State & Local Legislatures
Marijuana: New Hampshire House Passes Decriminalization Bill, But Without Veto-Proof Majority
The New Hampshire House Wednesday voted 214-137 to decriminalize the possession of small amounts of marijuana, but the measure faces an uncertain future after Gov.
Marijuana: Hawaii Senate Passes Three Different Reform Measures
On March 2, the Hawaii Senate overwhelmingly approved three separate marijuana reform measures, two relating to medical marijuana and one that would decriminalize the possession of up to an ounce.
Prisoner Reentry: New Mexico Becomes Second State to Ban Criminal History Queries in Public Job Applications
Gov. Bill Richardson (D) Monday signed into law a bill that removes one obstacle to employment for people with criminal convictions.
Marijuana: New Hampshire House Passes Decriminalization Bill, But Without Veto-Proof Majority
Posted in Chronicle Blog by Phillip Smith on Wed, 03/10/2010 - 7:13pmThe New Hampshire House Wednesday voted 214-137 to decriminalize the possession of small amounts of marijuana, but the measure faces an uncertain future after Gov. John Lynch (D) immediately threatened to veto it. The House tally leaves supporters about 20 votes short of a veto-proof majority.
Under the bill, HB 1653, adults caught possessing or transporting up to a quarter-ounce of pot would be subject to a $400 fine. Minors caught with a quarter-ounce or less would be subject to a $200 fine and their parents would be notified. Youthful offenders would also have to complete a drug awareness program and community service within a year or face an additional $1000 fine. Under current New Hampshire law, small-time pot possession is a misdemeanor punishable by up to a year in jail and a $2,000 fine.
The House passed a similar measure in 2008, but it died in the Senate after Gov. Lynch threatened to veto it. Last year, the House dropped decrim and instead concentrated on passing a medical marijuana dispensary bill. Lynch vetoed that. The House overrode his veto, but the Senate came up two votes short.
Lynch was back in form on Wednesday. "Marijuana is a controlled drug that remains illegal under federal law. I share the law enforcement community's concerns about proliferation of this drug," Lynch said. "In addition, New Hampshire parents are struggling to keep their kids away from marijuana and other drugs. We should not make the jobs of parents — or law enforcement — harder by sending a false message that some marijuana use is acceptable."
“This makes three years in a row that the House has passed a bill attempting to reform New Hampshire’s archaic marijuana policies,” said Matt Simon, executive director for the New Hampshire Coalition for Common Sense Marijuana Policy, which led the lobbying fight for the bill. “Unfortunately, Gov. Lynch has continued to show little interest in learning what the House has learned about these issues.
The bill now goes to the Senate. But unless advocates can pass it overwhelmingly there and come up without another 20 or so votes in the House, it is likely to meet the same fate as the 2009 decrim bill and last year's medical marijuana bill.
Press Release: New Hampshire House Passes Bill to Reduce Penalties for Marijuana Possession
Posted in In the Trenches by David Guard on Wed, 03/10/2010 - 5:50pm
FOR IMMEDIATE RELEASE
MARCH 10, 2010
New Hampshire House Passes Bill to Reduce Penalties for Marijuana Possession
Nearly 61% of House Members Vote in Favor
CONTACT: Matt Simon, NH Coalition for Common Sense Marijuana Policy…………………(603) 391-7450
CONCORD, NEW HAMPSHIRE – The New Hampshire House of Representatives today voted, as it did in 2008, to reduce the penalty for possessing one-quarter ounce or less of marijuana. House Bill 1653 passed by a 214-137 vote. Previously, the bill had been recommended “out to pass” in a 16-2 vote by the House Criminal Justice and Public Safety Committee February 11.
“This makes three years in a row that the House has passed a bill attempting to reform New Hampshire’s archaic marijuana policies,” said Matt Simon, executive director for the New Hampshire Coalition for Common Sense Marijuana Policy. “Unfortunately, Gov. Lynch has continued to show little interest in learning what the House has learned about these issues.
In 2008, a measure similar to HB 1653 passed the House in a 193-141 vote, and last year a bill allowing marijuana for seriously ill patients passed the House and Senate before being vetoed by Gov. Lynch.
Advocates stressed that the proposed policy would continue to discourage marijuana use, especially by those under 18, who would be required to complete a drug awareness program and community service if caught with less than one-quarter ounce of marijuana.
“This bill doesn’t make marijuana legal for anybody,” Simon said. “It just reduces the penalty and ends the wasteful practice of clogging up our criminal justice system with people whose only ‘crime’ is possessing small amounts of marijuana.”
