Marijuana Policy in the US
Contents
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/
Recreational Marijuana
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 (not passed)
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
Medical Marijuana
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!
Recreational Marijuana (not passed)
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/
Medical Marijuana
Families find hope high in the Rocky Mountain
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.
Recreational Marijuana
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.
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 (not passed)
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.
Recreational Marijuana (not passed)
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.
Delaware
https://www.mpp.org/states/delaware/
Medical Marijuana
Compassion center open as of June 26, 2015
Almost four years after the state’s medical marijuana act was signed into law, Delaware’s first compassion center has finally opened! First State Compassion opened to qualified patients on June 26, 2015. Unfortunately, it is limited to cultivating 150 plants — far too few to meet patients’ needs. MPP submitted comments urging the department to revise the regulations to ensure a workable program. While the department refused to lift the cap now, there is a possibility of doing so later if and when the current regulations prove too limited.
The Department of Health continues to accept applications for medical marijuana ID cards, which will be required for patients seeking to obtain their medicine from a compassion center. If you are interested in obtaining your medical marijuana ID card, please visit the medical marijuana program’s website or call them at (302) 744-4749 to receive application forms. If you have further questions about the medical marijuana program, please see our summary of the law.
Recreational Marijuana (decriminalized)
Delaware decriminalizes marijuana
Last update: October 14, 2015
On June 18, 2015, Gov. Jack Markell signed HB 39 into law, making Delaware the 20th state to decriminalize — or in four cases, legalize — possession of personal use amounts of marijuana. The Senate approved the bill less than an hour earlier in a 12-9 vote, and the House previously approved it 24-14.
Introduced by Rep. Helene Keeley, HB 39 will make possession of up to one ounce of marijuana by adults a civil violation punishable by a $100 fine with no possibility of jail. Possession of up to an ounce of marijuana is currently a misdemeanor punishable by up to a $575 fine and up to three months in jail. HB 39 goes into effect six months after enactment. Please see our summary of HB 39 for further details.
You can call Gov. Markell at (302) 744-4101 to thank him for his leadership or send him a message on social media or by webmail here.
Many thanks to each of you who raised your voices or made a donation to help stop the cruel criminalization of marijuana consumers.
District of Columbia
https://www.mpp.org/states/district-of-columbia/
Medical Marijuana
Medical marijuana program taking root
The District’s medical marijuana program has gone through quite a bit of compassionate change as of late. Last fall, the program was amended to allow physicians to recommend medical marijuana for any condition they think will benefit from its use. Since then, hundreds of additional patients from around the city have been granted legal and safe access to medical marijuana. Additionally, council and the Department of Health continue to work collaboratively with advocates and providers to ensure that a more consistent and varied supply of medical marijuana products are available to patients in need.
If you have a debilitating condition and would like to know more about medical marijuana in the District, talk to your doctor and visit the District Department of Health’s medical marijuana program website. You can also contact any of the five dispensaries operating in D.C.: Metropolitan Wellness Center at Eastern Market, Capital City Care on North Capitol Street, and Takoma Wellness Center in Takoma Park, Herbal Alternatives on Rhode Island Avenue NW, and National Holistic Healing Center in DuPont Circle.
Recreational Marijuana (congressional issue)
Marijuana legal for adults to possess, use; Congress prevents D.C. Council from regulating it
Last update: August 25, 2015
On November 4, 2014, D.C. voters overwhelmingly approved Initiative 71, which legalized the limited possession and cultivation of marijuana by adults who are 21 or older. It survived Congressional review and became law on February 26, 2015. This new law does not allow sales, and it does not change federal law, and a large portion of the District is federal land. Please see our summary for more details.
While there is much cause for celebration, there is still work to be done. Congress used an appropriations rider to prevent the D.C. Council from legalizing and regulating marijuana sales to adult consumers. Our federal team — along with our allies — is working diligently to remove that prohibition. Once they succeed, the council appears to be ready to act.
