Amendment would continue to prevent Dept. of Justice from using funds to target medical marijuana patients and providers in states where it is legal

* Statement below from Don Murphy of the Marijuana Policy Project *
                              
WASHINGTON — On Thursday, the Senate Appropriations Committee on Commerce, Justice, Science, and Related Agencies (CJS) approved an amendment in a voice vote that would continue to protect state medical marijuana programs from federal interference.

The amendment, introduced by Sen. Patrick Leahy (D-Vermont), would add a clause to the CJS budget for Fiscal Year 2018 that prevents the Dept. of Justice from using resources to prosecute medical marijuana patients and providers that are in compliance with state law. A similar amendment was introduced in the House of Representatives by Rep. Dana Rohrabacher (R-CA) and Rep. Earl Blumenauer (D-OR).

In 2014, Congress added a similar amendment to an omnibus spending bill that prevented the Dept. of Justice from spending any resources to target state-legal medical marijuana businesses. This amendment was subsequently renewed, but now stands to expire.

If the CJS budget is approved in the Senate, the amendment will go to a special conference committee to reach a compromise with the House. If no budget is approved by September 30, the previous amendment will be automatically renewed for another year.

Attorney General Jeff Sessions has repeatedly stated that he opposes marijuana being legal for any reason, and in May sent a letter to Congress urging them to vote down the amendment and allow him to resume prosecuting medical marijuana providers.

Twenty-nine states, the District of Columbia, and the U.S. territories of Guam and Puerto Rico have enacted effective medical marijuana laws.

According to an April poll conducted by Quinnipiac University, 94 percent of U.S. voters support allowing adults to legally use marijuana for medical purposes. The same poll showed 73 percent of U.S. voters “oppose government enforcement of federal laws against marijuana in states that have legalized medical or recreational marijuana.”

Statement from Don Murphy, director of conservative outreach for the Marijuana Policy Project:

“More than half the states have taken a stand and said they want their seriously ill residents to have safe and reliable access to medical marijuana, and today the Senate Appropriations Committee listened. What was expected to be a very successful vote passed on an overwhelming voice vote, while opposition to the Leahy amendment was literally a whimper. That sound we heard in the Senate was the sound of a waving white flag as the federal war on medical marijuana patients and providers winds down.

“We strongly urge the rest of Congress to do the right thing and include this amendment in the final budget. Even if you are one of the few people who don’t support medical marijuana, states should still have the right to help their most vulnerable residents. They should not have to worry about the Department of Justice interfering.”

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HB 640 will take effect in 60 days, 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

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

CONCORD, N.H. — Gov. Chris Sununu signed a bill into law Tuesday that will decriminalize possession of small amounts of marijuana in New Hampshire. It will officially take effect in 60 days, 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 deserves credit for his steadfast support of 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 passing decriminalization bills since 2008,” Simon said. “It is refreshing to see the Senate finally come to an agreement with the House on this issue. 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.

HB 640 will reduce 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 could 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 New Hampshire adults (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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The House had previously voted for far-reaching changes to the law passed by voters in November 2016; compromise bill more closely reflects ballot initiative 

BOSTON, Mass. – After weeks of talks and missed deadlines, legislators in Massachusetts have reached an agreement on legislation that will make changes to Question 4, the law to regulate marijuana for adults that was approved by voters in November 2016.

“After weeks of intense advocacy from Massachusetts voters, legislators have decided to respect the will of the people,” said Matthew Schweich, director of state campaigns for the Marijuana Policy Project and one of the leaders of the 2016 campaign. “We are relieved that the legislature has dropped the House’s ‘repeal and replace’ bill introduced last month, which would have made damaging changes to the law.”

The compromise bill’s most significant changes relate to local control and taxes. The legislation adjusts the local control policy, allowing local government officials in towns that voted “no” on the 2016 ballot initiative to ban marijuana businesses until December 2019. For towns that voted “yes” in 2016, any bans must be placed on a local ballot for voters to approve. The maximum sales tax rate (which depends on whether towns adopt optional local taxes) will increase from 12% to 20%. Under the bill, the state tax will be 17% and the local option will be 3%.