Rep. Joel Winters (D-Manchester) supported the bill in the floor debate. “Passage of this bill will simply mean we’ve gotten smarter—that police can now waste less time dealing with marijuana users and have more time and resources freed up for dealing with serious crimes,” he told his colleagues.
Since 1973, 12 states have decriminalized possession of small amounts of marijuana, including neighbor states Maine and Massachusetts, as well as North Carolina, Ohio, Nebraska and Mississippi.
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Prohibition: Kansas Becomes First State to Ban Synthetic Cannabinoid Blends Such As K2, Spice
Posted in Chronicle Blog by Phillip Smith on Wed, 03/10/2010 - 4:25pmKansas Gov. Mark Parkinson signed into law Tuesday HB 2411, which adds certain synthetic cannabinoids to the state's list of controlled substances. The bill is aimed directly at products containing a mixture of herbs and a powdered synthetic cannabinoid, JWH-018, which was isolated by a Clemson University researcher more than a decade ago. The products are sold under a variety of names, including Spice and K2.
Kansas thus becomes the first state to ban K2, although a handful of localities in the region have already done so. A similar bill is working its way through the legislature in neighboring Missouri, and one is about to be introduced in Georgia. And, as law enforcement across the country jumps on the bandwagon, expect similar prohibitionist efforts to pop up in other states.
Users report a marijuana-like high from using the blends. Although some adverse reactions have been reported, the number is small compared to the reported massive sales of the products.
Under the new law, which goes into effect upon publication in the state register, possession of K2 becomes a misdemeanor punishable by up to one year in jail and a $2500 fine. That's the same potential punishment as awaits someone busted for small-time marijuana possession in the Jayhawk State.
“This legislation has received overwhelming support by Kansas law enforcement and the legislature,” said Parkinson in a signing statement. “It will help improve our communities by bettering equipping law enforcement officers in addressing this issue and deterring Kansans from drug use.”
The governor is certainly correct about who supported the bill. Testifying for it were representatives of the Kansas County and District Attorneys Association, the Kansas Association of Chiefs of Police, the Kansas Sheriffs Association, the Kansas Peace Officers Association, and the Kansas Board of Pharmacy.
Press Release: Medical Marijuana Patients Will Ask Legislators to Support Safe Access at Thursday Press Conference
Posted in In the Trenches by David Guard on Wed, 03/10/2010 - 1:38pm
MEDIA ADVISORY
MARCH 10, 2010
Medical Marijuana Patients Will Ask Legislators to Support Safe Access at Thursday Press Conference
Proposed legislation would make Massachusetts 15th state to have effective medical marijuana law
mattjallen@mac.com
BOSTON, MASSACHUSETTS — Tomorrow, Thursday, at 1:30 p.m. at the Grand Staircase at the State House, a group of medical marijuana patients and advocates will hold a press conference to ask state lawmakers to support a medical marijuana law in Massachusetts.
The state legislature’s Joint Committee on Pubic Health is currently considering bill that would make Massachusetts the 15th state in the nation to give seriously ill patients safe and legal access to medical marijuana.
WHAT: Press conference to ask state lawmakers to support proposed medical marijuana bill
WHEN: Thursday, March 11, at 1:30 p.m.
WHERE: Grand Staircase, in the State House, Boston, MA.
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Prisoner Re-Entry: New Mexico Becomes Second State to "Ban the Box;" New Law Bans Criminal History Query on Public Job Applications
Posted in Chronicle Blog by Phillip Smith on Tue, 03/09/2010 - 5:56pmGov. Bill Richardson (D) Monday signed into law a bill that removes one obstacle to employment for people with criminal convictions. The bill, SB 254, the Consideration of Crime Convictions for Jobs bill, will remove the question of public job applications about whether a person has been convicted of a felony, leaving such questions for the interview stage of the hiring process.
The bill applies to job application for state, local, or federal public jobs. It does not apply to private sector employers. It passed the Senate 35-4 and the House 54-14.
Known as "ban the box," such bills are designed to allow ex-convicts a better opportunity to re-enter the job market. Having a job is a key means of reducing recidivism.
The measure passed the Senate 35-4 and the House 54-14. New Mexico now becomes the second state to pass such legislation. Minnesota passed a similar measure in 2009. Some cities, including Boston, Chicago, Minneapolis, and San Francisco have passed similar measures as well.
"Lots of young people - and old people, too - have that one stupid mistake they made years ago," said Republican Sen. Clint Harden, a former state labor secretary who sponsored the bill. The bill gives them a chance to explain before they are shut out of the hiring process: "Yeah, I had a felony when I was 22, I got caught for possession with intent, I did probation, that was 15 years ago, and I don't do drugs now and yadda yadda," he told the Associated Press late last month.
