Last December, the New York Department of Health released more than a hundred pages of regulations related to the medical marijuana program. Over the past month, advocates for the Compassionate Care Act have voiced major concerns that the regulations are far too restrictive and would leave many patients suffering from debilitating medical conditions without safe, legal access to their medicine. The state is accepting public comments until February 13.

Our allies at Compassionate Care New York, who led the grassroots effort to pass the medical marijuana law, have submitted several pages of comments outlining their concerns. You can read them by clicking on "CCNY Concerns with Draft MMJ Regulations" here. Their major concerns include:

-- A lack of access or accommodation for low-income patients;
-- Too few dispensaries and a ban on delivery services;
-- A prohibition on whole-plant medicine and a ban on edibles, topicals, and other medical preparations; and
-- No clear process for adding more qualifying conditions, even with scientific and medical support.

Please take a look at CCNY’s full comments for an idea of the extensive issues that New York’s medical marijuana program still faces. Don’t forget to submit your own comments to the Department of Health!

[caption id="attachment_8525" align="alignright" width="214"] Rep. Bill McCamley[/caption]

Last week, New Mexico State Rep. Bill McCamley introduced HB 160, the Cannabis Revenue & Freedom Act. This bill would treat marijuana similarly to alcohol, allowing adults 21 and over to use, possess, and cultivate limited amounts of marijuana with no penalty. HB 160 would also set up a taxed and regulated market for marijuana production and sale.

While HB 160 is an important reform that should be passed, the New Mexico legislature is also considering another bill that would unfairly target marijuana consumers. HB 120 would declare anyone with an extremely small amount of THC per millimeter of blood guilty of driving under the influence — even if the person could prove they were actually not impaired! Although intoxicated driving should not be tolerated, knee jerk ideas like per se limits are unethical, unnecessary, and not supported by science.

If you are a New Mexico resident, please email your legislators and ask them to support sensible marijuana reform like HB 160.

Northern California defense attorney Joseph Tully has posted some useful tips on how to show support in the courtroom when someone is facing marijuana-related charges.

According to Tully, whose website highlights his experience defending medical marijuana cooperatives, collectives, cultivators, and caregivers:

Being tried in court for any crime, especially a victimless crime, is a trying process. Not just for the defendants, but for their friends, family, and supporters as well.  When the crime involves medical marijuana in California, it is often the defendant who is victimized.  Community support is important to help a friend get through this difficult time and to support the larger cause. ...

What are the best ways to support both the cause and our friends at the courthouse? I have lots of experience as a criminal defense attorney in the courtroom.  My courthouse advice for my clients can apply to their friends and supporters as well.  Here are six ways you can show support during a medical marijuana case.

 

Weed on Trial: 6 Ways to Show Support in Court

By Joseph Tully

Being tried in court for any crime, especially a victimless crime, is a trying process. Not just for the defendants, but for their friends, family, and supporters as well.  When the crime involves medical marijuana in California, it is often the defendant who is victimized.  Community support is important to help a friend get through this difficult time and to support the larger cause.

As a supporter, you may want to argue or shout or rant around the courthouse about the injustice.  But remember that the Defendant is fighting for their life and livelihood.  THEY are the focus of the trial.  Cannabis rights are important to fight for, but in court we do that by exonerating the defendants.  The verdict will set the tone for how Law Enforcement or the District Attorney pursues future cases.  DA's will not prosecute future cases they know they won't win.

What are the best ways to support both the cause and our friends at the courthouse? I have lots of experience as a criminal defense attorney in the courtroom.  My courthouse advice for my clients can apply to their friends and supporters as well.  Here are six ways you can show support during a medical marijuana case.

1.     Be Presentable. A trial is a serious thing for all parties, and your attire will show that you also take it seriously. Clean, tidy, and put together. You don't need to wear a suit, but wear something you'd consider nice for your day to day.  It will not help your cause if you show up like you are camping in Humboldt.

2.     Be Quiet. As a defendant, you should only speak when addressing the court. As a spectator, you should be absolutely silent throughout the proceedings. Even in the halls and on the steps, keep your voice down and discussion to a minimum, since there are ears everywhere. One careless whisper could be overheard and sink the case.  The line "anything you say can and will be used against you" is not TV cop jive. Be especially cautious not to talk around jurors or potential jurors. In court we avoid even the “appearance” of impropriety.

