Statement From the Marijuana Policy Project Regarding the DEA’s Refusal to Reclassify Marijuana

The agency will increase the supply of marijuana available for research, but will continue to classify the substance under Schedule I — which is reserved for drugs with ‘no currently accepted medical use and a high potential for abuse’ — despite widespread recognition that marijuana has significant medical benefits and poses less potential harm than alcohol and many prescription drugs

WASHINGTON — According to news reports, the Drug Enforcement Administration (DEA) will announce Thursday that it will take steps to increase the supply of marijuana available for research purposes, but it will not remove marijuana from Schedule I — a classification reserved for drugs with “no currently accepted medical use and a high potential for abuse.”

Forty-two states, the District of Columbia, and the U.S. territories of Puerto Rico and Guam have adopted laws recognizing marijuana’s medical value. A variety of prominent national and state organizations have also formally recognized the medical benefits of marijuana, including the National Academy of Sciences Institute of Medicine, the American Public Health Association, the American College of Physicians, the American Nurses Association, the American Academy of HIV Medicine, the Leukemia and Lymphoma Society, the Epilepsy Foundation, the British Medical Association, the California Medical Association, and the Texas Medical Association, among many others.

Government reports, research organizations, and studies published in medical and scientific journals have consistently concluded that marijuana is less addictive and less harmful to the body than alcohol. For example, according to a White House-commissioned report released in 1999 by the National Academy of Sciences Institute of Medicine: “[A]lthough [some] marijuana users develop dependence, they appear to be less likely to do so than users of other drugs (including alcohol and nicotine), and marijuana dependence appears to be less severe than dependence on other drugs.”

Statement from Marijuana Policy Project spokesperson Mason Tvert:

“The DEA’s refusal to remove marijuana from Schedule I is, quite frankly, mind-boggling. It is intellectually dishonest and completely indefensible. Not everyone agrees marijuana should be legal, but few will deny that it is less harmful than alcohol and many prescription drugs. It is less toxic, less addictive, and less damaging to the body.

“We are pleased the DEA is finally going to end NIDA’s monopoly on the cultivation of marijuana for research purposes. For decades it has been preventing researchers from exploring the medical benefits of marijuana. It has also stood in the way of any scientific inquiries that might contradict the DEA's exaggerated claims about the potential harms of marijuana or raise questions about its classification under Schedule I.

“The DEA’s announcement is a little sweet but mostly bitter. Praising them for it would be like rewarding a student who failed an exam and agreed to cheat less on the next one. Removing barriers to research is a step forward, but the decision does not go nearly far enough. Marijuana should be completely removed from the CSA drug schedules and regulated similarly to alcohol.”

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Gov. Bruce Rauner Signs Illinois Marijuana Decriminalization Bill Into Law

Illinois is now the 21st state in the nation to remove the threat of jail time for simple marijuana possession; possession of a personal amount is now considered a civil violation punishable by a fine of $100-$200, similar to a traffic ticket 

* Statement below from the Marijuana Policy Project, which lobbied in support of the bill *

SPRINGFIELD, Ill. — Gov. Bruce Rauner signed a bill into law Friday that removes criminal penalties for possession of a personal amount of marijuana and replaces them with a civil fine. The new law is effective immediately.

SB 2228, introduced by Sen. Heather Steans (D-Chicago), makes possession of up to 10 grams of marijuana a civil violation punishable by a fine of $100-$200. With its enactment, adults no longer face time in jail, and the civil offense will be automatically expunged in order to prevent a permanent criminal record. The new law largely mirrors legislation introduced in the House by Rep. Kelly Cassidy, who also sponsored this year’s bill, and reflects amendments Gov. Bruce Rauner proposed when he vetoed a similar bill last year.

Previously in Illinois, possession of up to 2.5 grams of marijuana was a class C misdemeanor punishable by up to 30 days in jail and/or a fine of up to $1,500; possession of 2.5-10 grams was a class B misdemeanor punishable by up to six months in jail and/or a fine of up to $1,500. More than 100 Illinois communities had already removed local criminal penalties for simple marijuana possession.

Illinois is now the 21st state in the nation, in addition to the District of Columbia, to remove the threat of jail time for simple marijuana possession.

Statement from Chris Lindsey, senior legislative counsel for the Marijuana Policy Project, which lobbied in support of the bill:

“We applaud Gov. Rauner and the legislature for replacing Illinois’s needlessly draconian marijuana possession law with a much more sensible policy. This commonsense legislation will prevent countless citizens from having their lives turned upside down by a marijuana possession arrest.

