It has been a good week for marijuana policy reform in the Lone Star State.
On Monday, the House Committee on Criminal Jurisprudence approved HB 507, a bill that removes the threat of arrest, jail time, and a criminal record for possession of small amounts of marijuana — replacing them with a civil fine of up to $250. The measure will now advance to the Calendars Committee to be scheduled for a vote by the Texas House.
David Simpson, decriminalization, FBI, HB 2165, HB 507, House Committee on Criminal Jurisprudence, Texas, TX
On Monday, Tennessee Gov. Bill Haslam signed SB 280 into law. This new law, which was sponsored by Sen. Becky Massey, will allow qualified patients to legally possess cannabis oils with no more than 0.9% THC if their doctors recommend it. While this is an improvement to current law, it leaves the vast majority of medical marijuana patients without legal protections for using and possessing the medicine their doctors think is best for them.
[caption id="attachment_8753" align="alignright" width="150"] Gov. Bill Haslam[/caption]
Unfortunately, SB 280 also fails to include any regulated means for patients to access cannabis oil in Tennessee. Seriously ill patients or their families would have to travel to another state to get access to medical cannabis preparations. Not only is it illegal to transport CBD between states, it may be illegal to possession cannabis oil in states along the way. This law places patients and loved ones at risk.
While the bill takes a step forward, the law is so incomplete that MPP will still not be counting it as a “medical marijuana state.” If you are a Tennessee resident, ask your legislators to make sure this is only a first step.
Becky Massey, Bill Haslam, CBD, SB 280, Tennessee, THC, TN
Yesterday, 66% of East Lansing, Michigan, voters approved a local charter amendment to decriminalize marijuana possession and transfer by adults 21 and older of up to one ounce of marijuana. Under Michigan state law, possession of a small amount of marijuana — even a single gram — is a misdemeanor punishable by up to a year in jail and a fine of up to $2,000. Unfortunately, East Lansing police could still choose to arrest under the harsh state law, despite the mandate from voters.
This idea is hardly new. Nineteen states have already decriminalized or — in four cases — legalized marijuana. In neighboring Ohio, possession of up to 100 grams is punishable by a small fine, not by jail time. These laws save law enforcement resources that would otherwise be spent prosecuting and jailing non-violent marijuana users, allowing police and prosecutors to spend more time going after violent criminals.
The Hawaiian legislative conference committee working out the differences in medical marijuana dispensary programs proposed by the House and Senate has come to an agreement.
HB 321 will initially allow eight dispensaries (three on Oahu, two each on Big Island and Maui, and one on Kauai). Starting in 2017, the state health department will be allowed to issue more licenses as needed. Each dispensary license will allow the holder to have two cultivation sites with up to 3,000 plants each as well as two dispensing locations that must be separate from the cultivation locations.
But first things first — both chambers must agree to this final language. If you are a Hawaii resident, please email your lawmakers in Honolulu today in support of HB 321!
Big Island, dispensaries, Hawaii, HB 321, Kauai, Maui, Oahu
Tomorrow afternoon, a subcommittee of the South Carolina House Medical, Military, Public and Municipal Affairs Committee will take testimony on the need for a compassionate medical marijuana program.
If you are a South Carolina resident, please email your representative today to ask him or her to support medical marijuana.
If you are a seriously ill patient with a qualifying medical condition (definition 21), the loved one of a patient, or a medical professional, please also consider testifying in person. Let us know if you’re interested.
The South Carolina Medical Marijuana Program Act, H 4037, would allow patients suffering from a listed condition to use and safely access medical marijuana if recommended by their doctors. This bill is more comprehensive than and addresses the many flaws of the legislation that was passed last year in an attempt to make certain medical marijuana products accessible to a limited class of patients.
H 4037, SC, South Carolina, South Carolina Medical Marijuana Program Act
Last week, by a vote of 210-213, an effort to allow physicians within the Department of Veterans Affairs to recommend medical marijuana was narrowly defeated in the U.S. House of Representatives. The same amendment failed by 26 votes last year, so the narrow loss represents a significant rise in support.
[caption id="attachment_8567" align="alignright" width="220"] Rep. Earl Blumenauer[/caption]
The vote was in regards to an amendment offered by Rep. Earl Blumenauer (D-OR) to the House version of the Military Construction, Veterans Affairs and Related Agencies Appropriations Act. The amendment, which sought to rescind a 2009 directive prohibiting VA doctors from recommending medical marijuana, was co-sponsored by Representatives Heck (R-NV), Rohrabacher (R-CA), Farr (D-CA), Reed (R-NY), Titus (D-NV), Gabbard (D-HI), Lee (D-CA), and Gallego (D-AZ).
The vote demonstrated an uptick in support over last year when the amendment failed 195-222. Unfortunately, it means that veterans who could find relief from medical marijuana will have to wait even longer to speak about it with their VA doctors.
Department of Veterans Affairs, Earl Blumenauer (D-OR), Farr (D-CA), Gabbard (D-HI), Gallego (D-AZ), Heck (R-NV), Lee (D-CA), Reed (R-NY), Rohrabacher (R-CA), Titus (D-NV)
[caption id="attachment_8731" align="alignright" width="231"] Gov. Alejandro Garcia Padilla[/caption]
On Sunday, the governor of Puerto Rico signed an order that will allow the territory to establish some kind of medical marijuana program in the near future.