“The law passed by voters was well-crafted and required no alteration,” said Schweich. “However, we respect the need for compromise, and while we don’t approve of every provision of this bill, we are satisfied that the outcome will serve the interests of Massachusetts residents and allow the Commonwealth to displace the unregulated marijuana market with a system of taxation and regulation.”

Last month, the House and Senate passed very different implementation bills before beginning negotiations to resolve their differences. Massachusetts residents made over 1,000 telephone calls to their lawmakers urging rejection of the House approach, while advocacy organizations put additional pressure on the legislature.

“We commend the Senate for holding the line on a number of important issues,” said Jim Borghesani, spokesperson for the 2016 Yes on 4 campaign and the subsequent advocacy effort to defend the law. “Now it’s time to provide funding that will allow the regulators to establish the rules that will govern marijuana cultivation and sales.”

The progress in Massachusetts will likely add momentum to regional efforts across New England to tax and regulate marijuana for adults.

“Maine is in the process of implementing its marijuana regulation law passed by voters, while legislators in Vermont, Rhode Island, and Connecticut all seriously considered bills to make marijuana legal for adults this year,” said Schweich. “The fact that marijuana sales will begin in Massachusetts in just one year will place added pressure on Rhode Island in particular. If legislators fail to take action, the Ocean State will soon be senselessly forfeiting significant and sorely-needed tax revenue to its neighbor.”

On July 1, Nevada became the fifth state in the nation to establish a regulated marijuana market for adults. Regulated marijuana sales are set to begin in Massachusetts in July 2018.

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Final version of HB 215 includes numerous opponents of reforming marijuana laws, but no supporters — the bill’s prime sponsor and other leading advocates have withdrawn their support

CONCORD, N.H. — Today, advocates for legalizing and regulating marijuana in New Hampshire sent a letter to Gov. Chris Sununu asking him to veto HB 215, a bill that would create a study commission to consider marijuana legalization and regulation. The letter, which was signed by leading advocates including the bill’s prime sponsor, Rep. Renny Cushing (D-Hampton), notes that, “The commission envisioned by the final bill includes numerous vocal opponents, such as the Association of Chiefs of Police and New Futures, but it does not include any known supporters.” You can read the full letter at https://www.mpp.org/HB215vetoletter.

The House version of the bill included a representative of the American Civil Liberties Union of New Hampshire and a representative from the Marijuana Policy Project, which would have added some balance to the commission, but the Senate removed those prospective members from the bill.

“New Hampshire should absolutely study marijuana legalization, but this isn’t the way to go about it,” explained Matt Simon, New England political director for the Marijuana Policy Project. “Sadly, the commission proposed in this bill would have little to no credibility with Granite Staters who support legalizing marijuana,” he said.

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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State lawmakers used the last day of the legislative session to begin preparing for the future passage of legislation to end marijuana prohibition

DOVER, Del. — The General Assembly passed a concurrent resolution Saturday morning to create a task force that will study regulating and taxing marijuana for adult use in Delaware.

The Adult Use Cannabis Task Force “shall study adoption of a model for regulation and taxation of adult-use cannabis in Delaware, including local authority and control, consumer safety and substance abuse prevention, packaging and labeling requirements, impaired driving and other criminal law concerns, and taxation, revenue, and banking issues.” It will hold its first meeting no later than September 7, 2017, and it must report its findings and recommendations to the governor and the General Assembly by January 31, 2018.

"The General Assembly is ready to take a serious look at regulating and taxing marijuana for adult use,” said Maggie Ellinger-Locke, legislative counsel for the Marijuana Policy Project. “This is an opportunity for a variety of stakeholders to come together and examine every aspect of this issue. We hope it will pave the way for the General Assembly to adopt a more thoughtful approach to cannabis next session. Lawmakers can see the direction the country is moving on this issue and they know most Delaware voters support making marijuana legal for adults.”

