Posts Tagged ‘Vermont’
Vermont decriminlization bills before committee today and tomorrow
Senate bill 48 would decriminalize one ounce of cannabis and does not discuss cultivation of small amounts. Otherwise, the bill is the same in that it only applies to adults 21 and up, minors would face similar penalties and fines collected would go to the same groups. The senate bill also clarifies that getting caught five times or more with cannabis would increase the fine to $500 each time.
Both bills would also decriminalize paraphernalia possession, and getting popped for possession in either bill would not create a criminal history record, and the state won’t keep any records of the violation.
While either bill would be a step in the right direction, we’re hoping that the House bill is the one considered and not the watered-down version in the Senate. According to the Marijuana Policy Project, Vermont Public Safety Commissioner Keith Flynn, and Chittenden County State’s Attorney T.J. Donovan will testify in favor of both bills at the respective meetings.
A third marijuana-related bill, H. 499, which would legalize up to two ounces of herb and cultivation of up to three plants, is still alive in committee, though it hasn’t moved since March 12. The bill would also create state-regulated marijuana shops and allow for an industrial hemp industry in Vermont.
Currently, possession of less than two ounces is a misdemeanor charge, with up to six months and $500 in fines. Paraphernalia possession is a misdemeanor with up to a year in jail and $1,000 in fines.
Source: http://www.tokeofthetown.com/2013/04/vermont_decriminlization_bills_before_committee_to.php
Vermont Lawmakers Look to Improve & Expand Medical Marijuana Law
MONTPELIER, VT — A bill that would improve Vermont’s medical marijuana program was introduced in the House on Tuesday. The bill has been referred to the House Human Services Committee.
House Bill 500, if passed, would expand Vermont’s medical marijuana program to allow caregivers to increase the number of patients they care for from three to five, and would remove the current 1,000 patients limit that the state’s dispensaries are allowed to provide marijuana to.
The bill also expands the list of qualifying ailments to include post-traumatic stress disorder, anxiety, and insomnia.
Since Senate Bill 76 became law in 2004, legalizing the medical use of marijuana in Vermont, the legislature has passed several bills to expand and improve the program.
Senate Bill 7, which took effect on July 1, 2007, expanded the definition of “debilitating medical condition” to include: “cancer, multiple sclerosis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions, if the disease or the treatment results in severe, persistent, and intractable symptoms; or (B) a disease, medical condition, or its treatment that is chronic, debilitating, and produces severe, persistent, and one or more of the following intractable symptoms: cachexia or wasting syndrome; severe pain; severe nausea; or seizures.”
The measure also raised the quantity of medical cannabis patients may legally possess under state law from one mature and/or two immature plants to two mature and/or seven immature plants.
Senate Bill 7 also amended state law so that licensed physicians in neighboring states can legally recommend cannabis to Vermont patients.
In 2011, Senate Bill 17 became law, authorizing up to four state-licensed medical marijuana dispensaries. The law required that each dispensary be licensed by the state Department of Public Safety, and would be allowed to serve up to 1,000 registered patients. If the current legislation, House Bill 500, passes, the 1,000 limit of patients would be lifted.
House Bill 500 was filed immediately after a separate measure to legalize the recreational use of marijuana in Vermont by adults, House Bill 499, was introduced.
Two additional bills that would decriminalization marijuana possession in Vermont have also been filed.
Several States Considering Legislation To Legalize Adult Cannabis Consumption
Washington, DC: Lawmakers in several states are anticipated to debate legislative measures this year that seek to legalize and regulate the adult use and retail distribution of marijuana.
To date, lawmakers in six states - Hawaii, Maine, New Hampshire, Pennsylvania,Rhode Island, and Vermont - have either pre-filed or introduced legislation to legalize marijuana consumption for adults.
On Friday, members of Hawaii’s House Judiciary Committee will hear testimony regarding House Bill 699, which seeks to tax and regulate the commercial production, sale, and use of cannabis by those persons age 21 or older. House Chairman, Rep. Joseph Souki, is sponsoring the measure. Nearly six out of ten Hawaii voters believe that cannabis should be “taxed, regulated, and legalized for adults,” according to a statewide poll published earlier this month. Only 39 percent of respondents opposed the idea. You can read NORML’s written testimony to the committee here.
