Friday, April 19, 2024

The Fresh Toast Marijuana Legislative Roundup: May 8

Last week was a busy time for those fighting in legislatures across the nation for cannabis reform. Even in Texas, a medical marijuana advanced. Find out about that more in our weekly marijuana legislative roundup.

National:

President Donald Trump on Friday signed the Consolidated Appropriations Act of 2017 to fund the federal government through September. The omnibus spending bill includes measures to shield state medical marijuana systems and industrial hemp production from federal law enforcement. Section 537 extends the Rohrabacher-Farr amendment prohibiting the Justice Department from using federal funds to crack down on or impede medical marijuana laws in U.S. states and territories. It also renews protections for the production, processing, and sale of industrial hemp passed in 2014.

Colorado:

On Wednesday, the Colorado House of Representatives voted overwhelmingly in favor of a bill designed to protect its recreational marijuana industry from federal law enforcement. The measure would allow recreational cannabis growers to reclassify their product as medical “based on a business need due to a change in local, state or federal law or enforcement policy.” This is one of the boldest moves yet by any legislature to guard a state-legal recreational marijuana system from threatened changes to federal enforcement policy. The legislation faces another vote in the House before moving onto the Senate, which passed its own version of the measure earlier this year.

On Tuesday, the Colorado Senate failed to approve a separate bill that would have barred state and local law enforcement from cooperating with federal authorities in enforcing the federal marijuana ban. The law would prohibit the use of state funds by public employees to aid federal agents in “arresting a Colorado citizen for committing an act that is a Colorado constitutional right.” A similar measure is being considered in California.

Colorado lawmakers also unveiled legislation last week that would increase funding for rural schools and cut taxes for business owners while increasing the tax on recreational marijuana sales. The measure is part of a sweeping spending bill designed to help address hospital budget cuts in the state. Under the bill, the special sales tax on recreational cannabis would be raised from 10 percent to the maximum voter-approved rate of 15 percent.

Vermont:

Lawmakers in Vermont passed a bill on Tuesday to expand the state’s medical marijuana system. The bill would allow eight more dispensaries and expand the list of approved conditions to include PTSD, Parkinson’s, and Crohn’s disease. Additionally, patients would no longer be required to choose between either growing the plant at home or seeking cannabis from medical dispensaries.

On Friday, the Vermont Senate voted 20-9 in favor of legislation to legalize marijuana in the state. The bill is nearly identical to a legalization law approved by the House of Representatives earlier in the week and represents a compromise between the House bill and a more permissive measure previously approved by the Senate. If enacted, the bill would permit the growth and possession of small amounts of cannabis beginning in July of 2018. Meanwhile, a new commission would be tasked with crafting comprehensive legislation to tax and regulate the growth, production, and sale of recreational marijuana. The House now has the choice of passing the Senate bill or sending it to a conference committee to hammer out remaining differences when the House returns to session on Wednesday.

New Hampshire:

On Tuesday, the New Hampshire Senate Judiciary Committee cleared legislation to decriminalize possession of small amounts of marijuana. If enacted, the law would make possession of up to three-quarters of an ounce of cannabis a civil violation punishable by a fine of no more than $300. The House of Representatives had passed similar legislation with a one ounce limit earlier in the session.

Also on Tuesday, the Senate Health and Human Services Committee approved a bill to include PTSD and chronic pain on the list of diagnoses for which doctors can prescribe medical marijuana. Both bills will likely be taken up by the full Senate this week.

Florida:

Last-minute legislation to implement Florida’s voter-approved medical marijuana law failed when the Senate refused to take up a compromise bill on Friday. The measure would have created one of the most tightly-regulated medical cannabis systems in the country. Instead, the Health Department will now be tasked with drawing up a regulatory system for patients, caregivers, and treatment centers before a July 3rd deadline. The medical marijuana law is to be implemented by October. Voters approved the ballot measure by a 71 percent vote in 2016.

Texas:

The Texas House Committee on Public Health approved legislation on Friday to legalize medical marijuana in the state. HB 2107 would create a comprehensive set of rules governing the growth, production, and sale of cannabis products to qualifying patients through a network of dispensaries. The measure will go to a vote of the full House of Representatives later in the legislative session.

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