The 23-member task force will be co-chaired by Sen. Margaret Rose Henry and Rep. Helene Keeley, Democrats who sponsored legislation this year to regulate and tax marijuana like alcohol for adults 21 and older. It will also include:

•    a state senator and a state representative from the minority caucus, appointed by the Senate president and House speaker, respectively;
•    the Secretary of the Department of Finance;
•    the Secretary of the Department of Natural Resources and Environmental Control;
•    the Secretary of the Department of Safety and Homeland Security;
•    the Director of the Division of Public Health;
•    the Director of the Division of Substance Abuse and Mental Health;
•    the State bank commissioner;
•    the Attorney General;
•    the Chief Defender, Office of Defense Services;
•    the Mayor of the City of Wilmington;
•    the Chair of the Medical Marijuana Oversight Committee;
•    a marijuana policy reform advocate and a medical marijuana industry representative, both appointed by the Governor;
•    a physician with experience recommending treatment with medical marijuana, appointed by the Medical Society of Delaware
•    the President of the Delaware League of Local Governments;
•    the Chair of the Delaware Police Chiefs’ Council;
•    the Chair of the Employer Advocacy Committee of the Delaware State Chamber of Commerce;
•    a representative of AAA Mid-Atlantic; and
•    a pharmacist, appointed by the President of the Delaware Pharmacist Society.

More than 60% of Delaware voters support making marijuana legal, according to a September 2016 poll by the University of Delaware Center for Political Communication.

Eight states have enacted laws regulating marijuana for adult use: Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, and Washington. In the District of Columbia, voters enacted a law making personal possession and home cultivation legal for adults 21 and older.

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The Delaware Cannabis Coalition is a coalition of citizens and organizations working to end marijuana prohibition in Delaware and replace it with a system in which marijuana is regulated and taxed similarly to alcohol. For more information, visit http://www.DelawareCannabisPolicy.org.

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Nevada will be the fifth state in which adults 21 and older can purchase limited amounts of marijuana from regulated businesses

LAS VEGAS — Legal adult marijuana sales will begin in Nevada on Saturday, making it the fifth state in the nation to establish a regulated marijuana market for adults.

Beginning at 12:01 a.m. PT, adults 21 and older with a valid ID will be able to purchase up to one ounce of marijuana or one-eighth of an ounce of marijuana-infused edibles or concentrates from licensed marijuana retail outlets. Retail marijuana sales will be subject to a 10 percent sales tax, which state officials estimate will generate more than $60 million in the first two years.

“The marijuana prohibition era is finally coming to an end in Nevada,” said Mason Tvert, director of communications for the Marijuana Policy Project (MPP), which backed Question 2, the initiative to regulate marijuana like alcohol that was approved by approximately 54.5 percent of Nevada voters in November. MPP supported similar, unsuccessful initiatives in Nevada in 2002 and 2006.

“Adults will now be able to purchase marijuana similarly to how they purchase alcohol, from regulated businesses rather than criminals in the illegal market,” Tvert said. “Nevadans voted for safer communities, new tax revenue, and a more sensible marijuana policy. That is exactly what they are going to get.”

Question 2 required the state to initiate adult sales by January 1, 2018, but the Nevada Tax Commission adopted temporary regulations allowing sales to begin six months earlier through existing licensed medical marijuana outlets. Marijuana possession has been legal for adults 21 and older since Question 2 took effect on January 1, 2017.

Nevada is one of eight states that have enacted laws to legalize, regulate, and tax marijuana for adult use. Regulated adult marijuana sales are currently taking place in Alaska, Colorado, Oregon, and Washington, and they are expected to commence next year in California, Maine, and Massachusetts. A petition drive to place a similar proposal on the November 2018 ballot is currently underway in Michigan.

“Legal marijuana sales in Nevada are going to accelerate growth in public support for ending marijuana prohibition,” Tvert said. “Tens of millions of visitors per year from all over the U.S. and around the world will see firsthand that regulating marijuana works. What happens in Vegas will stay in Vegas, but what is learned about marijuana in Vegas will be shared with everyone back home.”

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Detailed poll results memo available at: www.utahpatients.org/february17survey

SALT LAKE CITY, Utah — A February poll of 402 Utahns found that 73% of voters support a medical cannabis ballot initiative, with only 20% opposed and 7% undecided.

“The poll results show overwhelming and broad support for medical cannabis in Utah,” said DJ Schanz, director of Utah Patients Coalition. “Voters believe that patients should be able to safely and legally access the medicine they need.”

Voters from virtually all demographic groups expressed support, including 64% of Republican voters, 63% of active LDS voters, and 75% of voters age 50 and above. Nearly 80% of all voters support medical cannabis in principle.

The poll found 72% support for allowing doctors to recommend medical cannabis as a treatment for chronic pain.