According to a January 2013 New Hampshire poll conducted by the firm Public Policy Polling, 53 percent of respondents favor “changing (state) law to regulate and tax marijuana similarly to alcohol.” Only 37 percent of respondents opposed the plan.
In Vermont, a 2012 survey of respondents in 148 Vermont cities throughout the state reported that one out of two Vermonters support legalization.
On Election Day, 55 percent of voters in Colorado and Washington approved citizens’ ballot initiatives legalizing the adult consumption of marijuana and authorizing the state to license individuals to commercially produce and sell it.
Nationally, nearly six out of ten Americans support legalizing cannabis, according to a just released Public Policy Polling automated telephone survey of 1,325 voters, commissioned by the Marijuana Policy Project.
“Calling for an end to marijuana prohibition is no longer a political liability; it is a political opportunity,” said NORML Deputy Director Paul Armentano. “Never in modern history has there been greater public support for ending the nation’s nearly century-long experiment with cannabis prohibition and replacing it with a system of legalization and regulation. Politicians who are seeking to amend this failed policy are aligning themselves with the majority. Those who do not are siding with an ever decreasing minority of their constituents.”
For more information, please contact Allen St. Pierre, NORML Executive Director, at (202) 483-5500 or Paul Armentano, NORML Deputy Director, at: paul@norml.org. Summaries of these legislative measures and of other marijuana law reform bills are available here:http://www.capwiz.com/norml2/issues/.
Source: http://norml.org/news/2013/01/31/several-states-considering-legislation-to-legalize-adult-cannabis-consumption
Vermont Update: Pro-Reform Candidate Gov. Shumlin Holds Massive Lead
by Erik Altieri, NORML Communications Coordinator
New polling data released this week from Castleton Polling Institute shows pro-reform incumbent Governor Peter Shumlin (D) holding a massive lead over his challenger, Randy Brock (R). A survey of 477 registered Vermont voters taken from August 11th to 21st found they favored Gov. Shumlin by a full 34 percentage points, 60% for Shumlin and just 26% for Brock.
This is notable considering Shumlin’s longterm support of marijuana law reforms while governor and that this data comes just over a week after he contacted NORML to explicitly express his desire to continue his push for decriminalization. Attempts by his contender Randy Brock to cast Governor Shumlin’s support for sensible law reforms as “sending the wrong message to kids” seem to have failed in eroding support for the popular sitting politician. And it is no wonder, recent Vermont pollingconducted by MPP this February shows that 63% of Vermont citizens support decriminalizing marijuana possession. Perhaps even more telling is that 52% of respondents stated a candidates support of decriminalization made them more likely to vote for them, 21% stated it would not alter their decision, and only 25% said it would make them less likely.
All other candidates take note, as we saw earlier this year in Oregon and Texas, the majority of Americans are ready to see an end to our seven decade failure that is cannabis prohibition. Coming out in support of these sensible reforms will no longer cost you an election, but it just may win you one.
Estimate: Worldwide Population Of Lawful Medical Marijuana Patients
by Allen St. Pierre, NORML Executive DirectorApril 11, 2012
From the International Association for Cannabinoid Medicines
IACM-Bulletin of 8 April 2012
World: Increasing numbers of patients use cannabis for medicinal purposes
An increasing number of patients in the world are using cannabis for therapeutic reasons, with available data from countries, which have installed programs for their citizens. Good data are available for Israel, Canada, the Netherlands and many states of the US with medicinal cannabis laws and registries. In several more countries only a few patients are allowed to use cannabis for medicinal purposes, including Germany, Norway, Finland and Italy. In many other countries such as Spain and some states of the US without a registry such as California the number of medicinal users is estimated to be high, but no detailed data are available.