3.     Be Present. Some parts of a trial can feel tedious to a defendant or spectator. My advice is: if it is important enough for you to be here today, then it should be important enough for you to keep your head in the trial. No sleeping, reading, texting, note passing, or knitting. Your degree of focus on the trial reflects your regard for its importance.

4.     Be Respectful. The courthouse is a workplace for hundreds of people.  There are also scores of people there for their own cases. 90% of the people at the courthouse are worried about their own cases and are oblivious to yours.  There are victims, jurors, social workers, clerks, and other people focused on their own issues.  Respect their reality by not intruding yours on to them.  This includes keeping your voice down, turning off phones, not smoking on the grounds, and not blocking doors and hallways.

5.     Be Careful. You and your friends might be chill, but a courthouse is full of violent people on edge. There are convicts and cops who are keyed up in this environment. There are also bad people seeking revenge on other bad people, and bad people seeking revenge on good people. Keep your eyes open and be wary of commotion.

6.     Be Thoughtful.  A trial can be personally overwhelming for a defendant.  Offer your friend support outside the courthouse.  Bring them a coffee. Offer to drive their kids to school. Pick up their dry cleaning for them. Small gestures of support for everyday things will help a defendant deal with the stress of the big things.

It is your right to smoke, shout, and rally for legalized marijuana, and I would defend your right to do it. But when a friend is on trial, the courthouse is not the most effective venue to demonstrate those rights.  Supporting a victory for the defendant will advance the cause as well as save your friend's life and liberty.

There are many organizations that support the rights of marijuana patients, as well as their caregivers, collectives, and cultivators. One in particular, The Human Solution, organizes courtroom support for defendants. Check for a chapter in your area and any actions they have planned.

Joseph Tully is a criminal defense attorney at Tully & Weiss based in Northern California. He has experience defending medical marijuana cooperatives, collectives, cultivators, and caregivers on trial for helping their patients.

A Kansas bill that would reduce harsh penalties for people found in possession of marijuana received a strong vote of support yesterday from the House Committee on Corrections and Juvenile Justice. HB 2049 received a unanimous vote by the committee and will now be presented on the floor of the House for a vote.

If you are a Kansas resident, please take a moment and ask your representative to support this important legislation.

HB 2049 would drop the sentence range for first time offenders from a Class A to a Class B misdemeanor -- reducing the possible maximum jail sentence from a year to six months and reducing the maximum fine from $2,500 to $1,000. Second-time offenders would likewise see a reduction in penalties – taking them from a felony to a misdemeanor.

According to testimony by the Kansas Sentencing Commission, these simple changes represent over a million dollars in savings and would free up space in overcrowded jails. While a majority of Americans prefer a system that would remove criminal penalties entirely for adult consumers, these changes would represent a welcome improvement for those who choose a substance that is safer than alcohol.

[caption id="attachment_8515" align="alignright" width="220"] Sen. Liz Krueger[/caption]

New York State Sen. Liz Krueger, along with four of her colleagues, has introduced SB 1747, the Marijuana Regulation and Taxation Act.

The bill would treat marijuana like alcohol, similar to the laws of Colorado, Washington, Alaska, and Oregon, allowing adults to use, possess, and cultivate limited amounts of marijuana with no penalty. The bill would also set up a taxed and regulated market for marijuana production and sale.

If you are a New York resident, please urge your state legislators to support SB 1747 and sensible marijuana policy reform.

The following guest post, contributed by MedMen, is part of a series providing insights into the legal marijuana industry.

As the “wall” of prohibition begins to crumble, businesspeople are lining up to cross over into the world of legal marijuana. They would be wise to remember that one of the only reasons they are able to even peek over that wall is because they are standing on the shoulders of giants: giants who invested blood, sweat, and tears into grassroots activism, lobbying, and ballot initiatives; giants who risked (and in some cases served) prison terms in pursuit of helping seriously ill patients; giants who helped bring down that wall despite having little to gain on the other side.

Many of the entrepreneurs and investors coming into the industry have their sights set high and rightfully so. This is a unique moment in history, in which a widely demanded product is in the process of transitioning from an illegal marketplace to a legal one. There is nothing wrong with being business-minded, and it is this transition from basements to boardrooms that will make the dream of legal marijuana a reality (and become one in those states that have yet to end prohibition). The industry must remain compliant and sustainable if it is to ever get a federal green light.

