Gov. Kitzhaber

On June 25, the Oregon Legislature sent two bills that would make sensible changes to Oregon’s marijuana laws to Gov. Kitzhaber for his approval. If enacted, these proposals would reduce the severity of the punishment for certain marijuana crimes. SB 40 would reduce the penalties for possession of marijuana. Possession of under an ounce of marijuana is currently punished by a civil violation. This bill reduces the criminal penalty for possession of between one and four ounces, as well as the penalty for possession of more than four ounces. If you are an Oregon resident, please ask the governor to support these reasonable changes. SB 82 would eliminate the requirement to suspend a person’s driver’s license if he or she is found in possession of under an ounce of marijuana. Possession of under an ounce is not a criminal act in Oregon; it makes no sense to add draconian measures like suspension of driving privileges for the non-violent act of simple possession. Urge Gov. Kitzhaber to end this heavy-handed practice.

Two pieces of legislation that will make changes to the state’s medical marijuana program have passed the Hawaii Legislature. Both of these bills found their way out of their respective conference committees and were approved of with bipartisan support. 

H.B. 668, C.D. 1 transfers jurisdiction of the medical marijuana program from the Department of Public Safety to the Department of Public Health and creates a “Medical Marijuana Registry Fund” to administer the program. This noncontroversial measure means that health professionals – as opposed to law enforcement – would have control of the program. The departments are already working on the transfer, which must take place before January 1, 2015.

S.B. 642, C.D. 1 amends the medical marijuana program. The amount of usable marijuana a patient may possess is increased from three to four ounces, and the mature/immature definitions have been removed allowing patients to have seven plants at any stage. Unfortunately, the bill would also change the law to only allow a patient’s primary care physician to recommend medical marijuana. If signed, it will not take effect until January 2, 2015, and advocates will work to fix this.

If you live in Hawaii, ask Gov. Abercrombie to sign H.B. 668, C.D. 1, approving the transfer.

Earlier today, a bipartisan group of Minnesota state lawmakers joined patients and advocates from Minnesotans for Compassionate Care for a news conference at the state capitol to announce the introduction of a bill that would allow people with serious illnesses to access and use medical marijuana if their doctors recommend it.

Rep. Carly Melin

Rep. Carly Melin (DFL-Hibbing) introduced HF 1818 in the House, and Sen. Scott Dibble (DFL-Minneapolis) introduced the companion – SF 1641 – in the Senate. Both bills have the maximum number of sponsors allowed – 35 in the House, including 12 committee chairs, and five in the Senate, including two committee chairs. If you live in Minnesota, please email your state senator and representative and ask them to support HF 1818/SF 1641.

Eighteen states and the District of Columbia already allow seriously ill residents to use medical marijuana with their doctors’ recommendations, and 65% of Minnesotans support a compassionate medical marijuana law. Urge Gov. Dayton to join this growing majority.

The Hawaii House of Representatives will soon vote on legislation that downgrades the penalty for possession of up to 20 grams of marijuana to a civil violation punishable by a $100 fine.

The Senate has already passed its own version of this bill. Should the House approve S.B. 472, HD 1, a conference committee will be appointed to work out differences in the legislation before passing a final version on to Gov. Neil Abercrombie.

If you are a Hawaii resident, let your representative know that possessing a substance that is safer than alcohol doesn’t warrant a criminal record and possible jail time.

Gov. Lincoln Chafee

As of yesterday, April 1, 2013, possession of up to an ounce of marijuana is no longer subject to an arrest, a criminal charge, or the threat of jail time under Rhode Island law! Thanks to legislation sponsored by Sen. Josh Miller and Rep. John “Jay” Edwards and signed into law by Gov. Lincoln Chafee, individuals found in possession of up to an ounce of marijuana will now be given a civil citation of $150. Those under 18 will also have their parents notified and will be required to attend an alcohol and drug education course and perform community service. Third and subsequent violations within 18 months are still grounds for a misdemeanor.

