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

MONTPELIER, Vt. — A Senate-approved bill that would make marijuana legal for adults in Vermont was passed by the Vermont House of Representatives on Thursday with minor amendments. It will now go to the Senate for a final concurrence vote before being transmitted to 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. Meanwhile, a governor-appointed task force will issue a final report on how the state should tax and regulate marijuana sales and commercial cultivation by December 15, 2018.

“Vermont is poised to make history by becoming the first state to legalize marijuana cultivation and possession legislatively, rather than by ballot initiative. We applaud lawmakers for heeding the calls of their constituents and taking this important step toward treating marijuana more like alcohol,” said Matt Simon, New England political director for the Marijuana Policy Project.

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.

When the bill is signed, Vermont will 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.

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 and regulating marijuana similarly to alcohol.  In Michigan, signatures have been submitted for a November 2018 ballot measure.

Vermont’s legislature approved this bill after an announcement earlier in the day by Attorney General Jeff Sessions that the Department of Justice policy of not targeting individuals and businesses in compliance with state marijuana laws had been rescinded.

“It is becoming clear that states are tired of helping the federal government enforce outdated and harmful marijuana polices and are ready to make this legal for adults,” said Matthew Schweich, interim executive director for the Marijuana Policy Project. “The Vermont Legislature’s action underscores that states will continue leading the way toward more humane, sensible marijuana policies even if this administration reverts to the cruel and counterproductive federal policies of the past.”

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Policy directed federal law enforcement not to use resources to target individuals and businesses in compliance with state law                                                            
WASHINGTON — Attorney General Jeff Sessions has rescinded the Department of Justice policy that directed federal law enforcement not to target individuals or businesses that are in compliance with state law.

In a memo to federal prosecutors dated January 4, Sessions said, “In deciding which marijuana activities to prosecute under these laws with the Department’s finite resources, prosecutors should follow the well-established principles that govern all federal prosecutions. …. Given the Department’s well-established general principles, previous nationwide guidance specific to marijuana enforcement is unnecessary and is rescinded, effective immediately.”

From August 2013 until yesterday, the Department of Justice policy had been not to enforce federal marijuana laws against individuals or businesses in states that are complying with state medical or adult-use marijuana laws, provided that one of eight federal priorities is not implicated. A Department of Justice task force subcommittee on marijuana policy recommended in August that the policy described in the 2013 Cole memo be maintained going forward.

“This extremely misguided action will enable a federal crackdown on states' rights with regard to marijuana policy,” said Matthew Schweich, interim executive director for the Marijuana Policy Project (MPP). “Attorney General Sessions has decided to use the power of the federal government to attack the ability of states to decide their own laws. A majority of Americans support legalization, and Sessions has simply decided to ignore their views. In the states where marijuana is legal, voters approved those legalization policies at the ballot box. This is a direct attack on the will of the people.”

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

“This decision may very well lead to federal agents raiding licensed, regulated, and tax-paying businesses — these businesses are employing thousands of Americans and generating hundreds of millions of dollars in tax revenue for public services including substance abuse treatment programs and new school construction,” Schweich continued. “MPP will be pushing Congress to pass legislation this year that establishes marijuana policy as a states' rights issue and prevents federal interference.”

While on the campaign trail, President Trump was asked his view on state marijuana policy reform, and he consistently said it should be a states’ rights decision.

“There is absolutely no reason the federal government should be wasting resources interfering in regulated marijuana programs, and this policy decision is a signal to throw that wisdom out the window,” said Morgan Fox, director of communications for the Marijuana Policy Project. “Federal law enforcement has real issues to worry about rather than targeting legitimate tax-paying businesses that create jobs and steer the marijuana market away from criminals. Jeff Sessions is clearly out of touch with his own department, the President, and the American people.”

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.

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WASHINGTON, D.C. — The Marijuana Policy Project, the nation’s leading marijuana policy reform organization, has announced changes to its leadership structure.

Rob Kampia, who co-founded the organization in 1995, will transition to the new position of director of strategic development. Kampia will continue to serve on the two boards of directors for both MPP and MPP Foundation. The two boards made the decision last week.

Matthew Schweich, who joined MPP as the director of state campaigns in early 2015, will serve as interim executive director as the organization searches for a permanent executive director.

