S.241, sponsored by Senator Jeanette K. White, was approved by the Vermont Senate in a 17-12 vote after a 16-13 preliminary vote. The bill now moves to the House Of Representatives for approval. If approved, the bill will then have to be signed into law by the Governor.

The bill aims to allow those who are at least 21 or older to purchase up to an ounce of marijuana. It also establishes a “possession limit”, meaning the amount of marijuana anyone who is at least 21 or older can possess at any given time is limited to one ounce.

Anyone under 21 who possesses an amount of marijuana equal to or less than the possession limit or lied about their age in order to obtain marijuana has committed a civil offense and will be enrolled in the Youth Substance Abuse Safety Program. If they fail the program they will be subject to a civil penalty of $300 and their driver’s license will be suspended for 90 days. On the second offense, they will be subject to a civil penalty of $600 and their driver’s license will be suspended for 180 days.

If the person under 21 possessed more than the possession limit, they will be enrolled in the Youth Substance Abuse Safety Program and if they fail, they will be subject to a civil penalty of $600 and their driver’s license will be suspended for 180 days.

Along with a suspended driver’s license, their insurance rates may skyrocket. If the person passes the program, then no penalty will be issued and everything will be a-okay.

However, if the person is under 16, they will be considered delinquent and will be subject to 33 V.S.A. Chapter 52.

Anyone enabling the use of marijuana for someone who is under 21 will be imprisoned for no more than two years or fined no more than $2000, or both.

Those who are 21 or older and possess or cultivate more than the possession limit will be subject to a civil penalty no more than $500. If they possess or cultivate five times the possession limit, they will be subject to a civil penalty no more than $1000. If they possess or cultivate ten times the possession limit, they will be subject to a civil penalty no more than $10000.

Those who sell or “dispense” marijuana will be subject to the following:

The bill does make an exemption to this, saying “This [does not] apply to cultivators, product

manufacturers, testing laboratories, retailers, lounges, and their owners, officers, staff members, and agents who are in compliance with State law …”

The bill also plans to “expunge criminal history records”, the section in its entirety is as follows:

“On or before December 31, 2016, the Civil Division of the Washington County Superior Court shall issue an order to expunge all records and files related to the arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and any sentence related to a misdemeanor conviction for possession or cultivation of cannabis. Copies of the order shall be sent to each agency, department, or official named therein. Thereafter, the courts, law enforcement officers, agencies, and departments shall reply to any request for information that no record exists with respect to such person upon inquiry in the matter.”

Due to the 25% sales tax this bill will place on marijuana, Senator Dick Sears (voted “Yea”) says that this bill would likely generate $30-40 million in new tax revenue every year.

Source: Vermont Senate Approves Recreational Marijuana Bill – Deep Dot Web

Michigan Bill To Legalize Recreational Marijuana

Michigan state Senator Coleman Young II has introduced Senate Bill 0813 and Senate Joint Resolution O. The purpose of the bill is to regulate and tax marijuana while the join resolution proposes “an amendment to the state constitution of 1963, by adding section 40a to article IV, to

decriminalize the possession and use of [marijuana].”

Young introduced this bill “in the interest of law enforcement to focus on violent and property crimes”.

“In the interest of allowing law enforcement to focus on violent and property crimes, generating revenue for education and other public purposes, and individual freedom, the legislature finds and declares that the use of [marijuana] should be legal for individuals 21 years of age or older and taxed in a manner similar to alcohol.”

The bill aims to place a sales tax at:

• $50 per ounce of marijuana flowers
• $25 per immature marijuana plant
• $15 per ounce of marijuana other than marijuana flowers

Similarly to Vermont, the bill enacts a “possession limit”. The possession limit described in the bill is as follows:

* If the marijuana produced by the plants exceed 1 ounce, it must be possessed in the same place where the plants are “cultivated”.

