- Find A Lawyer
- Become a Member
- Know Yor Rights
Working to reform marijuana laws
Updated: 8 min 53 sec ago
On December 5th 1933 at exactly 5:32pm eastern standard time, Utah signed on as the last of the 36 states needed to ratify the 21st amendment, repealing the nation’s failed 13-year prohibition policy experiment banning the sale and use of alcohol nationwide. At 6:55 p.m., President Roosevelt signed an official proclamation announcing the nation’s new alcohol policy.
It was clear to the public, and politicians of the day that alcohol prohibition had failed in everything it was trying to achieve. The 18th amendment led to widespread disrespect for the law, black market violence, serious loss of tax revenue, and a drain on police resources.
Here we are again, eighty years later fighting another, equally damaging policy of marijuana prohibition. Unlike the short lived 18th amendment however, our nation’s punitive and disastrous marijuana laws have been in effect for more than 75 years. The longevity of this current prohibition has resulted in exponentially more damage to our society than that caused by the alcohol laws of the 1920’s and early 30’s. Today’s laws have ruined millions of lives and wasted hundreds of billions of taxpayer dollars. It has fueled the black market, contributes to the erosion of civil liberties and continues to line the pockets of criminals and cartels.
Eighty years ago today, our President and 36 states came to the same conclusion: That making something a majority of people perceive as harmless and fun illegal will not make it go away, or solve any problems perceived to be associated with its use. It is about managing public safety by containing the market and managing the user experience. The majority of alcohol drinkers and marijuana users are responsible people who consume in moderation. It is time for our lawmakers to recognize what their predecessors did so many years ago, legalization and regulation is the only sensible solution. Colorado and Washington are pioneering a new policy allowing for the legal, taxable sale of marijuana to adults 21+, and it is only a matter of time before more states follow suit. Through an environment of control, standardization and accountability, both for the individual and the industry, our nation can begin to undo the generations of damage brought on by marijuana prohibition.
The days of marijuana prohibition are numbered and one day, marijuana will take its rightful place alongside alcohol as a legal recreational alternative. One day, we too will be celebrating our very own day of repeal.
Washington: Over 1,300 Applications Submitted So Far By Those Seeking To Operate Commercial Marijuana Businesses
Washington state regulators are presently reviewing over 1,300 applications from would-be entrepreneurs seeking to engage in the state-licensed production and/or sale of cannabis and cannabis-infused products to those age 21 and over. Regulators began accepting applications for licenses in mid-November and will continue accepting applications until December 19.
According to a review of applications by the Seattle Post-Intelligencer newspaper, 635 applications have been submitted by those seeking commercial growing licenses and 461 applications have been submitted by those seeking to produce cannabis-infused products. Two-hundred and thirty applicants are seeking licenses to operate retail cannabis outlets.
Regulators may license the operation of up to 334 marijuana retail stores. There is no limit on the number of commercial cannabis growers or producers that may be licensed. Licensed facilities are anticipated to begin operating in Washington early-to-mid 2014.
In Colorado, regulators began accepting similar applications for commercial cannabis licenses in October. Regulators accepted 136 applications that month from applicants seeking to operate retail marijuana stores — the first of which was approved in late November. Licensed cannabis operations are anticipated to be operational in Colorado on January 1, 2014.
Despite experiencing setbacks when it came to reintroducing marijuana legalization legislation for the 2014 Maine legislative session, efforts are already underway to prepare for 2015. The primary sponsor of the previous marijuana legalization bills in the state, Rep. Diane Russell, and NORML are seeking input regarding the drafting of this legislation. We feel the current draft is well written and accomplishes a number of goals we can all agree on, such as the establishment of retail outlets to sell marijuana to those over the age of 21, allowing for home cultivation, protecting the current medical marijuana program, dedicating tax revenue to establish subsidies to low income patients to help them afford their medical cannabis, implement a reasonable tax structure for marijuana sold at retail, and give deference on retail licenses to those who have held residency in Maine for several years. Below is a message from Rep. Russell, read it over then click the link to read the current bill draft and leave your comments (be polite and constructive!).
I’ve been working hard to draft a responsible bill that balances a variety of stakeholder interests, along with what is politically viable. It is designed to be a rational, pragmatic bill designed to move Maine forward toward ending prohibition.
My goal has always been to pull together the best version I could, and then open it up for public comment this week so everyone can help make it even better. I just wanted to be sure we had a good version of the bill to start from. Just log in with Facebook or Twitter and leave the comments and suggestions for all of us to see. You can start a “new suggestion” in the control box to the right, after you sign in.
It’s yours now.
So here’s the deal. Write whatever you want, suggest whatever you think makes it better. It’s yours to critique, to provide feedback and to comment freely.
