Delaware House panel approves marijuana legalization bill

DOVER, Del. – (AP) – A bill legalizing the recreational use of marijuana in Delaware has cleared its first legislative hurdle.

The legislation, which was released Wednesday by a House committee and now goes to the full House for a vote, regulates and taxes marijuana in the same manner as alcohol.

The bill doesn’t allow people to grow their own marijuana but allows adults over age 21 to legally possess less than an ounce of marijuana for personal use.

The legislation would create a commission to regulate, license and tax the marijuana industry, allowing licenses for up to 40 retail stores.

Consumers would pay an excise tax of $50 an ounce, while businesses would pay an application fee of $5,000 and a $10,000 licensing fee every two years.

Delaware Senate to discuss decriminalization bill 

UPDATE:

June 18, 2015

The Delaware Senate approved a bill 12-9 that will eliminate criminal penalties and jail time for adult possession of a small amount of marijuana. Under current Delaware law, adults found guilty of marijuana possession face a maximum punishment of a $575 fine and three months in jail. They also get a permanent criminal record. The new law makes possession a civil offense, punishable by a fine of up to $100 with no possibility of jail time, much like a traffic ticket.

Original article Below!

June 15, 2015

          Legislation to decriminalize possession and personal use of small amounts of marijuana heads to the Senate floor on Thursday, with an amendment expected that could send the legislation back to the Delaware House of Representatives. As written, the legislation, sponsored by Rep. Helene Keeley, D-Wilmington, would allow Delawareans to possess up to an ounce and use marijuana privately without facing criminal sanctions. Criminal penalties would be replaced with a civil $100 fine. An amendment expected in the Senate would reduce the amount of marijuana subject only to civil penalties to half of an ounce. The legislation cleared the Senate Judiciary Committee on Wednesday.

Law enforcement groups have forcefully opposed the legislation.But a representative from the Delaware Police Chiefs’ Council said the group will not actively oppose the bill if lawmakers adopt the amendment.

The House passed the decriminalization measure earlier this month. Gov. Jack Markell has indicated he will sign the legislation.

California presents pesticide guidelines for cultivating cannabis

The State of California is taking historic steps to protect watersheds amid the devastating ongoing drought, combined with an uptick in cannabis cultivation along remote, sensitive watersheds. The State Water Board has new outreach brochures encouraging folks to “Know Before They Grow” and warning contractors of the fines associated with unpermited roadbuilding and bulldozing of streams.

The state is also making historic efforts to educate cultivators on allowable pesticides, releasing a “Pesticide Use on Marijuana” paper. The guidelines are “being provided for informational purposes only” and the state does “authorize, permit, endorse, or in any way approve the use, sale, cultivation, or any other activity associated with marijuana. Any such activity is subject to prosecution under federal law.”

All judgement aside, the State Water Board wants people using pesticides correctly. 


1) NO ILLEGAL MEXICAN PESTICIDES
“Pesticides must be registered by both the U.S. Environmental Protection Agency (U.S. EPA) and the California Department of Pesticide Regulation (DPR) before they can be sold and used in California.”

2) BUYER BEWARE
“There are no pesticides registered specifically for use directly on marijuana and the use of pesticides on marijuana plants has not been reviewed for safety or human health effects.”

3) THE KEY IS RESIDUE
“Under California law, the only pesticide products not illegal to use on marijuana are those that contain an active ingredient that is exempt from residue-tolerance requirements; and are registered and labeled for a use that is broad enough to include use on marijuana (e.g. unspecified green plants); or are exempt from registration requirements as a minimum risk pesticide under FIFRA.”

4) READ THE LABEL
“Before using any pesticide, ALWAYS read and follow the pesticide label. The label is the law.”

5) GET A PERMIT
“If you apply pesticides to a field, you must obtain an operator identification number from the County Agricultural Commissioner and submit monthly pesticide use reports to that office. Note: No operator identification number will be issued in any local jurisdiction that prohibits marijuana cultivation.”

6) AVOID ‘RESTRICTED USE’
“U.S. EPA designates certain pesticide products as federally “Restricted Use” products when they determine those products may cause unreasonable adverse effects even when used as directed on the product labeling. Restricted Use pesticides are limited to use by certified applicators, or to those under the supervision of a certified applicator.”

7) NO ‘RESTRICTED MATERIALS’
“U.S. EPA designates certain pesticide products as federally “Restricted Use” products when they determine those products may cause unreasonable adverse effects even when used as directed on the product labeling. Restricted Use pesticides are limited to use by certified applicators, or to those under the supervision of a certified applicator. Permits will not be issued for marijuana cultivation sites.

8) PROTECT YOUR WORKERS
“Employers must protect their workers from exposure to pesticides. State law requires that employers follow the pesticide label and Provide required personal protective equipment; provide required training and access to pesticide labels and safety information; and properly store, handle, and dispose of pesticides.