“This transition has been considered carefully by Rob and the board. We desired to shift Rob's workload one year ago after his intense work on the Nevada and Arizona campaigns,” said Troy Dayton, who sits on the boards of directors for MPP and MPP Foundation. “Shortly after Election Day, Rob quickly shifted gears in December to start the Michigan 2018 legalization campaign. With the Michigan signature drive now complete, it is the right time to shift Rob’s focus to new and bigger projects.”

“As the founder and leader of MPP, Rob has made enormous and unparalleled contributions to marijuana policy reform efforts across the country for over two decades,” said René Ruiz, who serves as board treasurer for both MPP and MPP Foundation. “We, as both board members and supporters of this historic movement, thank him for his years of hard work, which have yielded so much success. As a board, we agreed it was time to dedicate Rob to the crucially important tasks of high-level strategy and fundraising.”

Matthew Schweich, the newly appointed interim executive director, joined MPP in March 2015 and served as campaign director for the 2016 legalization ballot initiative campaigns in Maine, Massachusetts, and Arizona. He also worked on the successful 2016 Nevada campaign.

“I saw Matthew play an integral leadership role in the legalization victories in Maine and Massachusetts last year,” said Ruiz. “He successfully managed multiple teams across the country during the 2016 election cycle, and he’s the perfect choice to guide MPP through this transition period.”

“I look forward to continuing the important work of our organization,” said Schweich. “I’ve worked closely with Rob for two-and-a-half years, and I am grateful to have his support and assistance as I chart our path forward.”

The boards for MPP and MPP Foundation will begin a national search for a permanent executive director that is expected to last approximately six months.

Statement from Rob Kampia:

“I want to thank the MPP board for dedicating sufficient resources to allow me to focus on strategy and fundraising, while liberating me from managerial duties and other responsibilities.

“Back in 1993, I moved to D.C. three days after graduating from Penn State for the sole purpose of legalizing marijuana. Fully 19 years later, in 2012, MPP stunned the world by legalizing marijuana in Colorado, and in the four years since then, MPP legalized marijuana in four more states, being responsible overall for five of the eight states’ legalization laws.

“When I co-founded MPP in 1995, medical marijuana was illegal in all 50 states, and it had been a decade since a good marijuana bill was even pending in Congress. Since 1995, MPP has passed half of the 29 states’ medical marijuana laws, and MPP was the lead organization that successfully lobbied Congress in 2014 to block the Justice Department from interfering with those state laws, and that amendment from Congressman Dana Rohrabacher is still the law nationwide.

“Since co-founding MPP in 1995, the three most emotionally important victories have been legalizing marijuana in Colorado and Nevada in 2012 and 2016 and legalizing medical marijuana in Ohio in 2016.

“One month after Ohio’s Republican legislature and Republican governor enacted our bill into law, I visited Columbus to thank Ohio’s wonderful volunteers at our final campaign event, and a patient with a visible tumor on her neck privately attacked me for leaving her unprotected in the law. When the volunteer leader and I explained that she’s protected because she suffers from debilitating pain, she almost cried in disbelief, and I almost cried when I saw that disbelief blossom into relief.

“I’m looking forward to spending more time on Capitol Hill to help craft and pass the best possible legalization law nationally. I also want to focus on legalizing marijuana in three of the 10 most populous states – Texas, New York, and Michigan.

“Just yesterday, our Michigan campaign submitted a sufficient number of signatures to that state government, virtually guaranteeing that Michigan will be the only state to vote in November 2018 on a statewide ballot measure to legalize marijuana.

“I'm honored to have served as executive director, I'm excited the board chose the person I nominated to serve as interim executive director, and I'm energized to help identify a new executive director to finish the job of ending marijuana prohibition in the U.S.”

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Advocates urge lawmakers to override, support the will of the people, and take adult marijuana market away from criminals

AUGUSTA, Maine – On Friday, Gov. Paul LePage followed through on threats to veto legislation that would have started the process of implementing a regulated marijuana market that Maine voters called for when they approved Question 1 in 2016. The bill, which was supported overwhelmingly in the House and Senate, would have created rules for cultivation, processing, and retail establishments, as well as set tax rates for adult-use marijuana and delay marijuana social consumption lounges until summer 2019.

LD 1650 was the product of nearly seven months of transparent deliberations in the legislature that included input from a variety of stakeholders and concerned residents. Gov. LePage and House Minority Leader Ken Fredette (R-Newport) attempted to circumvent this legislation by introducing a bill to officially delay marijuana retail sales until 2019, but it was defeated in late October.