All comments received before December 15, 2013 will be aggregated, and I will work to incorporate constructive, realistic feedback into the final bill which I’d like to release early next year.
Some Key Goals:
1. Adhere to the eight guidelines issued by the Department of Justice.
2. Protect patients.
3. Protect our communities and our kids. Would my mom approve? Would yours?
4. Ensure the industry is for Maine people and boosts local economies across the state.
5. Ensure adults could grow at home.
6. Constructively balance the varied interests and concerns coming from often opposing view points
7. Make Mainers Proud.
It’s in your hands now. Make it a better bill!
-Rep. Diane Russell
Want to do more to help bring marijuana legalization to Maine? We encourage all Mainers to check out www.yesmaine.org to review the information there. You can also submit your contact information if you are interested in playing a role in the formation of a Maine NORML chapter. It was with your support we have made the progress in Maine that we have, keep up the hard work and we can finish the job come 2015.
Together, we will legalize marijuana.
Did you know you can do your holiday shopping and support marijuana legalization at the same time?
As we close out of Cyber Monday and enter the full swing of the holiday season, you now have the opportunity help a great cause while doing your online holiday shopping at no extra cost. Every Time you make a purchase through the following websites, a percentage of your purchase price will be donated to the NORML Foundation.
iGive: Sign-up through www.igive.com/norml, download the button and start shopping. There’s over 1400 socially-responsible stores helping to make donations happen.
Amazon: When you shop through Amazon, the Amazon Smile Foundation will donate 0.5% of the purchase price to NORML. Just click here or the link below and start shopping.NORML Foundation
Other ways to help NORML during the holiday season: You can make a tax-deductible contribution to the NORML Foundation via check, credit card or PayPal by clicking here. You can also donate stock options, sign up for corporate gift matching (if applicable) and/or incorporate NORML into your will and estate planning.
The New Jersey Assembly Agriculture and Natural Resources Committee voted 4-1 in favor of Assembly Bill 2415. This legislation would legalize the licensed cultivation of industrial hemp. Members of NORML New Jersey were present to testify in favor of this legislation.
“We commend the Committee for taking a common sense approach to allow the growth of industrial hemp in New Jersey,” stated NORML New Jersey Executive Director Evan Nison, “Our cannabis laws are nonsensical, and few issues embody this more obviously and plainly than the prohibition of industrial hemp. We hope the absurdity of these laws will encourage members of the legislature and the public to reevaluate marijuana laws across the board.”
“The passage of this bill will help pressure the Federal Government to allow farmers to grow industrial hemp, much like nearly all other industrialize counties do, to help our environment and provide another crop for farmers.” Nison continued, “Many members of Congress are already supportive of such reforms, and states showing an eagerness to allow this crop will encourage Congress to get it done. ”
The United States is the only developed nation that fails to cultivate industrial hemp as an economic crop, according to a 2005 Congressional Resource Service (CRS) report. Hemp is a distinct variety of the plant species cannabis sativa that contains only minute (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Farmers worldwide grow hemp commercially for fiber, seed, and oil for use in a variety of industrial and consumer products, including food and clothing. Assembly Bill 2415 would allow New Jersey to authorize a licensed, statewide hemp industry. A2415 now awaits action on the floor of the New Jersey Assembly.
For more information contact Evan Nison, Executive Director of NORML New Jersey at Evan@normlnj.orgNJ: You can quickly and easily contact your elected officials in support of this legislation using NORML’s Take Action Center here.
NORML filed an “amicus curiae” brief with the state supreme appellate court on Friday, November 22, urging the court to enforce the limits on police searches set by 2008′s voter-initiative state decriminalization law, which eliminating police searches and arrests for possession of small amounts of marijuana. Attorneys Michael Cutler of Northampton and Steven Epstein of Georgetown authored the brief.
In this case a Boston judge initially ruled a 2011 police search — based entirely on the smell of unburnt marijuana — violated the “decriminalization” law which made possession of an ounce or less of marijuana a civil infraction subject only to a fine, thereby ending police authority to search or arrest the possessor. The state appealed.
Earlier in 2011 the state supreme court ruled, in a case in which NORML also filed an amicus brief, that police searches based only on the odor of burnt marijuana were now illegal. The court reasoned that smell alone did not establish probable cause to believe a criminal amount (more than an ounce) was present, so police had no power to search or arrest.
NORML asks the court to reject the Boston prosecutor’s claim that federal prohibition — which allows arrest and imprisonment for any amount of cannabis under federal law — trumps the state decriminalization law and allows police to ignore state law and use evidence from smell-based searches in state courts.
NORML argues that state prosecutors and police must obey state law and state appellate court rulings under the state constitution’s separation of powers doctrine, requiring the executive branch to obey the legislative branch’s laws and the judicial branch’s limits on police conduct under state law and the state’s constitution.