"We thank Gov. Richardson for signing the 'ban the box' bill," said Julie Roberts, acting state director of Drug Policy Alliance New Mexico. "The governor and the New Mexico legislature affirmed their support for people with convictions to be given this opportunity for a second chance. This bill will make our communities safer and keep families together by providing job opportunities to people who need them most."
One in five Americans has a criminal record, and Roberts is one of them. She had a drug bust at age 18. "Since then, I've gone to college, I have had internships, I haven't been in trouble for eight years but I still have to check the box," she said. "There's a lot of people like me. This new law will allow individuals who are qualified for a position the chance to get their foot in the door," she said. "As a person with a criminal conviction, this law will not only help me, but others around the state who made a mistake years ago and are now rebuilding their lives."
In addition to the Drug Policy Alliance, the bill was supported by the New Mexico Conference of Churches, the Lutheran Advocacy Ministry of New Mexico, the New Mexico Public Health Association, the Women's Justice Project, and Somos Un Pueblo Unido.
For the record: State Department Report, NYC ODs drop, Guatemalan Top Cop & Head Narc Busted, Salvia Banned in Wisconsin
Posted in Chronicle Blog by Phillip Smith on Mon, 03/08/2010 - 12:17amEven though there was no Chronicle last week--due to your editor's death-battle with a vicious Mexican bug; I only returned to the land of the living on Friday--things continued to happen anyway. Here are a handful of items that would have been in the Chronicle had there been one last week:
On Monday, the State Department released its annual state on the world on drugs report. The report, called the 2010 International Narcotics Control Strategy, was going to be the subject of a feature story last week before I got sick. I may still go with it this coming week.
Also on Monday, the New York City Health Department reported overdose deaths fell in 2008 to the lowest level since 1999. OD fatalities fell from 874 in 2006 to 666 in 2008. Increased use of naloxane, an opioid agonist used to undo overdoses may get some of the credit.
On Tuesday, Guatemala's national police chief and its head narc were arrested for links to drug traffickers and for the murders of five policemen. Police Chief Batlazar Gomez and anti-drug head Nelly Bonilla were arrested during an "investigation into a drug robbery (in April 2009) in Amatitlan, which those detained today are believed to have participated in", said Attorney General Amilcar Velasquez. Five police officers were killed during the robbery. The pair currently face charges of conspiracy, breaking and entering, abuse of power, making illegal arrests, drug trafficking, obstruction of justice, illegal possession of firearms and ammunition.
On Thursday, Wisconsin Gov. Jim Doyle signed into law a bill banning salvia divinorum. That makes Wisconsin the 19th state to move against Sally D. A few states have limited its sale to adults, but most of those states have simply banned salvia. The Wisconsin bill, AB 186, bans the manufacture, distribution, or sales of salvia—although not its possession—and backs it up with a $10,000 fine.
I'm back at it now, and that means the Chronicle will be back on Friday. In the meantime, I'll most likely post a story or two in the blog just to see if you're paying attention.
Hawaii Senate Overwhelmingly Passes Three Bills to Improve Marijuana Laws
Posted in In the Trenches by David Guard on Fri, 03/05/2010 - 7:00pm
FOR IMMEDIATE RELEASE
March 3, 2010
Hawaii Senate Overwhelmingly Passes Three Bills to Improve Marijuana Laws
Measures would expand state’s medical marijuana law and reduce the penalty for possession of one ounce to a civil fine
CONTACT: Kurt A. Gardinier, MPP director of communications …… 202-905-0738 or kgardinier@mpp.org
HONOLULU, HAWAII — Yesterday, the Hawaii Senate passed by overwhelming, veto-proof margins three measures that will greatly improve marijuana laws in the state:
SB 2213 passed 20-4, with one excused. This bill would allow counties to license medical marijuana dispensaries.
SB 2141 passed 24-1. This bill would increase the ratio of plants, ounces and caregivers allowed for each medical marijuana patient.
SB 2450 passed 22-3. This bill would remove criminal penalties for the possession of up to one ounce of marijuana and replace them with a civil fine of up to $300 for a first offense and $500 for a subsequent offense.
The bills now go to the state House.
“These votes show that Hawaii’s Senate supports sensible marijuana policies that will serve the best interests of state citizens,” said Eric M. McDaniel, a legislative analyst with the Marijuana Policy Project. “Hawaii’s most vulnerable citizens deserve safe and reliable access to their medicine, and no Hawaiian deserves to go to jail simply for using a substance that is safer than alcohol. If House members agree, I would strongly encourage them to pass these measures as well.”