Councilmember David Grosso has introduced legislation to create the regulatory framework necessary for a responsible marijuana industry. The Marijuana Legalization and Regulation Act of 2015 — B21-23 — would allow the city to register and regulate marijuana cultivators, product manufacturers, retail stores, and testing labs and to impose taxes on the sale of marijuana to adults 21 and older.Please let your councilmembers know you want the District to treat marijuana like alcohol.
Individuals under 21
On July 17, 2014, legislation decriminalizing marijuana took effect. While Initiative 71 removed penalties for marijuana use and possession for those 21 and older, it left decriminalization in place for individuals under 21. Since taking passage, possession of up to an ounce of marijuana by an individual under 21 has been punishable by civil fine of $25. In addition, the simple smell of marijuana no longer gives a police officer grounds to conduct a search of an individual. For more information on the measure, please see our overview of the ordinance.
It is important to note that, like Initiative 71, this is only a change in District law, not federal law. Marijuana possession on federal lands, including the National Mall, is still a criminal offense and violators may be arrested and prosecuted.
Florida
Medical marijuana (not passed)
https://www.mpp.org/states/florida/
Florida Legislature adjourns; medical marijuana fails to advance
Last update: May 8, 2015
The 2015 legislative session has adjourned, and — unfortunately — legislators failed to protect sick and suffering Floridians from arrest and prosecution before they left Tallahassee. United for Care immediately announced that it would collect the necessary signatures to put the issue before voters in November 2016. In November 2014, a similar measure received 58% of the vote, just shy of the 60% needed for voters to enact a constitutional amendment
Republican State Senator Jeff Brandes sponsored the legislative effort, SB 528. The Florida Medical Marijuana Act would have protected seriously ill patients from arrest and prosecution for using marijuana under a doctor’s recommendation. It also would have created a system of registered medical marijuana providers to ensure that patients have safe and reliable access to the medicine they need.
In addition to considering comprehensive medical marijuana legislation, the legislature was presented with legislation that would have taxed and regulated marijuana like Colorado does, a public policy proposal that St. Pete’s Polls found 58.8% of Floridians support. Unfortunately, the legislation, introduced by Rep. Randolph Bracy, was not voted on, but all Floridians should email their lawmakers in support of sensible marijuana policies. Finally, if you are a victim of marijuana prohibition and would like to help reform the current laws, please let us know.
To receive news about Florida marijuana policy reform as it happens, be sure to subscribe to MPP’s free legislative alert service, if you haven’t done so already.
Florida Legislature passes CBD bill in 2014
Shortly before adjourning its 2014 legislative session, Florida lawmakers passed a bill that attempts to exempt a limited group of very sick people from criminal laws for using marijuana that is low in THC and high in CBD if certain requirements are met. Gov. Rick Scott signed the bill on June 16, 2014. Unfortunately, the Department of Health has run into many issues implementing the law, which also leaves many patients behind and may not help even those it’s meant to. A summary of the new law is available here.
Courts continue to reject suspicionless drug testing law
An ACLU suit to enjoin implementation of a 2011 law, signed by Gov. Scott, requiring new applicants for temporary welfare assistance funded by TANF to undergo, and pay for out of pocket, mandatory and suspicionless drug tests was declared unconstitutional in October 2011. The 11th U.S. Circuit Court of Appeals, one of the more conservative federal appeals courts, upheld the decision. In April 2014, the United States Supreme Court refused to hear Gov. Scott’s appeal, letting the appeal court decision stand.
However, despite failing at every level, Gov. Rick Scott continues his quest to drug test welfare recipients. The governor has filed a brief in appellate court seeking to re-argue the state’s right to drug test all individuals seeking welfare benefits. Once again, the 11th Circuit rejected Gov. Scott’s argument and declared the practice unconstitutional. The governor’s office stated that it would review the ruling, but the ACLU attorney referred to this judgment as “the end of the line for the governor’s crusade.”
Court established defense
Despite the fact that a medical necessity defense has been established by Florida case law, patients remain at risk of being arrested and jailed because legislators have yet to enact a medical marijuana law.