“Nobody should face a lifelong criminal record and potential jail time for possessing a substance that is safer than alcohol. Serious criminal penalties should be reserved for people who commit serious crimes, not low-level marijuana offenses.”

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Colorado Officials Release New Survey Data Showing Teen Marijuana Use Has NOT Increased Since Marijuana Became Legal for Adults; Rate of Use Among Colorado High School Students is LOWER Than National Average 

The rate of marijuana use among Colorado high school students was slightly lower in 2015 than in 2011, the year before Amendment 64 was enacted, according to what state officials call the ‘only comprehensive survey on the health, well-being and resiliency of young people in Colorado’

DENVER — Rates of marijuana use among Colorado teens have NOT increased since the state made marijuana legal for adults, according to results of a statewide survey released Monday by the Colorado Department of Public Health and Environment (CDPHE). Rates of current and lifetime marijuana use among Colorado teens also continue to be lower than the national average.

“The survey shows marijuana use has not increased since legalization,” according to a CDPHE press release.

The biannual Healthy Kids Colorado Survey (HKCS) found that 21.2% of high school students in Colorado reported using marijuana within the past 30 days in 2015, down slightly from 22% in 2011, the year before Amendment 64 was approved and enacted, and 24.8% in 2009, the year hundreds of medical marijuana stores began opening throughout the state. The HKCS also found that the rate of lifetime use among Colorado high school students dropped from 42.6% in 2009 to 38% in 2015. The decreases do not represent statistically significant changes, and the state agencies that support the survey have reported, “The trend for current and lifetime marijuana use has remained stable since 2005.”

Nationwide, 21.7% of high school students used marijuana in the past 30 days and 38.6% had used it during their life, according to results of the 2015 High School Youth Risk Behavior Survey (YRBS) released earlier this month by the U.S. Centers for Disease Control and Prevention. The executive summary for the 2015 HKCS notes, “Colorado does not significantly differ from the national average in lifetime or current marijuana use.”

The HKCS also found a slight drop in the percentage of Colorado high school students who reported using marijuana at school (from 6% in 2011 to 4.4% in 2015), and a very slight increase in the percentage of students who believe it is wrong for someone their age to use marijuana (from 60% in 2011 to 60.6% in 2015).

The HKCS is “the state’s only comprehensive survey on the health, well-being and resiliency of young people in Colorado,” according to the CDPHE.

Statement from Mason Tvert, the Denver-based director of communications for the Marijuana Policy Project who co-directed the 2012 campaign in support of the initiative regulate marijuana like alcohol in Colorado:

“These statistics clearly debunk the theory that making marijuana legal for adults will result in more teen use. Levels of teen use in Colorado have not increased since it ended marijuana prohibition, and they are lower than the national average. Elected officials and voters in states that are considering similar proposals should be wary of claims that it will hurt teens.

“Colorado is proving that you do not need to arrest thousands of responsible adult marijuana consumers in order to prevent consumption by teens. State and local officials now have more control than ever over who is selling marijuana, and there are strict rules in place to prevent sales to minors. Regulation is working.”

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U.S. Senate Appropriations Committee Approves Measure That Would Allow Banks and Other Financial Institutions to Provide Services to State-Legal Marijuana Businesses

Appropriations amendment approved with bipartisan support is intended to improve public safety by reducing the number of marijuana businesses that must operate entirely in cash because they are being denied access to banking and financial services 

WASHINGTON — The U.S. Senate Appropriations Committee on Thursday approved an amendment to the Financial Services and General Government Appropriations bill that is intended to ease access to banking and other financial services for state-legal marijuana businesses.

The amendment, authored by Sen. Jeff Merkley (D-OR), would prevent the spending of funds to prohibit or penalize banks and other financial institutions for providing services to state-legal marijuana businesses. Currently, many banks are unwilling to open accounts for marijuana businesses because they fear federal penalties, which has resulted in many of those businesses operating on a cash-only basis.

“More than half of the U.S. population lives in jurisdictions where marijuana is legal for adult or medical use,” said Robert Capecchi, director of federal policies for the Marijuana Policy Project. “Millions of marijuana consumers are relying on licensed and regulated businesses to provide them with safe and legal access to marijuana.

“Current federal policy all but ensures marijuana businesses operate on a cash-only basis, which raises safety concerns for their employees and the surrounding communities,” Capecchi said. “This measure should ease financial institutions’ concerns about opening accounts for these state-legal businesses.”

In order to become law, the full Senate must approve the appropriations bill, the House must adopt similar language in its Financial Services and General Government Appropriations bill, and the president must sign it. The Senate Appropriations Committee approved a similar amendment last year, but it was not included in the final spending bill.

