The omnibus spending bill passed by the House and Senate includes a provision intended to prevent the DOJ and DEA from arresting or prosecuting patients, caregivers, and businesses that are acting in compliance with state medical marijuana laws; the bill also renews the Harris Amendment, which prevents the District of Columbia from regulating marijuana for adult use

WASHINGTON, D.C. — The Justice Department will continue to be prohibited from interfering in state medical marijuana laws under the federal spending bill passed Thursday in the Senate. The bill has already passed the House, and President Trump has said he will sign it.

The legislation includes a provision that is intended to prevent the department, including the Drug Enforcement Administration, from using funds to arrest or prosecute patients, caregivers, and businesses that are acting in compliance with state medical marijuana laws.

“Congress appears to be growing increasingly comfortable with states adopting their own marijuana policies,” said Robert Capecchi, director of federal policies for the Marijuana Policy Project. “Unfortunately, spending prohibitions like these expire at the end of the fiscal year, so there is still a need for a long-term solution.

“The time is right for Congress to adopt permanent legislation that protects individuals from federal enforcement if they are in compliance with state laws,” Capecchi said. “It is difficult to understand what they’re waiting for. The vast majority of U.S. voters oppose the federal government interfering in state marijuana laws, and there is now near-universal support for legalizing medical marijuana.”

The provision stems from an amendment originally sponsored by Rep. Dana Rohrabacher (R-CA) and former Rep. Sam Farr (D-CA), which was first approved by the House in May 2014. It was approved again by a larger margin in June 2015, then included in the continuing appropriations packages that have funded the federal government since October 2016.

In April 2015, a Justice Department spokesman told the Los Angeles Times that the department did not interpret the amendment as affecting cases involving individuals or businesses, but merely “impeding the ability of states to carry out their medical marijuana laws.” In October 2015, a federal judge ruled that the department’s interpretation was inaccurate and that the provision prevents it from taking action against individuals who are acting in compliance with state laws.

“Renewing protections for state medical marijuana policies is not just good public policy, it’s good politics,” said Don Murphy, director of conservative outreach for the Marijuana Policy Project. “The Republican-controlled Congress stuck to its 10th Amendment principles. It is protecting states’ rights to adopt medical marijuana laws by protecting individuals who comply with them from federal prosecution. It should welcome the opportunity to expand that protection to individuals complying with any state marijuana law, including those regulating marijuana for adult use.”

The spending package approved Thursday also includes a provision that prevents the District of Columbia from regulating the cultivation and distribution of marijuana for adult use. It was originally introduced by Rep. Andy Harris (R-Maryland) and approved in 2015, after District voters approved a ballot initiative to make possession and cultivation of limited amounts of marijuana legal for adults 21 years of age and older.

“It is irrational to prohibit D.C. officials from establishing a regulatory system to control the cultivation and distribution of marijuana,” Capecchi said. “Marijuana is legal for adults in D.C., and it needs to be treated like other products that are legal for adults. By renewing the Harris Amendment, Congress is preventing local officials from taking steps toward improving public health and safety in our nation’s capital.”

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The bipartisan measure would eliminate penalties for personal marijuana possession and cultivation by adults 21 and older — a policy change supported by 57% of Vermont voters

MONTPELIER, Vt. — The state House of Representatives approved a bill 74-68 on its second reading Tuesday evening that would make personal possession and cultivation of small amounts of marijuana legal for adults 21 and older. If the bipartisan measure is approved at a third reading, which is expected later this week, it will advance to the Senate.

H. 170, sponsored by House Judiciary Committee Chair Maxine Grad (D-Moretown), Vice Chair Charles Conquest (D-Wells River), and ranking Republican Rep. Tom Burditt (R-West Rutland), would eliminate Vermont’s civil penalty for possessing one ounce or less of marijuana, and it would eliminate penalties for possession of up to two mature marijuana plants and up to four immature plants. Penalties for possession of more than one ounce of marijuana would also be reduced.

