The New Hampshire House Wednesday afternoon approved a bill that would regulate marijuana like alcohol. The measure, House Bill 492, passed on a vote of 170-162.
[image:1 align:right]The bill sponsored by Rep. Steve Vaillancourt (R-Manchester) with a bipartisan group of four cosponsors, would make the private possession and home growing of limited amounts of marijuana legal for adults 21 and older.
It would also direct the New Hampshire Department of Revenue Administration to license and regulate marijuana retail stores, cultivation facilities, product manufacturing facilities, and testing facilities. As amended by the House, it would enact a wholesale tax of $30 per ounce and a sales tax of 15% per ounce. The House voted down a similar bill 228-89 in 2012.
The bill now goes to the House Ways and Means Committee to review its revenue aspects. However that committee votes, it will return to the House floor for a second vote. If approved again, it then goes to the Senate.
"House members made history today, and they are clearly on the right side of it," said Matt Simon,the New Hampshire-based New England political director for the Marijuana Policy Project, which lobbied in support of the bill. "Marijuana prohibition has been an enormously expensive failure. Most Americans, including 60% of New Hampshire residents, agree that it is time to adopt a more sensible policy."
Unfortunately for marijuana advocates, New Hampshire Gov. Maggie Hassan (D) is not one of them. She said only yesterday that she would veto the bill because it would send the wrong message to kids. To actually achieve marijuana legalization in the Granite State, both the House and the Senate would have to override her veto. The margin of victory in this first House vote isn't enough to do so.
Action is really picking up as state legislatures get back into session. Meanwhile, the long battle over regulating medical marijuana in California continues. Let's get to it:
On Tuesday, the Alabama legislature began its session with a pre-filed CBD medical marijuana bill. The bill, known as Carly's Law, is named for a Birmingham girl who suffers seizures and would allow for the use of CBD oil for specified medical conditions. It is cosponsored by Reps. Mike Ball (R-Madison), Patricia Todd (D-Birmingham), and Allen Farley (R-McCalla).
Last Monday, the city of San Rafael forced a delivery service operating there to shut down. The Caregiver Compassion Group had been quietly doing deliveries since 2011, when it lost its lease in Sausalito, and operated out of a San Rafael office. The city has banned dispensaries since 1997, and a delivery service with an office in the city is apparently close enough for city officials.
Last Thursday, the Los Angeles city attorney said he would step up enforcement against dispensaries operating in violation of Proposition D, which limited the number of dispensaries in the city to 135. City Attorney Mike Feur spoke as his office obtained an injunction against a real estate business that brokered a deal for a medical marijuana dispensary. The city has so far brought 68 criminal cases against unpermitted dispensary operators and property owners.
On Monday, San Jose medical marijuana supporters filed an initiative asking voters to keep dispensaries open in most of the city. City officials have been moving to close down some dispensaries near homes and are preparing to enact sweeping new restrictions on dispensaries. The initiative calls for a minimum of 50 dispensaries, along with the creation of a "cannabis commission" to regulate them. Advocates hope the council simply adopts their measure when it votes on regulations in March, avoiding a ballot box fight. After the city clerk's office approves the ballot title and summary, the Silicon Valley Cannabis Coalition will have until May 16 to gather 20,372 signatures to qualify for the November ballot.
On Tuesday, Butte County supervisors gave initial approval to their tightest cultivation rules yet. Marijuana grows would limited to 50 square feet on parcels of less than 5 acres, 100 square feet on parcels of less than 10 acres, and 150 square feet on parcels greater than 10 acres. The unanimous vote came after more than three hours of testimony in which virtually everyone speaking called for tightening restrictions on growers. The rules face two additional votes, one and the end of this month and one in February.
Also on Tuesday, Lake County supervisors ordered public hearings on regulations for dispensaries and cultivation centers that might open in unincorporated areas of the county. The board directed the Zoning Board of Appeals to conduct the hearings. The board is working from a draft ordinance that would bar medical marijuana operations from doing business near schools, parks, and day care centers, limit signage, and ban edibles.
On Wednesday, the 9th US Circuit Court of Appeals rejected an appeal from dispensaries as well as landlords and customers challenging the federal government's enforcement of federal marijuana laws. The dispensaries had sought injunctions blocking enforcement, but the appeals court shot them down.
Last Wednesday, the East Hartford planning commission award a special-permit application for a dispensary on Pitkin Street. The dispensary, Constitution Care LLC, must still receive approval from the state Department of Consumer Protection, which is expected to grant licenses by next month.
Last Thursday, a powerful legislator agreed to file a CBD medical marijuana bill after hearing from the families of children who suffer from epileptic seizures. Rep. Matt Gaetz (R-Shalimar), head of the House Criminal Justice Subcommittee, made the vow after the panel heard two hours of testimony from parents who said high-CBD strains helped their children.
