Marijuana Policy in the US
Federal Stance on Marijuana
It is the Federal government’s position that marijuana be subjected to the same rigorous clinical trials and scientific scrutiny that the Food and Drug Administration (FDA) applies to all other new medications, a comprehensive process designed to ensure the highest standards of safety and efficacy.
It is this rigorous FDA approval process, not popular vote, that should determine what is, and what is not medicine. The raw marijuana plant, which contains nearly 500 different chemical compounds, has not met the safety and efficacy standards of this process. According to the Institute of Medicine (IOM), smoking marijuana is an unsafe delivery system that produces harmful effects.
The FDA has, however, recognized and approved the medicinal use of isolated components of the marijuana plant and related synthetic compounds. Dronabinol is one such synthetically produced compound, used in the FDA-approved medicine Marinol, which is already legally available for prescription by physicians whose patients suffer from nausea and vomiting related to cancer chemotherapy and wasting (severe weight loss) associated with AIDS. Another FDA-approved medicine, Cesamet, contains the active ingredient Nabilone, which has a chemical structure similar to THC, the active ingredient of marijuana. And Sativex, an oromucosal spray approved in Canada, the UK, and other parts of Europe for the treatment of multiple sclerosis spasticity and cancer pain, is currently in late-stage clinical trials with the FDA. It combines THC and another active ingredient in marijuana, cannabidiol (CBD), and provides therapeutic benefits without the “high” from the drug.
A number of States have passed voter referenda or legislative actions allowing marijuana to be made available for a variety of medical conditions upon a licensed prescriber’s recommendation, despite such measures’ inconsistency with the scientific thoroughness of the FDA approval process. But these state actions are not, and never should be, the primary test for declaring a substance a recognized medication. Physicians routinely prescribe medications with standardized modes of administration that have been shown to be safe and effective at treating the conditions that marijuana proponents claim are relieved by smoking marijuana. Biomedical research and medical judgment should continue to determine the safety and effectiveness of prescribed medications.
Marijuana Policy Reform in the 114th Congress
Marijuana Policy by State
- Alabama
https://www.mpp.org/states/alabama/
Alabama inching toward more humane marijuana policy
Last update: July 21, 2015
During Alabama’s 2015 legislative session, Gov. Robert Bentley signed into law a modest penalty-reduction bill. SB 67 creates a new class of felonies with lower penalties for several lower level crimes, including second convictions for marijuana possession. These convictions now carry a penalty of up to five years in prison rather than up to 10 years, along with lower maximum fines.
In addition to the passage of this limited step forward for Alabama’s marijuana policies, two other bills were introduced but not enacted this year. The first, SB 162, would have declared anyone with five nanograms of THC per milliliter in his or her blood guilty of driving under the influence, regardless of whether the person was actually impaired. Thankfully, this unscientific bill did not advance beyond the Senate. But it is regrettable that a bill to create a compassionate medical marijuana program — SB 326 — did not even pass in the Senate.
While progress has been slow, last year’s passage of Carly’s Law — a CBD-focused bill — and this year’s passage of SB 67 are good indicators of changing attitudes in the Yellowhammer State. Please take a moment to encourage your legislators to support a comprehensive medical marijuana bill next year. A 2004 poll by the Mobile Register and the University of South Alabama found that 75 percent of respondents supported legalizing marijuana for medical use under a doctor’s supervision.
- Alaska
https://www.mpp.org/states/alaska/
Rule making process wraps up soon
Last update: November 9, 2015
Over the past four months, the state’s Marijuana Control Board has been in the process of establishing rules for marijuana cultivators, processors, and retail shops. For the most part, the proposed rules are fair and workable. Unfortunately, they overlook several key areas we hope will be significantly improved before times runs out on November 24. Take a look at the latest set of rules available here.
The biggest problem is that adults will not have any legal place to consume marijuana, other than private residences. Unfortunately, the Alcoholic Beverage Control Board early this year created a legal definition of “public” that is so absurdly broad, it bans use even at private parties and weddings. Now, the Marijuana Control Board claims that it is unable to establish licenses that allow consumption, which is simply untrue. If you agree the MCB should allow social use, voice your support for social use here. Detailed comments by the Campaign to Regulate Marijuana Like Alcohol are available here.
Please be sure to provide your own comments to the board before November 11 if you have not already done so. (In fact, you should submit written comments as soon as possible so board members have time to review and consider them before the next meeting on November 20.) Instructions for how to submit comments are available here. Beginning in 2016, marijuana will be cultivated, tested, and sold by licensed, taxpaying businesses that require proof of age instead of criminal enterprises in the underground market. For more information about Measure 2, check out this FAQ from the Alaska Department of Commerce. And you read a summary of the law here.
- Arizona
https://www.mpp.org/states/arizona/
2016 Arizona ballot initiative
Last update: September 15, 2015
The Campaign to Regulate Marijuana Like Alcohol in Arizona, sponsored by Marijuana Policy Project, has filed a ballot initiative with the Arizona Secretary of State. In order to place the initiative on the 2016 ballot, the campaign needs more than 230,000 signatures from Arizona voters; the campaign has collected over 70,000 signatures already. The initiative would establish a sensible tax-and-regulate system for retail sales of marijuana to adults in Arizona. Visit the campaign website to read a summary of the initiative. You can find the full version here.
To get involved in passing this initiative, visit the campaign sign-up page. And please join the campaign on Facebook and Twitter.
Finally, make sure you are subscribed to MPP email alerts to keep up-to-date on our work in Arizona.
