Bill to make marijuana legal for adults sent to “interim study” in 135-153 vote

CONCORD, N.H. — The New Hampshire House of Representatives punted a marijuana legalization bill to “interim study” on Thursday, moments after a vote to keep the measure alive fell short in a 135-153 roll call vote. The bill is effectively dead for the year, although it may be studied further by the House Ways and Means Committee.

HB 656 was introduced last session by Rep. Glen Aldrich (R-Gilford) and previously approved by the House in a vote of 207-139. As amended in early January, it would make possession of three-quarters of an ounce of marijuana legal for adults aged 21 and older. Home cultivation of up to three mature and three immature plants would be legal for adults as well. The bill does not establish a regulated marijuana market, and it would remain illegal to sell any amount of marijuana or drive under the influence.

The House vote was influenced  by Rep. Patrick Abrami, the supposedly impartial marijuana study commission chair who led the effort to defeat HB 656 on the House floor today and on January 9. Yesterday, the Marijuana Policy Project launched a petition at Change.org calling for Rep. Patrick Abrami to be replaced as chairman of the commission due to his biases and misrepresentation of testimony heard by the commission to lawmakers. The petition reached 500 signatures earlier today. Rep. Abrami will continue to control the path of the bill as head of the House Ways and Means Committee.

“House leaders should be ashamed of themselves for subverting the will of Granite Staters and failing to send this bill to the Senate,” said Matt Simon, Manchester-based New England political director for the Marijuana Policy Project. “As election season approaches, voters will surely study today’s roll call vote with great interest.”

A poll conducted by the University of New Hampshire Survey Center in April and May of 2017 found that 68% of Granite Staters support legalizing marijuana.

Eight states have enacted laws legalizing and regulating marijuana for adult use, including Massachusetts and Maine. Limited home cultivation is legal in seven of those states, along with Vermont and the District of Columbia. More than 20 states, including nearby Connecticut, New Jersey, and Rhode Island, are considering bills to make marijuana legal for adults this year.

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Official directive could be applied to cases against some state-legal marijuana producers if Justice Department follows through on threats of increased enforcement

* Statement below from Marijuana Policy Project Executive Director Matthew Schweich *

WASHINGTON — Advocates for marijuana policy reform are decrying recent directives from the Trump administration for federal prosecutors to pursue the death penalty in drug cases where it is applicable under law. While these orders seem focused on the opioid issue, there are circumstances under which this punishment could potentially be applied to state-legal marijuana producers, as well their employees and affiliated businesses.

On January 4, Attorney General Jeff Sessions rescinded a Department of Justice policy instituted in 2013 that directed federal prosecutors not to enforce federal marijuana laws against individuals and businesses that are in compliance with state medical or adult-use marijuana laws. It appears likely that spending restrictions that prevent federal interference in state medical marijuana programs will be renewed by Congress this week, but no such protections exist for states that have regulated marijuana for adults.

This move created uncertainty in states where marijuana is legal for adults, which could deter legitimate businesses from becoming involved in state marijuana programs and ensure that the marijuana market is controlled by criminal organizations.

“The actions being taken by the Trump administration are very troubling,” said Matthew Schweich, executive director of the Marijuana Policy Project. “We should not be drawing drug policy lessons from the Philippines. If this administration is serious about addressing the opioid epidemic, they can start by directing Congress to permanently eliminate the threat of federal interference in state level marijuana laws and abolish all barriers to medical marijuana research.”

Recent studies suggest that marijuana may be used to treat opiate addiction as well as many of the conditions for which opiates are commonly prescribed. Several states where marijuana is legal for medical purposes have shown links between reforming their marijuana laws and positive opiate-related public health outcomes. A study published in October by the American Journal of Public Health showed a reversal of an upward trend in opiate-related deaths in Colorado after regulated marijuana stores opened in 2014.

A Gallup poll released in October showed that 64% of Americans support making marijuana legal for adults. This was also the first time in this annual poll that a majority of Republicans polled supported legalization.

Twenty-nine states, the District of Columbia, and the U.S. territories of Guam and Puerto Rico have enacted effective medical marijuana laws. Marijuana is legal and regulated for adults in eight states, and adult possession and limited home cultivation are legal in the District of Columbia and Vermont. More than 20 states are expected to consider bills to regulate marijuana this year.

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The Marijuana Policy Project is the nation’s largest marijuana policy organization. For more information, visit http://www.MarijuanaPolicy.org.