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Federal Government Survey Once Again Dispels Myth That Rolling Back Marijuana Prohibition Laws Will Lead to an Increase in Teen Marijuana Use

The CDC reports the rate of current marijuana use among U.S. high school students dipped from 2013 to 2015 as states throughout the country continued to reform marijuana laws; on average, significantly fewer students used marijuana in 2015 — a year in which marijuana was legal for adult use in four states and medical use in more than 20 states — than in 1997, the year in which the first state medical marijuana law was implemented

WASHINGTON — The results of a federal survey released Thursday by the U.S. Centers for Disease Control once again dispel the myth that rolling back marijuana prohibition laws will lead to an increase in teen marijuana use.

According to the biennial National Youth Risk Behavior Survey (YRBS), 21.7% of U.S. high school students reported using marijuana in the past 30 days, down from 23.4% in 2013 and 26.2% in 1997, the year California implemented the first state medical marijuana law. From 1996-2015, four states and D.C. adopted laws making marijuana legal for adult use and 23 states adopted laws making marijuana legal for medical use.

The 2015 YRBS results are available online at http://1.usa.gov/1ZBzSbU.

“These survey results once again dispel the myth that more teens will use marijuana if we roll back our failed marijuana prohibition policies,” said Mason Tvert, director of communications for the Marijuana Policy Project. “From Alaska to Illinois to Maryland, states are rethinking and reforming their marijuana laws. In every one of those states we’ve heard opponents argue that it will result in increased teen use, but those concerns have proven to be unfounded.”

The YRBS found that the rate of current use by high school students in Alaska, which adopted a law making marijuana legal for adults in 2014, dipped slightly from 19.7% in 2013 to 19.0% in 2015. Colorado, which made marijuana legal for adults in 2012, did not participate in the survey this year or in 2013. Washington and Oregon, which made marijuana legal for adults in 2012 and 2014, respectively, have never participated in the YRBS.

Initiatives to legalize and regulate marijuana for adult use are expected to appear on state ballots this November in Arizona, California, Maine, Massachusetts, and Nevada. Florida is set to vote on an initiative to legalize and regulate marijuana for medical use, and similar measures are likely to appear on ballots in Arkansas and Missouri.

“Voters and legislators who are considering proposals to repeal marijuana prohibition should be wary of opponents who claim it will result in more use by teens,” Tvert said. “The evidence suggests otherwise.”

The latest YRBS results once again suggest that regulating marijuana could be more effective at preventing teen marijuana use than current prohibition policies. According to the CDC’s findings, the percentages of high school students who currently use alcohol and cigarettes — products that are legal for adults and regulated in all 50 states — have significantly and steadily declined over the past two decades, whereas the rate of marijuana use has remained relatively consistent. The rate of current alcohol and cigarette use by high school students dropped from 51.6% and 34.8% in 1995, respectively, to 32.8% and 10.8% in 2015.

“Our nation has dramatically reduced rates of teen drinking and smoking over the past two decades by regulating alcohol and cigarettes,” Tvert said. “We would likely see similar results if we regulated marijuana in a similar fashion. We did not have to arrest hundreds of thousands of responsible adult alcohol consumers each year in order to reduce levels of teen drinking. So why is most of the country still taking that approach when it comes to preventing teen marijuana use?”

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Marijuana Policy Project Launches Updated Presidential Candidate Voter Guide for the General Election, Adds Third-party Candidates

Former New Mexico Gov. Gary Johnson, who was nominated Sundayby the Libertarian Party, and physician Jill Stein, the presumptive Green Party nominee, both received ‘A+’ grades, rounding out the ‘most marijuana-friendly field of presidential candidates in history’

WASHINGTON — On Tuesday, the nation’s largest marijuana policy organization, the Marijuana Policy Project (MPP), launched an updated presidential candidate voter guide for the general election, which now includes third-party candidates. The guide is available online at https://www.mpp.org/president.

Former New Mexico Gov. Gary Johnson, who was nominated Sunday by the Libertarian Party, and physician Jill Stein, the presumptive Green Party nominee, both received “A+” grades. Presumptive Republican nominee Donald Trump received a “C+,” and the two remaining Democratic candidates, Hillary Clinton and Bernie Sanders, received a “B” and an “A,” respectively.

“This is the most marijuana-friendly field of presidential candidates in history,” said Robert Capecchi, MPP director of federal policies. “All of the candidates support legal access to medical marijuana, and most of them support making it legal for adults and regulating it like alcohol. Even the least friendly candidate agrees that states should be able to able to determine their own marijuana laws without federal interference.”