But they must keep in mind that it’s not all just about dollars and cents. It’s about laws that make sense, and passing them is not always easy.

 The industry outlook is favorable today only because of the advocates who came before. In order to keep that outlook positive and to improve on its current position, industry leaders must commit to supporting advocacy efforts. Just as quickly as states approved laws making marijuana legal for adult and/or medical use, they could repeal them. And just as quickly as federal directives opened the door to state programs, banking, and the like, those orders can be rescinded if the next administration sees fit.

Only by continuing to support advocacy can members of the marijuana industry ensure that they will not find themselves on the list of those jailed due to outdated (or newly reinstated) prohibition laws.

Often, industry leaders lack the time, resources, or expertise necessary to effect change. Luckily, there are organizations dedicated to advocating for sensible marijuana policy at both the state and federal levels. By contributing money and other resources to these groups, industry leaders can keep the policy ball rolling forward — and ensure it doesn’t get rolled back.

Money everywhere is tight, but keep in mind it is these groups that are changing minds and changing laws. They are the ones ending marijuana prohibition and replacing it with new, legal markets. Today’s advocacy investments will pay dividends down the line for businesses and for society.

Learn more about MedMen at http://www.MedMen.com.

[caption id="attachment_8502" align="alignright" width="240"] Sen. Deborah Dawkins[/caption]

As marijuana policy reforms advance nationwide, Mississippi Sen. Deborah Dawkins has vowed to keep fighting for medical marijuana legislation. Last week, Sen. Dawkins introduced SB 2318, a bill that would allow seriously ill patients to possess and cultivate a limited amount of marijuana. Although SB 2318 would not allow for dispensaries to provide medical marijuana to patients, it would be an important step in ensuring that patients have safe and reliable access to the medicine they need.

Sen. Dawkins introduced a medical marijuana bill in the last session as well, and grassroots support for changing Mississippi marijuana laws continues to grow.

If you are a Mississippi resident, please ask your legislators your support for this important legislation.

A bill has been introduced in the New Hampshire House of Representatives that would remove criminal penalties for possession of small amounts of marijuana. The House passed a nearly identical bill last year by a vote of 215-92, but the Senate refused to consider it.

[caption id="attachment_7408" align="alignright" width="167"] Rep. Adam Schroadter[/caption]

HB 618, sponsored by Rep. Adam Schroadter (R-Newmarket) and a bipartisan group of seven co-sponsors, would make possession of up to one ounce of marijuana punishable by a civil fine of up to $100. It would also make cultivation of up to six marijuana plants a Class A misdemeanor instead of a felony. Currently, possession of any amount of marijuana is a misdemeanor punishable by up to one year in prison and a fine of up to $2,000. New Hampshire is the only state in New England that treats simple marijuana possession as a criminal offense with the potential for jail time.

[caption id="attachment_8497" align="alignright" width="225"] Rep. Helene Keeley[/caption]

Delaware State Rep. Helene Keeley, State Sens. Margret Rose Henry and Bryan Townsend, and 10 of their colleagues have just introduced legislation that would replace Delaware’s criminal penalty for marijuana possession with a simple civil fine, similar to a traffic ticket.

If you are a Delaware resident, please email your state representatives and ask them to support this modest reform.

Possessing one ounce or less of marijuana in the First State is currently classified as a unclassified misdemeanor punishable by up to three months in jail, a criminal fine of up to $575, or both! HB 39 proposes making possession of one ounce or less of marijuana punishable by a civil fine of $100. This modest change will allow law enforcement to focus on more serious crimes while ending the draconian practice of saddling Delawareans with a criminal record for simply possessing a small amount of a substance that is safer than alcohol.

Earlier this month, Gov. John deJongh Jr. of the U.S. Virgin Islands stated that he supported decriminalizing marijuana, despite the fact that he vetoed a bill that would reduce penalties at the end of 2014. The Senate overrode his initial veto, adding the Virgin Islands to the list of U.S. territories that are changing their marijuana policies.

Sen. Terrence Nelson sponsored the measure, which is now law, to decriminalize the possession of less than 1 ounce of marijuana and make it a civil offense punishable by a fine of between $100 and $200, with the possible forfeiture of the contraband.

In the case that an offender is younger than 18, the offender could receive a $100 fine, the parents or guardians would have to be notified and the offender will be required to complete an approved drug awareness program within one year of the possession.