Finally, NORML argues that the state prosecutor’s position violates fundamental principles of Federalism, which limit federal “preemption” of state law only where state law “positively conflicts” with federal law. Since the August 2013 federal Justice Department Guidance memo to federal prosecutors nationwide, recommending no interference with state laws legalizing marijuana in a responsible manner, no such conflict exists between federal and state authority.
Oral argument in the case of Commonwealth v. Craan is scheduled for early February, with a decision possible by June 2014.
On Thursday November 21, US law enforcement agents, along with local police officers raided 14 medical marijuana locations around Colorado (including dispensaries, grow warehouses and 2 private residences), making it one of the largest federal raids since the state’s medical marijuana laws went into effect. A search warrant identifies 10 target subjects, noting alleged violations to the latest DOJ memo dealing with state pot laws that contradict federal policy.
On August 29th, the Justice Department issued a memo to federal prosecutors indicating it wouldn’t interfere with legal marijuana businesses that are acting compliance with state law, so long as they strictly adhere to eight specific areas of concern such as preventing distribution to minors and cultivation on public lands. Jeff Dorschner, spokesman for the U.S. Department of Justice in Denver said that “there are strong indications that more than one of the eight federal prosecution priorities identified in the Department of Justice’s August guidance memo are potentially implicated.” Two of those violations appear to include trafficking marijuana outside of states where it has been legalized and money laundering. No arrests have been made in this case as of yet.
Many of the locations raided on Thursday had multiple marijuana-related businesses at a single address. According to the Denver Post, “Investigators believe the businesses that were raided are all “one big operation…[and that] those targeted in the raids had been actively purchasing area dispensaries and growhouses over a sustained period of time.”
Juan Guardarrama, One of the named targets, is known to have a criminal history with potential ties to Cuban and Colombian drug gangs, according to the Miami Herald. In 2012 Guardarrama, who is also referred to as “Tony Montana” from the Al Pacino movie “Scarface,” asked undercover police officers to transport his CO-grown marijuana to Florida and?to?”take out”?his?partner. He pleaded guilty earlier this year in Miami in a racketeering case.
This case clearly has a lot of moving parts, and more information is needed to understand the full scope of the situation. But, if evidence proves that there have been large-scale violations to any of the recent DOJ memo’s eight areas of concern, one can’t be surprised that the federal government would act in accordance to its own guidelines. As more information emerges, the public will get a better understanding of the story and the alleged players involved in this operation.
This morning, the Maine Legislative Council voted 5-5 on whether or not to allow Rep. Diane Russell’s marijuana legalization to be introduced.
A tie vote means the motion has failed and the legislation will NOT be introduced this session. Included in the ranks of those voting “No” was Senate President Justin Alfond, who represents Portland…a city that just overwhelmingly voted to legalize marijuana.
Mainers, please take a moment of your time today to contact your lawmakers at the phone numbers below and tell them:
“I am extremely disappointed with the Legislative Council’s vote this morning on Rep. Diane Russell’s marijuana regulation bill. This issue isn’t just important to Rep. Russell, but to all of us who live in the state. This legislation would have fostered an important discussion on marijuana legalization and laid out a framework for regulation that benefited the people of Maine. The vote this morning is a disservice to the state and the residents these officials are supposed to be representing.”
Please call: Maine Senate President Justin Alfond: (207) 287-1500 and Maine Speaker of the House: (207) 287-1300 to voice your concerns.
The bill would have allowed anyone over the age of 21 to possess up to 2 1/2 ounces of marijuana, cultivate up to 6 plants, and purchase marijuana from established retail outlets. It also contained key provisions in place that ensure individuals with several years residency in Maine and experience as a current medical marijuana dispensaries or caregiver are given priority on business licenses, explicitly leaves the current medical marijuana law in place for patients, and directs tax revenue to help low income patients be able to afford their medicine.
On Thursday, November 21st, the Maine Legislative Council will be voting on whether or not to allow the introduction of LR 2329, a measure sponsored by Rep. Diane Russell (D-Portland) which would legalize the cultivation, possession, and use of marijuana by individuals over the age of 21 in addition to establishing retail outlets to sell marijuana and marijuana products.
