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.
- Colorado
https://www.mpp.org/states/colorado/
More revenue and more jobs bring more support for marijuana legalization
Last update: November 4, 2015
At the beginning of 2014, Colorado became the first jurisdiction in the world to usher in a new era of regulated retail sales of marijuana for adults’ use, and today the results are overwhelmingly positive. According to the Colorado Department of Revenue, the state has received nearly $70 million in tax revenue from marijuana from July 1, 2014 through June 30, 2015, easily beating the nearly $42 million in taxes on alcohol. On November 3, voters approved Prop. BB, clearly giving the state the authority to use those taxes, consistent with the purpose of the voter-approved law.
Meanwhile, overall crime in Denver is down slightly as compared to 2013. The state has licensed hundreds of retail dispensaries throughout the state and more than 16,000 individuals to work in the industry. That does not even include jobs created in collateral sectors, such as construction, law, accounting, and tourism. The success of Colorado’s unique industry has contributed to Denver’s commercial real estate boom and may have boosted the state’s record-breaking ski season. And despite dire warnings from prohibitionists, teen marijuana use has either remained steady or gone down, and driving fatalities have gone down. Click here for further details on life after legalization and regulation in Colorado.
If you have not already done so, please sign-up for our free and state-specific email alerts so you don’t miss your opportunity to advocate for sensible marijuana policy in the Centennial State.
Families find hope high in the Rocky Mountains
In the summer of 2013, CNN’s Dr. Sanjay Gupta released a documentary about medical marijuana called Weed, featuring a CBD-rich cannabis oil that could save lives. The oil successfully treated seizures caused by intractable epilepsy, which sometimes occur hundreds of times per day. Soon, more than a hundred families flocked to Colorado, most with a child suffering from similar seizures. They called themselves “medical refugees,” and Colorado’s medical cannabis was their last hope.
If you or someone you know would like to become a registered medical marijuana patient in Colorado, please visit the Department of Public Health and Environment’s website for a list of frequently asked questions, application information, and materials.
State and city officials addressing social consumption
Government officials and business organizations in Colorado have expressed a commitment to developing laws that allow for the social use of marijuana by adults in commercial establishments.
Rep. Kit Roupe has drafted a bill which would establish a retail cannabis club license category, which she expects to introduce when the legislature reconvenes in 2016. Adult marijuana users would be allowed to consume at licensed establishments that admit only those 21 and older, and some could qualify to also serve food and alcohol.
Denver civic and business leaders also agreed to work on the issue after the Campaign for Limited Social Cannabis Use withdrew a city initiative to create such a law, which was poised for the 2015 ballot. The campaign arrived at the decision after engaging in several productive discussions with city council members, the city attorney, a representative from the mayor’s office, and leaders of several major business organizations, including the Colorado Hotel and Lodging Association, the Colorado Restaurant Association, and the Downtown Denver Partnership.
Initiative backers are engaging in conversations with city officials and remain hopeful that they will result in a sensible social use law that the city is willing and able to implement. If not, they will have the option of putting one on the ballot during the 2016 presidential election, when increased voter turnout will create a more favorable electorate compared to this year.
- Connecticut
https://www.mpp.org/states/connecticut/
Connecticut considering legalization and regulation laws for adult consumers
Last update: October 4, 2015
Medical marijuana
Legislative history and background:
On June 1, 2012, Connecticut enacted a medical marijuana program that protects patients from arrest and prosecution if they have a valid registration card. The state Department of Consumer Protection oversees the program. A patient may obtain up to 2.5 ounces every month from a licensed dispensary, but home cultivation is prohibited. Unfortunately, the program does not currently allow for minors to access medical marijuana. Connecticut is one of the only states that prohibits seriously ill minors from having legal access to the state medical marijuana program. To learn more about the specifics of the Connecticut medical marijuana program, visit our state-by-state report.
Recent events:
In the last session, two bills were introduced that could help provide important access to medical marijuana for minors. HB 5892, sponsored by Rep. Kevin Ryan, would allow access to qualified minors who have permission and supervision by a parent or guardian. Another bill, HB 6862, would simply study how access by minors could affect them.
Meanwhile, the Connecticut Department of Consumer Protection, which oversees the state’s medical marijuana program, added four new conditions to the list of qualifying medical conditions. So far in 2015, the department agreed with the Board of Physicians to include sickle cell disease, post laminectomy syndrome (“failed back syndrome”), severe psoriasis, and psoriatic arthritis.
The Department of Consumer Protections also decided to add up to three additional dispensaries. The new dispensaries will likely be located in New Haven and Fairfield counties, where roughly 50% of the state’s patients live. The state received 19 applications for dispensary licenses. The department said it expects to make selections in early 2016, and the dispensaries could be open by June.
Decriminalization and prohibition
Legislative history and background:
Since 2011, possession of a half-ounce or less of marijuana has been a civil violation in Connecticut, punishable by a fine of up to $150, meaning it is not a jailable offense. Subsequent offenses are subject to increased fines ranging from $200-$500. Upon a third violation, offenders are referred to a drug awareness program. Most importantly, those accused of being in possession are not saddled with criminal records, which can mark a person for life. In addition to the fine, anyone under 21 who is found in possession of less than a half-ounce of marijuana faces a 60-day suspension of his or her driver’s license.
Although Connecticut has improved its marijuana laws in recent years, penalties still exist for adults in possession of a substance that is less harmful than alcohol. Data reported to the FBI by state law enforcement shows that in 2012, 85% of all marijuana-related arrests or citations were for possession. During the same period, over 76% of all reported rapes and 85% of all burglaries, including home invasions, went unsolved. Law enforcement should focus its resources and time on serious crime instead of pursuing people in possession of small amounts of cannabis.
Recent events:
Several positive bills were introduced in 2015. Rep. Edwin Vargas’s HB 6473 and Rep. Juan Candelaria’s HB 6703 would each replace Connecticut’s prohibition of marijuana with sensible regulations for adults’ use.
A recent poll conducted by Quinnipiac University found that a majority of voters in Connecticut support legalizing cannabis for adults. Fifty-two percent of all voters, and 80% of voters under 30 years old, support legalizing the possession of personal use amounts of marijuana for adults.