The Senate has already agreed with the House that personal possession and cultivation should be legal for adults. On April 21, the Senate voted 21-9 to amend a House-passed bill (H. 167) to include language of a comprehensive legalization and regulation bill. That bill, which passed the Senate, mirrors the personal possession and cultivation provisions of H.170. The original House version would not take effect until January 2019, whereas the Senate-amended bill would take effect on July 1, 2017

“We applaud the House for approving this commonsense legislation and hope their colleagues in the Senate will agree that it’s time to move forward with this important reform,” said Matt Simon, New England political director for the Marijuana Policy Project. “Most Vermonters support this bill, in part because they know that marijuana is objectively less harmful than alcohol, and it’s time to start treating it that way.”

A substantial majority of Vermont voters are in favor of the policy change proposed in H. 170, according to a statewide poll released at the end of March. Fifty-seven percent said they support allowing adults 21 and older to possess and grow limited amounts of marijuana. Only 39% are opposed. The Public Policy Polling survey of 755 Vermont voters was conducted March 20-21 and has a margin of error of plus or minus 3.6%. The results are available at https://www.mpp.org/VTpoll.

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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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HB 640 would reduce the penalty for simple marijuana possession from a criminal misdemeanor to a civil violation; a full Senate vote is expected next week

CONCORD, N.H. — The state Senate Judiciary Committee approved an amended version of HB 640 on Tuesday (3-2), bringing New Hampshire another step closer to becoming the final state in New England to decriminalize marijuana possession. The bill will now be considered by the full Senate and is expected to receive a vote on May 11.

The House overwhelmingly approved HB 640 in February in a 318-36 vote, and it has approved similar bills eight times since 2008. The Senate Judiciary Committee vote marks the first time such a bill has been approved by a Senate committee. Gov. Chris Sununu has consistently said he supports decriminalizing possession of small amounts of marijuana and is expected to sign the bill if it is approved by the full Senate.

“This is a big step toward a more sensible marijuana policy in New Hampshire,” said Matt Simon, the Manchester-based New England political director for the Marijuana Policy Project. “It will allow police and the courts to spend their time addressing serious crimes instead of wasting it on pointless arrests and criminal prosecutions for marijuana possession.”

HB 640, which was originally introduced in the House by Rep. Renny Cushing and a bipartisan group of co-sponsors, would remove the threat of arrest and jail time for simple marijuana possession. As amended by the Senate, the penalty for possession of up to three-quarters of an ounce of marijuana would be reduced from a criminal misdemeanor, which is 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 offensewithin three years of the first offense. A fourth offense within three years of the first offense could be charged as a class B misdemeanor without arrest or the possibility of jail time.

“The current penalties for marijuana possession in New Hampshire are causing more harm to consumers and the community than marijuana itself,” Simon said. “Every other state in New England has already stopped criminalizing people for simple marijuana possession. Granite Staters are ready to do the same.”

More than seven out of 10 Granite Staters (72%) would like to see the Legislature decriminalize or legalize marijuana, according to a WMUR Granite State Poll conducted by the University of New Hampshire Survey Center in July 2016.

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Statement below from Matt Simon of the Marijuana Policy Project

MONTPELIER, Vt. — The Vermont Senate approved a bill on Friday that would regulate the production and sale of marijuana and eliminate penalties for personal possession and cultivation by adults 21 and older.

The Senate amended H. 167, an unrelated House-approved bill, to replace it with a revised version of a marijuana regulation bill that passed last year in the Senate and failed in the House. The Senate also amended H. 167 to include the same home cultivation provision that is included in H. 170, a bill that has been making its way through the House. 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. The Senate proposal would allow unlimited small-scale cultivation licenses for producers no larger than 500 sq feet. The marijuana regulation bill that failed in the House last year, S. 241, did not include a home cultivation provision.

The Senate-amended version of H. 167 will receive one final vote before being sent back to the House for consideration.