A 2014 study published in the Journal of the American Medical Association found that, between 1999 and 2010, states with medical cannabis laws had a 24.8% lower rate of opioid overdose deaths than states without medical cannabis laws.

“The opioid epidemic has already taken too many lives in our state,” said campaign spokesperson Christine Stenquist. “We should allow medical cannabis as a treatment for chronic pain for two urgent reasons. First, medical cannabis is a more effective treatment for many patients. And second, it can potentially play a significant role in reducing the rate of opioid overdose deaths in Utah.”

The poll was conducted with live callers on both landline and wireless phones. It was commissioned by the Marijuana Policy Project, a national marijuana reform organization that is supporting the 2018 Utah campaign. Fairbank, Maslin, Maullin, Metz & Associates, an opinion research firm, conducted the poll.

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The Utah Patients Coalition is a political campaign committee formed to support a 2018 ballot initiative to establish a medical cannabis program in Utah. For more information, visit https://www.utahpatients.org.

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The bill approved Wednesday, which addresses concerns Gov. Scott expressed when he vetoed a similar bill in May, would eliminate penalties for personal marijuana possession and cultivation by adults 21 and older; it would also create a study commission on regulating and taxing marijuana for adult use

MONTPELIER, Vt. — Another bill that would make marijuana legal for adults in Vermont was approved by the Senate on Wednesday, the first day of a two-day veto session. H. 511 reflects a compromise between legislative leaders and Gov. Phil Scott, who vetoed a similar bill, S. 22, in late May. It will now go the House, where it is unclear if a substantial number of House Republicans will agree to waive rules and allow its consideration during the veto session.

A three-quarters vote of the House will be required for the bill to be taken up on Thursday. If the House does not pass the bill during the veto session, H. 511 could receive a vote when the House next convenes.

The legalization language was added as an amendment to H. 511, a bill dealing with highway safety that had already passed the House. It would eliminate Vermont’s civil penalty for adults possessing one ounce or less of marijuana beginning in July 2018 and remove penalties for possession of up to two mature marijuana plants and up to four immature plants. It would also create a study commission to develop legislation to regulate and tax marijuana for adult use. The amended bill would extend the time allotted by S. 22 for the commission to submit its report, add additional agency directors and the defender general to the commission, and increase penalties for dispensing marijuana to minors or exposing them to marijuana smoke in cars.

“Vermont is poised to make history by becoming the first state in which the legislature and governor end the disastrous policy of marijuana prohibition. Just over a year from now, adults will have the same freedoms to grow and possess cannabis that our neighbors in Maine and Massachusetts enjoy,” said Matt Simon, New England political director for the Marijuana Policy Project. “The question is no longer ‘if’ Vermont will stop penalizing adult cannabis consumers, but ‘when’.”

“There is no good reason for the House to delay passage of this modest and sensible legislation,” Simon said. “Now that Gov. Scott has agreed with the House and Senate that marijuana should be legal for adult use, House Republicans should follow the governor’s lead and vote to advance this compromise. Failing to waive the rules will only mean the marijuana regulatory commission has less time to do its important work.”

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.

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The Vermont Coalition to Regulate Marijuana is a broad coalition of citizens, organizations, and businesses working to end marijuana prohibition in Vermont and replace it with a system in which marijuana is regulated and taxed. For more information, visit http://www.RegulateVermont.org.

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The bipartisan proposal is headed to the governor’s desk after passing 50-13 in the Senate on Tuesday; it received overwhelming approval in the Assembly last month

ALBANY, N.Y. — A bipartisan proposal to add post-traumatic stress disorder (PTSD) as a qualifying condition for New York’s medical marijuana program has received final approval from state lawmakers and is headed to the desk of Gov. Andrew Cuomo. The Senate passed S 5629 on Tuesday (50-13), and the Assembly version, A 7006, received overwhelming approval in May (131-8).

“State lawmakers are standing up for thousands of New Yorkers who are suffering from PTSD and might benefit from medical marijuana,” said Kate Bell, legislative counsel for the Marijuana Policy Project. “We hope Gov. Cuomo will do the same and sign this important legislation. With a single swipe of his pen, he can help countless people find relief.”