It is extremely important that we cross this first hurdle at the Legislative Council tomorrow. We have a very real chance of passing this legislation if it is introduced. This is why we are asking all Maine residents to please take a minute of your time to contact the members of the council and urge them to support the introduction of this legislation.Maine: Click here to contact the Legislative Council in support of LR 2329
Final language will be released soon, but you can see an overview of the legislation below. NORML believes this legislation presents a smart approach on marijuana for the state of Maine. It would allow anyone over the age of 21 to possess up to 2 1/2 ounces of marijuana, cultivate up to 6 plants, and purchase marijuana from established retail outlets. It also has key provisions in place that ensure individuals with several years residency in Maine and experience as a current medical marijuana dispensaries or caregiver are given priority on business licenses, explicitly leaves the current medical marijuana law in place for patients, and directs tax revenue to help low income patients be able to afford their medicine.LR 2329: An Act To Align Maine’s Marijuana Laws with the Guidelines
Governing Taxation and Regulation Issued by the Federal Government
LR2329, “An Act to Align Maine’s Marijuana Laws With the Guidelines Governing Taxation and Regulation Issued by the Federal Government” is presented in light of the remarkable shifts in culture, events and momentum clearly moving Maine toward a model that regulates and taxes marijuana in a similar manner to the way we do alcohol. The Portland voter initiative answered the question for many, “Is Maine ready?”
Now, it’s time for a responsible, pragmatic policy. In short – a Maine approach. Here are some key elements of the bill, as well as the context or rationale where appropriate:
-The policy is focused on the responsible adult market and does not rewrite, recreate or in any way restrict the medical marijuana laws already on the books. Patients will continue to be able to procure medicinal marijuana from their current registered caregiver or registered dispensary provider without disruption. Further, the taxation structure currently in place for patients will remain in place going forward. The bill creates an entirely new chapter of law.
-The bill does allocate 5% of the excise tax revenue to a new fund to help low-income medical marijuana patients afford their medication.
-Adults over the age of 21 are allowed to possess, purchase, and consume cannabis.
-The department will be set up under what is currently BABLO – Bureau of Alcoholic Beverages and Lottery Operations. This department already oversees tightly regulated products and is most capable of overseeing the start-up of a similar set of rules for running a vice business.
-There are four types of licenses: Retail, Cultivation, Products and Testing. The cultivation licenses are divided up into tiers, allowing people to start small and scale up as appropriate to a maximum cultivation facility of 10,000 square feet – or, roughly a quarter of an acre. This addresses concerns about putting “the little guy” out of business.
-To obtain a license under the bill, applicants must have been a resident of Maine for a minimum of two years. This ensures that Maine people benefit from the industry directly.
-There will be a 10% sales and 15% excise tax with a minimum excise tax of $1.50 per gram.
-The revenue allocations include, but are not limited to: public school construction, addiction treatment services, youth marijuana prevention, Drugs for the Elderly, research, underage sales prevention, increased number of Drug Recognition Experts (DREs), Fund for a Healthy Maine, liquor and marijuana inspectors, etc.
-One of the key requirements from the DOJ was to avoid diversion, either to minors or to out-of-state locations where cannabis remains illegal. Further, they seek to stop rewarding cartels and drug dealers. The best way to meet both of these concerns is to ensure supply meets demand. If there is too much supply, the product will be diverted. If there is too much demand, dealers will step in. By extrapolating market data, we have estimated the production capacity should be a total of about 400,000 square feet to meet demand. We have authorized the bureau to allocate licenses at their discretion based on the number of applicants.
-Colorado is experiencing difficulties in setting up its regulatory structure because they did not set aside revenue for the process, and their licensing fees have not met the revenue needs. LR2329 gives discretion to the bureau to determine the cost for setting up the program, and adjusting application and licensing fees to ensure they have adequate resources to do so responsibly.
-Youth prevention is a big issue for the Coalition, but also for addiction counselors and law enforcement. The bill includes restrictions on advertising, strict guidelines against furnishing to minors, security requirements for farmers, and the creation of a funded Youth Marijuana Prevention advisory council. The Council’s primary objective will be to reduce youth consumption of marijuana throughout Maine.
-The bill authorizes “home grow,” a popular expectation for individuals – and a check against industrial marijuana. Municipalities may sell twist tie tax stamps to adult consumers who must attach the tie to the plant demonstrating they have the right to grow it. This does a few things. It allows individuals 21+ to do so while providing an easy way for law enforcement to know whether the plant in question is legal. Further, it ensures revenue for the state. The home cultivation license would prohibit the licensee to sell their product. We also outlined specific notifications that must be presented to the licensee, ensuring they are aware of their obligations and responsibilities under the law.
-At every opportunity, we have worked to protect the civil liberties of individuals who naturally fear reprisal from the federal government should policies change.
-There is no referendum in this bill.
John Hanger is currently pursuing the Democratic nomination in the Pennsylvania gubernatorial race and has made marijuana law reform a central plank in his platform. He has released a three step plan for marijuana law reform that advocates for medical marijuana and decriminalization immediately upon taking office in 2015 and to move to full legalization by 2017.
At the press conference, NORML Communications Director Erik Altieri stated, “Hanger is the only candidate who isn’t afraid to openly discuss and campaign on a platform that calls for widespread reform of Pennsylvania’s marijuana laws. Since the start of his campaign, John Hanger has been a passionate and outspoken advocate of ending Pennsylvania’s war on marijuana and moving the state towards a smarter approach.”