The bill also outlines what will no longer be considered criminal or a civil offense as long as the person is 21 years or older:

• Possessing, consuming, growing, using, processing, purchasing, or transporting an amount of marijuana that does not exceed the possession limit.
• Transferring 1 ounce or less of marijuana or not more than 6 immature marijuana plants to an individual who is 21 years of age or older without remuneration.
• Controlling property where actions that are described in this section occur.
• Assisting another individual who is 21 years of age or older in any of the acts described in this section.

Individuals under 21 who lie in order to obtain marijuana or gain access to a marijuana establishment will be fined up to $400.

Those who cultivate marijuana must ensure that the plants can not be seen by the public and can not be accessed by someone who is under 21. The cultivation must also take place on property that is lawfully owned by the cultivator or property that the cultivator has permission to use. Failing to do so will result in a fine up to $750.

Individuals who smoke marijuana in a public place will be fined up to $100.

Smoking marijuana while operating a motorized vehicle used for transportation will result in a fine or suspension of driver’s license, or both. First offense results in a fine up to $200, suspension up to 6 months. Second offense up to $500, suspension up to 1 year.

Young said that there too many people in jail because of marijuana and that he wants to end that.

“If you’re 21 or older and you’re not hurting anybody and you want to smoke a bong and stare at a fireplace for four and a half hours, that’s your right, Leave people alone.”

Source: Michigan Bill To Legalize Recreational Marijuana – Deep Dot Web

Lawmakers are poised to approve legalizing full-strength marijuana for terminally ill patients after supporters fought off attempts in the Senate to expand the proposal Friday.

Lawmakers are poised to approve legalizing full-strength marijuana for terminally ill patients after supporters fought off attempts in the Senate to expand the proposal Friday.

The measure would make full-strength marijuana legal for the first time in Florida by adding cannabis to the list of experimental drugs available to patients diagnosed with illnesses that could result in death within a year without life-saving interventions.

A vote could come as early as Monday, with the bill (HB 307) then going to Gov. Rick Scott. The House approved the bill Thursday.

But most of the Senate discussion Friday focused on another portion of the bill, aimed at resolving problems with a 2014 law that legalized non-euphoric marijuana for patients with cancer or chronic seizures, including children with severe epilepsy.

Doctors were supposed to be able to order the low-THC cannabis products for patients more than a year ago, but legal challenges delayed implementation of the law, spurring frustrated lawmakers to propose the changes in this year’s legislation.

Under the 2014 law, nurseries that have been in business for 30 years and grow at least 400,000 plants were eligible to apply for one of five highly sought-after licenses to grow, process and distribute the cannabis products.

Health officials selected the five “dispensing organizations” in November, prompting another round of challenges. Hearings in the cases are slated to run from March through the end of July. Meanwhile, the dispensing organizations are in the process of beginning to cultivate the marijuana, which must be low in euphoria-inducing tetrahydrocannabinol, or THC, and high in cannabadiol, or CBD.

The bill ready for approval includes provisions that would allow each of the five applicants selected by health officials in November to keep their licenses and also would allow applicants whose challenges are successful to get licenses.

The measure would allow for three new dispensing organizations, once doctors have ordered medical marijuana treatments for at least 250,000 patients. It also includes an accommodation for black farmers, who complained they were shut out from applying for the licenses because none of the state’s black farmers met the criteria for the licenses.

But the changes to the measure — which ultimately could increase the number of dispensing organizations to a dozen — don’t go far enough to fix a bad law, Sen. Jeff Clemens said.

The focus of the 2014 law “was to help people and we haven’t helped anyone … because other members of this Legislature have been focused more on helping people out in the hallway more than helping people in our communities,” Clemens, a Lake Worth Democrat, said. “It was written to undermine the free market, and it was written to pick winners and losers.”

Sen. Rob Bradley, the bill’s sponsor who was instrumental in passage of the low-THC law, said he filed the legislation because he was “frustrated … with people suing and worrying more about money than patients.”

Bradley argued against changing the bill, saying that it was a result of a compromise with the House. And, Bradley said, a proposed constitutional amendment on the November ballot that would legalize medical marijuana for a broad range of patients will open up the market if it passes.