Georgia
https://www.mpp.org/states/georgia/
Medical marijuana (not passed)
Georgia’s low-THC oil medical cannabis law moves forward
Last update: October 5, 2015
Haleigh’s Hope Act, which allows some seriously ill patients to possess oils containing CBD and small amounts of THC, became law in April 2015. According to news reports, hundreds of patients in the state are now part of the state registry. Unfortunately, the law leaves the vast majority of medical marijuana patients behind. In addition, the law falls short because there is no legal way for cannabis to be produced, refined, or distributed within Georgia, leaving families with no in-state access. Several have uprooted so that at least two family members could establish residency in Colorado, which allows in-state access. For a quick look at the law, take a look at our summary here.
Fortunately, the governor established a commission to look at aspects of the law, and the sponsor of Haleigh’s Hope Act, Rep. Allen Peake, is its chairman. He and other members of the commission are considering ways the law may be improved, and the commission will take those suggestions back to the governor before the end of the year. In addition, Rep. Michael Gravely recently signaled he will present legislation during next year’s session that would establish a workable system to cultivate, process, and distribute cannabis oil under the state’s low-THC program.
Please thank your legislators for taking this modest first step, and encourage them to support a more comprehensive medical marijuana program.
ACLU study shows Georgia’s harsh marijuana laws result in racially disproportionate arrest rates
Georgia has some of the most punitive marijuana laws in the country, with possession of a mere two ounces being punishable by up to 10 years in prison. It’s clear these laws have not been successful, and new evidence shows that Georgia’s laws are not being evenly enforced.
A 2013 study by the American Civil Liberties Union found that although blacks and whites use marijuana at nearly identical rates, blacks in Georgia are 3.7 times more likely than whites to be arrested for marijuana possession.
Hawai'i
https://www.mpp.org/states/hawaii/
Medical marijuana
Medical marijuana dispensaries to open in Hawaii; session in recess until 2016
Last update: October 13, 2015
In 2000, Hawaii became the first state to legalize medical marijuana through the legislative process. The law permitted patients to grow their own plants but did not allow for dispensaries. On July 14, 2015, Gov. David Ige signed two important medical marijuana laws. HB 321 allows medical marijuana dispensaries to operate in Hawaii, and SB 1291 strengthens civil protections for patients.
HB 321 initially allows eight dispensaries (three on Oahu, two each on Big Island and Maui, and one on Kauai) with two locations each. Starting in 2017, the state health department will be allowed to issue more licenses as needed. Each dispensary license will allow the license holder to have two cultivation sites with up to 3,000 plants, as well as the two dispensing locations that must be separate from the cultivation locations.
SB 1291 strengthens existing civil protections for medical marijuana patients and adds new protections that prevent landlords, schools, and courts from discriminating against medical marijuana patients.
Recreational marijuana (pending)
Decriminalization and prohibition
The Hawaii Legislature has before it legislation that would replace criminal penalties for possession of marijuana with a civil violation and proposals to end the Aloha State’s marijuana prohibition by taxing and regulating adult marijuana sales similarly to Colorado. Hawaii has a two-year session, so lawmakers can take up these issues when they reconvene in Honolulu in January 2016.
A QMark Research poll, commissioned by the Drug Policy Action Group and the American Civil Liberties Union of Hawaii, found that 78% of Hawaii voters support a dispensary system for medical marijuana, 69% think that jail time for marijuana offenses is inappropriate, and an overwhelming 57% favor legalizing marijuana for adults and regulating it like alcohol. This last number is 20% higher than the last poll conducted in 2005.
In addition to polling, an economic analysis was commissioned from University of Hawaii economist David Nixon. Dr. Nixon estimates that Hawaii could redirect $9 million annually if it stopped arresting individuals for marijuana possession. Additionally, Hawaii could generate tax revenues of up to $11 million annually if the state legalized, regulated, and taxed the sale of marijuana to adults.
Multiple bills have been filed that will end Hawaii’s marijuana prohibition this session, giving legislators the opportunity to take a fiscally sound approach to marijuana policy when they reconvene in 2016.