The Drug Policy Forum of Hawaii, headed by Pamela Lichty and Jeanne Ohta, and the Peaceful Sky Alliance, headed by Matt Rifkin, played crucial roles in getting these measures through the Senate.
With more than 124,000 members and supporters nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.mpp.org.
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ACTION ALERT: Statewide Bill Threatens Patient Rights
Posted in In the Trenches by David Guard on Fri, 03/05/2010 - 6:48pmOn Thursday, March 4, starting at 1:30pm, the Colorado State Legislature will hear the first reading of a bill which seeks to regulate dispensaries-- and weaken patient rights. This bill, HB 1284, which was largely authored by law enforcement, threatens to cripple the state medical marijuana law in a number of ways. (Note a version of this bill will be posted on our website shortly.)
Here are a few of the most damaging provisions of the bill:
- Prohibits patients from living near schools. Patients could not possess medicine within 1000 feet of a school, which means patients could not live near schools.
- Patients could not join together with family members or others to share grow space.
- Would allow cities and towns to ban dispensaries-- forcing sick patients to "get on the bus" to find medicine.
Here's how you can help fight HB 1284
Attend the Thursday Hearing. Legislators need to hear from patients and professionals about how damaging HB 1284 will be. This Hearing should begin around 1:30 at the State Capitol in Denver in the Old Supreme Court Chambers (2nd floor). Please show up, dress nice, and spread the message to "vote no on HB 1284."
Call your state legislator
Every state legislator should hear how bad HB 1284 is. You can find and contact your state legislators here. Note you will need to enter your nine digit zip code to find your state rep and senator. Find your full zip code here.
What is Keeping Maryland from Passing a Medical Marijuana Law?
Posted in In the Trenches by David Guard on Tue, 03/02/2010 - 1:48pm
FOR IMMEDIATE RELEASE
MARCH 2, 2010
What is Keeping Maryland from Passing a Medical Marijuana Law?
Despite overwhelming public support and virtually no opposition, key officials are still silent about their stance on the issue
CONTACT: Mike Meno, MPP assistant director of communications …………… 202-905-2030
ANNAPOLIS, MARYLAND — Last Friday, Feb. 26, the Maryland House Judiciary and Health and Government Committees held a public hearing on a bill that would allow chronically ill patients to have safe access to medical marijuana with their doctor’s recommendation—an idea supported by 81% of Americans nationwide, according to a recent ABC News/Washington Post poll. Dozens of witnesses—including physicians, patients, and former law enforcement officials—testified in favor of the bill, and no one testified in opposition. Fourteen other states have already passed medical marijuana laws. So why hasn’t Maryland?
Previous efforts to pass medical marijuana legislation in Maryland all failed to make it out of the House Judiciary Committee, chaired by Del. Joseph F. Vallario , Jr., (D-Dist. 27A, Calvert and Prince George’s Counties). In the past, Del. Vallario has expressed concern over legislation that might clash with federal law. But medical marijuana should no longer trigger such concerns following the October release of an Obama administration memo instructing federal prosecutors not to target medical marijuana patients or caregivers who obey state law.
Just last week, a poll conducted by Conquest Communications in Del. Vallario’s House District showed support for passing this year’s medical marijuana bill outnumbered opposition nearly 3-1.
“Sometimes in an election year you’ll see politicians shy away from controversial issues, but these polls show there’s nothing controversial anymore about medical marijuana – except maybe opposing it,” said Dan Riffle, a legislative analyst with the Marijuana Policy Project. “Now that the federal government has given the green light to states to enact medical marijuana laws, there should be nothing stopping Chariman Vallario and others here in Maryland from listening to the will of their constituents.”
With more than 124,000 members and supporters nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. For more information, please visit http://MarijuanaPolicy.org.
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Medical Marijuana Bill Gets Hearing Today in Annapolis
Posted in In the Trenches by David Guard on Fri, 02/26/2010 - 1:58pm
MEDIA ADVISORY
february 26, 2010
Medical Marijuana Bill Gets Hearing Today in Annapolis
HB 712 Would Allow Seriously Ill Patients to Use Medical Marijuana With Doctor’s Recommendation
CONTACT: Mike Meno, MPP assistant director of communications …………… 202-905-2030
ANNAPOLIS, MARYLAND— Today, the Maryland House Judiciary and Health and Government Operations committees will hold a hearing to receive testimony on HB 712, a bill introduced by Del. Dan Morhaim (D-Baltimore County) that would make Maryland the 15th state in the nation to have a medical marijuana law. The bill would allow pharmacies or other state-regulated outlets to dispense medical marijuana to patients who receive a recommendation from their doctor.