Most Vermont voters are in favor of the policy changes proposed in H. 167 and H. 170, according to a survey conducted March 20-21 by Public Policy Polling. Fifty-seven percent support allowing adults 21 and older to possess and grow limited amounts of marijuana, and 54% support regulating and taxing marijuana similarly to alcohol. The results are available at https://www.mpp.org/VTpoll.

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

“Most Vermonters think marijuana should be made legal for adults, and they’re looking to lawmakers to come up with a plan. We applaud the Senate for approving a thoughtful alternative to marijuana prohibition that would account for public health and improve public safety. We would love to see the House step up and join the Senate in supporting this sensible reform. If the House isn’t willing to support the Senate’s proposal, it at least needs to support its own Judiciary Committee’s plan and pass H. 170.”

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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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Six states have adopted comprehensive medical marijuana laws in the past 12 months, including three through Republican-controlled legislatures; the other three were approved by voters in states won by Donald Trump

CHARLESTON, W. Va. — Gov. Jim Justice signed SB 386 into law on Wednesday, making West Virginia the 29th state in the nation to enact legislation allowing seriously ill patients to access medical marijuana if their doctors recommend it.

SB 386, titled the West Virginia Medical Cannabis Act, was introduced by Sen. Richard Ojeda (D-Logan) and substantially amended in the House before receiving final legislative approval on April 6. It charges the Bureau of Public Health with regulating medical marijuana growers, processors, and dispensaries. Patients with specifically listed qualifying medical conditions will be allowed to use extracts, tinctures, and other preparations of marijuana, but not marijuana in flower or leaf form. A summary of the bill is available at http://bit.ly/2nbUAq3.

“This legislation is going to benefit countless West Virginia patients and families for years to come,” said Matt Simon of the Marijuana Policy Project, who is a West Virginia native and graduate of West Virginia University. “Medical marijuana can be effective in treating a variety of debilitating conditions and symptoms. It is a proven pain reliever, and it is far less toxic and less addictive than a lot of prescription drugs. Providing patients with a safer alternative to opioids could turn out to be a godsend for this state.”

Six states have adopted comprehensive medical marijuana laws in the past 12 months. Three of those laws, including West Virginia’s, passed through Republican-controlled legislatures. Lawmakers in Pennsylvania and Ohio approved them last April and June, respectively. The other three were approved by voters in November in states won by Donald Trump — Arkansas, Florida, and North Dakota.

“Intensifying public support and a growing body of evidence are driving the rapid growth in the number of states adopting medical marijuana laws,” Simon said. “Lawmakers are also learning about marijuana’s medical benefits from friends, family members, and constituents who have experienced them firsthand in other states. More than nine out of 10 American voters think marijuana should be legal for medical purposes. In light of this near universal support, it is shocking that some legislatures still have not adopted effective medical marijuana laws.”

A February 2017 Quinnipiac University Poll found 93% of U.S. voters think marijuana should be legal for medical purposes.

Effective medical marijuana laws have now been enacted in 29 states, the District of Columbia, and the U.S. territories of Guam and Puerto Rico. An additional 18 states have adopted medical marijuana laws that are ineffective because they are either unworkable or exceptionally restrictive. Only three states — Idaho, Indiana, and Kansas — have not approved any form of medical marijuana law.

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General Assembly Schedules First Hearing on Proposal to Regulate Marijuana for Adult Use; Coalition of Citizens, Community Leaders, and Organizations Mobilizes in Support of Ending Marijuana Prohibition in Illinois

The Coalition for a Safer Illinois will advocate for SB 316 and HB 2353, which will receive a joint hearing from the Senate and House Appropriations committees on Wednesday, April 19, in the Bilandic Building

CHICAGO — Sponsors of a proposal to regulate and tax marijuana for adult use in Illinois announced Wednesday that lawmakers will hold the first hearing on the bill next week in Chicago.

The Senate and House Appropriations committees will hold a joint hearing on SB 316 and HB 2353 on Wednesday, April 19, in the Michael A. Bilandic Building, according to Senate Committee Chairwoman Heather Steans (D-Chicago) and Rep. Kelly Cassidy (D-Chicago).