Associated Press reports:
Gov. Alejandro Garcia Padilla said the island's health secretary has three months to issue a report detailing how the executive order will be implemented, the impact it will have and what future steps could be taken. The order went into immediate effect.
"We're taking a significant step in the area of health that is fundamental to our development and quality of life," Garcia said in a statement. "I am sure that many patients will receive appropriate treatment that will offer them new hope."
The order directs the health department to authorize the use of some or all controlled substances or derivatives of the cannabis plant for medical use.
Garcia said the government also will soon outline the specific authorized uses of marijuana and its derivatives for medical purposes.
Lawmakers in Puerto Rico have been attempting to pass medical marijuana legislation for at least two years, so this is certainly good news. However, it is up to health secretary to design an effective bill that ensures safe, reliable access to whole-plant marijuana products.
Alejandro Garcia Padilla, Associated Press, Medical Marijuana, Puerto Rico
[caption id="attachment_8725" align="alignright" width="300"] Gov. John Hickenlooper[/caption]
After fighting against the passage of Amendment 64 in Colorado and publicly questioning the wisdom of voters in the years since his state made marijuana legal for adults, it appears the Gov. John Hickenlooper is finally realizing that regulating marijuana was a good idea.
The Denver Post reports:
And now this headline — “Colorado Gov.: Pot is ‘not as vexing as we thought it was going to be’ (video)” — tied to “Opening Bell” host Maria Bartiromo’s interview with Hickenlooper at the Milken Institute Global Conference, which runs through today.
...
“It’s all those young people coming, and they look at marijuana and say, ‘Hey we can drink whiskey, why can’t we have a legalized system with marijuana?’ If you look back it’s turned out to not be as vexing as some of the people like myself — I opposed the original vote, didn’t think it was a good idea. Now the voters spoke so we’re trying to make it work, and I think we are.["]
...
Colorado-rooted legalization advocate Mason Tvert said he welcomes the governor’s new turn.
“It’s great to see the governor recognizes that regulating marijuana is working in Colorado and that it has many benefits,” said Tvert, communications director for the Marijuana Policy Project. “Polls show more voters support the law now than did when it was approved, and it appears he might be part of that late majority.
“Just about everyone who takes an objective look at what is happening in Colorado agrees that things are going quite well.”
You can watch the video at Fox Business News.
Watch the latest video at video.foxbusiness.com
Amendment 64, Colorado, Denver Post, Fox Business News, John Hickenlooper, Mason Tvert, Opening Bell
[caption id="attachment_8719" align="alignright" width="300"] Norman Smith (Photo: Reason)[/caption]
In 2012, Norman Smith of Playa del Rey, California, died after being denied a liver transplant because he had used medical marijuana with a doctor’s recommendation. A bill to prevent similar tragedies — AB 258 — could get an Assembly floor vote any time — possibly today.
If you are a California resident, please take a moment to ask your Assembly member right now to vote yes on AB 258. Hospitals and medical professionals who do not support medical marijuana should not be able to kick people who are already down by denying them lifesaving treatment.
The bill emerged from committee earlier this month on a strong 13-3 vote. Help keep up the momentum and be sure your Assembly member hears from you!
The California Legislature is also considering several bills that would impose a regulatory system on the state’s medical marijuana program. One of the bills, AB 643, emerged from committee on another strong vote of 7-0 earlier this week. While the bill contains some positive provisions, it is flawed and is in need of improvement before it is allowed to become law. With several competing bills this year, it is likely the debate over whether and how to best regulate California’s medical marijuana program will continue.
For more information about Norman Smith's story, please watch this video from ReasonTV.
AB 258, AB 643, CA, California, Norman Smith, Playa Del Rey, ReasonTV, transplant
[caption id="attachment_8714" align="alignright" width="200"] Gov. Jay Inslee[/caption]
Late last week, Washington Gov. Jay Inslee signed SB 5052 into law, making numerous changes to and giving the state control over Washington’s medical marijuana program. The governor did veto certain sections of this legislation, including provisions that would have created several new felonies for growing and selling medical marijuana outside the state-regulated structure. For more details on vetoed sections, please read Gov. Inslee’s veto letter.
Under the terms of the new law, medical marijuana dispensaries operating under local authority will be phased out. Patients will instead access their medicine from retail shops that hold a medical endorsement and are licensed by the state’s Liquor Control Board. The new law also creates a voluntary patient registry. Patients who sign up with the registry will be allowed to purchase more marijuana per transaction, receive a modest tax break, and are protected from arrest if in possession of their registration card.
Patients retain the ability to grow their own medicine, both individually and collectively. Patients who join the registry are allowed to cultivate six plants, while those who are not registered will be allowed four plants. Collective membership has been reduced from 10 patients to four and a registration requirement has been added. However, the law increased the number of plants a collective may cultivate from 45 to 60.
While these changes are upsetting to some and not enough for others, we hope the Liquor Control Board takes seriously the need for safe and effective medicine and moves forward with a patient-centered focus.