But Clemens and other critics of the measure filed more than 30 amendments, including proposals that would have expanded the types of patients who could qualify for the full-strength marijuana and would have allowed farmers — and not just nurseries — to compete for the licenses, all of which failed.

One proposal, aimed at helping veterans, would have allowed people with post-traumatic stress disorder to qualify for the medical marijuana treatment. Sen. Greg Evers, the amendment’s sponsor, said it would help keep veterans, who self-medicate with illegal drugs or addictive prescription drugs, out of trouble.

“We owe it to them to have less powerful pain killers, less powerful sleep options … and not put them into veteran courts,” Evers, R-Baker, said.

Saying that his two brothers served overseas, Bradley insisted that his family “loves the military.”

“The Bradley family loves the military. This is not an up or down vote on how much we love our veterans,” he said.

Evers’ amendment died on a tie vote.

Source: Medical marijuana expansion ready for approval

Detroit has a new set of medical marijuana laws that officially went into effect on Thursday that requires owners of dispensaries to have a license to do business.

Source: New medical marijuana laws in place in Detroit – Story | WJBK

Citizen petition for Maine marijuana legalization and fail. There were nearly 48,000 invalid signatures on petitions for An Act to Legalize Marijuana, according to the secretary of state’s office.

AUGUSTA, Maine — An attempt to ask Maine voters in a November 2016 referendum whether they want to legalize recreational marijuana has failed, the secretary of state’s office said Wednesday.

David Boyer, Maine political director for the Marijuana Policy Project, said Wednesday afternoon that his group intends to challenge the ruling.

 

“Based on documents they have provided, it appears that more than 17,000 valid signatures from registered Maine voters were excluded from the count because the signature of a single notary — whose notary commission has not expired — did not exactly match the signature the state has on file for that notary,” said Boyer in a written statement. “We are exploring all legal means available to appeal this determination, and we sincerely hope that 17,000-plus Maine citizens will not be disenfranchised due to a handwriting technicality.”

The group has 10 business days to file an appeal, which would be decided in Superior Court, said Secretary of State Matthew Dunlap.

“We’re not saying any malfeasance was or wasn’t done,” said Dunlap. “That’s not up to us to determine. … Our goal isn’t to invalidate signatures. The goal is to make sure they are valid.”

Petitioners for An Act to Legalize Marijuana turned in 99,229 signatures, but Dunlap’s office could validate only 51,543 of them — far short of the statutory threshold of 61,123 valid signatures. There were nearly 48,000 invalid signatures, Dunlap said in a news release.

Proponents of the measure received their petitions on April 28, 2015. Ballot initiative petitions are valid for a year, meaning that the proponents can gather more signatures between now and April 28, 2016, in an effort to reach the threshold of 61,123 valid signatures. However, the deadline to qualify for this year’s ballot passed on Feb. 1, meaning the question would go on a ballot next year.

The citizens initiative sought to legalize the possession, purchase, growth and sale of marijuana for Mainers 21 years old or older. Initially two groups started collecting signatures for competing marijuana legalization ballot questions, but they joined forces during the signature-gathering process.

Dunlap provided the following reasons for the petition’s failure:

— 31,338 were invalid because the circulators’ signatures did not match the circulators’ signatures or the signature of the notary listed as having administered the oath.

— 13,525 signatures were invalidated because they were not certified as belonging to registered voters in Maine.

— The remaining signatures were invalidated for reasons ranging from paperwork errors to signatures that could not be verified.

Scott Gagnon, director of a group called Smart Approaches to Marijuana, has long been a leading opponent in Maine to marijuana legalization of any kind. He said Wednesday that he was shocked that the petition failed but pleased that he and his supporters will now have more time and resources to fight the abuse of other drugs.

“It’s good news, from our perspective,” said Gagnon, who also is co-chairman of the Maine Opiate Collaborative. “We’re glad it’s off the radar, especially in light of this addiction problem we’re in the middle of in Maine.”