Statement from David Boyer, MPP Maine political director and campaign manager for the 2016 Yes on 1 campaign:

“Gov. LePage has made a mistake by vetoing this legislation. Instead of a regulated and controlled system of marijuana cultivation and sales, Maine will continue to support the unregulated market. In 2014, the governor said he would implement a legalization law if approved by voters, but he has failed to uphold that commitment.

We call on the legislature to override this ill-advised veto. The bipartisan compromise bill proposed by the legislature will allow Maine to establish the regulations necessary to implement the will of the people as expressed last November.

In Massachusetts, Republican Gov. Charlie Baker campaigned against the marijuana legalization initiative last year. However, he respected the outcome and moved forward with implementation of the law. It is unfortunate that Gov. LePage has not done the same. Seven other states have passed legalization initiatives over the past five years, and none have seen this type of obstructionism from their governors.”

Statement from Matthew Schweich, MPP director of state campaigns and campaign director for the 2016 Yes on 1 campaign:

“It is very disappointing to see this unprecedented level of gubernatorial interference in Maine. The outcome of the referendum last year was clear: Mainers want marijuana legal, taxed, and regulated for adults. With his veto of this bill, Gov. LePage has effectively chosen to veto the will of the people.

On Election Day 2016, Maine, Massachusetts, Nevada, and California all approved ballot initiatives to make marijuana legal and regulated for adults. Of those four states, Maine has made the least amount of progress in implementing its legalization policy. As a result, Maine will forgo more tax revenue and allow the illicit market to continue to dominate marijuana sales.

The bipartisan implementation bill was drafted by a committee of legislators, some of whom actually opposed legalization last year. Supporters of this legislation are advocating against further delays so that regulations can be established to improve public health and safety by curtailing the unregulated market.

We are hopeful that the Maine Legislature will respect the outcome of the ballot initiative by overriding this veto. Doing so will be a victory for pragmatic and responsible policymaking in Maine.”

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Marijuana is currently legal for adults in eight states and the District of Columbia; several more states to consider regulating marijuana like alcohol in 2018

Statement below from the Marijuana Policy Project, the nation’s largest marijuana policy organization

WASHINGTON — A new Gallup poll released Wednesday shows support for making marijuana legal in the U.S. has reached a record level of 64%, up from 60% last year and 50% in 2011.

This year’s national survey shows the greatest approval for ending marijuana prohibition in the history of the study, and the first time that a majority of those who identify as Republicans support making marijuana legal (51%).

Voters in eight states have passed initiatives regulating and taxing marijuana similarly to alcohol, and marijuana is legal for adults in the nation’s capital. Earlier this year, Vermont became the first state to approve a bill through its legislature that would have made marijuana legal for adults before being vetoed by the governor.

Advocates in Michigan are expected to qualify an initiative for the ballot next year that would regulate marijuana for adults, and at least 18 states are expected to have legalization bills introduced during their 2018 legislative sessions.

Statement from Morgan Fox, director of communications for the Marijuana Policy Project:

“It makes sense that support for ending marijuana prohibition is increasing. Americans are tired of wasting resources arresting hundreds of thousands of individuals every year for using a substance that is safer than alcohol. In the five years since the first states made marijuana legal for adults, it has become increasingly clear that — unlike prohibition — regulation works. Adult-use marijuana laws create jobs, generate tax revenue, and protect consumers while taking the marijuana market out of the hands of criminals.

“As public support for ending marijuana prohibition continues to grow, it is crucial that states continue to be given the freedom to serve as laboratories of democracy. We urge the Department of Justice in particular to continue its policy of not interfering in states with well-regulated adult-use and medical marijuana programs while lawmakers catch up to the will of the people.”

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Bipartisan effort will establish a regulatory structure for legal marijuana sales and cultivation, sets timeline for implementing voter-approved initiative

AUGUSTA, Maine — On Monday, Maine lawmakers approved a bill that would establish regulations for the legal marijuana market, with the House voting 81-50 and the Senate voting 22-9 before both chambers passed the measure in an “under the hammer” or unanimous vote. This omnibus bill, LD 1650, was the culmination of nearly seven months of work by the Marijuana Legalization Implementation Committee. The bill creates the rules for licensing and regulating marijuana producers, processors, and retail establishments; sets the tax rates for adult-use marijuana; and will delay marijuana consumption social clubs until the summer of 2019.