9) CAREFUL WITH RODENTICIDES
“Rodenticides that are designated as California Restricted Materials cannot be used; and those that are only designated as federally Restricted Use products can only be used by a certified commercial applicator. There are some rodenticides labeled for below ground applications that are not designated as California Restricted Materials or federally Restricted Use pesticides that can be used if consistent with the label. 

10) USE NATURAL RODENTICIDES
“The following rodent repellants may be used in and around marijuana cultivation sites consistent with the label: Capiscum Oleoresin, Putrescent Whole Egg Solids, Garlic.

Salt Lake City, Utah- Senate Kills Bill 

SALT LAKE CITY – Legislation that would have legalized medicinal marijuana in the state was killed in the state Senate by a single vote Monday night. Senate Bill 259, which passed a second substitute version of the bill in the Senate last week in a 16-13 vote, was defeated in its fourth substituted version’s third reading Monday night in a 15-14 vote. “Obviously I’m disappointed,” said Sen. Mark Madsen, R-Saratoga Springs, following the Monday nights vote. 


Madsen said he was disappointed in the Senate and some fellow senators who he thought supported the bill. As well, he said he felt disappointed in himself for letting down the people the bill is meant to aid. SB 259 would have allowed individuals with qualifying illnesses to be able to register with a state database in order to possess medical cannabis and related devices for ingestion. State-licensed individuals could also grow and sell medical cannabis.


Among the qualifying illnesses the bill list includes: AIDS, Alzheimer’s Disease, Chron’s Disease, glaucoma, post traumatic stress disorder, cancer, multiple sclerosis and other ailments.


Sen. Evan Vickers, R-Cedar City, a pharmacist by profession, said in an email Friday that he felt the bill didn’t give the state enough oversight in the matter.


“It does not allow for the state to have any oversight for important things like money transactions, inspections of its manufacturing facilities, the testing and labeling of the product, patient counseling, verification that the prescription from the physician is valid, etc.,” Vickers wrote.


Vickers voted against the second version of SB 259 last week, and did so again Monday night when a fourth version was put forward. However, he said he wasn’t completely against the idea of medicinal cannabis.


A no vote doesn’t mean you aren’t intrigued with the idea, because many of us are, me included,” Vickers said.


Some lawmakers, such as Sen. Todd Weiler, R-Woods Cross, said they worried the bill could open the door to policy abuse. Gov. Gary Herbert has also said he worried that approving medicinal marijuana would open the door to recreational use.


“If the Legislature won’t do it, let’s have the people do it themselves,” Madsen said, suggesting the possibility of the public seeking medical marijuana legalization through a public initiative if their elected officials keep refusing to advance it on their end.


Legislators want to put marijuana rules on the fast track in Alaska

SOURCE: NEWSMINER .COM

By Matt Buxton

JUNEAU — With legalized marijuana a month away, lawmakers are hoping to fast track legislation they hope will clear up legal gray areas.

On Friday, the Senate Judiciary Committee introduced Senate Bill 30 to address underage consumption, what constitutes a public place (because public consumption of marijuana will still be illegal) and addresses driving with marijuana.

Ballot Measure 2, which passed by wide margins in the Fairbanks and Juneau areas, makes marijuana possession, use and growing legal when the law officially goes into effect on Feb. 24, 2015. Commercial production and sales will follow next year.

North Pole Republican Sen. John Coghill, the vice-chair of the Judiciary Committee, said the bill is intended to give law enforcement clarity with how to enforce the changes. He said the goal is to get the bill passed before Feb. 24.

“This (bill) deals with what we are immediately implementing,” he said. “We have to at least give clarity to the people who will hold people accountable. We would like to get this to the governor as soon as possible.”

The bill creates laws against a person younger than 21 consuming or possessing marijuana, makes it a crime to give marijuana to a minor, and adds marijuana to the open container laws that already apply for transporting alcohol in a motor vehicle.

It also ties the laws against public consumption of marijuana to existing definition of a public place, which covers anywhere the general public has access. That definition would include a private business open to the public, like a bar.

But there are also a number of points — both big and small — supporters of legalized marijuana see with the bill.

“We’ve got a shopping list of concerns with that bill,” said Bruce Schulte, the spokesman of the Alaska-based Coalition for Responsible Cannabis Legislation. “I understand that they’re on a tremendous time crunch and I think (Judiciary Committee Chair) Sen. Lesil McGuire’s office has the right idea in mind. They want to get it into the queue to get things in place and that’s what’s driving this.”

His biggest complaint is instead of repealing existing laws against marijuana, the bill creates a number of criteria that would serve as a defense to those existing crimes. It would mean people could potentially be arrested and charged for possessing or using marijuana in situations Ballot Measure 2 makes legal, Schulte said.

“It’s guilty until proven innocent instead of innocent until proven guilty,” he said. “If Senate Bill 30 were to play out and go through exactly as written, then law enforcement could go to any marijuana business and arrest them on the spot and let it play out in court. That’s the antithesis of it of what Ballot Measure 2 was.”