Johnson has openly discussed his use of medical marijuana, and he served as CEO of a medical marijuana business prior to stepping down to run for president. Stein has cited her medical background when discussing marijuana and highlighted its relative safety compared to alcohol and tobacco.

“Gov. Johnson and Dr. Stein are both exceptionally sensible on this issue,” Capecchi said. “They both have backgrounds that provide them with more insight into the subject than their counterparts in the major parties.”

MPP graded the candidates based on actions they have taken and statements they have made that indicate their levels of support for ending marijuana prohibition, allowing legal access to medical marijuana, and defending states’ rights to adopt their own marijuana policies without interference from the federal government. The guide only includes candidates who will appear on enough state ballots to win the Electoral College vote.

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Gov. Edwards Signs Medical Marijuana Bill 

SB 271 will help to establish a workable medical marijuana program in Louisiana and expands list of qualifying medical conditions; advocates urge further legislative reforms

BATON ROUGE, La. — Louisiana Gov. John Bel Edwards approved a medical marijuana bill on Thursday that brings the state one step closer to creating a workable medical marijuana law.

SB 271 replaces language in the current law that allows doctors to “prescribe” medical marijuana, which is illegal under federal law, with language that allows them to “recommend” it. It also removes glaucoma from the existing list of qualifying medical conditions, which includes spastic quadriplegia and symptoms from chemotherapy, and adds cachexia (or wasting syndrome), Crohn's disease, multiple sclerosis, muscular dystrophy, seizure disorders, severe spasms, and spasticity. Under SB 271, medical marijuana would be produced by a single cultivator and distributed to qualifying patients by up to 10 pharmacies.

“Seriously ill Louisianans are grateful to Gov. Edwards and the legislature for their efforts to fix our unworkable medical marijuana law,” said David Brown, president of Sensible Marijuana Policy for Louisiana. “SB 271 brings us closer to providing relief to the suffering of our most vulnerable residents. We hope that they will continue that work by approving SB 180 to ensure that medical marijuana patients and providers are protected from criminal sanctions. Patients shouldn’t be treated like criminals for using the medicine that works best for them.”

SB 180 — which already passed the Senate — would provide legal protections for patients whose doctors recommend medical cannabis. It would need to be amended to add legal protections for pharmacies dispensing medical cannabis, the single cultivator, and their staff. It is currently being considered in the House.

Last month, Pennsylvania became the 24th state in the nation to adopt an effective medical marijuana law (in addition to the District of Columbia). More than half of the U.S. population resides in states that allow patients to access medical marijuana if their doctors recommend it.

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U.S. House Approves Measure That Would Allow VA Physicians to Recommend Medical Marijuana to Veterans

The bipartisan appropriations amendment is intended to ease access to medical marijuana for veterans suffering from post-traumatic stress disorder, serious injuries, and other debilitating conditions

WASHINGTON — The U.S. House of Representatives on Thursday approved an amendment to the Military Construction and Veterans Affairs Appropriations bill that is intended to ease access to medical marijuana for veterans suffering from post-traumatic stress disorder, serious injuries, and other debilitating conditions. The Senate Appropriations Committee approved a similar amendment to its version of the bill last month.

The amendment, authored by Reps. Earl Blumenauer (D-OR) and Joe Heck (R-NV), would prohibit the spending of funds on enforcement of a Veterans Health Administration directive that prohibits VA physicians from recommending medical marijuana to their patients, even in states that have made it legal.

“Prohibiting VA doctors from recommending medical marijuana does nothing to help our veterans,” said Robert Capecchi, director of federal policies for the Marijuana Policy Project. “Current VA policy is preventing physicians from thoroughly monitoring patients’ medication decisions and engaging in frank conversations about available treatment options. It dramatically undermines the doctor-patient relationship.”

If enacted, VA physicians would no longer face penalties for discussing medical marijuana with their patients or completing the paperwork patients must submit in order to participate in state medical marijuana programs. Currently, veterans in states with medical marijuana laws must find a doctor outside of the VA system to discuss medical marijuana as a treatment option and provide the requisite documentation.

“This measure removes unnecessary barriers to medical marijuana access for the men and women who have volunteered to serve in our armed forces,” Capecchi said. “It will save veterans time and money, and it will allow them to have more open and honest discussions with their primary care providers.”