“We commend the legislature for supporting the will of the people by passing this bill to implement a regulated marijuana market without further delay,” said David Boyer, Maine political director for the Marijuana Policy Project. “This bill was created transparently and inclusively, and while it may not be perfect, it essentially does what Maine voters wanted when they approved Question 1 last year. It is time to start working toward that goal of getting the marijuana market out of the hands of criminals and under the control of the state and legitimate businesses.”

Last week, Gov. Paul LePage and House Minority Leader Ken Fredette (R-Newport) announced legislation that would further delay legal marijuana sales and cultivation until 2019 — three years after voters approved Question 1, which made marijuana legal for adults and regulated similarly to alcohol. This moratorium bill was defeated in the legislature on Monday. Gov. LePage has also threatened to veto the implementation bill.

“As long as this obstruction continues, Maine will continue to fall farther behind the other states that are successfully regulating marijuana for adults,” Boyer said. “We know how to proceed with this market. Waiting around only benefits drug dealers, while hurting consumers and taxpayers. We will continue working to make sure the legislature takes appropriate action without further delay, regardless of the Governor’s actions.”

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Bans and moratoriums block revenue and keep commerce in hands of criminals, group says

BOSTON, Mass. — Towns passing legal cannabis bans and moratoriums are guaranteeing continued market control by criminals and street dealers, the group behind the legalization measure passed by voters last November said today.

The group praised Marshfield voters for rejecting a measure at a town meeting yesterday that would have banned marijuana retail facilities in the town.

“Very simply, if cannabis isn’t sold by regulated and taxed retailers, it will continue to be sold by criminals who don’t check IDs and don’t care about the safety of their product,” said Jim Borghesani, Massachusetts spokesman for the Marijuana Policy Project and former communications director for the Yes on 4 campaign. “Marshfield voters made a responsible decision yesterday to make sure their town takes commerce away from street dealers and puts significant new tax dollars in the town coffers.”

Borghesani added that the legislature’s decision to change the law passed by voters made it easier to ban marijuana businesses without a clear mandate from local residents.

“While we accepted the overall legislative compromise this past summer, we believe it was a mistake to create two classes of municipalities in the state when it comes to local bans,” Borghesani said. “The legislative changes to the law passed last year have allowed local officials to ban businesses without a convincing mandate from local voters.”

One “no” town, Mashpee, passed a moratorium this week at a town meeting attended by only 320 voters. There are 10,848 registered voters in Mashpee.

“Unfortunately, these decisions are being made by a very small percentage of voters in some towns. We’re hopeful that more towns will follow Marshfield’s example, and we will be working to inform local voters about upcoming ban proposals,” Borghesani said.

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Debate on regulating marijuana “should take place in the General Assembly among legislators elected by the people”

PROVIDENCE, R.I. — Rhode Island House Speaker Mattiello announced his appointments to the marijuana study commission on Wednesday, completing the appointment process and clearing the way for the committee to begin gathering information on how legal marijuana is working in other states. The Senate President announced his appointments last month. The study commission, created during the 2017 legislative session, is comprised of 19 individuals and is tasked with compiling information from states that have made marijuana legal for adults and regulated it similarly to alcohol.

Advocates for marijuana policy reform are urging the commission to limit their role to fact-finding and allow elected representatives and their constituents to determine the best policy for Rhode Island.

Statement from Matthew Schweich, director of Regulate Rhode Island:

“The study commission should spend its time compiling data from other states and examining how Rhode Island could legalize, regulate, and tax marijuana. We do not think it would be appropriate for the study commission to provide a final recommendation as to whether Rhode Island should ultimately adopt a legalization policy. That debate must take place in the General Assembly among legislators elected by the people. A temporary study commission comprised of political appointees is not an appropriate venue for that debate.

The study commission should be viewed as a fact-finding mission with the purpose of providing data and other findings so that each member of the General Assembly can make an informed decision on the question of legalizing marijuana. The study commission must not dictate what that decision should be.

Nearly 60% of Rhode Islanders now support legalization. Massachusetts will be opening stores within driving distance of our borders by next summer. Whether Rhode Island politicians like it or not, legal marijuana will soon be accessible to adults in our state.

Political leaders should accept the reality that maintaining a policy of prohibition will accomplish very little in terms of limiting the availability of legal marijuana to our residents.

Rhode Island voters understand that legalization will improve public health and public safety by removing marijuana from the unregulated market and putting it behind the counters of licensed, tax-paying businesses. It is time for our state to end the injustice of punishing adults for using a substance that is objectively safer than alcohol and is legal in neighboring states.