Source: Citizen petition for Maine marijuana legalization fails — Politics — Bangor Daily News — BDN Maine

Supporters of medical marijuana in Florida have gathered enough signatures to get Amendment 2 back on the ballot come November.

ORLANDO, Fla. — Supporters of medical marijuana in Florida have gathered enough signatures to get Amendment 2 back on the ballot come November.

In 2014, the medical marijuana movement missed 2 percent of the vote it needed to pass.

Orlando attorney John Morgan, who’s bankrolling the movement, said at a press conference Thursday he’s confident enough voters will support the updated amendment.

This time around, supporters said they’ve closed loopholes and they believe after November, medical marijuana will be legal in Florida.

“We only lost a battle and not the war. (We’re) coming back to finish the battle and win the war,” said Morgan.

The 58 percent of voters across Florida who supported medical marijuana in 2014 will have their say again this presidential election.

Supporters gathered the support of more than 683,149 voters needed to get the item on the ballot. It took less time to get on the ballot than it did in 2014.

Next, it has to pass on the November ballot by 60 percent.

And with the addition of a few words that Morgan said will close any loopholes in the law, he’s confident it will pass.

“What we did was clarify the list of debilitating diseases, or other debilitating diseases,” he said.

This time, it’s not just the wording that will help push the momentum forward, but also strategy he’s learned along the way.

Morgan said his group worked too hard to reach the young voters and get them to the polls and that didn’t quite work.

“I really should have been educating older people like me,” he said.

For 2016, his group will target voters who are 60 or older.

Because this is a presidential election year, he said there will be more voters to reach and he’s predicting success.

“If we can pass this 400K, really sick people will benefit on day one,” he said.

The amendment would include smokable marijuana, if it passes.

Morgan said if the amendment fails this time around he would support someone else taking over the movement.

Source: John Morgan confident medical marijuana will pass second time around | WFTV

Those for and against marijuana say they plan to carry on with their campaigns and continue to collect signatures.

BILLINGS –Just one day after the Montana Supreme Court upheld nearly all of the Montana Medical Marijuana Act, those for and against marijuana say they plan to carry on with their campaigns and continue to collect signatures.

Both sides say they look at Thursday’s ruling by the high courtas a positive. Three separate Initiative campaigns are in the process of collecting signatures to qualify their measures for Montana’s ballot this fall.

Initiative 176 would make drugs that are illegal federally, including marijuana, also illegal in the Montana. Meanwhile, I-178 and Constitutional Initiative 115 would both make marijuana legal in the state.

The leader of the I-176 group says this week’s ruling is big and will help its campaign to make marijuana illegal.

That group was at MetraPark Friday collecting signatures near the Rimrock Auto Arena, the site of this weekend’s Super Class A divisional basketball tournament.

At the same time, the head of I-178 and CI 115 says those concerned about the constitutionality of the Montana Medical Marijuana Act can now focus their attention on the ballot initiatives and the signature gathering campaign.

“If anything it strengthened (our campaign),” said Doug May, a member of Cycling for Sensible Drug Policy. “It’s made a lot of people really mad and I know there’s been several hundred hits on the site today. People trying to find out what to do and make things happen.”

“I will say I believe it helps because it shows the the people in Montana are clearly not OK with illegal drugs,” said Matt Rich, campaign manager for SafeMontana. “They do want happy healthy and motivated families to live in Montana.”

I-176 and I-178 require more than 24,000 signatures to get on the ballot.  CI 115 needs about double that amount, more than 48,000.

To qualify for the November election, the required signatures need to be turned in to the Secretary of State’s office by June 17.

Source: Court ruling inspires pro and anti marijuana campaigns – KPAX.com | Continuous News | Missoula & Western Montana

With less than five months to go before medical marijuana dispensaries can open in Hawaii, business owners could be facing unique obstacles in a state of islands separated by federal waters.

Dispensaries can open as soon as July 15, but industry experts say they could be confronted with challenges unlike those in other states, such as navigating rules that ban inter-island transport and limit the number of growers — all of which could cause marijuana shortages. A lack of labs to test the crop presents another challenge for state lawmakers.