On Monday, medical marijuana initiative organizers said they had gathered more than a million signatures. People United for Medical Marijuana needs 683,149 certified signatures to qualify for the November ballot, so they have created a margin of comfort to account for invalid signatures. The campaign must also meet minimum signature numbers in half of the state's 27 congressional districts. The initiative is also before the state Supreme Court, where it has been challenged by Attorney General Pam Bondi (R).
Last Thursday, a House panel held a hearing on medical marijuana. An overflow crowd attended the hearing of the House Health and Welfare Committee where the topic was discussed, even though no particular bill was at issue. But one could be soon. The same day, Sen. Perry Clark (D-Louisville) filed Senate Bill 43, which would legalize medical marijuana.
On Wednesday, the Senate Health and Welfare Committee held a hearing on medical marijuana. The committee chair, Sen. Julie Denton (R-Louisville) said she is only interested in high-CBD cannabis oil. The committee will not vote because it is not addressing a specific bill, even though one such bill, Senate Bill 43, has already been filed.
On Monday, Gov. Mark Dayton (DFL) said he was not ready to allow medical marijuana, but would be open to a study on the issue. "I've said since I ran for office that law enforcement has enough to contend with, and I am not going to support something that has the adamant opposition of law enforcement in Minnesota, and that is still the case," he said."I'd be supportive of funding for an independent, objective study of what other states have done, what have the results been," he said. Then, maybe in 2015, he suggested.
On Tuesday, Rep. Rory Ellinger filed a medical marijuana pilot program bill. The University City Democrat introduced House Bill 1324. Click on the link to find it on the legislative web site.
On Tuesday, a bipartisan medical marijuana bill was filed. Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) introduced Senate Bill 1182, marking the first time such a measure has been introduced with bipartisan support.
On Tuesday, medical marijuana supporters in the legislature filed a bill to protect patient rights and preserve the state's medical marijuana program by establishing a firm regulatory framework for it. House Bill 2233 would provide a clear mechanism for licensing and regulation of commercial businesses, while also preserving a patient's right to grow their own cannabis, both individually and cooperatively. It would also restore vital provisions passed by the legislature in 2011, but later vetoed by Governor Gregoire (D).
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
As the legislative season gets underway, bills are being introduced all over the place -- good, bad, and ugly. And there's trouble in Mexico, peace talks in Colombia, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Washington State Bill Would Ban Local Bans on Marijuana Businesses. A bill introduced Tuesday with 10 cosponsors would essentially bar local governments from banning pot businesses by requiring them to cooperate with state regulators in allowing marijuana stores, grows, and processing facilities to operate. Under House Bill 2322, local governments would have to treat licensed marijuana enterprises the same as any other business that attempts to locate within their boundaries. They'd be barred from adopting zoning or other regulations that impede the establishment of pot businesses. Another measure, House Bill 2144, would offer a carrot to localities by giving them 30% of the state's excise tax on marijuana sales.
New Hampshire Governor Would Veto Legalization Bill. New Hampshire Gov. Maggie Hassan (D) said Tuesday that she would veto a pending marijuana legalization bill because she thinks it would send the wrong message to the state's youth. The House is voting on the bill today.
Missouri Marijuana Decriminalization Bill Filed. Rep. Rory Ellinger (D-University City) has filed a bill to decriminalize the possession of small amounts of marijuana. The bill is House Bill 1325. Click on the link to find it on the legislative web site.
Rhode Island Legalization Proponents Form Coalition. And then there was Regulate Rhode Island. Click on the link to check out the new coalition and its web site.
Missouri Medical Marijuana Pilot Program Bill Filed. Rep. Rory Ellinger (D-University City) has filed a bill that would allow for the use of medical marijuana. The bill is House Bill 1324. Click on the link to find it on the legislative web site.
Florida Initiative Campaign Passes Million-Signature Mark. The People United for Medical Marijuana campaign to put a medical marijuana initiative on the November ballot passed the million-signature mark this past weekend, campaign director Ben Pollara said. The group needs 683,000 valid voter signatures to qualify for the ballot -- if the state Supreme Court allows it. The initiative has been challenged by state Attorney General Pam Bondi (R).
Medical Marijuana Bill Filed in Pennsylvania. Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) have introduced a bill to legalize medical marijuana in Pennsylvania. The filing of the bill, Senate Bill 1182, marks the first time such a measure has been introduced with bipartisan support.