The numbers in California with hundreds of cannabis dispensaries and clinics that issue medical cannabis recommendations are unclear, since the state does not require residents to register as patients (see below**)
Most of the 16 states that allow the medicinal use of cannabis require a registration. Recently the press agency Associated Press published data on registered patients in different states of the USA based on state agencies responsible for maintaining patient registries:
State: Number of registered patients (per 1,000 of the whole population) –
Colorado: 82,089 (16.3)
Oregon: 57,386 (15.0)
Montana: 14,364 (14.5)
Michigan: 131,483 (13.3)
Hawaii: 11,695 (8.6)
Rhode Island: 4,466 (4.2)
Arizona: 22,037 (3.5)
New Mexico: 4,310 (2.1)
Maine: 2,708 (2.0)
Nevada: 3,388 (1.3)
Vermont: 505 (0.8)
Alaska: 538 (0.8)
Patient registration is mandatory in Delaware, New Jersey and the District of Columbia (Washington D.C.), but their registries are not yet up and running. Washington State has neither voluntary nor mandatory registration.
Data from Israel show that in August 2011 6,000 patients got medicinal cannabis (0.8 patients in 1,000). It is estimated that the number increases to 40,000 in 2016 (5.2 patients in 1,000 citizens).
In Canada 12,116 patients were allowed to use cannabis on 30 September 2011 (0.35 patients in 1,000 citizens).
Numbers of patients using cannabis from the pharmacies in the Netherlands were estimated to be 1,300 in 2010 (0.08 patients in 1,000 citizens). However, many patients in the Netherlands use cannabis from the coffee shops or grow their own.
In Germany about 60 patients are currently allowed to use cannabis for medicinal purposes.
(Sources: Associated Press of 24 March 2012, website of the Israeli Prime Minister of 7 August 2011, UPI of 31 October 2011, Pharmaceutisch Weekblad No. 20, 2011)
**[Editor's note: CA NORML published a white paper last May estimating that California has 750,000 - 1,125,000 citizens who possess a physician's recommendation to use cannabis medicinally.]
Vermont Voters Want Marijuana Decriminalization
MONTPELIER, VT – According to a Public Policy Polling survey released Monday, a majority of Vermont voters are in favor of removing criminal penalties for possession of small amounts of marijuana. Under current Vermont law, the penalty for possession of marijuana is up to six months in jail and up to a $500 fine. Of those polled, 63% supported replacing criminal penalties for possession of an ounce or less of marijuana with a civil infraction and a fine of up to $150, with no threat of arrest or jail.
The poll also reported that a majority of Vermonters would support politicians who also supported making this change. When asked if they would be more likely to vote for a legislator that voted to replace criminal penalties for possession of small amounts of marijuana, 52% reported that they would be more likely to support such a lawmaker. This is particularly relevant in light of a bill currently being considered in the Vermont House, HB 427, which closely mirrors the reform described to respondents in the poll.
Part of the reason behind support for this bill is the perception of danger associated with marijuana as compared to alcohol. Of those polled, 74% responded that marijuana is as safe or safer than alcohol. This perception, which is supported by many scientific studies, only serves to highlight the discrepancy between marijuana and alcohol penalties.
“Vermont voters overwhelmingly believe marijuana is no more harmful than alcohol and that people who possess a small amount should not face up to six months in jail and a criminal conviction,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project. “It’s time for legislative leadership to bring this sensible proposal to a vote, so that Vermont can focus its limited criminal justice resources on crime with actual victims.”
The results of the poll can be viewed here: mpp.org/VTpoll.
Contributed by MPP on February 28, 2012.
View More: Decriminalization, Vermont
Vermont Voters Support Decriminalizing Marijuana
A majority of Vermont voters favor removing criminal penalties for possession of small amounts of marijuana, according to a Public Policy Polling survey released on Wednesday.
Of those polled, 63 percent supported replacing criminal penalties for possession of an ounce or less of cannabis with a civil infraction and a fine of up to $150, with no threat of arrest or jail.
| Marijuana Policy Project |
| Karen O’Keefe, MPP: “Vermont voters overwhelmingly believe marijuana is no more harmful than alcohol” |
13 States Working Towards Smart, Sane Marijuana Laws
State legislatures have convened or are convening all around the country, and once again this year, marijuana decriminalization or legalization are hot topics at the statehouse.
