Sen. Joshua Miller, Rep. Scott Slater, and Regulate Rhode Island announce a proposal to legalize possession of small amounts of marijuana on July 1, 2018 and establish an advisory board to provide recommendations to the General Assembly on regulating sales and cultivation

PROVIDENCE, R.I. — Regulate Rhode Island and allied legislators are announcing a new proposal they call “incremental legalization.” Specifically, the compromise legislation would:

• legalize possession of an ounce or less for adults 21 and older on July 1, 2018 when marijuana retail stores are scheduled to open in Massachusetts; and

• establish a six-person advisory board comprised of two state officials selected by the governor, two state senators, and two state representatives to study outcomes of legalization in other states and issue a report by January 1, 2018 with recommendations for the General Assembly on how to establish a system for taxing and regulating marijuana in Rhode Island.

Sen. Joshua Miller (D-Cranston) and Rep. Scott Slater (D-Providence) are prepared to amend their legalization bills (S 0420 and H 5555) to reflect these changes.

Sen. Miller said, “We are prepared to compromise in a significant way, but there must be progress on the issue this year. Our proposal balances the will of the majority of voters who want marijuana to be legal for adults while respecting colleagues who want to slow things down and get the regulations right.”

Rep. Slater added, “Legislative leaders in Massachusetts say that marijuana businesses will be open there no later than July 1, 2018. Rhode Islanders will be able to cross the border and legally purchase marijuana, and they should not be considered lawbreakers in our state when they come back. Virtually all of our neighboring states are moving in this direction, and we want to see Rhode Island at least establish a viable path to legalization so that we are ready to move forward next year.”

On Tuesday, the House Judiciary Committee approved an amended version of H 5551, which would establish a 22-person study commission on marijuana legalization. The Marijuana Policy Project and its local partner Regulate Rhode Island believe the House’s study commission will be ineffective.

Matthew Schweich, director of state campaigns for the Marijuana Policy Project, said, “Rhode Island voters want to see progress on this issue, and a 22-person study commission will not be constructive. It would simply be a repeat of the debate we have already had for the past several years. Instead of asking ‘if’ we should legalize marijuana, which is a question best addressed by the existing committee process in the General Assembly, we should study ‘how’ legalization could be implemented. Our proposal is a more sensible approach that represents a meaningful first step toward finally ending the failed policy of marijuana prohibition in Rhode Island.”

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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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LD 243 is now headed to Gov. Paul LePage for final approval

AUGUSTA, Maine — The Maine Legislature has passed a bill to fund the implementation of the successful 2016 marijuana legalization initiative and change the agency that will regulate marijuana for adult use. The Senate on Thursday passed LD 243 unanimously “under the hammer,” without debate or a roll call vote, sending it to Gov. Paul LePage for final approval. The House passed it “under the hammer” on Wednesday.

LD 243 would transfer the authority to oversee adult-use marijuana from the Department of Agriculture, Conservation and Forestry to the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial Services (DAFS). The Bureau would be responsible for licensing adult-use marijuana businesses and creating and enforcing regulations. LD 243 also allocates $200,000 to the Joint Select Committee on Marijuana Legalization Implementation and $1.4 million to DAFS to implement Question 1.

Statement from David Boyer, Maine political director for the Marijuana Policy Project and campaign manager for the Yes on 1 campaign:

“We hope Gov. LePage will give swift approval to this bill so we can begin to see some meaningful progress on establishing Maine’s adult-use marijuana program. In the meantime, the Legislature should allow Maine’s existing medical marijuana businesses to begin serving adults 21 and older. This approach was successful in Oregon, and it is now being adopted in Nevada. It would work for Maine, as well.

“Initiating adult sales in existing medical marijuana businesses would allow for a slower rollout and give regulators time to make adjustments. It would immediately generate much-needed tax revenue and provide adults with a safe way to purchase marijuana. Marijuana is a legal product now, and Mainers want it to be sold in licensed stores, not on Craigslist and Facebook.”

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Statement below from Matt Simon of the Marijuana Policy Project, which lobbied in support of S. 22

MONTPELIER, Vt. — Gov. Phil Scott announced Wednesday he is vetoing a bill that would have made marijuana legal for adults in Vermont, but offered “a path forward” for passing it later this year. He specified a handful of changes that would need to be made for him to support the measure and said he believes the legislature has time to incorporate them and enact a revised version during the summer veto session.