No gains or losses in 2015 legislative session
This year’s legislative session has come to an end, and while it is unfortunate that the Arizona Legislature did not take the opportunity to improve marijuana-related laws, neither did it cause significant harm. Two bills sponsored by Rep. Mark Cardenas — one that would have decriminalized marijuana by removing criminal penalties, the other that would have allowed adults to use, grow, and safely purchase marijuana — did not advance.
Fortunately, a terrible DUI bill that would have made criminals out of drivers who are not impaired also died. Rep. Sonny Borrelli’s bill, HB 2273, would have allowed courts to consider the presence of a metabolized form of THC, which was excluded from consideration in DUI cases by the Arizona Supreme Court. His misguided bill would have added consideration of the metabolized form of THC back into the DUI laws — ensuring that people who are not impaired would be found guilty of DUI. Fortunately, the bill did not pass. Both the Arizona Supreme Court and researchers for the federal government say metabolized THC has nothing to do with impairment.
- Arkansas
https://www.mpp.org/states/arkansas/
Last update: August 17, 2015
Arkansas has some of the harshest marijuana laws in the nation, but despite increasing interest around the country for improvements to marijuana laws, the Arkansas Legislature has shown little interest in changing its cannabis laws. Possessing less than four ounces of marijuana is a misdemeanor carrying up to one year in jail and a fine of up to $2,500. Possessing an ounce of marijuana or more by those who have twice been convicted of possession is a felony punishable by up to six years in prison and a fine of up to $6,000.
Let your lawmakers know it’s long past time for a more proportionate and fiscally sound approach to marijuana. Twenty states — including Mississippi, North Carolina, and Missouri — have decriminalized or legalized marijuana. Ask your legislators to impose a civil fine on marijuana possession or to regulate marijuana like alcohol.
In 2012, there were at least 5,718 marijuana arrests in Arkansas. Of those arrests, over 90% were for marijuana possession. During the same year, 91% of all reported burglaries, including home invasions, and over 90% of all motor vehicle thefts went unsolved. Law enforcement should stop wasting time on marijuana-related offenses and use its resources to stop real crime.
In addition to wasting law enforcement time on victimless marijuana offenses, marijuana enforcement has been extremely unequal in Arkansas. African Americans in Arkansas are over three times more likely to be arrested for possession of marijuana compared with whites, although both black and white populations consume marijuana at similar rates. To learn more about how the war on marijuana can be used to discriminate against African Americans in the U.S. and in Arkansas, check out the ACLU’s recent report.
Medical marijuana
In November 2012, 48.56% of Arkansas voters voted for a medical marijuana measure. While this fell just shy of the votes needed to finally protect seriously ill patients from arrest, it did show substantial support for protecting patients. In all likelihood, support has grown as awareness has risen about marijuana’s medical benefits, including after Dr. Sanjay Gupta from CNN became supportive and profiled several patients. One patient was a young girl whose catastrophic seizures were effectively treated by a strain of marijuana that she did not smoke and that had very low THC.
Please write to your legislators and voice your support for a compassionate law that will help seriously ill patients in the state. People should not have to make the terrible choice between being considered a criminal and being denied a medicine that is safer than many pharmaceutical medications.
- California
https://www.mpp.org/states/california/
Last update: October 19, 2015
On October 9, Gov. Jerry Brown signed into law three pieces of legislation that will together regulate businesses serving medical marijuana patients in the largest program in the nation. These new laws mark a major shift in policy for California. Despite the fact that the state was the first to provide seriously ill patients access to medical marijuana, it fell behind when it came to regulating businesses, which left cultivators, processors, and dispensaries open to law enforcement interference.
The Department of Consumer Affairs and other regulatory agencies have until January 2017 to adopt rules overseeing the industry, and those rules are expected to go into effect in 2018. For an overview of the new laws, see our summary available here. Also this year, the legislature and governor approved a bill, spearheaded by Americans for Safe Access, to stop discrimination against medical marijuana patients awaiting organ transplants.
The medical marijuana regulatory bills were considered against the backdrop of a planned November 2016 voter initiative that would legalize and regulate marijuana like alcohol in California. Several organizations, including MPP, are working to pass a measure similar to the one approved by voters in Colorado in 2012. If you haven’t done so already, please sign up for our email alerts to stay current on latest events!
The current legal status of marijuana in California
Under California law, possessing up to an ounce or less of marijuana is a civil infraction similar to a speeding ticket. While this is a more reasonable approach than many states take, California is still punishing tens of thousands of responsible adults for possessing a substance that is objectively safer than both alcohol and tobacco. A 2015 PPIC poll found that 55% of Californians believe marijuana should be legalized.
One of the most tragic failures in the war on marijuana is how hard it impacts racial minorities. The ACLU’s 2013 report entitled “The War on Marijuana in Black and White” shows that where blacks represent 6.7% of the population in California, they account for 16.3% of the arrests (or citations) for marijuana, while rates of usage are virtually the same between black and white populations.
It is true that California’s marijuana laws are not as draconian as some other states, but the state is still wasting precious resources on citing, arresting, and prosecuting marijuana offenders, while ensuring the profits of marijuana sales go to criminals instead of responsible businesses and supporting the state budget. And despite its reputation as being easy-going with respect to marijuana possession and use, California arrested or cited over 21,000 people in 2012 for marijuana-related offenses. Let your legislators know it’s time they stand up for taking a more humane and fiscally sound approach to marijuana policy.