In an interview with NORML conducted earlier this year, John Hanger stated his belief that marijuana law reformers can elect the next governor. “We can win this issue in May 2014, by my winning that primary,” Hanger said, “It will shock the political establishment and accelerate the changing of the laws by years in Pennsylvania and around the country. I believe Pennsylvania is seen as a bellwether. If marijuana reform can win in Pennsylvania, it can win anywhere.”
VOTER NOTE: Since the Republicans are running current governor Tom Corbett for reelection, there will only be a Democratic primary in this election which will be held in May 2014. To vote in this primary, you must be registered Democrat. You can change your party affiliation, then change it back, at any time by sending in a new voter registration application and marking “Change of Party” where given the option. More information on Pennsylvania voting can be found here.
Survey: Most Americans Say It Is “Unacceptable” For An Employee To Be Fired For Their Off-The-Job Marijuana Use
Nearly two-thirds of Americans disagree with workplace policies that allow employers to sanction an employee for his or her off-the-job consumption of cannabis, according to a just released HuffPost/YouGov poll.
Sixty-four percent of the poll’s respondents, including 62 percent of self-identified Republicans, said that it is “unacceptable for a company to fire an employee for using marijuana during his or her free time” if the employee resides in a state that has legalized the plant’s adult use. An equal percentage of respondents similarly said that it would be unacceptable for an employer to fire an employee for after-hours drinking.
Only 22 percent of respondents said that it is acceptable for employers to fire workers who consume cannabis legally after-hours.
To date, the Supreme Court of three separate states — California, Oregon, and Washington — have all similarly ruled that an employee who uses cannabis legally while off the job can still be sanctioned by their employer.
Forty-five percent of respondents in the HuffPost/YouGov poll agreed that it should always be unacceptable for an employer to sanction an employee for his or her off-the-job marijuana use, even if the use took place in a state that classifies cannabis as illegal.
Conventional workplace drug tests detect the presence of inert drug metabolites, non-psychoactive by-products that linger in the body’s urine well after a substance’s mood-altering effects have subsided.
The HuffPost/YouGov poll surveyed 1,000 adults and possesses a margin of error is +/- 4.8 percent.
The results of a first-of-its-kind worldwide survey of nearly 1,000 medicinal cannabis consumers shows that most patients prefer their medicine in the way that nature, not Big Pharma, intended it to be.
Investigators from Canada, Germany, the Netherlands, and the United States conducted a web-based survey consisting of 21 structured questions to assess patients’ perceptions of different types of cannabinoid-based medicininal products as well as their preferred modes of consumption. Over 950 subjects participated in the survey.
The study’s findings appear in the Journal of Psychoactive Drugs.
Overall, subjects said that herbal cannabis preparations were more cost-effective and posed fewer side-effects than cannabis-derived pharmaceuticals. Participants also reported greater satisfaction with inhaled (via either smoking or vaporizing) forms of cannabis products as compared to oral dosing.
“In general, herbal non-pharmaceutical CBMs (cannabinoid-based medicines) received higher appreciation scores by participants than pharmaceutical products containing cannabinoids,” the study concluded. “[O]ur data suggest that overall there is good satisfaction with whole plant preparations that are affordable and administered in an inhaled manner, or in the form of a tincture.”
An abstract of the study, “The Medicinal Use of Cannabis and Cannabinoids — An International Cross-Sectional Survey on Administration Forms,” appears online here.
Three localities in Michigan (Ferndale, Jackson, and Lansing) all voted in support of marijuana legalization today by huge margins. The three areas had similar proposals to remove criminal and civil penalties for personal possession of up to 1 ounce of marijuana.
Ferndale won by the largest margin with 72% of voters approving the measure. Jackson approved their ordinance with 61% support and only 39% opposed and Lansing passed theirs with 63% support. (Note: Official final vote tallies will be updated when they come in.)
“These votes in Michigan, along with the resounding vote in Portland, Maine illustrate that not only are the American people considering moving towards legalization of marijuana, they overwhelmingly are demanding it,” stated NORML Communications Director Erik Altieri, “Politicians must open their eyes to the political reality that legalization has arrived and is supported by a massive majority of voters. If they continue to drag their feet on the issue, we will take it to the people wherever possible, and we will win.”
Supporters of Portland’s Question 1 claimed victory tonight, celebrating their work to make Portland the first city on the East Coast to legalize possession of up to 2.5 ounces of marijuana for adults over 21. Question 1 was approved by about 70% of the vote, with only around 30% voting in opposition.
“Volunteers have been working tirelessly to make Portland the first city on the East Coast to legalize marijuana for adults, and tonight we celebrate,” said Rep. Diane Russell. “This is truly a victory for science, for common sense and for liberty.”