S. 22 would have eliminated the penalties for possession of up to one ounce of marijuana and home cultivation of up to two mature marijuana plants and four immature plants by adults 21 and older beginning in July 2018. It also would have created a study commission to develop legislation to regulate and tax marijuana for adult use. S. 22 was approved by the Senate (20-9) and House of Representatives (79-66) earlier this month, marking the first time a state legislature has ever passed a bill to make marijuana legal for adults.

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.

Eight 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 would be the first state to make marijuana legal for adults via its legislative body rather than a ballot initiative.

Statement from Matt Simon, New England political director for the Marijuana Policy Project:

“We are disappointed by the governor’s decision to veto this widely supported legislation, but we are very encouraged by the governor’s offer to work with legislators to pass a legalization bill during the summer veto session. Most Vermonters want to end marijuana prohibition, and it is critical that the legislature respond by passing a revised legalization bill this summer. Marijuana is less harmful than alcohol, and there is no good reason to continue treating responsible adult consumers like criminals.

“Despite the veto, this is a huge leap forward. The passage of S. 22 demonstrates most members of both legislative chambers are ready to move forward with making marijuana legal for adults. Lawmakers have an opportunity to address the governor’s concerns and pass a revised bill this summer, and we are excited about its prospects.”

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The plan could generate $240 million in new tax revenue in the first biennium

HARTFORD, Conn. — Democratic state lawmakers proposed a budget Tuesday that includes regulating and taxing marijuana for use by adults 21 and older.

In the first year under the proposed plan, adults would be able to purchase limited amounts of marijuana from existing medical marijuana dispensaries, and sales would be subject to a 25% tax in addition to the standard 6.35% state sales tax. Once the state has licensed adult-use businesses, marijuana would be subject to an excise tax of $50 per ounce in addition to the standard 6.35% state sales tax on retail sales. Oregon and Nevada have taken similar approaches, allowing early adult sales in medical marijuana businesses.

An analysis of the plan estimates it would generate approximately $60 million in marijuana tax revenue in the first full year and $180 million in the second year.

Statement from Sam Tracy, director of the Connecticut Coalition to Regulate Marijuana:

“The Democrats’ proposal to regulate marijuana for adults would generate significant new tax revenue in addition to creating jobs for residents and business opportunities for other local industries. Hundreds of millions of dollars in annual marijuana sales have been taking place in Connecticut each year, and the state has not received a dime in tax revenue. If the Legislature moves forward with this plan, the state could be bringing in hundreds of millions of dollars in new revenue within just the next two years. This is not the only reason or the best reason to regulate marijuana for adult use, but it is one of several good reasons.

“Regulating marijuana would come with several public health and public safety benefits in addition to the economic benefits. It would take marijuana out of the criminal market and ensure it is tested, labeled, and sold only to adults who show proof of age. It would also allow law enforcement officials to spend more time addressing serious crimes instead of enforcing failed prohibition laws. Most Americans recognize that marijuana is safer than alcohol, and they want to see it treated that way. Kudos to the Democrats for proposing a plan that would do just that and bring a variety of benefits to the people of Connecticut.”

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The Connecticut Coalition to Regulate Marijuana is a coalition of citizens, organizations, and community leaders working to end marijuana prohibition in Connecticut and replace it with a system in which marijuana is regulated and taxed similarly to alcohol. For more information, visit https://www.RegulateCT.org.

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HB 640 is headed back to the House, which is expected to concur with the Senate’s version; the bill would remove the threat of arrest and jail time for possession of up to three-quarters of an ounce of marijuana

New UNH poll finds more than two-thirds of Granite Staters (68%) support making marijuana legal

CONCORD, N.H. — The state Senate passed a bill Thursday (17-6) that would decriminalize possession of small amounts of marijuana in New Hampshire.

HB 640 will now head back to the House of Representatives, which overwhelmingly approved the original version in February (318-36) and is expected to concur with the Senate-approved version soon. At that point, the bill would be sent to Gov. Chris Sununu, who is expected to sign it into law.

HB 640 was originally introduced in the House by Rep. Renny Cushing and a bipartisan group of co-sponsors. The Senate-approved version would 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.

“This is a very important reform for the Granite State, and it has been a long time coming,” said Matt Simon, New England political director for the Marijuana Policy Project. “The walls of prohibition are crumbling in New England and across the United States. It’s encouraging to see New Hampshire finally begin to catch up with neighboring states by passing decriminalization.”