State legislatures have convened or are convening all around the country, and once again this year, marijuana decriminalization or legalization are hot topics at the statehouse. Legalization bills are pending in three states (as well as on the ballot as initiatives in Washington and almost certainly Colorado), decriminalization bills are alive in nine states, and bills that would improve existing decriminalization laws have been filed in two states.
And this is still early in the legislative season. Bills can still be introduced in many states, and bills that have already been introduced can advance or be killed. By around the beginning of May, a clearer picture should emerge, but 2012 is already looking to be even more active than last year when it comes to decriminalization and legalization bills.
There’s a reason for that, said leading reformers.
“We’re seeing more bills introduced, and they’re having stronger and more sponsors,” said Karen O’Keefe, state policy director for the Marijuana Policy Project (MPP). “We’re also seeing more and more public support for decriminalization and legalization. We’re approaching critical mass as more and more people see marijuana prohibition as a failed public policy, and in legislatures because of fiscal constraints and changing public sentiment.”
“Each year, these bills are easier to introduce, there is less controversy, and the media reaction is generally neutral to positive,” said Allen St. Pierre, executive director of NORML. “Baby boomers, medical marijuana, the Internet, and the state of the economy have all had an impact, even, finally, on legislators and their staffs,” he explained.
“Before 1996, nobody invited NORML; now our staff is regularly going to meetings requested by legislators around the country,” St. Pierre recalled. “First, we couldn’t get them to return our phone calls; now they’re calling us. Everything is in play because of activists around the country doing years of work.”
That contact with legislators has led to results, St. Pierre said. “We’ve been involved in almost all of this legislation. Either we helped write it or legislators contacted us for deep background and we’re testifying at public hearings on these bills.”
MPP has been busy, too, O’Keefe said. “We have paid lobbyists in Rhode Island and Vermont, and one of our legislative analysts, Matt Simon, is from New Hampshire and has been working on bills up there,” she said.
Perhaps not surprisingly, O’Keefe thought the prospects of passage were best in Rhode Island and Vermont. “In Rhode Island, more than half of both chambers are cosponsors of the decriminalization bill, while in Vermont, Gov. Shumlin has been very supportive, and for the first time we have a Republican sponsor in the Senate — we already had one in the House,” she said.
Getting a marijuana bill through a state legislature is a frustrating, time-consuming process, and there is a chance that none of these bills will pass this year. But there is also a chance some will, and some will pass eventually, if not this year, next year, or the year after.
Here is what is currently going on around marijuana law reform at the state house (compiled from our Legislative Center, with additional information from MPP’s list of bills and from cantaxreg.com):
Legalization Bills
Massachusetts
Thirteen months ago, Rep. Ellen Story introduced House Bill 1371, which would allow the legal and regulated sale of marijuana to adults. It was referred to the Joint Committee on Judiciary then, and it is still pending. A hearing is scheduled on March 6.
New Hampshire
Last month, Rep. Calvin Pratt (R) introduced HB 1705, which would allow people 21 and over to possess up to an ounce and allow for regulated retail and wholesale sales. Marijuana would be taxed at a rate of $45 an ounce at wholesale and at 19% of the wholesale price at retail. The bill is now before the House Criminal Justice and Public Safety Committee.
Washington
Last year, Rep. Mary Lou Dickerson (D) and 13 cosponsors introduced House Bill 1550, which would replace prohibition with regulation. It and a companion bill, Senate Bill 5598, are still both alive. Dickerson’s bill is pending in the House Committee on Public Safety & Emergency Preparedness.
Decriminalization Bills
Arizona
On January 9, Rep. John Fillmore (R) filed House Bill 2044, which would make possession of up to an ounce of marijuana a petty offense punishable by up to a $400 fine. Simple possession is currently a Class 6 felony in Arizona.
Hawaii
In March 2011, the Hawaii Senate passed Senate Bill 1460, which would reduce the penalty for possession of less than an ounce to a civil fine capped at $100. The current law specifies a jail stay of up to 30 days and a $1,000 fine. That bill was carried over and is now before the House Health, Public and Military Affairs, and Judiciary committees. Also carried over is House Bill 544, which would make possession of less than an ounce a violation instead of a misdemeanor and impose a maximum $500 fine. That bill is before the House Judiciary Committee.
