What a week it has been! With our 4/20 Online Day of Action, we have blown past the goals we had set and have now driven over 35,000 messages to Congress on HR 1227, the Ending Federal Marijuana Prohibition Act of 2017. If you have not yet, do so RIGHT NOW by clicking here.
This last week, West Virginia Governor Jim Justice (D) signed into law the West Virginia Medical Cannabis Act — a state-sponsored program that will permit qualified patients to obtain medical cannabis from licensed dispensaries. With the addition of WV, the United States will soon have 30 medical marijuana programs throughout the country.
With the current Federal budget set to expire at the end of next week, it is imperative that Congress reauthorize the Rohrabacher-Farr amendment, which protects those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. Send a message to your members of Congress now to protect patients.
Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.
Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.
Thanks for all you do and keep fighting,
Protect Patients: Since 2014, members of Congress have passed annual spending bills that have included a provision protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. The amendment, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”
In December, Congress re-authorized the amendment as part of a short term spending package, House Resolution 2028. This bill extends federal funding through April 28, 2017, at which time the measure — and the Rohrabacher-Farr Amendment — will expire.
Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.
On November 8th, more than 71 percent of Florida voters decided in favor of the constitutional amendment, Amendment 2, to allow for the licensed production, use, and dispensing of medical cannabis to patients with a doctor’s recommendation. However, state politicians are contemplating legislative efforts to amend the law in a manner that violates both its spirit and intent.
Iowa (at Governor)
In a last minute deal by Iowa state lawmakers, both chambers passed HF 524, which would expand the narrow access of CBD with up to 3% THC to patients who have been diagnosed by an Iowa-licensed physician with Parkinson’s disease, cancer, multiple sclerosis, seizures, AIDS and HIV, Crohn’s disease and Amyotrophic Lateral Sclerosis, as well as most terminal illnesses that have a life expectancy of less than one year and untreatable pain. The bill also sets up a framework for in-state production of the medicine. The bill now goes to Governor Terry Branstad (R) for his signature or veto.
HB 2200, will provide an affirmative defense regarding medical cannabis that would protect patients, caregivers, and doctors, will be heard on April 24.
Affirmative defense establishes a basic set of facts surrounding marijuana possession cases. If someone with a qualifying medical condition is caught possessing marijuana, an affirmative defense for the individual would likely result in a more lenient punishment.
Members of the Senate voted 21 to 9 on April 21 in favor of an unrelated House bill, H. 167, which Senators had amended to include language to legalize the recreational marijuana market. Other Senate amendments in the bill mimic language in H. 170, which eliminates criminal and civil penalties specific to the possession or cultivation of personal use quantities of cannabis. The amended version of H. 167 now returns to the House for further action.
Other Actions to Take
Legislation is pending, SB 1337, to permit for the licensed production of industrial hemp.
Update: Members of the House Standing Committee and the House Appropriations Committee both passed SB 1337 by votes of 7 to 1 and 12 to 1 respectively.
Legislation is pending, Assembly Bill 1578, to try and limit potential federal interference in the state’s marijuana regulatory laws.
The bill states, “This bill would prohibit a state or local agency, as defined, from taking certain actions without a court order signed by a judge, including using agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, or arrest a person for commercial or noncommercial marijuana or medical cannabis activity that is authorized by law in the State of California and transferring an individual to federal law enforcement authorities for purposes of marijuana enforcement.”
Update: AB 1578 was passed by members of the Public Safety Committee on April 18 by a vote of 5-2.
SB 35, introduced by Sen. Yvonne Colomb, provides explicit exemptions from arrest and prosecution for persons lawfully in possession of medical marijuana.
Presently, state regulators are finalizing rules and regulations governing its nascent medical cannabis program, which seeks to permit the production, dispensing, and use of non-herbal preparations of cannabis for qualified patients. Passage of SB 36 amends various criminal statutes to assure that those involved in the program are not inadvertently subject to criminal liability.
Senate legislation is pending, SB 236, to regulate the social use of cannabis.
The measure allows select businesses to apply for licensing to permit adult marijuana use on their premises. It would also allow event organizers to seek permits to allow adult use at specific events.
Update: SB 236 was amended in the Senate Judiciary Committee on 4/12 and it passed as amended.
Multiple bills are pending before lawmakers to expand the pool of patients eligible to qualify for medical marijuana therapy.
In particular, these measures would permit patients with conditions like chronic pain and post-traumatic stress to obtain legal access to marijuana.
Update: Members of the Senate Health and Human Services Committee on April 20 passed HB 157 out of Committee.