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Marijuana Policy Reformers Call on House Speaker to Replace Rep. Patrick Abrami as Chair of New Hampshire Marijuana Study Commission

The Marijuana Policy Project is launching a Change.org petition to seek Rep. Abrami’s removal from commission after he misrepresented expert testimony to lawmakers

CONCORD, N.H. — The Marijuana Policy Project is calling on New Hampshire House Speaker Gene Chandler to remove Rep. Patrick Abrami as the chair of the state’s marijuana legalization study commission. The group was created last year, despite advocates’ concerns regarding the makeup of the commission, to examine how regulating and taxing marijuana for adults would impact the Granite State.

Advocates of marijuana policy reform argue that Rep. Abrami has vigorously opposed current legislation that would make possession and limited home cultivation legal, and that, in doing so, he has misrepresented the testimony heard by the study commission to lawmakers in the House of Representatives. A detailed description of these complaints is available at http://mpp.org/NH656rebuttals.

The petition to remove Rep. Abrami can be found at https://www.change.org/p/new-hampshire-house-speaker-gene-chandler-replace-rep-patrick-abrami-as-chair-of-n-h-marijuana-study-commission.

“All three neighboring states have already legalized marijuana possession and cultivation for adults, so it’s sad that Rep. Abrami and other representatives are still trying to stand in the way of progress,” said Matt Simon, Manchester-based New England political director for the Marijuana Policy Project. “The actions taken by Rep. Abrami in opposition to HB 656 demonstrate that he is simply not the right person to be leading this important study process.”

After being amended by the House on January 9, HB 656, sponsored by Rep. Glen Aldrich (R-Gilford), passed the chamber in a vote of 207-139. As amended, the bill would make possession of three-quarters of an ounce of marijuana legal for adults aged 21 and older. Home cultivation of up to three mature and three immature plants would be legal for adults as well. The bill does not establish a regulated marijuana market, and it would remain illegal to sell any amount of marijuana or drive under the influence.

The petition reads in part:

"Rep. Abrami’s failure to remain objective on this issue is no surprise to anybody who is familiar with his voting record. Rep. Abrami has, more often than not, voted against medical cannabis bills and decriminalization bills that have passed the House in the past — in fact, he was one of only 64 representatives who voted against the limited medical cannabis bill that passed the House with 286 votes and became law in 2013.

Polls conducted by the University of New Hampshire Survey Center have found 68% support for marijuana legalization (May 2017) and 56% support for HB 656, with only 25% opposed (February 2018).

In light of this strong public support for reforming our state’s antiquated cannabis laws, the people of New Hampshire deserve a study commission chairman who is fair and unbiased, if not outright supportive of reform. As residents of the “Live Free or Die” state, we respectfully request that you relieve Rep. Abrami from his duties on the commission and appoint a more fair-minded representative to serve in his place.”

Eight states have enacted laws legalizing and regulating marijuana for adult use, including Massachusetts and Maine. Limited home cultivation is legal in seven of those eight states (although one state — Nevada — allows it only in certain areas in the state) and in Vermont and the District of Columbia. More than 20 states, including nearby Connecticut, New Jersey, and Rhode Island, are expected to consider bills to make marijuana legal for adults this year.

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Candidate scores based on responses to questionnaire, bill sponsorship, and public statements

ANNAPOLIS, Md. — The Marijuana Policy Project (MPP) released a voter guide Monday that grades Maryland gubernatorial candidates strictly on their positions and statements about cannabis policy. The report contains letter grades for each person running in Maryland’s Democratic Primary for governor in June and is based on answers to a questionnaire MPP sent to candidates, bill sponsorship, and their public statements regarding cannabis. The full report can be viewed at https://www.mpp.org/mdgovernormj/.

“There are real differences among the Democratic candidates when it comes to marijuana policy, from making a plan for legalizing marijuana a significant part of their campaign platform to declining to declare support for legalization at all,” said Kate Bell, legislative counsel for the Marijuana Policy Project. “In gubernatorial and other races across the nation, candidates are increasingly realizing that regulating marijuana is a winning issue. We hope that this guide will help inform the voters as they make their choice here in the June 26 democratic primary or in the general election.”

Sixty-four percent of likely Maryland voters support making cannabis legal for adults, according to a Washington Post-University of Maryland Poll conducted in September 2016.