“Hawaii is going to be a really interesting market in general, basically because of the geography,” said Chris Walsh, managing editor of Marijuana Business Daily. “First, it’s a chain of islands separated by bodies of water, and second, it’s remote.”

The Hawaii Department of Health is currently reviewing dispensary applications, and plans to award licenses in April. Actor and marijuana advocate Woody Harrelson and video game designer Henk Rogers are among 59 Hawaii residents who have applied for licenses.

Under a law passed in 2015, Hawaii will grant eight licenses for marijuana businesses, each of which can have two production centers and two dispensaries. Three licenses will be awarded for Oahu, two for Hawaii Island, two for Maui and one for Kauai.

However, the law banned inter-island transport. Marijuana advocates say that will separate the industry into distinct economies on each island, unlike other states. It could also lead to marijuana shortages, and go as far as preventing some dispensaries from even selling marijuana until laboratories are approved.

All medical marijuana must be tested in a state-approved laboratory before it’s sold, but currently, there are none in Hawaii. Some worry that high startup costs and low patient numbers will prevent laboratories from opening on rural islands.

“Clearly, not every island can support a full-on laboratory,” said Pam Lichty, president of the Drug Policy Action Group.

In response, Hawaii lawmakers are considering whether to allow marijuana to be transported to another island if a laboratory isn’t available. Rep. Della Au Belatti, who introduced the bill, said lawmakers are trying to figure out how to get around federal laws that prevent marijuana from being transported by sea or air. She said she asked state agencies to look at other state policies for answers.

Some airports in Washington, Oregon and Alaska allow travelers to fly with marijuana, airport officials told The Associated Press. They said the Transportation Security Administration sends travelers with marijuana to local law enforcement officers, who allow people to board flights carrying legal amounts under state law.

However, the Federal Aviation Administration is required to revoke pilots’ licenses if they knowingly commit a federal crime involving a controlled substance on an aircraft — for instance, transporting marijuana.

The Department of Justice says it is less likely to interfere with state marijuana programs as long as they’re well-regulated, according to a 2013 memo.

Medical marijuana advocates in Hawaii say patients would benefit from relaxed laws on inter-island transport. For instance, a crop failure on Kauai, with only one license, could leave patients without medicine for months.

Marijuana shortages are not unheard of. States like Massachusetts and New Jersey have dealt with shortages due to low yields and mold contamination. Those in the industry say Hawaii dispensaries could face pot shortages if something goes wrong in the grow process, which could be a higher possibility as growers start out.

“Grows that are not set up properly will fail,” said Jeremy Nickle, who owns Hawaiian Holy Smokes and is applying for a dispensary.

Hawaii’s medical marijuana industry could also face other problems, such as the nation’s highest electricity costs and a thriving underground market. Hawaii was the first state to legalize medical marijuana through the legislative process 16 years ago, which means many patients already know where to find marijuana.

Source: As a State of Islands Marijuana Sales Tricky for Hawaii – ABC News

Applause and tears filled the Utah Senate chamber Thursday as a controversial medical marijuana bill passed with more yes votes than expected.

SALT LAKE CITY — Tears filled Enedina Stanger’s eyes as she watched the Utah Senate pass a controversial medical marijuana bill that she says won’t help her but would help thousands of Utahns.

“This is a win for Utah. This is a win for love and compassion,” the former West Weber woman said from her wheelchair after the 17-12 vote. “This is such a miracle.”

Stanger, who has a rare connective tissue disorder called Ehlers-Danlos syndrome, moved with her husband, Michael, and two young daughters to Colorado last December for access to medical cannabis.

She said her condition requires the whole plant, which Sen. Mark Madsen, R-Saratoga Springs, ultimately pulled from SB73 to help get it through the Senate. The legislation now goes to the House where advocates of the proposal believe it has a good chance to pass.

Source: Senate passes controversial medical marijuana bill | KSL.com

MedMen CEO Adam Bierman on the Challenges of Marijuana Industry – Fortune