Illinois
In January 2011, Rep. LaShawn Ford introduced House Bill 100, which would reduce the penalty for possession of up to 28.35 grams of marijuana to a $500 fine for a first offense, $750 for the second, and $1,000 for a subsequent offense. It would also reduce the charge from a misdemeanor to a petty offense. Under current law, possession of up to an ounce can be penalized with up to six months in jail and a $2,500 fine. The bill has been referred to House Rules Committee, and is still alive in Illinois’ two-year session.
Indiana
Last month, Sen. Karen Tallian introduced Senate Bill 347, which would reduce several marijuana-related penalties, including by making possession of up to three ounces of marijuana a civil infraction, punishable by up to a $500 fine and court costs. SB 347 was referred to the Committee on Corrections, Criminal, and Civil Matters.
New Hampshire
Last week, House Bill 1526, which would decriminalize possession of up to an ounce, got a hearing in the Criminal Justice and Public Safety Committee. Sponsored by Rep. William Panek (R),the bill would mandate a maximum $100 fine. It also provides for notification of parents of minor offenders, who could be ordered to attend a drug awareness program.
New Jersey
Last month, Assemblyman Reed Gusciora (D) introduced Assembly Bill 1465, which would reduce the penalty for 15 grams or less of marijuana to a civil penalty. The first violation would be punishable by a $150 fine, $200 fine for a second offense, and $500 after that. Any adult caught three times would be ordered to undertake a drug education program, as would any minor regardless of prior offenses. The bill is currently before the Assembly Judiciary Committee.
Rhode Island
Last month, more than half of the Rhode Island House of Representatives cosponsored Rep. John Edwards’ bill to fine adults for simple possession of marijuana and to sentence minors to drug awareness classes. The bill, House Bill 7092, was referred to the House Judiciary Committee. Current law provides for up to a year in jail and $500 fine; the bill would make it a civil offense with a maximum $150 fine.
Tennessee
In February 2011, Rep. Mike Kernell introduced House Bill 1737, which would reduce the penalty for less than 1/8 of an ounce of marijuana to a fine between $250 and $2,500. Possession would remain a Class A misdemeanor, but the bill would remove the possibility of a year-long jail sentence. Fines would remain the same. A companion bill, Senate Bill 1597, has been referred to the Senate Judiciary Committee. Both bills remain alive in the state’s two-year legislative session.
Vermont
Last year, a tri-partisan group of legislators led by Rep. Jason Lorber filed House Bill 427, which would reduce the penalty for adults’ possession of up to an ounce of marijuana to civil fine of up to $150. Minors would be sent to drug education and community service for a first offense, as would adults under 21 convicted of a second or subsequent offense. The current penalty for first offense possession of marijuana is a fine of up to $500 and/or up to six months in jail. Second offense possession is currently punishable by up to two years in prison and/or up to a $1,000 fine. The bill is still alive in the state’s two-year legislative session. Last month, Sen. Joe Benning (R) and Sen. Philip Baruth (D) filed Senate Bill 134, which would reduce marijuana penalties, including by reducing the penalty for possession of up to two ounces of marijuana to a civil fine of up to $100. It has been referred to the Senate Judiciary Committee.
Decriminalization Improvement Bills
New York
Last year, legislators filed bills aimed at removing New York City’s reputation as the world’s marijuana arrest capital. The state’s current decriminalization law creates an exception for marijuana possessed in a public place and which is burning or open to the public view. The NYPD has used that exception to arrest more than 50,000 people a year on misdemeanor charges instead of issuing them tickets. In May, Sen. Mark Grisanti (R) filed Senate Bill 5187, while Assemblyman Hakeem Jeffries introduced a companion bill, A 7620. Both bills were referred to their chambers’ Codes Committees and are still alive.
North Carolina
A bill that would reclassify possession of an ounce as an infraction instead of a misdemeanor has been filed in North Carolina. HB 324 increases the decrim amount from a half-ounce, but removes the automatic suspended sentence for a first offense.