Idaho
https://www.mpp.org/states/idaho/
Medical marijuana (not passed)
A missed chance to inch toward compassionate marijuana policy
Last update: November 4, 2015
In April, the Idaho Legislature approved S1146 and sent it to Gov. Butch Otter. The bill would have protected some seriously ill Idahoans from being convicted for possessing medical marijuana oils with very low amounts of THC. It also would have allowed physicians to recommend certain medical cannabis oils to patients with one of several conditions. The bill would only have protected patients from a conviction, not an arrest, and would not have provided in-state access to the oils. Despite these serious limitations, S1146 would have been a step forward. Sadly, Gov. Otter vetoed the bill.
Hopefully, 2016 can bring reform to Idaho’s marijuana laws. Please write your state lawmakers in support of a comprehensive medical cannabis bill. If you are a medical professional or a patient who might benefit from medical marijuana, we would like to hear from you. Additionally, if you are a law enforcement official, member of the bar, clergy member, or local official who supports this issue, please email state@mpp.org to see how you can be of special help. Please include your address or nine-digit zip code so we can look up your state legislators.
Learn more about Idaho’s marijuana laws
Under current Idaho law, an individual charged with possession of up to an ounce of marijuana faces a year in jail and/or up to a $1,000 fine. Unfortunately, this draconian law hits minority communities the hardest. According to the ACLU, black Idahoans are over two and half times more likely to be arrested for possession than their white neighbors. Ask your lawmakers to end marijuana prohibition today. To learn more about Idaho’s marijuana laws, arrests, and use, please see http://www.drugscience.org/States/ID/ID.pdf
Illinois
https://www.mpp.org/states/illinois/
Medical marijuana
http://www.illinois.gov/gov/mcpp/Pages/default.aspx
Medical Cannabis Pilot Program now serving patients!
Last update: November 9, 2015
Dispensaries have now begun serving patients in Illinois, marking the biggest milestone in the program since the law was passed in 2013. Eight dispensaries were initially approved, five of which opened immediately, including Harbory (Marion), Herbal Remedies (Quincy), EarthMed (Addison), Salveo Health and Wellness (Canton), and The Clinic Mundelein (Mundelein). The complete list of approved dispensaries and their locations is available here. The total number of patients now stands at approximately 3,300, with more expected to join the registry now that businesses are able to serve them. Hat tip to Illinois Medical Cannabis Community’s Joel Erickson for identifying those that were first to open!
Discussions over decriminalization continue, but unfortunately the budget battle dominating state politics this year threatens to overwhelm the support both the governor and the general assembly have voiced in support of a decrim bill. The bill’s sponsor Rep. Kelly Cassidy and others continue to seek a solution before the clock runs out in December.
At stake are thousands of Illinoisans saddled with the stigma of criminal convictions, along with the tax burden on residents who must fund a system that has made Illinois a state with the fifth highest arrest rate for marijuana possession in the nation. A study by the ACLU found that despite similar marijuana use rates, enforcement is far from equal — blacks are 7.6 times more likely to be arrested for marijuana possession in Illinois than whites.
Good news for medical cannabis patients — for a change!
The news over dispensary openings is welcome relief to patients who faced a challenging year. In addition to delays in licensing businesses and approving their operation, the Illinois Department of Public Health refused to adopt numerous new conditions, despite approval by the Medical Cannabis Advisory Board. An effort to extend the program beyond 2017 fell short in its initial attempt, but a similar effort is expected during the legislative session in 2016.
Unsurprisingly, the number of patients who have registered for the program has initially been low, but it is expected to increase now that the program is operational.
Indiana
https://www.mpp.org/states/indiana/
Another legislative session, another opportunity lost
Last update: August 19, 2015
Most Americans now support improving marijuana laws, whether it’s by reducing criminal penalties, implementing meaningful medical marijuana programs, or ending marijuana prohibition and controlling marijuana sales. Polls have shown that Hoosiers want to see that change happen in Indiana too, but unfortunately the legislature has again ignored the majority of the state’s voters and refused to change the state’s harsh laws. This year, Sen. Karen Tallian’s compassionate medical marijuana bill, SB 284, didn’t even receive a public hearing. A similar measure, HB 1487, sponsored by Rep. Sue Errington also did not advance. Please take a moment to ask your representative and senator to support medical marijuana, which can provide relief to thousands of Hoosiers.