More than two-thirds of New Hampshire adults (68%) support making marijuana legal, according to the latest Granite State Poll, which was released Tuesday by the University of New Hampshire Survey Center. Nearly three-quarters of Granite Staters (74%) would like to see the Legislature decriminalize or legalize marijuana.

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HB 110, which would make marijuana legal for adults 21 and older, will now be considered by the full House of Representatives

DOVER, Del. — The Delaware House Revenue and Finance Committee approved a bill Wednesday (9-2) that would make marijuana legal for adults and regulate it similarly to alcohol. HB 110, also known as the Delaware Marijuana Control Act, will now be considered by the full House of Representatives.

“There is strong public support for ending marijuana prohibition in Delaware, and that was reflected in the committee vote,” said Maggie Ellinger-Locke, legislative counsel for the Marijuana Policy Project. “Most Americans now recognize that marijuana is less harmful than alcohol, and they think it is time for it to be treated that way. We hope the full House will follow the committee’s lead and approve HB 110.”

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.

HB 110, sponsored by Committee Chair Helene Keeley and a bipartisan group of 13 co-sponsors, would allow adults 21 and older to possess up to one ounce of marijuana, including no more than five grams of marijuana concentrate. It would direct the Division of Marijuana Control and Enforcement, an entity overseen by the Department of Safety and Homeland Security, to enforce regulations on marijuana cultivators, product manufacturers, testing laboratories, and retail establishments, and localities would be authorized to ban or limit the number of marijuana businesses within their jurisdictions. Home cultivation of marijuana would not be permitted.

“Current prohibition laws have failed, and Delaware deserves a more sensible marijuana policy,” said Ellinger-Locke. “The proposed law would take marijuana out of the criminal market, control production and sales, and have the added bonus of generating significant tax revenue. Several states have adopted similar laws, and they are demonstrating that regulating marijuana works.”

Earlier on Wednesday, the Vermont Legislature gave final approval to a bill that would eliminate penalties for personal marijuana possession and cultivation by adults 21 and older and establish a study commission to develop legislation to regulate and tax marijuana for adult use. If Gov. Phil Scott signs it or allows it to become law without his signature, Vermont will be the first state to make marijuana legal for adults through a legislative body.

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. Delaware is one of 22 states in which state legislatures considered bills this year to regulate marijuana for adult use.

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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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The House voted Wednesday to concur with the Senate’s version of S. 22, which would eliminate penalties for personal marijuana possession and cultivation by adults 21 and older beginning in July 2018; it would also create a study commission on regulating and taxing marijuana for adult use

MONTPELIER, Vt. — A bill that would make marijuana legal for adults in Vermont has received final approval from state legislators and is headed to the desk of Gov. Phil Scott. If he signs it or allows it to become law without his signature, Vermont would be the first state to make marijuana legal for adults via its legislative body.

The House of Representatives voted Wednesday to concur with the version of S. 22 that passed last Friday in the Senate. Beginning in July 2018, it 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. It would also create a study commission to develop legislation to regulate and tax marijuana for adult use.

“Vermont lawmakers made history today,” said Matt Simon, New England political director for the Marijuana Policy Project. “The Legislature has taken a crucial step toward ending the failed policy of marijuana prohibition. There is no rational reason to continue punishing adults for consuming a substance that is safer than alcohol.

“It’s time for Vermont to move forward with a more sensible marijuana policy,” Simon said. “The voters and the Legislature are behind it, and we hope the governor will be, too.”

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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Statements below from representatives of Veterans for Medical Cannabis Access and the Marijuana Policy Project

ALBANY, N.Y. — A bipartisan bill that would add post-traumatic stress disorder (PTSD) as a qualifying condition for New York’s medical marijuana program passed the Senate Health Committee 15-1 on Tuesday.

S 5629 is sponsored by Sen. Diane Savino (D-Staten Island) and co-sponsored by several senators, including Sen. Martin Golden (R-Brooklyn), who previously opposed medical marijuana legislation. A companion bill, A 7006, received overwhelming approval from the Assembly last week (101-6).

Several proposals to expand the medical marijuana program have passed the Assembly and failed in the Senate Health Committee, so Tuesday’scommittee vote marks a significant step toward the passage of S 5629. Patients, advocates, and other observers have criticized the program for being unnecessarily restrictive, but it has begun to expand following several recent regulatory changes, including the addition of chronic pain as a qualifying condition.