Twelve states have decriminalized marijuana possession so far (and possession in small amounts at home is legal under the Alaska constitution), but between an initial burst of reform activity in the 1970s and Nevada’s decriminalization in 2002, there were three decades of stagnation. Since then, three more states- — California, Connecticut, and Massachusetts — have come on board, and chances are more will follow shortly, Legalization remains a tougher nut to crack, but so far, there are opportunities in five states this year.
Marijuana Law Reform at the Statehouse 2012 [FEATURE]
by Phillip Smith, February 09, 2012, 10:31am, (Issue #720)
State legislatures have convened or are convening all around the country, and once again this year, marijuana decriminalization or legalization are hot topics at the statehouse. Legalization bills are pending in three states (as well as on the ballot as initiatives in Washington and almost certainly Colorado), decriminalization bills are alive in nine states, and bills that would improve existing decriminalization laws have been filed in two states.

And this is still early in the legislative season. Bills can still be introduced in many states, and bills that have already been introduced can advance or be killed. By around the beginning of May, a clearer picture should emerge, but 2012 is already looking to be even more active than last year when it comes to decriminalization and legalization bills.
There’s a reason for that, said leading reformers.
“We’re seeing more bills introduced, and they’re having stronger and more sponsors,” said Karen O’Keefe, state policy director for the Marijuana Policy Project (MPP). “We’re also seeing more and more public support for decriminalization and legalization. We’re approaching critical mass as more and more people see marijuana prohibition as a failed public policy, and in legislatures because of fiscal constraints and changing public sentiment.”
“Each year, these bills are easier to introduce, there is less controversy, and the media reaction is generally neutral to positive,” said Allen St. Pierre, executive director of NORML. “Baby boomers, medical marijuana, the Internet, and the state of the economy have all had an impact, even, finally, on legislators and their staffs,” he explained.
“Before 1996, nobody invited NORML; now our staff is regularly going to meetings requested by legislators around the country,” St. Pierre recalled. “First, we couldn’t get them to return our phone calls; now they’re calling us. Everything is in play because of activists around the country doing years of work.”
That contact with legislators has led to results, St. Pierre said. “We’ve been involved in almost all of this legislation. Either we helped write it or legislators contacted us for deep background and we’re testifying at public hearings on these bills.”
MPP has been busy, too, O’Keefe said. “We have paid lobbyists in Rhode Island and Vermont, and one of our legislative analysts, Matt Simon, is from New Hampshire and has been working on bills up there,” she said.
Perhaps not surprisingly, O’Keefe thought the prospects of passage were best in Rhode Island and Vermont. “In Rhode Island, more than half of both chambers are cosponsors of the decriminalization bill, while in Vermont, Gov. Shumlin has been very supportive, and for the first time we have a Republican sponsor in the Senate — we already had one in the House,” she said.
Getting a marijuana bill through a state legislature is a frustrating, time-consuming process, and there is a chance that none of these bills will pass this year. But there is also a chance some will, and some will pass eventually, if not this year, next year, or the year after.
Here is what is currently going on around marijuana law reform at the state house (compiled from our Legislative Center, with additional information from MPP’s list of bills and from cantaxreg.com):
Legalization Bills
Massachusetts
Thirteen months ago, Rep. Ellen Story introduced House Bill 1371, which would allow the legal and regulated sale of marijuana to adults. It was referred to the Joint Committee on Judiciary then, and it is still pending. A hearing is scheduled on March 6.
New Hampshire
Last month, Rep. Calvin Pratt (R) introduced HB 1705, which would allow people 21 and over to possess up to an ounce and allow for regulated retail and wholesale sales. Marijuana would be taxed at a rate of $45 an ounce at wholesale and at 19% of the wholesale price at retail. The bill is now before the House Criminal Justice and Public Safety Committee.
Washington
Last year, Rep. Mary Lou Dickerson (D) and 13 cosponsors introduced House Bill 1550, which would replace prohibition with regulation. It and a companion bill, Senate Bill 5598, are still both alive. Dickerson’s bill is pending in the House Committee on Public Safety & Emergency Preparedness.