If there is good news coming out of this year’s session, it’s that Indiana did not go backwards in its marijuana policy. Bills reminiscent of the 1980’s failed strategy of ever-increasing penalties also did not move forward, including SB 275 and SB 278, which would have greatly increased Indiana’s already harsh penalties for marijuana possession, despite research that shows that increasing penalties does not change behavior.
Given the benefits marijuana policy reform has — from allowing police to focus on real crime, to raising revenue through legalization and taxation, to improving seriously ill patients’ wellbeing with medical marijuana — it should be just a matter of time before legislators and the governor’s office catch up to the will of the voters. You can help make change come to Indiana by subscribing to our email alerts. Also, if you are a current or former law enforcement officer, or someone who has suffered negative consequences from a marijuana arrest, such as a lost job or denial of benefits, please email us, as your voice could be particularly persuasive. Please include your 9-digit zip code in your email so we can look up your state legislators.
Learn about Indiana’s marijuana laws
Indiana has some of the most draconian marijuana penalties in the country. Possession of even a single joint is punishable by up to a year of incarceration and a fine of up to $5,000. Sadly, almost 90% of all reported burglaries, including home invasions, and over 85% of all motor vehicle thefts go unsolved, according to the state-based reports from Indiana state law enforcement to the FBI for the year 2012. During the same year, law enforcement devoted valuable time and resources to either arresting or citing over 9,000 individuals for marijuana-related offenses, 86% of which were for possession.
African Americans often bear the brunt of unfair enforcement of marijuana prohibition policies, and in Indiana, African Americans are over three times more likely to be arrested for possession of marijuana than their white counterparts, even though blacks and whites consume marijuana at similar rates. For more information on how the war on marijuana is often waged unequally, check out this report by the ACLU.
Please consider asking your legislators to support legalizing and regulating marijuana like alcohol. This fiscally sound approach would increase freedom, end the possibility of disparities in enforcement of possession, re-direct law enforcement resources to real crime, and allow the state to control and generate revenue from this lucrative product.
Iowa
https://www.mpp.org/states/iowa/
Iowa Legislature adjourns session; House fails to advance sensible marijuana policy
Last update: June 10, 2015
The Iowa Legislature adjourned its 2015 session on June 5, leaving multiple marijuana policy reform bills on the table. However, the Senate voiced its support for both medical marijuana and reducing penalties for marijuana possession, giving potential medical patients and marijuana policy reform advocates hope that 2016 will bring necessary changes to the state’s laws.
The 2015 session saw the Iowa Senate vote 26-19 in support of a compassionate and comprehensive medical marijuana proposal! The bill would have built on the Medical Cannabidiol Act enacted in 2014. It sought to allow Iowans suffering from a variety of debilitating conditions — including HIV/AIDS, cancer, MS, and epilepsy — to use and safely access medical marijuana with their doctors’ recommendations. Unfortunately, despite popular support for the proposal, the House failed to debate the issue. If you are a Hawkeye, please email your lawmakers and ask them to support a compassionate medical marijuana program next year.
In addition to passing legislation to protect medical marijuana patients from arrest and prosecution, the Iowa Senate approved legislation that would have reduced the penalties for possessing marijuana. The maximum sentence for possessing up to five grams of marijuana would have been reduced to 30 days in jail. This would have been a big improvement upon the status quo, which calls for up to six months in jail, a $1,000 fine, or both for possessing even a single gram of marijuana. The House also failed to debate this bill, so it is important that all Iowans continue to email their lawmakers in support of reducing marijuana possession penalties.
Make sure to sign up for MPP’s free state specific alerts to stay up-to-date on the progress of these bills.
2010 Board of Pharmacy ruling
In 2009-2010, MPP worked with Carl Olsen and Iowa Patients to lobby the Board of Pharmacy. Thank you to all who participated! You can watch the testimony here. On February 17, 2010, the Board of Pharmacy voted 6-0 to recognize marijuana’s medical value and to recommend that the legislature reschedule marijuana to only Schedule II. The public also supports medical marijuana. A February 2010 Seltzer & Co. Iowa poll found that 64% of Iowans support patient use of medical marijuana with a doctor’s approval!
