetts Interagency Council on Substance Abuse and Prevention. “While folks are celebrating with a pint of green beer or a glass of whiskey, we want them to think about the fact that marijuana is an objectively less harmful substance."
beer, billboard, Boston, Campaign to Regulate Marijuana like Alcohol, CRMLA, Massachusetts, St. Patrick's Day, whiskey, Will Luzier
Just days after the New Hampshire House approved a bill that would remove the threat of arrest for low-level marijuana possession, a man in jail on a possession charge died of unknown causes in his cell.
NHPR reports:
A homeless man jailed for marijuana possession and unable to come up with the $100 cash bail was found dead in his cell at the Valley Street Jail in Manchester Sunday.
[caption id="attachment_9681" align="alignright" width="225"]
Jeffrey Pendleton (Photo: NH-ACLU)[/caption]
Jeffrey Pendleton, 26, was found unconscious in his cell during a routine head count. Efforts to revive him were unsuccessful.
In a press release Monday, jail officials say there were no apparent signs of distress.
An investigation into the cause of death is ongoing.
Pendleton had been in jail since Wednesday, a day after Nashua police arrested him on a misdemeanor count of marijuana possession.
While the cause of death is currently unknown, this young man might still be alive if he hadn't been jailed for possessing a substance that is objectively safer than alcohol.
We need to make sure this never happens again in the Granite State. If you are a New Hampshire resident, please contact your senators and urge them to support decriminalizing marijuana possession.
ACLU, Granite State, jail, Jeffrey Pendleton, Manchester, Nashua, New Hampshire, NH, NHPR, Valley Street Jail
Yesterday evening, despite a negative recommendation from the Criminal Justice and Public Safety Committee, the New Hampshire House of Representatives kept its streak of passing marijuana decriminalization bills alive when it overturned the committee and approved HB 1631 in a voice vote. Sponsored by Rep. Adam Schroadter (R-Newmarket), this sensible bill would reduce the penalty for possessing up to one-half ounce of marijuana to a violation punishable only by a fine. The House has now passed decriminalization bills seven times dating back to 2008.
Every other New England state has already decriminalized possession of small amounts of marijuana. Unfortunately, the Senate has failed to pass any of the six decriminalization proposals that have been approved by the House. Last year, the Senate nearly reached a compromise on a bill similar to HB 1631, but it was tabled on the last day of session.
If you are a New Hampshire resident, please send your senator an email in support of this bill.
Adam Schroadter, decriminalization, HB 1631, New Hampshire, NH, Senate
[caption id="attachment_9642" align="alignright" width="250"] Scott Anderson and David Boyer[/caption]
The Campaign to Regulate Marijuana Like Alcohol in Maine filed a lawsuit in Kennebec County Superior Court on Thursday challenging the Secretary of State’s decision to disqualify the measure from the November ballot. According to the suit, which is now available online at http://bit.ly/1pzNhVO, state officials improperly invalidated thousands of signatures of registered Maine voters and unlawfully denied citizens their constitutional right to vote on the measure.
Campaign leader David Boyer and attorney Scott Anderson announced the details of the suit at a news conference in the office of Portland law firm Verrill Dana. Anderson is representing a group of Maine voters who signed the petition in support of the initiative, including Boyer, State Sen. Eric Brakey, and State Rep. Diane Russell, among others.
Last week, the Secretary of State’s Office announced that the proposed initiative did not qualify for the November ballot. 61,123 signatures of registered Maine voters were required, and state officials determined that initiative backers submitted 51,543 valid signatures. In a document explaining their determination, state officials said they invalidated more than 5,000 petitions, which included more than 26,000 total petition signatures, solely due to their finding that the signature of a notary did not “match” the signature the state has on file. It appears more than 17,000 signatures were otherwise valid signatures of registered Maine voters.
According to the initiative backers’ lawsuit, the Secretary of State’s decision is flawed because the disputed signatures do, in fact, match those on file and because the Secretary of State acted outside his authority in invalidating the petitions.
The Secretary of State did not provide any factual findings to explain how the notaries’ signatures on the petitions differed from those on file, and neither the state constitution nor the governing statute authorize the Secretary of State to disqualify otherwise valid petitions based on a subjective comparison of signatures performed by a non-expert employee. The suit also points out instances in which the Secretary of State invalidated petitions because the signature of the individual who notarized them did not match the signature on file, but validated other petitions in which the same individual signed as a circulator using the same signature.
Campaign to Regulate Marijuana like Alcohol, David Boyer, Diane Russell, Eric Brakey, lawsuit, Maine, ME, notary, Portland, Scott Anderson, secretary of state, Verrill Dana