WHAT: Hearing on HB 712, a medical marijuana bill in Maryland
WHERE: Maryland Legislative Services Building—across from the statehouse—in the hearing room
WHEN: Friday, February 26, 1 p.m.
WHO: House Judiciary and Health and Government Operations committees
With more than 124,000 members and supporters nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. For more information, please visit www.mpp.org.
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Marijuana: Legalization Bill Reintroduced in California Assembly
Maybe the voters won't have to take things into their own hands this November in California after all.
Medical Marijuana: Measure Passes New York Senate Health Committee, Assembly Health Committee
The New York Senate Health Committee approved a medical marijuana bill, S 4041-B, on a 9-3 vote Tuesday.
Press Release: Medical Marijuana Bill Passes New York Senate Health Committee
Posted in In the Trenches by David Guard on Tue, 02/23/2010 - 6:00pm
FOR IMMEDIATE RELEASE
FEBRUARY 23, 2010
Medical Marijuana Bill Passes New York Senate Health Committee
CONTACT: Kurt A. Gardinier, MPP director of communications … 202-905-0738 or kgardinier@mpp.org
WASHINGTON, D.C. — Today, the New York State Senate Health Committee passed S. 4041-B, the Senate’s medical marijuana bill. This marks the second consecutive year that the bill has gotten out of the Senate Health Committee. The Assembly’s medical marijuana bill, A. 9016, passed the Health Committee last month and is now sitting in the Assembly Codes Committee.
“We applaud the New York Senate Health Committee members for doing the right thing and taking this important step toward protecting sick and dying New Yorkers from arrest or jail,” said Noah Mamber, legislative analyst with the Marijuana Policy Project. “Let’s hope New York legislators will follow the lead of New Jersey, the state next door, which is about to become the 14th state to implement an effective medical marijuana law.”
The New York State Assembly passed medical marijuana legislation in 2007 and 2008, but the issue has never gotten a Senate floor vote. For the first time in 2009, a Senate medical marijuana bill passed the Senate Health Committee, but progress stalled because of the Senate leadership struggle, which lasted until just before the legislature recessed.
With more than 29,000 members and 124,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.mpp.org.
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Medical Marijuana: Iowa Pharmacy Board Recommends State Legalize It for Therapeutic Use
The Iowa Board of Pharmacy voted unanimously Wednesday to recommend that state lawmakers reclassify marijuana as a Schedule II controlled su
Decriminalization: New Hampshire Bill Wins Committee Vote, Heads for House Floor
The New Hampshire House Criminal Justice and Public Safety Committee voted February 11 to approve House Bill 16
Iowa Board of Pharmacy Recommends Medical Marijuana
Posted in Chronicle Blog by Phillip Smith on Thu, 02/18/2010 - 12:39amThe Iowa Board of Pharmacy voted unanimously Wednesday to recommend that state lawmakers reclassify marijuana as a Schedule II controlled substance and set up a task force to study how to create a medical marijuana program. Medical marijuana bills have failed to move in the state legislature, but the board's action could help spur forward momentum.
Similarly to the federal Controlled Substances Act, Iowa law currently classifies marijuana as a Schedule I drug with no proven medical use and a high potential for abuse. By recommending that marijuana be rescheduled to Schedule II—a potential for abuse, but with accepted medical use—the board acknowledged the herb's medical efficacy.
Given the board's initial reluctance to take up the issue, the unanimous vote comes as something as a pleasant surprise to advocates. In May 2008, Iowans for Medical Marijuana founder Carl Olsen petitioned the board to reschedule marijuana, arguing that the evidence did not support its classification as Schedule I.
The board rejected that request, and Olsen, three plaintiffs, and the ACLU of Iowa sued to force it to reconsider. (See the filings in the case here). Last year, a Polk County judge ordered the board to take another look at the matter. The board again declined to reclassify marijuana, but did agree to a series of four public hearings.
It was after those hearings, which were packed with medical marijuana supporters, and after a scientific review of the literature, that the board acted this week. In doing so, it becomes the first state pharmacy board in the nation to take such a step before voters or lawmakers have legalized medical marijuana.
The board's action also puts it squarely in line with popular sentiment in the Hawkeye State. According to an Iowa Poll released Tuesday, 64% of Iowans want medical marijuana to be legal. Now, if only the legislature will act on the recommendation of the board and the will of the voters.