In February, state lawmakers introduced bills to regulate cannabis for adults. If approved by 60% of both chambers of the Maryland Legislature, the bill would place a constitutional amendment on the November 2018 ballot that would make possession and home cultivation of limited amounts of cannabis legal for adults 21 years of age and older and require the state to establish regulations and taxation for a legal cannabis market, as well as to ensure diversity in the cannabis industry. The bill to refer the issue to the voters could not be vetoed by the governor.

Nine states and the District of Columbia have made cannabis possession legal for adults, and eight of those states regulate and tax cannabis similarly to alcohol. Bills to make cannabis legal have been introduced in 20 states this year, including Connecticut, Delaware, New Jersey, New York, and Pennsylvania. Michigan voters will likely be able to support a similar initiative on the November 2018 ballot.

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The organizations are submitting the report to state lawmakers to help facilitate more informed discussion on legalization; the report is available at www.regulateri.com/regulation-report

PROVIDENCE, R.I. — The Marijuana Policy Project and its local partner Regulate Rhode Island have released a new report entitled, “How should Rhode Island legalize marijuana: Asking the right questions.” The 42-page document features detailed discussion of different models for regulating marijuana for adults based on other states’ experiences and urges policymakers to consider the benefits and costs of various approaches.

Covering a wide variety of topics like supply structure, taxation, and product regulations, the far-reaching analysis outlines the choices state policymakers face when considering how to legalize marijuana. The report also urges participants in the legalization conversation to consider the impact on a wide range of stakeholders in Rhode Island such as local governments, people with prior marijuana convictions, and medical marijuana patients. As stated in the document’s introduction, the Marijuana Policy Project and Regulate Rhode Island hope the report “will serve as a useful resource to legislators and others as Rhode Island continues to have a broader and more nuanced discussion about this important topic facing the state.”

“Now that three New England states have ended marijuana prohibition, Rhode Island lawmakers must seriously consider whether they want to keep wasting resources punishing their constituents for behavior that is legal for adults throughout the region,” said Matthew Schweich, executive director of the Marijuana Policy Project. “We know that a strong majority of Rhode Islanders support legalization. The debate in the General Assembly should not focus on whether we regulate marijuana, but how we regulate marijuana.”

In an effort to understand various viewpoints on issues related to regulating marijuana, Regulate Rhode Island conducted interviews with more than a dozen issue stakeholders throughout the state, including current and retired police officers, government officials, and health experts. A full list of those interviewed can be found on page 7 of the report.

A legislatively created study commission that has been meeting since October to analyze whether marijuana should be legal in Rhode Island was expected to release its recommendations on Thursday, but two separate bills have been introduced that would delay release of its report. Meanwhile, a bill that would place a non-binding legalization initiative on the November ballot was introduced on Wednesday.

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Six dispensaries to begin sales across the state

HARRISBURG, Pa. — Medical marijuana sales began in Pennsylvania today, allowing certified patients to obtain their medicine legally for the first time. Six out of the 10 dispensaries that have been approved to operate were set to open their doors, and up to 81 more dispensaries are expected to open across the state over the next few months. Nearly 4,000 patients are certified to purchase medical marijuana products at these locations, and more than 13,000 are awaiting approval to participate in the program. This stage of the implementation process is taking place ahead of schedule, less than two years after Gov. Tom Wolf signed Act 16 into law.

“Seriously ill Pennsylvanians will be able to get relief earlier than expected thanks to the diligent efforts of regulators and operators,” said Becky Dansky, legislative counsel for the Marijuana Policy Project who helped lead the medical marijuana effort in the state legislature. “There is still a lot of work to be done before implementation is complete. We are hopeful that the medical marijuana program will continue to be refined and improved to ensure patients have safe, reliable, and affordable access to their medicine.”

The Medical Marijuana Advisory Board is still in the process of making recommendations for changes to the program. The Board met this week to discuss allowing patients to access medical marijuana flowers at dispensaries as a way to increase treatment options and lower costs for patients.

Pennsylvania was the 24th state to pass and implement an effective medical marijuana law. There are 29 states with effective medical marijuana laws and more than a dozen states are expected to have medical marijuana bills introduced this year.

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Study also finds racial disparities in rates of citations issued to African Americans and whites in cities that provided demographic data

View the full report: www.regulateri.com/decrim-report

SOUTH KINGSTOWN, Rhode Island — A new report compiled by Peter Phipps, a professor of journalism at the University of Rhode Island, and students in his Media and Law course found that Rhode Island police officers continue to devote resources to enforcing laws against marijuana even after possession of small amounts was decriminalized in 2013.