Earlier this year, Russell’s bill, “An Act to Tax and Regulate Marijuana” earned itself 35 co-sponsors, but fell just four votes short in the Maine House of Representatives. Since that time, the Department of Justice has released guidelines allowing states to move forward with regulating marijuana in a similar manner to alcohol. The populist Portland vote is seen as a litmus test of momentum for replacing prohibition with alcohol-style regulation.
“We already successfully regulate marijuana for medical use and, with tonight’s vote, it’s now clear Mainers are ready to move forward responsibly regulating all adult marijuana sales. We are calling on city officials to respect the will of the voters, and state leaders to get ahead of this issue with a Maine approach to taxing and regulating this commodity, much like we do alcohol,” said Russell. “It’s time to stop rewarding drug cartels and start rewarding responsible business owners, while funding important state priorities with new tax revenue.”
“We hope this resounding vote in Portland sends a loud and clear message, not just to lawmakers in Augusta, but lawmakers nationwide,” stated NORML Communications Director Erik Altieri, “We the people are ready for marijuana legalization and it is well past time for legislators to listen to their constituents and push for an end to the failed policy of prohibition.”
NORML and Representative Russell are still working to have statewide marijuana legalization statewide in 2014.
One’s eyes rarely lie or distort reality. So when walking by my favorite newspaper stand in downtown Washington, D.C. last night another clear political tea leaf revealed itself about the increasing acceptance in America for ending cannabis prohibition when I spied the competing covers for the most recent editions of The Nation and Reason Magazine.
Both magazines are populated with interesting and though-provoking pieces about ending cannabis prohibition, the coming commerce in cannabis post-prohibition and ‘liberal guilt’ for supporting the war on some drugs.
Today, voters across the nation head to the polls to cast their ballots in a number of state and local elections. While there are no statewide marijuana initiatives this year, that doesn’t mean some Americans won’t have the chance to vote in favor of sensible marijuana law reforms.
In Portland, Maine, Question 1 will appear on the ballot. This measure would remove all criminal and civil penalties for possession of up to 2.5 ounces of marijuana within the city. No arrest, no fine, no crime. NORML encourages all Portland residents to get out and vote YES on Question 1.
Three areas in Michigan will also be voting on local marijuana legalization initiatives. Lansing, Ferndale, and Jackson will be voting on measures to legalize the private adult possession of up to 1 ounce of marijuana in those locations. NORML encourages voters in these cities to get out and vote YES on these efforts.
Below is a statement from NORML PAC on the endorsements it has made in this year’s races:
18th Legislative District State Senate – Assemblyman Peter Barnes: “NORML PAC is endorsing Assemblyman Peter Barnes in his campaign for a seat in the state Senate representing the 18th Legislative District. Assemblyman Barnes has been a strong supporter of medical use as well as marijuana decriminalization during his tenure in the Assembly and we believe he will prove a strong advocate for reform issues should he be elected to the Senate. Meanwhile, his opponent, East Brunswick Mayor David Stahl, oversaw an over 35% increase in marijuana arrests in his city from 2010-2012. For these reasons, NORML PAC is endorsing Assemblyman Barnes for state Senate.”
15th Legislative District State Assembly – Assemblyman Reed Guscoria: “NORML PAC is pleased to endorse Assemblyman Reed Guscoria in his campaign for reelection to the New Jersey State Assembly. Assemblyman Guscoria has been a vocal advocate for reforming New Jersey’s marijuana laws, from drafting the original NJ medical marijuana legislation, being the primary sponsor of the NJ Assembly’s marijuana decriminalization bill, and continuing to push for sensible reforms to New Jersey’s medical marijuana program to make it workable for patients.
Assemblyman Guscoria has been an important leader pursuing reforms that roll back the senseless and destructive prohibition on marijuana and move New Jersey towards a policy that is smart on crime and compassionate towards the state’s patient population. ”
Mayoral Election – Steve Berke: “NORML PAC is pleased to endorse Steve Berke in his campaign for mayor of Miami Beach. Steve has been a tireless advocate for reforming marijuana laws and has used his campaign and platform to educate the public about the failures of marijuana prohibition and the necessity of pursuing a new policy. We believe that during his mayorship, Steve Berke would be an excellent spokesman for advancing the conversation around ending our country’s war on cannabis consumers, as he has already done for many years outside of elected office. Steve Berke believes strongly in reforming our current laws and moving towards a system of legalization and regulation, for these reasons NORML PAC supports his candidacy for mayor.”
As we mentioned here previously, NORML has worked with Representative Diane Russell in Maine to draft and prepare for introduction a measure that would have legalized and regulated the adult use of marijuana in the state. The proposed legislation would have legalized the possession of up to 2.5 ounces of marijuana and the cultivation of up to 6 plants by individuals over the age of 21. It would have established marijuana retail outlets and cultivation sites across the state to create an aboveboard regulated market. To ensure that both those with experience and those with strong ties to the state of Maine were given priority, applicants who are already operating in Maine’s medical program and applicants with 2 or more years residency in the state were to receive the right of first refusal for retail licenses.
