This Week from NORML
DOJ Revises Administration's Position Regarding State Medical Marijuana Laws
Montana: Judge Halts Imposition Of New Restrictions On Medical Marijuana Doctors And Providers
Connecticut: Marijuana Infraction Measure Signed Into Law
Recent Action Alerts
Massachusetts Legislature Considers Medical Marijuana Measure Details
Bill To Decriminalize Marijuana Possession Introduced In New Jersey Details
Time is Running Out to Approve Legislation to Reduce Marijuana Possession Penalties in Rhode Island Details
DOJ Revises Administration's Position Regarding State Medical Marijuana Laws
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Washington, DC: The United States Department of Justice issued a memorandum to US Attorneys last week revising the administration's position regarding the use of federal resources in states that have enacted laws allowing for the use of distribution of medical cannabis to authorized patients. It is the second such memo issued by the Obama administration.
The DOJ memo seeks to clarify the administration's stance after US Attorneys this spring sent letters to several state lawmakers threatening to prosecute medical marijuana providers, or in some cases state employees who licensed such providers, even in instances where such conduct was in strict compliance with state law.
According to the latest memorandum, dated June 29 and signed by Deputy Attorney General James M. Cole, the warnings issued in the previous US Attorney letters are "entirely consistent" with DOJ policy.
The memo states, "[I]t is likely not an efficient use of federal resources to focus enforcement efforts on individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law." By contrast, the DOJ notes that "Persons who are in the business of cultivating, selling, or distributing marijuana, and those who knowingly facilitate such activities, are in violation of the Controlled Substances Act, regardless of state law."
To date, three states -- Colorado, New Mexico, and Maine -- have allowed for the operation of state-licensed medical marijuana producers and providers. Five additional states -- Arizona, Delaware, New Jersey, Rhode Island, and Vermont -- as well as the District of Columbia have similar laws, but have either suspended or not yet implemented their medical marijuana distribution programs.
Governors Jan Brewer (Republican, Arizona), Chris Christie (Republican, New Jersey), and Lincoln Chafee (Independent, Rhode Island) -- each of whom had elected to halt their state's medical marijuana dispensary programs in recent months -- have yet to issue public statements in response to the DOJ memo.
As a candidate, President Obama had pledged that he would "not ... be using Justice Department resources to try to circumvent state laws on this (the medical marijuana) issue."
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. Full text of the Cole memorandum is available online at: http://www.freedomisgreen.com/full-text-department-of-justice-memo-on-medical-marijuana/.
Montana: Judge Halts Imposition Of New Restrictions On Medical Marijuana Doctors And Providers
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Helena, MT: A District Judge on Thursday issued a temporary injunction barring the enforcement of several new, restrictive provisions in the state's medical marijuana law.
In May, Democrat Gov. Brian Schweitzer allowed Senate Bill 423 to become law without his signature. The new law, which legislators enacted with the intent of significantly reducing the existing number of state authorized patients, took effect on July 1.
However, several of the more restrictive provisions in the law will not go into effect. Specifically, Helena District Judge James Reynolds enjoined the requirement that advising physicians be reported to the state Board of Examiners if they recommend cannabis to more than 25 patients per year. Other restrictions limited marijuana providers to distributing to a maximum of three patients, allowing for unannounced searches of providers, and barring them from receiving anything of value for their product were also struck down.
John Masterson of Montana NORML said of the ruling, "This is a victory for all Montanans, regardless of your position on marijuana policy. It means that ideologue legislators should think twice before overturning the will of the people with unconstitutional and capricious new legislation."
State medical marijuana advocates are also moving forward with a referendum to allow voters to decide in 2012 whether any provisions of SB 423 should remain law. In June, the Secretary of State's office approved the language of the proposed petition. Advocates have until September the gather the necessary number of signatures from registered voters. Doing so will block the entirety of the law from taking effect pending a vote of the people in 2012.
Montana NORML will be hosting a fundraising concert, Marijuana Aid 2011, to help offset legal and campaign costs on July 23, 2011. More information about this event is available online at: http://www.marijuanaaid.org/.
For more information, please visit Montana NORML online at: http://www.montananorml.org.
Connecticut: Marijuana Infraction Measure Signed Into Law
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Hartford, CT: Democrat Gov. Dan Malloy signed legislation into law on Thursday, June 30 'decriminalizing' the possession of small, personal use amounts of marijuana by adults. The new law, Senate Bill 1014, took effect on Friday, July 1.
Senate Bill 1014 reduces the penalties for the adult possession of up to one-half ounce of marijuana from a criminal misdemeanor (formerly punishable by one year in jail and a $1,000 fine) to a non-criminal infraction, punishable by a $150 fine, no arrest or jail time, and no criminal record. The new law similarly reduces penalties for the possession of marijuana paraphernalia.
Connecticut's new law is similar to the existing 'decriminalization' laws in California, Colorado, Maine, Massachusetts, Nebraska, New York, and Oregon where private, non-medical possession of marijuana is treated as a civil, non-criminal offense.
Five additional states -- Minnesota, Mississippi, Nevada, North Carolina, and Ohio -- treat marijuana possession offenses as a fine-only misdemeanor offense. Alaska law imposes no criminal or civil penalty for the private possession of small amounts of marijuana by adults.
Lawmakers in California and Kentucky previously enacted laws this year reducing penalties for marijuana possession.
For more information, please contact Allen St. Pierre, NORML Executive Director, at (202) 483-5500, or Erik Williams of Connecticut NORML at (860) 805-3243 or via e-mail at: ewilliams@campaignswon.com.