This MPP-led effort is yet another step towards rational marijuana policy. Until marijuana is regulated and taxed similarly to alcohol, sales will remain uncontrolled, and they will continue to prop up drug cartels instead of legitimate Rhode Island businesses. Repealing criminal penalties for marijuana possession slows the bleeding, but repealing marijuana prohibition will heal the wound.

If you are a Rhode Island resident, please email your lawmakers and urge them to support the Marijuana Regulation, Control, and Taxation Act.

Sen. Chuck Winder: Don’t even THINK about reform!

Senate Concurrent Resolution 112 (PDF) is set for a final vote on the Idaho House floor. Already approved by the Senate, if passed it would officially proclaim that the current Idaho Legislature opposes marijuana legalization “for any purpose.” What a curious way to spend their time and residents’ tax dollars considering a February 2011 poll found that nearly three quarters of Idahoans favor allowing “terminally and seriously ill patients to use and purchase marijuana for medical purposes.” Apparently, the author of the bill, Sen. Chuck Winder (R-Boise), thinks reform is a problem and he wants none of it in Idaho.

If you are an Idaho resident, please urge your representative to stop wasting your money on uncaring resolutions.

The good news is – even if passed – this resolution can’t stop the will of the people from prevailing. In fact, the group Compassionate Idaho has just released a new petition to place a medical marijuana initiative on the November 2014 ballot! If they gather enough signatures by April of next year, the voters will be able to teach their lawmakers a thing or two about compassion.

Mercy: Compassionate treatment, especially of those under one’s power

Media outlets reported yesterday that the Minnesota Vikings are trading all-pro wide receiver Percy Harvin to the Seattle Seahawks. Based on Harvin’s history, it is almost as if fate is telling the NFL it is time to change one of its most unjust and irrational policies.

Percy Harvin (AP)

It’s no secret that Percy Harvin has used marijuana. Percy tested positive for marijuana at the 2009 NFL combine, which was the reason why he was selected late in the first round instead of being a high pick. It’s also no secret that Percy – like many of us – suffers from severe migraines. Many have speculated that Percy used marijuana to treat these notoriously untreatable and unbearable headaches. In fact, Percy missed significant game and practice time with the Vikings due to migraines once he was forced to abstain – due to NFL rules (PDF) – from using marijuana as a treatment option.

Percy is now on his way to Washington, where this past November, voters made the use of marijuana legal for all adults 21 and over. Percy is now free, under state law, to use marijuana in the privacy of his own home. It is a right he should be able to enjoy as a citizen.

The NFL, as we all know, is an organization flush with advertising and sponsorship money from the alcohol industry. It is time for the league to stand up to its alcohol masters and reverse its policy that punishes players who simply choose to use a far less harmful substance.

“DON’T book ‘em, Danno.”

Tuesday, the Hawaii Senate unanimously voted to approve a decriminalization bill, sending it to the House of Representatives. S.B. 472, SD 1, would replace Hawaii’s current criminal penalties — including possible jail time — for possession of up to an ounce of marijuana with a civil fine of $1,000. The bill originally called for a fine of $100, but it was amended up in committee.

If you live in Hawaii, please email your representative and ask that she or he work with marijuana policy advocates to bring the fine back down to a more reasonable level and craft a bill that will be agreeable to all parties.

While the Senate was passing S.B. 472, SD 1, the House was also approving legislation to improve Hawaii’s marijuana policies. The House passed H.B. 667 (allowing out-of-state patients and making other improvements) and H.B. 668 (transferring the medical marijuana program from the public safety department to the health department). The two bills now move to the Senate for committee hearings.

The Rhode Island House Judiciary Committee convened this evening to take testimony on H 5274, the Marijuana Regulation, Control, and Taxation Act. This bill, sponsored by Rep. Edith Ajello, would end Rhode Island’s marijuana prohibition, replacing it with a system in which marijuana is taxed, regulated, and sold in a manner similar to alcohol.  This is now the third session in a row that the Marijuana Policy Project has teamed with legislative champions like House Judiciary Chair Edith Ajello, community advocates, and allied policy organizations to make the case that marijuana should be regulated like alcohol, a far more dangerous substance. And for the third year in a row, I was so honored to be in Providence to participate.