To be introduced, the measure had to be approved by Maine’s Legislative Council and was on track to do so until today. At the last minute, monied corporate interests representing established medical marijuana dispensaries came in and managed to flip one of the votes necessary to approve the bill for introduction. Their complaints were vague and they made the claim they were not invited to the table, despite the legislation being drafted to provide them with priority status when it came to applying for retail licenses. In truth, they walked away from the very table they said they were not invited to. In addition to providing deference to both medical dispensaries, registered caregivers, and applicants with real ties to the state, 5% of the taxes raised from the sales of retail marijuana would have gone to help low income patients who are suffering in Maine by subsidizing the cost of their medical cannabis.
“Today, corporate and profit-driven interests shunned Maine’s economic future and shut down the prospects of a new bill to regulate marijuana,” stated Representative Diane Russell, “For the record, 5% of tax revenue from the new bill would have gone to ensuring low income Mainers could afford their medical marijuana. Profits seem to be more important than patients – and that’s just wrong.”
With pressure from those with vested interest in maintaining the status quo, this proposed legislation ended up falling one vote short of what was required for its introduction, although we had enough votes.
Maine Residents: Please, take a moment of your day to contact Maine’s Legislative Council using our form linked below and let them know you disagree with their decision. The time is overdue for Maine to move towards a regulated system that puts the interests of Mainers before the interest of profits.CLICK HERE TO CONTACT MAINE LEGISLATIVE COUNCIL
Very Disappointing: Please Reconsider LR 2329
I am writing to express my disappointment with the Maine Legislative Council for failing to approve Representative Diane Russell’s proposed legislation that would have legalized adult possession and limited cultivation of marijuana, while regulating its retail sale similar to how our state currently regulates alcohol.
For those who voted in support of Rep. Russell’s bill, I sincerely thank you. For those who voted in opposition to it, I write to respectfully request you reconsider your vote. I’ve outlined my reasons below and hope you will give serious consideration to the growing number of Mainers who want a Maine approach to marijuana policy.
Next Tuesday, Portland will be voting on a citizen referendum to legalize cannabis for adults. If this ordinance passes, there will be no vehicle to channel the growing momentum for legalization toward a constructive end. When 58% of Americans support replacing prohibition with regulation, the issue is no longer coming – it’s here. Regardless of the vote next week, we should be actively working to get ahead of this issue in a responsible, open manner.
Mainers are quickly realizing that prohibition has failed to protect kids. In fact, more than 80 percent of high school seniors attest to the federal government that they have easy access to marijuana – that statistic has remained constant for nearly four decades.
Further, Mainers are twice as likely to get arrested for possession if they are African American; York county residents are five times as likely. In 2010 alone, Maine arrested over 2,800 individuals for simple marijuana possession. The cost of enforcing these laws comes with an annual bill in excess of 8.8 million dollars a year, while doing nothing to create safer communities or dissuade use. Further, this system has only incentivized drug dealers and cartels who are currently profiting off prohibition.
This legislation was written with safe guards in place to give priority to in state residents and current medical marijuana dispensary operators when it comes to the distribution of retail licenses. Additionally, it would have taken the marijuana trade out of the hands of black market criminal elements and put it under the control of legitimate regulated business owners – from Maine – while raising substantial tax revenue for the state. The bill funded the hiring of new Drug Recognition Experts to help enhance highway safety, Drugs for the Elderly, addiction treatment, medical marijuana for low income people, and the launch of a marijuana youth prevention task force.
In short, this was a Maine approach to responsibly addressing a growing cultural shift. I ask you to reconsider this vote, and allow a new bill to move forward that truly reflects the direction Mainers want to go on this issue.
“There’s an air of cognitive dissonance about it, that a woman, especially a nurturing, professional woman, could both smoke pot and not be Jim Breuer in Half Baked was, to many, a revelation.” Emily Dufton, The Atlantic (10/28/13)
Emily Dufton does an excellent job identifying the cultural challenges and social setbacks that are experienced by female cannabis consumers on a regular basis. The issue of women and weed has become a hot topic recently, and being on the forefront of this push for female engagement has been nothing short of fascinating. The emergence of independent, mainstream professional women becoming more outspoken about their cannabis use has prominently challenged traditional stereotypes, and started the long-overdue process of reframing gender norms. As marijuana goes mainstream, its cultural connotations will continue to evolve. In return, more women will feel comfortable coming out of the cannabis closet.