According to the study, which analyzed data provided by police departments representing about 85% of the state’s population, officers issued approximately 5,000 citations for marijuana possession from April 2013 through 2017. Each marijuana citation carries a minimum fine of $150.

Mr. Phipps commented, “Before this survey by journalism students at URI, no one knew how police in Rhode Island were enforcing the 2013 marijuana possession law. The class found stark differences from community to community. Among the state’s largest cities, Warwick and Pawtucket aggressively wrote marijuana citations, while Providence and Woonsocket police were more laissez faire. In 2015, for example, Warwick wrote 10 times as many citations as Providence. Overall, the class found police write most citations at traffic stops and cite males six times as frequently as females.”

Advocates for legalizing and regulating marijuana see the report as further reason for Rhode Island to follow Massachusetts, Vermont, Maine, and six other states around the country in ending marijuana prohibition.

Matthew Schweich, executive director of the Marijuana Policy Project, said, “Despite the fact that three out of five Rhode Islanders think it’s time to legalize and regulate marijuana, taxpayers are still contributing significant resources to enforce prohibition. It makes no sense to spend money on a policy that punishes adults for using a substance that is far less harmful than alcohol.”

In the municipalities that provided data on race, the study also found significant disparities in the rates of citations issued to African Americans and whites. In those six cities and towns, the study found that 39% of citations were issued to African Americans, which make up only 8% of the total population in Rhode Island.

In 2013, the American Civil Liberties Union released a study showing that African Americans were nearly three times more likely to be arrested for marijuana possession than whites in Rhode Island from 2001 to 2010, despite evidence that African Americans and whites consume marijuana at roughly the same rate.

The URI report highlights significant differences in enforcement among various cities and towns in Rhode Island. Warwick issued the most citations by far — 934 from 2013 to 2017 — while Providence averaged only 33 citations per year from 2014 to 2016.

The full report can be read online at www.regulateri.com/decrim-report.

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Vermont is the first state to legalize adults’ possession and limited cultivation of marijuana legislatively

Marijuana will be legal in nine states and the nation’s capital when Vermont law takes effect

MONTPELIER, Vt. — On Monday, Gov. Phil Scott officially signed a bill into law that makes marijuana legal for adults in Vermont. H. 511 eliminates Vermont’s civil penalty for possessing one ounce or less of marijuana and removes penalties for possession of up to two mature marijuana plants and up to four immature plants for people 21 and older, beginning on July 1.

“After more than 15 years of hard work by MPP and our allies in the state, adults in Vermont no longer need to fear being fined or criminalized for low-level marijuana possession and cultivation,” said Matt Simon, New England political director for the Marijuana Policy Project. “This is a great step forward for the state and the whole region. Responsible adults will soon have the freedom to enjoy a safer option legally, and law enforcement will be free to concentrate on serious crimes with actual victims. We are looking forward to working with lawmakers and state leaders to continue improving marijuana laws in the Green Mountain State.”

The Marijuana Policy Project has been lobbying the state legislature since 2003 to end marijuana prohibition, and we will continue to work with our allies in the Vermont Coalition to Regulate Marijuana and the state task force to effectively regulate marijuana similarly to alcohol.

Vermont is the ninth state to make marijuana legal for adults and the first to do so through its legislature. Eight other states have enacted laws legalizing and regulating marijuana for adult use, all through ballot initiatives. In Washington, D.C., voters approved a ballot initiative making personal possession and home cultivation legal for adults 21 and older.

“Gov. Scott and the Vermont Legislature made history today by removing penalties for adult possession and limited cultivation of marijuana, and they are almost certainly just the first to do so,” said Matthew Schweich, executive director of the Marijuana Policy Project. “Lawmakers around the country are finally catching up with their constituents and realizing that there is no reason to punish responsible adults for possessing a substance that is safer than alcohol. Vermont exhibited real leadership on this issue, and we urge other state legislatures to work toward sensible marijuana policies with the same diligence.”

Fifty-seven percent of Vermont voters support allowing adults 21 and older to possess and grow limited amounts of marijuana, according to a statewide survey in March by Public Policy Polling. An October 2017 Gallup poll found 64% of Americans support making marijuana legal.

The Connecticut, Delaware, Illinois, Maryland, New Hampshire, New Jersey, and Rhode Island legislatures are expected to seriously consider making marijuana legal for adults this year as well, and the New Hampshire House recently approved a similar measure. In Michigan, signatures have been submitted for a November 2018 ballot measure to regulate marijuana like alcohol for adults.