Members of the Coalition for Marijuana Regulation testify in support of H 5274

Study after study shows that marijuana is objectively less harmful than alcohol, both for the consumer and the community. For instance, alcohol use is a major factor in many violent crimes and risk of injury to the user; the same is not true for marijuana use. It makes little sense to punish adults who choose to use the safer substance.

Where prohibition fails at prevention of use and abuse, it succeeds at enriching and empowering criminals and cartels. Whether we like it or not, marijuana is and, for decades has been, an in-demand commodity. By prohibiting marijuana, Rhode Island gift-wraps a lucrative, tax-free market to criminal enterprises and drug gangs, putting consumers at risk by exposing them to these harmful people. Since marijuana is illegal, the individuals and organizations that illegally profit are unable to rely on our judicial system to step in and resolve business disputes. This often leads to violence that affects not just the criminals, but our broader communities as well.

Residents of Rhode Island explained how prohibiting marijuana starves Rhode Island of potential tax revenue that could be used to fund vital projects. Marijuana prohibition fails spectacularly at preventing use, but it succeeds in making sure our state and local governments are prevented from collecting revenue off sales. Ending the prohibition will allow Rhode Island to collect sales tax on the purchase of marijuana by adults 21 and older. The particular bill in question also imposes an excise tax of $50 an ounce at the wholesale level. This is real money that Rhode Island can use for good and necessary programs. For instance, under the provisions of the bill, 40% of revenue raised from marijuana sales will go to fund programs for the treatment of alcohol and drug abuse.

Committee members also heard from concerned parents and grandparents about the need to start treating marijuana use for what it is: a matter of public health, not public safety. Rhode Islanders don’t want their children to use marijuana, and we agree with them. But Rhode Islanders also know that marijuana prohibition creates an environment that puts their children at a greater risk than marijuana as a substance ever could. It’s true that we can’t prevent all instances of youth use in Rhode Island, but we can and should address the harms associated with use under prohibition. Prohibition ensures that individuals who have no qualms about breaking the law monopolize the market. Naturally, some of these individuals will have other more harmful drugs available. Regulations ensure that marijuana, and only marijuana, is sold by accountable businesses who card before sales.

We’ve tried prohibition, and it’s failed. No matter how much marijuana law enforcement confiscates, no matter how many individuals they lock up for selling marijuana, and no matter how many users they cite for possession, supply and demand remain. There are many, many reasons to support ending marijuana prohibition, but really no good reason to keep it around. Despite the logic, it will still take time and patience before we can replace prohibition with a system that allows responsible adults to choose to use marijuana in private. Many, many, thanks are in order for Rebecca McGoldrick, Michelle McKenzie, Hillary Davis, Jared Moffat, Beth Comery, and everyone else from the Coalition for Marijuana Regulation who showed up in support. Special thanks to our legislative champion, Chair Ajello, as well as to Minority Leader Newberry and all of their supportive colleagues in the House. What a day!

As you might have read or heard, a state representative in North Carolina killed a medical marijuana bill yesterday because he felt he and his colleagues were being “harassed” based on the volume of emails and calls they were receiving in support of the legislation.

This is unacceptable. Our democratic process depends on citizens reaching out to their elected representatives to let them know where their constituents stand on the issues. Not only is this type of civic engagement appropriate, it should be encouraged. If anything, such a high volume of calls and emails in support of the medical marijuana bill should be considered a sign that this is an issue worthy of public debate.

Please send a message to Rep. Paul “Skip” Stam asking him to apologize for equating calls and emails from constituents to being “harassed,” and requesting that he call for a hearing regarding medical marijuana. 

Despite what Rep. Stam said, elected officials need to hear from their constituents. This is a perfect opportunity to let him know that, so please take action today.