1. Alabama---- The Alabama Medical Marijuana Patients rights Act-- This bill would authorize the medical use of marijuana only for certain qualifying patients who have been diagnosed by a physician as having a serious medical condition-- It was pre-filed by Rep. Patricia Todd (D) on Dec. 8, 2012 and will be read and referred to the Committee on Health on Feb. 5, 2013. http://www.ammjc.org/wp-content/uploads/2012/10/The-Alabama-Medical-Marijuana-Patients-Rights-Act-2013.pdf
2. Illinois ---- The Compassionate Use of Medical Cannabis Pilot Program Act -- An Act concerning alternative treatment for serious diseases causing chronic pain and debilitating conditions, was pre-filed by Rep. Lou Lang (D) on Jan. 6, 2013; its first reading and referral to the rules committee was Jan. 9, 2013.
3. Iowa----- H.F. 22- An Act providing for the creation of a Medical Marijuana Act-- This also includes the creation of non-profit dispensaries, and providing for civil and criminal penalties and fees-- A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest... provided the marijuana possessed by the qualifying patient is (a), not more than 2.5 ounces of usable marijuana, and (b), If the qualifying patient has not designated a primary caregiver to cultivate for the qualifying patient, does not exceed 6 marijuana plants.
4. Kansas----- An Act enacting the Cannabis Compassion and Care Act-- Providing for the legal use of cannabis for certain debilitating medical conditions; providing for the registration and functions of compassion centers; authorizing the issuance of identification cards; establishing the compassion board; provind for the administration of the act by the Department of Health and the Environment.
5. Kentucky----- Gatewood Gailbraith Medical Marijuana Memorial Act-- An Act relating to medical marijuana; to establish a comprehensive system for medical marijuana in Kentucky, including provisions for medical verification of need, persons allowed to cultivate, use, and possess the plant, organizations allowed to assist in providing medical cannabis, and regulation by the State Department for Public Health.
6. New York----- S.B.1682-2013-- legalizes the possession, manufacture, sale, administration, delivery, dispensing, and distribution of up to 8 oz. of of marijuana in connection with the medical use thereof for certified patients... permits registered to organizations to sell, administer, deliver, etc.,marijuana to certified patients, or the caregiver of a certified patient for certified medical use.
Other states with pending Cannabis legislation:
1. Indiana----- Two separate pieces of legislation are to be debated in the 2013 session that would significantly reduce penalties for marijuana possession-- State Senator Karen Tallian, (D-Portage) announced that she will reintroduce legislation to reduce penalties for the adult possession of up to 3 ounces of marijuana to a fine only; a non-criminal violation.
Separately, Sen. Brent Steele, (R-Bedford), has announced he intends to introduce legislation that would make the possession of 10 grams or less of marijuana by adults a non-criminal offense. Sen. Steele, who chairs the Senate Committee on Corrections, criminal and civil manners, told the Associated Press that he intends to include the marijuana provision in a bill that revamps the Indiana criminal code to align charges and sentencing in proportion to the offenses.
2. Maine----- Tax and Regulate-- Legislation that seeks to make Maine the third state in the country to legalize and regulate the adult use of cannabis is pending before state lawmakers. Rep. Diane Russell, (D-Portland), pre-filed legislation to be debated by lawmakers this spring. Her proposed measure would legalize the sale of as much as 2.5 ounces of marijuana per week to adults 21 and over at licensed retail locations. The law would also allow for the cultivation of the plant in private settings.
3. New Hampshire----- Legislation that seeks to significantly reduce criminal penalties for possession of marijuana is once again before state lawmakers. Rep. Kyle Tasker (R), has pre-filed legislation to amend marijuana possession penalties for up to one ounce of cannabis.
Under present law, the possession of one ounce or less of cannabis is a criminal misdemeanor and punishable by up to 1 year in jail and a $2,000 fine. This proposal seeks to make minor marijuana offenses a fine only, non-criminal infraction. Doing so would significantly reduce state prosecution costs and allow law enforcement to be more focused on other, more serious criminal offenses.
4. Rhode Island----- Legislation that seeks to make Rhode Island the third state to legalize and regulate the adult use of cannabis is up for debate this session. House Judiciary Chairperson Edith Ajello has pre-filed legislation to be debated by lawmakers this spring. States Rep. Ajello: "I want to see the criminal element out of this. I think that legalizing and taxing it just as we did with alcohol prohibition is the way to do it."
5. Texas----- Legislation that seeks to significantly reduce marijuana possession penalties is again before lawmakers in 2013. State Representative Harold Sutton (D-Houston) has pre-filed legislation. House Bill 184, to amend minor marijuana possession penalties to a fine-only, Class C misdemeanor.
If, for the sake of argument, all of these states adopt the legalization of cannabis, that would bring the total number of state in America to legalize the plant in some way, either medical or recreational to 29. Over half of the country.What recourse would the federal government take, if any? Being these laws enacted by the states technically violate federal drug laws, we must acknowledge what grounds the government thinks it has to enact a law against the use of cannabis for any reason.
There is no part of the constitution, (written on hemp paper, by the way), that state the government has the authority to outlaw marijuana. Since it was not made illegal until the 1930's, when it was discovered it could be processed into a form of plastic,( a cleaner, safer, biodegradable plastic), the DuPont Corporation, who had a monopoly on the chemical production of plastic at that time, poured hundreds of thousands of dollars into lobbying for it's outlaw. After all, a plant that grows so easily and abundantly could easily be used to create competition in the plastics industry, and the DuPont Corp. wasn't about to have that happen.
Since it is not a granted power by the Constitution to the government, we must refer to the Tenth Amendment, in the Bill Of Rights; "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Therefore, these states are in fact, exercising their Constitutional right to decide what the laws on cannabis should be. They are letting the Federal government know exactly what their role should be in this decision, and are effectively in the process of nullifying the unjust laws against marijuana that fill our prisons with non-violent offenders at the cost to the already over-burdened taxpayer.
The time for removal of the dangerous drug war laws, especially against marijuana, has been a long time coming. Contact your state senators and representatives today, and demand they take a serious look at the benefits of ending failed drug policies against something that isn't even a damned drug to begin with. It's just a plant. A plant that has incredible medical, ecological, and manufacturing benefits, unjustly demonized to selfishly protect big business and big pharma profits. -- LJP
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