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Vermont poised to become the first state to legalize adults’ possession and limited cultivation of marijuana legislatively

MONTPELIER, Vt. — A bill that would make marijuana legal for adults in Vermont received final approval on Wednesday from the Vermont Senate and will soon make its way to the desk of Gov. Phil Scott, who vetoed a similar bill in 2017. In December, Gov. Scott indicated that he intends to sign H. 511 into law.

H. 511 would eliminate Vermont’s civil penalty for possessing one ounce or less of marijuana and remove penalties for possession of up to two mature marijuana plants and up to four immature plants, beginning in July.

“This is a big step forward for Vermont,” said Matt Simon, New England political director for the Marijuana Policy Project. “Vermonters should be proud that their state is becoming the first to do this legislatively, rather than by ballot initiative.”

Fifty-seven percent of Vermont voters support allowing adults 21 and older to possess and grow limited amounts of marijuana, according to a statewide survey of 755 registered voters conducted in March by Public Policy Polling. Only 39% are opposed. Nationwide support is similarly strong. An October 2017 Gallup poll found 64% of Americans support making marijuana legal.

Vermont is poised to become the ninth state to make marijuana legal for adults and the first to do so through its legislature. Eight other states have enacted laws legalizing and regulating marijuana for adult use, all through ballot initiatives. In Washington, D.C., voters approved a ballot initiative making personal possession and home cultivation legal for adults 21 and older. Vermont and 22 other states do not have a ballot initiative process. Those states’ marijuana laws can only be modified by legislatures.

“This will be an important milestone for the legalization movement. When Gov. Scott signs this legislation, Vermont will become the first state in the country to end marijuana prohibition through legislative action,” said Matthew Schweich, interim executive director of the Marijuana Policy Project. “MPP is proud to have helped lead the Vermont effort, just as we led the legalization ballot initiative campaigns in Maine and Massachusetts in 2016. In the past two years, we've seen incredible progress on marijuana policy across New England. Now that yet another state has rejected marijuana prohibition, there is even more pressure for Congress to take action to prevent any federal interference from Attorney General Jeff Sessions. It's time for the federal government to respect the authority of states to determine their own marijuana policies.”

The Connecticut, Delaware, Illinois, Maryland, New Hampshire, New Jersey, and Rhode Island legislatures are expected to seriously consider making marijuana legal for adults this year as well, and the New Hampshire House approved a similar measure on Tuesday. In Michigan, signatures have been submitted for a November 2018 ballot measure to regulate marijuana like alcohol for adults.

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UPDATE: The New Hampshire House leadership unexpectedly referred HB 656 to the House Ways & Means Committee after it passed the House floor. Therefore, the bill will not advance to the Senate until the House Ways & Means Committee either decides not to hear the bill (which seems possible since the bill no longer includes regulations or taxes) or until after it has been heard by the committee and receives a second floor vote.

Bill to make marijuana legal for adults passes 207-139

CONCORD, N.H. — The New Hampshire House of Representatives approved a bill to make marijuana legal for adults on Tuesday by a vote of 207-139. The bill will now move to the Senate, where it will be assigned to a committee and given a public hearing before being voted on by the full Senate. (HB 656 has been referred to the House Ways & Means Committee.)

HB 656, which was introduced last session by Rep. Glen Aldrich (R-Gilford), would make possession of three-quarters of an ounce of marijuana legal for adults aged 21 and older. Home cultivation of up to three mature and three immature plants would be legal for adults as well.

“The House deserves tremendous credit for taking this reasonable step forward. Most Granite Staters understand that marijuana is less harmful than alcohol, and they're ready to see it treated that way,” said Matt Simon, Manchester-based New England political director for the Marijuana Policy Project. “Allowing adults 21 and older to grow a few plants without penalty will give them a much-needed alternative to buying from illicit dealers.”

Last year, the New Hampshire Legislature voted overwhelmingly to replace criminal penalties for simple marijuana possession with civil penalties. Gov. Chris Sununu (R) signed the bill into law.

Eight states have enacted laws legalizing and regulating marijuana for adult use, including Massachusetts and Maine, all through ballot initiatives. The Vermont House approved a measure that would make marijuana possession and limited home cultivation legal for adults on Thursday, and it is expected to pass in the Senate tomorrow. A poll conducted by the University of New Hampshire Survey Center in April and May of 2017 found that 68% of Granite Staters support legalizing marijuana.

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