Decriminalization Bills
Arizona
On January 9, Rep. John Fillmore (R) filed House Bill 2044, which would make possession of up to an ounce of marijuana a petty offense punishable by up to a $400 fine. Simple possession is currently a Class 6 felony in Arizona.
Hawaii
In March 2011, the Hawaii Senate passed Senate Bill 1460, which would reduce the penalty for possession of less than an ounce to a civil fine capped at $100. The current law specifies a jail stay of up to 30 days and a $1,000 fine. That bill was carried over and is now before the House Health, Public and Military Affairs, and Judiciary committees. Also carried over is House Bill 544, which would make possession of less than an ounce a violation instead of a misdemeanor and impose a maximum $500 fine. That bill is before the House Judiciary Committee.
Illinois
In January 2011, Rep. LaShawn Ford introduced House Bill 100, which would reduce the penalty for possession of up to 28.35 grams of marijuana to a $500 fine for a first offense, $750 for the second, and $1,000 for a subsequent offense. It would also reduce the charge from a misdemeanor to a petty offense. Under current law, possession of up to an ounce can be penalized with up to six months in jail and a $2,500 fine. The bill has been referred to House Rules Committee, and is still alive in Illinois’ two-year session.
Indiana
Last month, Sen. Karen Tallian introduced Senate Bill 347, which would reduce several marijuana-related penalties, including by making possession of up to three ounces of marijuana a civil infraction, punishable by up to a $500 fine and court costs. SB 347 was referred to the Committee on Corrections, Criminal, and Civil Matters.
New Hampshire
Last week, House Bill 1526, which would decriminalize possession of up to an ounce, got a hearing in the Criminal Justice and Public Safety Committee. Sponsored by Rep. William Panek (R),the bill would mandate a maximum $100 fine. It also provides for notification of parents of minor offenders, who could be ordered to attend a drug awareness program.
New Jersey
Last month, Assemblyman Reed Gusciora (D) introduced Assembly Bill 1465, which would reduce the penalty for 15 grams or less of marijuana to a civil penalty. The first violation would be punishable by a $150 fine, $200 fine for a second offense, and $500 after that. Any adult caught three times would be ordered to undertake a drug education program, as would any minor regardless of prior offenses. The bill is currently before the Assembly Judiciary Committee.
Rhode Island
Last month, more than half of the Rhode Island House of Representatives cosponsored Rep. John Edwards’ bill to fine adults for simple possession of marijuana and to sentence minors to drug awareness classes. The bill, House Bill 7092, was referred to the House Judiciary Committee. Current law provides for up to a year in jail and $500 fine; the bill would make it a civil offense with a maximum $150 fine.
Tennessee
In February 2011, Rep. Mike Kernell introduced House Bill 1737, which would reduce the penalty for less than 1/8 of an ounce of marijuana to a fine between $250 and $2,500. Possession would remain a Class A misdemeanor, but the bill would remove the possibility of a year-long jail sentence. Fines would remain the same. A companion bill, Senate Bill 1597, has been referred to the Senate Judiciary Committee. Both bills remain alive in the state’s two-year legislative session.
Vermont
Last year, a tri-partisan group of legislators led by Rep. Jason Lorber filed House Bill 427, which would reduce the penalty for adults’ possession of up to an ounce of marijuana to civil fine of up to $150. Minors would be sent to drug education and community service for a first offense, as would adults under 21 convicted of a second or subsequent offense. The current penalty for first offense possession of marijuana is a fine of up to $500 and/or up to six months in jail. Second offense possession is currently punishable by up to two years in prison and/or up to a $1,000 fine. The bill is still alive in the state’s two-year legislative session. Last month, Sen. Joe Benning (R) and Sen. Philip Baruth (D) filed Senate Bill 134, which would reduce marijuana penalties, including by reducing the penalty for possession of up to two ounces of marijuana to a civil fine of up to $100. It has been referred to the Senate Judiciary Committee.