Massachusetts is moving ahead to implement its legalization law, and the debate in Rhode Island now centers on a simple question: how many millions of dollars of tax revenue and how many hundreds of jobs shall we forfeit to Massachusetts?”

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Regulate Rhode Island is a coalition of community leaders, organizations, and residents committed to ending the failed policy of marijuana prohibition and replacing it with a system in which marijuana is regulated and taxed similarly to alcohol. Member organizations include the Rhode Island NAACP, Rhode Island ACLU, Rhode Island Association of Criminal Defense Lawyers, Rhode Island Working Families, Rhode Island Sierra Club, Rhode Island Young Democrats, Clergy for a New Drug Policy, Law Enforcement Action Partnership, and the Marijuana Policy Project, among others. For more information, visit http://www.RegulateRI.com.

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WASHINGTON — An estimated 653,249 arrests were made nationwide for marijuana in 2016, according to the Federal Bureau of Investigation’s annual Crime In the United States (CIUS) report. This means one person was arrested for marijuana approximately every 48 seconds on average in the United States.

The full report is available here: https://ucr.fbi.gov/crime-in-the-u.s/2016/crime-in-the-u.s.-2016 (Note: Marijuana-specific data was not published online but is available upon request.)

“Arresting and citing over half a million people a year for a substance that is objectively safer than alcohol is a travesty,” said Morgan Fox, director of communications for the Marijuana Policy Project. “Despite a steady shift in public opinion away from marijuana prohibition, and the growing number of states that are regulating marijuana like alcohol, marijuana consumers continue to be treated like criminals throughout the country. This is a shameful waste of resources and can create lifelong consequences for the people arrested.”

There are currently eight states that regulate marijuana similarly to alcohol for adults, four of which voted to do so in November 2016. Marijuana possession is also legal for adults in the District of Columbia. Twenty-three states and D.C. considered legislation in 2017 to regulate marijuana, including in Vermont where the legislature approved such a measure before the governor vetoed it.

“Regulating marijuana for adults creates jobs, generates tax revenue, protects consumers, and takes money away from criminals,” Fox continued. “It is time for the federal government and the rest of the states to stop ruining peoples’ lives and enact sensible marijuana policies.”

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New Hampshire becomes the 22nd state in the nation — and the last of the New England states — to eliminate the possibility of jail time for simple marijuana possession

* Statements below from MPP’s New Hampshire-based New England political director, Matt Simon *

CONCORD, N.H. — New Hampshire’s bill decriminalizing possession of small amounts of marijuana will officially take effect on Saturday, making New Hampshire the 22nd state in the nation — and the last of the New England states — to eliminate the possibility of jail time for simple marijuana possession.

“The governor and Legislature both deserve a lot of credit for moving the state forward with this commonsense reform,” said Matt Simon, the Manchester-based New England political director for the Marijuana Policy Project. “Unlike his predecessors, who opposed similar proposals, Gov. Sununu appears to understand that ‘Live Free or Die’ is more than just a motto on a license plate.

“A lot of credit also goes to the House, which has been supporting decriminalization bills since 2008,” Simon said. “It was refreshing to see the Senate finally come to an agreement with the House on this issue in 2017. This is a big step toward a more sensible marijuana policy for New Hampshire.”

HB 640 was introduced by Rep. Renny Cushing and a bipartisan group of co-sponsors in the House of Representatives, where it received overwhelming approval in February (318-36). The Senate amended and approved it on May 11 (17-6), and the House passed the Senate version by a voice vote on June 1. Gov. Sununu signed it on July 18.

This legislation reduces the penalty for possession of up to three-quarters of an ounce of marijuana from a criminal misdemeanor — 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 may be charged as a class B misdemeanor, but there would be no arrest or possibility of jail time.

“There is no good reason to continue arresting and prosecuting people for marijuana possession,” Simon said. “Marijuana is objectively less harmful than alcohol, and Granite Staters are ready to see it treated that way. A very strong majority of state residents support ending marijuana prohibition altogether.

“New Hampshire lawmakers should continue to follow their constituents’ lead on this issue,” Simon said. “Every state in New England is either implementing or strongly considering legislation to regulate marijuana for adult use. It is time for the Legislature to develop a realistic marijuana prohibition exit strategy for New Hampshire.”

More than two-thirds of adults in New Hampshire (68%) support making marijuana legal, according to a Granite State Poll released last month by the University of New Hampshire Survey Center.

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