But both Schulte and Coghill acknowledge the bill introduced on Friday is a starting point for the legislation, and it could change dramatically by the time it reaches the governor’s desk.

Coghill, along with many members of the Legislature, was an outspoken opponents of legalizing marijuana, but said he putting effort into the bill and hopes to get it right with voters.

“Why are we trying to work with this? Because we have a huge respect for the voters of Alaska,” he said. “We have voted it in and we’re addressing public safety.”

The bill is one of many introduced relating to marijuana this session.

A bill by Rep. Paul Seaton, R-Homer, would delay regulations for marijuana concentrates for one year. Another bill by the House Community and Regional Affairs committee would clean up language dealing with local control and regulation of marijuana.

The bill dealing with regulatory work for commercial marijuana growing and sales, including likely the formation of the Marijuana Control Board, will be introduced later this session, Coghill said.

The Judiciary Committee has scheduled meetings on Senate Bill 30 during each of its meetings next week, on Monday, Wednesday and Friday. Public testimony on the bill is scheduled for 1:30 p.m. Jan. 30. People can testify by attending a local Legislative Information Office.

Congress Hands A Mixed Bag to Marijuana Movement

The year-end spending bill gives momentum to the marijuana movement, plus a painful setback

For the marijuana legalization movement, 2014 ends the way it began: with legal changes that showcase the movement’s momentum alongside its problems.

Tucked into the 1,603-page year-end spending bill Congress released Tuesday night were a pair of provisions that affect proponents of cannabis reform. Together they form a metaphor for the politics of legal cannabis—an issue that made major bipartisan strides this year, but whose progress is hampered by a tangle of local, state and federal statutes that have sown confusion and produced contradictory justice.

First the good news for reformers: the proposed budget would prohibit law enforcement officials from using federal funds to prosecute patients or legal dispensaries in the 32 states, plus the District of Columbia, that passed some form of medical-marijuana legalization. The provision was crafted by a bipartisan group of representatives and passed the Republican-controlled House in May for the first time in seven tries. If passed into law, it would mark a milestone for the movement, restricting raids against dispensaries and inoculating patients from being punished for an activity that is legal where they live but in violation of federal law.

“The enactment of this legislation will mark the first time in decades that the federal government has curtailed its oppressive prohibition of marijuana, and has instead taken an approach to respect the many states that have permitted the use of medical marijuana to some degree,” Rep. Dana Rohrabacher said in a statement to TIME. The California Republican’s work on the issue reflects the strange coalition that has sprung up to support cannabis reform as the GOP’s libertarian wing gains steam and voters’ views evolve.

At the same time, the House chose to overrule Washington, D.C., on the issue. Last month voters in the District chose to liberalize its marijuana laws, passing an initiative that legalized the possession, consumption and cultivation of recreational marijuana. The move, which was supported by about 70% of the capital’s voters, paved the way for D.C. to follow in the footsteps of Colorado and Washington State by establishing a tax-and-regulatory structure for cannabis sales in 2015.

Source

Georgia lawmakers are gearing up to re-introduce legalizing a form of medical cannabis for children next legislative session

13wmaz.Com – Local news

For Haleigh Cox, every small step and every smile is a gift.

“She celebrated her 5th birthday last Saturday, says mom Janea Cox, “and we were told by doctors that she more than likely wasn’t going to make it to her 5th birthday, so it was a pretty great celebration to be able to see her thriving more than she was when we were in Georgia. ”

After 4 months living in Colorado, Cox says a form of medical marijuana has brought Haleigh’s seizures down from hundreds a day to just 6 or 7 on a bad day.

Now the girl who at one point stopped breathing in January is becoming a new person.

“We were able to put her in a toddler swing for the first time, and she held herself up the entire time. I think she wanted to swing for about 30 minutes. My child’s being able to be a child again,” says Cox.

But for all her success, Colorado just isn’t the same as home.

Haleigh and Janea had hoped to come back to a Georgia where her cannabis oil treatment was legal.

But a bill sponsored by State Representative Allen Peake (R-Macon) failed to pass on the last day of this year’s General Assembly.

Peake says next year will be different, and says Georgia’s minds are changing on the issue of medical marijuana.

“We believe that polling has showed that they clearly want medical cannabis as an option in Georgia, so we need to figure out what’s the best structure, the best infrastructure that will work in our state,” says Peake.

They’re doing that by setting up five public hearings with everyone from law enforcement to the medical community to discuss how the cannabis oil would work in Georgia.

The first draft of Peake’s bill initially allowed the oil to be grown in Georgia.

The final version only allowed families to avoid prosecution if they bought it somewhere else.

Peake says that’s not enough. “Any legislation we draft that doesn’t provide a growing solution in Georgia, I think will be a failed piece of legislation,” Peake says.

The first public hearing is scheduled for August 27th in Atlanta. There will be a hearing in Macon on September 10th.