A little over 4 years ago, I wrote an aptly named blog; Because Women are NORML Too, in response to the overwhelming interest to Marie Claire’s famous Stiletto Stoners article. In that post, I noted, “The normalization of recreational cannabis consumption is not just happening with men, which is what most people think of when they think of pot smokers. Women, who are not necessarily left out of the movement, are rarely recognized as a major demographic that is essential for the reform effort to push forward in a truly legitimate fashion.” It’s amazing to see how far we’ve come.
Since then, there has been a major effort on behalf of NORML and the movement to identify and close the gender gap. Reformers are acutely aware that in order to succeed in ending blanket prohibition, female outreach has to be a key component to their advocacy work. Women, a significant demographic were largely responsible for bringing down California’s Proposition 19, but were also a key factor in the passage of Washington and Colorado’s legalization initiatives in 2012. In fact, campaigners in Colorado and Washington spent a significant amount of time and resources cultivating the female vote. Though a gender gap still exists nationwide, it is shrinking, fast.
While great strides have been made culturally and politically, there still remains a great deal of curiosity and intrigue surrounding female cannabis consumers. Many want to know, who are these women who smoke pot? Why do we smoke pot? Is it because we are sick or in pain, need a crutch or because we simply want to relax with a substance that has less side effects than alcohol? Why don’t more of us speak out about it? Why aren’t there more women leading the fight? Can a responsible mom still smoke pot? It’s truly amazing how a single chromosome can alter the entire construct and perception of a certain behavior. One can write volumes on each of these questions, but the interest clearly comes from the disconnect of deeply rooted gender norms regarding women, intoxication, and our various roles in society. Many of these abstract components have been mulled over time and again by different authors and publications. But if we look at our current policies, some of these questions are answered in very real terms.
For example, a mother who chooses to unwind with a joint after her child has gone to bed is no more a danger to her child than one who chooses a glass of wine. Yet, our laws say otherwise. A mother who smokes pot is in constant danger of losing her children because child protective services maintain the false presumption that this behavior (or the mere presence of pot) poses a threat to the child’s safety. This is just one example of how the culmination traditional gender norms and our current marijuana policies play a real and tragic role in our society. The proliferation of government agencies across the country removing children from safe, loving homes for the mere fact that a parent is a cannabis consumer, even in states with a legal medical marijuana program, or where marijuana possession is no longer a criminal offense is not just an abstract discussion, but a tangible, legal issue that requires immediate attention and an expedited solution. Support for marijuana legalization is higher than ever before, and as the political winds change, so too will the scope of the marijuana culture. Women, and our relationship with marijuana will have political and social implications for years to come, and it is therefore up to us to make sure we take a leading role in defining what those outcomes will be.
The initiative, Question 1, would remove all criminal and civil penalties for adults possessing up to 2.5 ounces of marijuana. This means no arrest, no criminal record, no citation, no fine. We know we can win on Election Day and pass this initiative, which would send a clear message down the East Coast that the people in this region are ready to move forward on legalizing marijuana.
You can help make that victory a reality. Our allies at Just Say Now have launched an online phone banking tool which allows anyone across the country to log in and begin calling Portland voters to encourage their support for the issue. A script and talking points will be provided and you can help us by making as many calls to voters as you can, any amount helps inch us closer to the finish line.
Click here to sign up and begin calling Portland voters in support of Question 1 today!
Vote Yes on Question 1, Legalize Marijuana in Portland.
Reported this week in the Daily Herald:
Community banks and credit unions are ready and willing to provide financial services to entrepreneurs in the state’s new legal pot industry. But they aren’t able to, at least not yet.
Marijuana businesses, even ones that will soon be legally licensed in this state, are considered criminal enterprises under federal law, which makes handling their money a crime in the eyes of the Department of Justice.
Until the agency changes its outlook or Congress changes the law — and efforts are under way to do both — those getting into the pot business can’t open a bank account, secure a line of credit or obtain a loan from a federally insured financial institution in their neighborhood.
Fortunately, there is already a bill Congress could act upon to resolve this issue. Earlier this year, Representatives Ed Perlmutter (CO-07) and Denny Heck (WA – 10), along with a bipartisan group of 16 other Republicans and Democrats, introduced legislation that would reform federal banking laws relating to marijuana businesses. HR 2652: The Marijuana Business Access to Banking Act of 2013 updates federal banking rules to resolve conflicts between federal and state laws and would allow marijuana businesses acting in compliance with state law to access banking services.
Under current federal banking laws, many legal, regulated legitimate marijuana businesses that follow state law are prevented from opening bank accounts and operating as any other businesses would, which could ultimately lead to crime such as robbery and tax evasion in addition to the already onerous burden of setting up a legitimate small business.
Please take a minute of your time today to utilize NORML’s Take Action Center to contact your elected officials and urge them to support this important legislation. You can do so by clicking here.