“Illinois’ marijuana policy is like an old car that the General Assembly has kept on the road these past few years by adding a new part and patching up some old ones,” Steans said. “The time has come to start discussing our options for replacing it with a newer model — something more modern and cost-effective with improved safety features.”

The lawmakers announced the details of the hearing during a news conference in the James R. Thompson Center. The event served as the formal launch of the Coalition for a Safer Illinois, which will mobilize support for ending marijuana prohibition in the state and advocate for SB 316 and HB 2353.

“Marijuana prohibition poses more potential harm to citizens and our community than marijuana itself,” said Rev. Alexander Sharp of Chicago, a spokesman for the coalition and executive director of Clergy for a New Drug Policy (CNDP). “It is forcing marijuana into a dangerous underground market where consumers may encounter violence, contaminated products, and other illegal drugs. Ending prohibition and regulating marijuana for adult use would make Illinois safer.”

The Coalition for a Safer Illinois is made up of citizens, community leaders, and local and national organizations includes CNDP, the ACLU of Illinois, Doctors for Cannabis Regulation, Law Enforcement Action Partnership, the Marijuana Policy Project (MPP), and the Illinois chapter of the National Organization for the Reform of Marijuana Laws (NORML). More information about the coalition is available at https://www.SaferIllinois.org.

“Most Americans recognize that marijuana is less harmful than alcohol, and a lot of lawmakers are just starting to come to grips with that fact,” said MPP Legislative Counsel Chris Lindsey. “Issuing marijuana possession citations to thousands of adults is not really making anyone safer. But what if law enforcement officials used all that time to address serious crimes instead? It could really make a difference.”

SB 316 and HB 2353 would make it legal for adults 21 and older to possess, grow, and purchase limited amounts of marijuana. The state would license and regulate businesses to cultivate, process, test, and sell marijuana to adults, and it would create and enforce strict health and safety regulations, such as testing and labeling requirements and restrictions on marketing.

“We have a great opportunity to examine how these laws are working in other states and develop a system that will work best for Illinois,” Cassidy said. “There has been a lot of discussion about the tax revenue and other potential economic benefits. We also need to consider the potential public health and safety benefits of removing marijuana from the criminal market and actually controlling production and sales.”

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The Coalition for a Safer Illinois is a coalition of citizens, community leaders, and local and national organizations that support ending marijuana prohibition in Illinois and replacing it with a system in which marijuana is regulated and taxed similarly to alcohol. For more information, visit https://www.SaferIllinois.org.

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WASHINGTON — The Marijuana Policy Project has issued the statement below in response to reports that Congressman Tom Marino (R-PA) will be named the next director of the White House Office of National Drug Control Policy (ONDCP), also known as the “drug czar.”

As a member of Congress, Marino has consistently voted against marijuana policy reform legislation.

Statement from Robert Capecchi, director of federal policies for the Marijuana Policy Project:

“We are disappointed but not at all surprised to hear a marijuana prohibitionist is being selected as the next drug czar. After all, whoever fills the position is required by law to oppose any attempts to legalize the use of marijuana for any purpose.

“Despite a steady stream of anti-marijuana drug czars over the past several decades, 28 states have legalized marijuana for medical use and eight states have enacted laws regulating it for adult use. We expect that trend to continue regardless of who the next drug czar is.

“President Trump repeatedly said he believes states should be able to determine their own marijuana policies, and the vast majority of Americans agree. We remain hopeful that the administration will respect state marijuana laws. It is also critical that Congress take action to ease the tension that exists between state and federal marijuana laws.”

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Gov. Jim Justice is expected to sign SB 386 into law, making West Virginia the 29th state to adopt an effective medical marijuana law

CHARLESTON, W. Va. — A medical marijuana bill received final approval in the West Virginia Legislature on Thursday and is headed to the desk of Gov. Jim Justice. He has publicly expressed support for legal access to medical marijuana and is expected to sign the bill into law, making West Virginia the 29th state to adopt an effective medical marijuana law.