“Military veterans, first responders, and victims who have survived assault all deserve society’s respect and the best available treatments; they should not have to abandon their homes and move to another state in order to seek access to medical marijuana,” said Michael Krawitz, executive director of Veterans for Medical Cannabis Access. “This is compassionate and commonsense legislation that is widely supported by the public as well as lawmakers from both sides of the aisle.”

Twenty-six of the 29 states with medical marijuana programs allow patients with PTSD to qualify. In one of the states that do not, Alaska, marijuana is legal and regulated for adults 21 and older. Bills to add PTSD to state medical marijuana programs have been approved and signed into law in Colorado and Vermont this year. Legislation to add PTSD has also been approved in both chambers of the New Hampshire Legislature and is currently awaiting the governor’s signature.

“In the past year, 11 more states have approved allowing trauma survivors to use cannabis for PTSD. Now only three medical cannabis states exclude PTSD patients,” Bell said. “Senate Majority Leader John Flanagan and his colleagues should be commended for addressing the needs of New York residents who are dealing with this terrible condition, including our veterans. By signing this legislation, Gov. Cuomo can ensure New Yorkers don’t get left behind.”

S 5629 was introduced by Sen. Diane Savino (D-Staten Island) with a bipartisan coalition of seven co-sponsors, including Sen. Martin Golden (R-Brooklyn), who previously opposed medical marijuana legislation. A 7006 was introduced by Assembly Health Committee Chair Richard N. Gottfried (D-Manhattan) with a bipartisan coalition of more than three dozen co-sponsors. “We are grateful to Sen. Diane Savino and Assemblyman Richard Gottfried for their leadership on this bill and other medical marijuana issues,” Bell said.

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The CARERS Act would allow the possession, production, and distribution of medical marijuana in states that have made it legal; lift the ban on Veterans Affairs doctors recommending it to patients in those states; and improve access to marijuana for medical research

* Statement below from Don Murphy of the Marijuana Policy Project *
                              
WASHINGTON — U.S. Sens. Rand Paul (R-KY), Corey Booker (D-NJ), and Kirsten Gillibrand (D-NY) reintroduced a bill Thursday that would end the federal prohibition of medical marijuana. Sens. Mike Lee (R-UT) and Lisa Murkowski (R-AK) also signed on to the legislation as original co-sponsors.

The Compassionate Access, Research Expansion, and Respect States (or CARERS) Act of 2017 would allow individuals and entities to possess, produce, and distribute medical marijuana if they are in compliance with state medical marijuana laws. It would also open up avenues to medical marijuana research and allow physicians employed by the Department of Veterans Affairs to recommend medical marijuana to veterans in states where it is legal. The bill also proposes excluding cannabidiol, a non-psychoactive cannabinoid found in marijuana, from the federal government’s definition of “marijuana.”

This is the second time the CARERS Act has been introduced. It was first introduced on March 10, 2015, during the 114th Congress.

Twenty-nine states, the District of Columbia, and the U.S. territories of Guam and Puerto Rico have enacted effective medical marijuana laws. An additional 19 states have adopted laws that recognize the medical value of marijuana but are unworkable or exceptionally limited.

According to an April poll conducted by Quinnipiac University, 94 percent of U.S. voters support allowing adults to legally use marijuana for medical purposes, including 96 percent of Democrats, 90 percent of Republicans, and 95 percent of independents.

Statement from Don Murphy, director of conservative outreach for the Marijuana Policy Project:

“The reintroduction of the CARERS Act is the first of many steps we hope this Congress will take to end the federal prohibition of medical marijuana. The addition of Sens. Lee and Murkowski as original co-sponsors should inspire other Republicans to seriously consider this legislation and the absurd federal overreach that it seeks to correct. Marijuana is effective in the treatment of several debilitating conditions. The federal government should not be meddling in state laws that allow it or obstructing research into its many medical benefits.

“Polls show overwhelmingly strong support for medical marijuana, and it spans the political spectrum. There is no better example of an issue that garners the level of bipartisan support necessary to pass meaningful legislation. Twenty-nine states and our nation’s capital have enacted effective medical marijuana programs, and an additional 19 states have adopted laws that recognize marijuana’s medical value. There is no rational reason to continue prohibiting seriously ill patients from using this medicine or punishing those who provide it to them.”

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