Kentucky Senate Committee Holds Medical Marijuana Hearing. The Senate Health and Welfare Committee is holding a public hearing today on medical marijuana, although the committee chair, Sen. Julie Denton (R-Louisville) said she is only interested in high-CBD cannabis oil. The committee will not vote because it is not addressing a specific bill, even though one medical marijuana bill, Senate Bill 43, has already been filed.
Mississippi Welfare Drug Testing Bill Passes House Committee. A divided House Public Health and Human Services Committee Tuesday approved a bill that would require some welfare recipients to undergo drug tests. House Bill 49 would require new recipients to be assessed to see whether there was a high probability they were using drugs, and if so, to undergo a drug test. It was expected to go to a full House vote today.
Florida Governor Appeals Federal Court Ruling on State Employee Drug Testing. Gov. Rick Scott (R) Monday asked the US Supreme Court to rule on the constitutionality of a drug testing policy aimed at state employees. The 11th US Circuit Court of Appeals last year found the measure unconstitutional. Since taking office in 2011, Scott has made a high-profile issue of requiring drug tests for state employees and welfare recipients. But federal courts have ruled against him on both issues, as opponents have argued that government drug tests violate the Fourth Amendment ban on unreasonable searches and seizures.
Arizona Unemployment Benefits Drug Testing Bill Filed. Republican Reps. Phil Lovas and David Livingston and Republican Sen. Judy Burges have filed a bill that would require people seeking unemployment benefits to undergo drug screening, with drug testing mandated for those who appear likely to be using drugs. The bill, House Bill 2030, is similar to one passed in Texas last year, but put on hold because the federal Department of Labor has yet to determine which professions regularly require drug testing.
Colombia's FARC Presents Plan for Reducing Coca Cultivation. Colombia's FARC guerrillas, now in peace talks with the Colombian government in Havana, have presented a plan to reduce coca cultivation. The plan calls for demilitarizing the countryside and suspending aerial spraying of coca crops. Negotiations to end the country's 50-year-old insurgency have been going on for months and will continue.
Mexican Soldiers Meet Resistance in Bid to Disarm Vigilantes. Anti-cartel vigilantes in Michoacan offered up fierce resistance Tuesday as soldiers began trying to disarm the groups, which have taken control of a number of towns in the agricultural west-central Mexican state. Vigilantes said four people were killed in confrontations with the army; the army said one. The vigilantes said they would not give up their weapons until the government arrested top leaders of the Knights Templar cartel, which is based in the state and headquartered in the town Apatzingan. Vigilantes have taken several villages on its outskirts.
Turin Approves Medical Marijuana, Challenges Harsh Italian Drug Laws. The city council in the northern Italian city of Turin Tuesday approved a measure allowing for medical marijuana and rejecting a 2006 Italian law that undid the legal distinction between "soft" and "hard" drugs. The medical use of marijuana has been already allowed in some Italian regions like Liguria, Tuscany and Veneto, but the recreational consumption of the drug is still taboo there. Turin's move could spur more movement toward allowing recreational marijuana use.
Bermuda Activist Starts Online Petition for Medical Marijuana. Marijuana reform activist and attorney Alan Gordon has started an online petition asking Public Safety Minister Michael Dunkley to allow emergency medical cannabis permits for cancer patients with a doctor's recommendation. Gordon says that Bermuda's drug law allows the minister to make case-by-case exceptions to the general ban on marijuana. He also wants the minister to publish rules for making applications for a waiver.
A bill that would decriminalize the possession of up to an ounce of marijuana in the nation's capital easily won a key committee vote today, and is expected to pass the full council in a matter of weeks. The bill passed the Judiciary and Public Safety Committee on a 5-0 vote.
[image:1 align:left]The Simple Possession of Small Quantities of Marijuana Decriminalization Amendment Act of 2013 (Council Bill 20-409) would eliminate criminal penalties and instead subject a person in possession of one ounce or less of marijuana to a civil fine. The legislation was introduced in July 2013 by Councilmember Tommy Wells (D-Ward 6) with the support of ten out of thirteen council members.
The council was spurred to act at least in part by reports on racial disparities in marijuana arrests from the American Civil Liberties Union and the Washington Lawyers' Committee on Civil Rights and Urban Affairs. The ACLU, for example, found that black District residents were more than eight times more likely to be arrested than white ones, the nation's second highest disparity rate.
"Marijuana possession arrests have disproportionately criminalized African American residents and wasted millions of taxpayer dollars," said Grant Smith, policy manager with the Drug Policy Alliance Office of National Affairs. "This legislation represents a critical first step toward bringing DC law into step with public opinion and common sense."
Even as the District council advances the decriminalization bill, deeper reforms are looming. Local activists filed a marijuana legalization initiative with city officials Friday. The council may also address legalization, but if it doesn't, look for the initiative campaign to pick up steam.