SB 386, introduced by Sen. Richard Ojeda (D-Logan), received initial approval from the Senate last week (28-6). The House substantially amended the bill before approving it on Tuesday (76-24). The Senate passed the new version on concurrence Wednesday afternoon (28-6), along with some minor amendments, and the House signed off on the final version Thursday (74-24).

“Some of the House amendments to the bill are concerning, but it still has the potential to provide relief to thousands of seriously ill WestVirginians,” said Matt Simon of the Marijuana Policy Project (MPP), who is a West Virginia native and graduate of West Virginia University. “We commend the Legislature for passing this compassionate and much-needed legislation, and we encourage Gov. Justice to sign it into law.

“This will be an important and, in some cases, life-saving program,” Simon said. “It is critical that the state implement it promptly. We are committed to working with officials to make sure the program is as effective as possible and to get it up and running in a timely fashion. Many patients cannot afford to wait much longer.”

SB 386, titled the West Virginia Medical Cannabis Act, charges the Bureau of Public Health with regulating medical marijuana growers, processors, and dispensaries. Patients with specifically listed qualifying medical conditions will be allowed to use extracts, tinctures, and other preparations of marijuana, but not marijuana in flower or leaf form. This differs from the original version of the bill and the medical marijuana programs in most other states. A summary of SB 386 is available at http://bit.ly/2nbUAq3.

“There is nearly universal support for legalizing medical marijuana in the U.S., and it spans the political spectrum,” Simon said. “This is the third state in a row to pass a medical marijuana bill through a Republican-controlled House and Senate. Hopefully, this is a trend that will continue with some other states and at the federal level.”

A February 2017 Quinnipiac University Poll found 93% of U.S. voters think marijuana should be legal for medical purposes. Twenty-eight states, the District of Columbia, and the U.S. territories of Guam and Puerto Rico have enacted effective medical marijuana laws, and 18 states have adopted medical marijuana laws that are ineffective because they are either unworkable or exceptionally restrictive. Once S.B. 386 is signed into law, only three states in the nation — Idaho, Indiana, and Kansas — will lack any form of medical marijuana law.

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SB 386 passed 76-24 on third reading Tuesday; the Senate approved an earlier version of the bill, which would allow patients with certain debilitating conditions to access medical marijuana if their doctors recommend it

CHARLESTON, W. Va. — A bill that would allow patients with certain debilitating conditions to access medical marijuana if their doctors recommend it was approved by the West Virginia House of Delegates on Tuesday. SB 386 passed 76-24 on third reading after being revised on second reading.

“The Legislature has answered the prayers of many seriously ill West Virginians and their families,” said Matt Simon of the Marijuana Policy Project, who is a West Virginia native and graduate of West Virginia University. “This could be life-saving legislation for some patients. We commend House members for working diligently to make sure it passes this year, but we urge the Legislature to continue efforts to make sure the program truly works for the seriously ill and to ensure it does not unnecessarily drive up costs.”

SB 386 was originally introduced by Sen. Richard Ojeda (D-Logan) in the Senate, where it was approved 28-6 last week. The House version of the bill, which is titled the West Virginia Medical Cannabis Act, would charge the Bureau of Public Health with regulating medical marijuana growers, processors, and dispensaries, while the Senate version would set up a 16-member independent commission. Under the amended House bill, patients with specifically listed qualifying medical conditions could use extracts, tinctures, and other preparations of marijuana, but not marijuana in flower or leaf form. This differs from the Senate version of the bill and most of the other state medical marijuana programs.

Twenty-eight states and the District of Columbia have enacted effective medical marijuana laws, and 18 states have adopted medical marijuana laws that are ineffective because they are either unworkable or exceptionally restrictive. West Virginia is one of only four states in the nation that has not adopted any form of medical marijuana law.

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