Decriminalization Improvement Bills
New York
Last year, legislators filed bills aimed at removing New York City’s reputation as the world’s marijuana arrest capital. The state’s current decriminalization law creates an exception for marijuana possessed in a public place and which is burning or open to the public view. The NYPD has used that exception to arrest more than 50,000 people a year on misdemeanor charges instead of issuing them tickets. In May, Sen. Mark Grisanti (R) filed Senate Bill 5187, while Assemblyman Hakeem Jeffries introduced a companion bill, A 7620. Both bills were referred to their chambers’ Codes Committees and are still alive.
North Carolina
A bill that would reclassify possession of an ounce as an infraction instead of a misdemeanor has been filed in North Carolina. HB 324 increases the decrim amount from a half-ounce, but removes the automatic suspended sentence for a first offense.
Twelve states have decriminalized marijuana possession so far (and possession in small amounts at home is legal under the Alaska constitution), but between an initial burst of reform activity in the 1970s and Nevada’s decriminalization in 2002, there were three decades of stagnation. Since then, three more states- — California, Connecticut, and Massachusetts — have come on board, and chances are more will follow shortly, Legalization remains a tougher nut to crack, but so far, there are opportunities in five states this year.
Vermont Considers Bill To Allow Marijuana For PTSD
ther States Make Same Allowance
POSTED: 2:42 pm EST January 26, 2012
UPDATED: 4:57 pm EST January 26, 2012
State Rep. Jim Masland said he introduced the bill earlier this month at the request of a number of his constituents who were using marijuana to alleviate stress symptoms they felt were caused by their military service.
“I understand that these unnamed individuals, at least a couple, haven’t been able to find relief any other way or at least this is the best way for relief,” Masland, D-Thetford, said Thursday. “So I would say they are quietly, surreptitiously using marijuana, but they would much rather do it legally.”
Masland said the veterans who asked him to introduce the legislation had served in the Vietnam War as well as the wars the United States has fought over the last decade.
Vermont’s medical marijuana law took effect in 2004. Under it, people who suffer from a number of debilitating diseases or conditions can get permission from the state to use medical marijuana if it is recommended by their health care provider.
Vermont currently has 411 patients and 68 caregivers on the medical marijuana registry. The state is in the process of setting up rules that would allow the creation of up to four dispensaries where people could get medical marijuana legally. Currently, users or their caregivers are allowed to grow their own marijuana.
Michael Krawitz, of Elliston, Va., the executive director of the group Veterans for Medical Marijuana Use, said the use of marijuana to help veterans treat PTSD is gaining acceptance across the country.
“The bottom line is we just don’t have a lot of treatments for post-traumatic stress that are that effective,” Krawitz said.
Vermont is among a handful of states considering adding PTSD to the list of conditions that qualify patients to use medical marijuana, he said.
In a policy implemented a year ago, the Department of Veterans Affairs allows its patients to use medical marijuana in states where it is legal, although not at VA facilities, and VA health care providers can’t provide the documentation vets need to get it.
Expanding access to Vermont’s medical marijuana registry is up to the Legislature, said Francis “Paco” Aumand, the director of the Vermont Department of Public Safety’s Criminal Justice Services, which oversees the marijuana registry.
“Nobody makes any judgments relative to the medical purposes” of using medical marijuana, Aumand said. “If you meet the requirements of the law you are entitled to receive the registration card. From that perspective it’s a smoothly regulated process.”
Vermont Deputy Health Commissioner Barbara Cimaglio said the department would be reviewing Masland’s proposal, which was introduced and referred to committee last week.
In 2007 New Mexico legalized medical marijuana. Its program differs from most in that the state oversees the production and distribution of marijuana. PTSD was added to the list of conditions in 2009. Since PTSD and a number of other conditions were added to the list of qualifying illnesses applications have soared.
If Masland’s bill is passed in Vermont it wouldn’t be restricted to military veterans suffering from PTSD.
Masland said his proposal has been sent to committee to discuss. He doesn’t know if it will be acted upon this year, but he is happy the issue is being discussed.
“No one has approached me in the building and said this is a terrible idea,” he said from the Statehouse in Montpelier. “But given the breath of the issues that we have before us, it’s not the top of a lot of peoples list. And that’s just reality.”
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