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Illinois House Approves Bill to Remove Criminal Penalties for Marijuana Possession

SB 2228, which includes provisions agreed upon by Gov. Bruce Rauner and lawmakers, would replace potential jail time with a civil fine for possession of a personal amount of marijuana 

CHICAGO, Ill. — The Illinois House approved a bill 64-50 on Wednesday that would replace criminal penalties with a civil fine for possession of a personal amount of marijuana. It will now go to Gov. Bruce Rauner for approval.

SB 2228, introduced by Sen. Heather Steans (D-Chicago), would make possession of up to 10 grams of marijuana a civil violation punishable by a fine of $100-$200. Adults would no longer face time in jail, and the civil offense would be automatically expunged in order to prevent a permanent criminal record. The proposal largely mirrors legislation introduced in the House by Rep. Kelly Cassidy and reflects amendments Gov. Bruce Rauner proposed when he vetoed a similar bill last year.

“Illinois is long overdue for creating marijuana policies that treat our residents more fairly and free law enforcement up for more serious crime,” said Rep. Kelly Cassidy, who sponsored the bill in the House. “We should not spend our resources arresting and jailing people just for the possession of a small amount of marijuana. This bill is an important step, and I am happy to be a part of this change in policy.”

Under current Illinois law, possession of up to 2.5 grams of marijuana is a class C misdemeanor punishable by up to 30 days in jail and/or a fine of up to $1,500; possession of 2.5-10 grams is a class B misdemeanor punishable by up to six months in jail and/or a fine of up to $1,500; and possession of more than 10 grams and up to 30 grams is a class 4 felony punishable by up to one year in jail and/or a $1,500 fine. More than 100 Illinois communities have already removed criminal penalties for simple marijuana possession.

“Marijuana consumers should not have their lives ruined simply for possessing a substance that is objectively safer than alcohol,” said Chris Lindsey, a senior legislative analyst for the Marijuana Policy Project. “The damage done to individuals when they get criminal records, and the resources spent arresting and prosecuting them, are impossible to justify. It is time we started treating marijuana more sensibly, and this bill does that.”

Twenty states and the District of Columbia have removed the threat of jail time for simple marijuana possession. Beyond Illinois, legislation to do so was introduced in 14 other states this year.

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Louisiana Medical Marijuana Bill Approved by House, Returns to Senate for Concurrence 

Gov. Edwards has indicated he would sign the bill, which would make Louisiana the 25th state in the nation — and the first state in the South — to adopt a workable medical marijuana law

BATON ROUGE, La. — The Louisiana House of Representatives approved a bill on Wednesday (62-31) that would make the state the 25th in the nation — and the first in the South — to adopt a workable medical marijuana law. The measure has already been approved by the Senate, but will return for a concurrence vote before being sent to Gov. John Bel Edwards, who has indicated he would sign it.

“We commend House members for approving this sensible and compassionate legislation,” said David Brown, president of Sensible Marijuana Policy for Louisiana. “We hope the Senate will quickly concur. Many patients have been waiting a long time for this, and some can’t wait much longer.”

SB 271 — coupled with SB 180 — would establish a viable medical marijuana program in Louisiana by amending an unworkable medical marijuana law that is already on the books. Specifically, it would replace language in the current law that allows doctors to “prescribe” medical marijuana, which is illegal under federal law, with language that allows them to “recommend” it. SB 180 — which already passed the Senate — would provide legal protections for patients whose doctors recommend medical cannabis.

SB 271 would also remove glaucoma from the existing list of qualifying medical conditions, which also includes spastic quadriplegia and symptoms from chemotherapy, and add cachexia (or wasting syndrome), Crohn's disease, multiple sclerosis, muscular dystrophy, seizure disorders, severe spasms, and spasticity. Under SB 271, medical marijuana would be produced by a single cultivator and distributed to qualifying patients by up to 10 pharmacies.

“Legal access to medical marijuana could dramatically improve my son’s life and the lives of countless other Louisiana patients,” said Katie Corkern of Amite. She and her son, Connor, who suffers from a seizure disorder, are featured on billboards that were launchedTuesday in Baton Rouge and Shreveport that read, “Medical marijuana would help my child. Will our legislators?” An image of the billboard is available at http://bit.ly/1OjKbLp.

“Our family should not have to relocate to another state in order to access this potentially life-saving medical treatment,” Corkern said. “We are praying that the Senate will concur with the House bill so Gov. Edwards can sign it into law as soon as possible.”

Last month, Pennsylvania became the 24th state in the nation to adopt an effective medical marijuana law (in addition to the District of Columbia). More than half of the U.S. population resides in states that allow patients to access medical marijuana if their doctors recommend it.

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