Twenty-four of the 29 states with medical marijuana programs allow patients with PTSD to qualify. In two of the states that do not, Colorado and Alaska, marijuana is legal and regulated for adults 21 and older. A bill to add PTSD to Colorado’s medical marijuana program was approved by the Legislature last month and is now awaiting the governor’s signature. Bills to add PTSD are also making their way through the legislatures in Vermont and New Hampshire.

Statement from Michael Krawitz, executive director of Veterans for Medical Cannabis Access:

“I am grateful to the Senate Health Committee for advancing this compassionate bill, and on behalf of countless veterans who could benefit, I urge the full Senate to promptly approve the bill. Veterans with PTSD should not have to choose between FDA-approved medications that carry a black box suicide warning and off-label drugs with no clinical efficacy and horrible side effects. There is another way: medical marijuana has helped veterans have a restful night’s sleep instead of night terrors, and thus experience a better quality of life.”

Statement from Kate M. Bell, legislative counsel for the Marijuana Policy Project, which is advocating on behalf of patients to add PTSD to New York law:

“We congratulate the Health Committee for passing this compassionate legislation and strongly urge the Senate to follow suit. Twenty-four states already allow PTSD patients to access medical marijuana, and three others appear to be on the verge of allowing it. There is no rational reason why New Yorkers should not also be able to access medical cannabis to treat PTSD. Patients should not have to resort to accessing marijuana in a dangerous and unregulated criminal market to get the relief they need.”

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Statement below from Heather Fazio, Texas political director for the Marijuana Policy Project

AUSTIN, Texas — The Texas House of Representatives Committee on Public Health approved a bill Friday afternoon (7-2) that would fix the state’s currently unworkable medical marijuana program and make the unnecessarily restrictive law more inclusive. The bill will now be considered by the Calendars Committee, which will decide whether it receives a full House vote.

The legislation gained significant traction after the committee heard testimony from patients, caregivers, medical professionals, and other advocates late into the evening on Tuesday. The number of representatives signed on as either joint or co-authors jumped from five to more than 70 on Wednesday.

HB 2107 would increase the number of medical conditions that qualify for the Texas Compassionate Use Program and allow patients to participate if they receive an official recommendation from their doctors. It would also improve the variety of medical marijuana available to patients. The program currently only permits patients suffering from intractable epilepsy to access specific types of medical marijuana that have been found to be ineffective for some patients. It also requires doctors to “prescribe” medical marijuana, which is not possible under federal law.

Statement from Heather Fazio, Texas political director for the Marijuana Policy Project:

“This is critical legislation that could dramatically help thousands of patients and families throughout Texas. It will make the Compassionate Use Program workable and more inclusive for patients with debilitating medical conditions. We are seeing an unprecedented level of support for medical cannabis legislation in the House of Representatives, and we hope the Calendars Committee will make it a priority to schedule a vote on this important bill. Seriously ill Texans should not have to wait another couple years for the medical cannabis program to be fixed. Lawmakers have an opportunity to do it now, and we hope they will do everything in their power to capitalize on it.“

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Texans for Responsible Marijuana Policy is a broad coalition of organizations, activists, and community leaders dedicated to realizing effective, efficient, and evidence-based marijuana policies in Texas. For more information, visit https://www.TexasMarijuanaPolicy.org.

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Senators amended a House-approved bill, S. 22, to include the language of H. 170, which the House approved earlier this week

MONTPELIER, Vt. — The Vermont Senate passed a bill on Friday that would make personal possession and cultivation of small amounts of marijuana legal for adults 21 and older beginning in July 2018.

The Senate amended an unrelated House-approved bill, S. 22, to include the language of H. 170, which the House passed earlier this week. H. 170 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. In addition to including the language of H. 170, the new Senate-approved version of S. 22 would also create a study commission to consider the regulation and taxation of marijuana for adult use.

Statement from Matt Simon, New England political director for the Marijuana Policy Project:

“You have to give the Senate credit for standing up for Vermont voters, who strongly support making marijuana legal for adults. We hope the House will do the same and concur with S. 22 as amended by the Senate. This is not just a reasonable compromise, but an important step forward for supporters of both home cultivation and regulation. The bill would eliminate penalties for adult possession and cultivation, as the House sought to do with H. 170, and create a commission to explore regulating and taxing marijuana, which the Senate clearly supports. This bill proposes a very thoughtful and deliberate approach to replacing prohibition with a more sensible marijuana policy.”

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