misdemeanor

Washington: Adult Home Grow Bill Would Allow Up To 6 Plants

WashingtonStateMarijuana

By Steve Elliott
Hemp News

A new bill has been filed in the Washington Legislature would allow adults in the state to lawfully grow up to six marijuana plants. Washington is currently the only state with legal marijuana which doesn't allow any home cultivation; under the state's I-502 legalization law, all recreational cannabis must be grown by state-licensed commercial producers.

It's a chance for Washington to finally join the states where cannabis has been more fully legalized, because as any thinking person realizes, if you can't grow your own, it's not really legal yet.

HB 2629, filed by Rep. Brian Blake, a Democrat representing Washington's 19th Legislative District, would make the following amendments to current state marijuana laws:

• Authorizes individuals to lawfully engage in non-commercial (i.e., without an exchange of money) transfers of small amounts of cannabis and cannabis seeds;

• Authorizes adults to cultivate up to six marijuana plants at home and to possess up to 24 ounces of marijuana harvested from the home-grown plants;

• Makes the possession of up to the three times the current legal limit for cannabis products (i.e., useable cannabis, infused products, and concentrates) a civil infraction rather than a felony offense;

• Makes the possession of more than three times the legal limit for marijuana products, but not more than 12 times the limit, a misdemeanor offense;

• Makes the possession of more than 12 times the legal limit for cannabis products a felony offense;

Delaware: Marijuana Decriminalization Law To Take Effect Friday

DelawareSmallWonderMarijuanaRoadSign[MarijuanaStocks.com]

Marijuana decriminalization legislation adopted earlier this year in Delaware will officially take effect on Friday, making it the 19th state in the nation to remove the threat of jail for simple marijuana possession. (A 20th state, Missouri, has a similar law on the books that goes into effect in 2017.)

“Delaware’s marijuana policy is about to become a lot more reasonable,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project (MPP). “Most people agree adults should not face jail time or the life-altering consequences of a criminal record just for possessing a substance that is safer than alcohol. Taxpayers certainly don’t want to foot the bill for it, and fortunately they will not have to any longer.”

Under current Delaware law, possession of up to one ounce of marijuana is a misdemeanor with a maximum punishment of a $575 fine and three months in jail.

Once HB 39 takes effect, the possession or private use of one ounce or less of marijuana will no longer trigger criminal penalties or create a criminal record for adults 21 years of age and older. Instead, it will be a civil violation punishable by a $100 fine.

Adults between the ages of 18 and 20 will face the same $100 civil fine for their first offense, then an unclassified misdemeanor for subsequent offenses, which they can have expunged from their records when they reach age 21. Marijuana possession by minors and public consumption by people of any age will remain misdemeanors.

Illinois: Governor's Amendatory Veto Sends Pot Decrim Bill Back To Assembly For Final Approval

IllinoisMarijuanaLeafCountyMap[TheJointBlog]

Illinois Gov. Bruce Rauner on Friday issued an amendatory veto of a bill that would remove criminal penalties for possession of small amount of marijuana, sending it back to the General Assembly for final approval.

The General Assembly has 15 days from the next session date to approve the amended version of HB 218, which needs to receive a simple majority vote in the House and then the Senate to officially become law. The original version, introduced by Rep. Kelly Cassidy (D-Chicago), was approved in the Senate (37-19) on May 21 and in the House (62-53) on April 23.

Gov. Rauner’s amended version of HB 218 would make possession of up to 10 grams of marijuana a civil law violation punishable by a fine of up to $200 with no possibility of jail time, and the civil offense would be automatically expunged in order to prevent a permanent criminal record. The original version applied to possession of up to 15 grams of marijuana and set the amount of the fine at up to $125.

Under current Illinois law, possession of up to 2.5 grams of marijuana is a class C misdemeanor punishable by up to 30 days in jail and/or a fine of up to $1,500, and possession of more than 2.5 grams and up to 10 grams is a class B misdemeanor punishable by up to six months in jail and/or a fine of up to $1,500. More than 100 localities in Illinois have adopted measures that reduce penalties for simple marijuana possession.

Kansas: Attorney General Asks State Supreme Court To Block Wichita Marijuana Decrim

WichitaMarijuanaReformInitiativeAct[KWCH]

By Steve Elliott
Hemp News

Perfectly embodying the definition of a sore loser, Kansas Attorney General Derek Schmidt is asking the state Supreme Court to strike down Tuesday's ballot initiative which Wichita voters passed to reduce penalties for marijuana possession.

"There are no facts in dispute -- only the legal question of whether the City of Wichita acted outside its authority by purporting to adopt this ordinance in conflict with state law," Schmidt claimed in a Thursday news release accompanying his filing, reports Dion Lefler at The Wichita Eagle.

"A quick, authoritative and final resolution in the Supreme Court will provide the clarity to guide everyone involved," Schmidt said.

A lawyer for the cannabis activists who forced Tuesday's successful decrim vote said it's kind of funny that Schmidt moved on the case only after his side lost.

"I guess if the wrong people win an election in Wichita, Kansas, the attorney general is going to want a do-over," said Scott Poor, the lawyer representing the Wichita Marijuana Reform Initiative group.

The decrim initiative was resoundingly approved by voters, 54 percent to 46 percent. It seeks to reduce the penalty for first-time marijuana possession for adults over 21 to a $50 fine. Violations would be considered infractions, meaning they wouldn't have to be disclosed on most job or scholarship applications.

New Hampshire: House Committee Approves Bill To Remove Criminal Penalties For Marijuana Possession

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Measure with bipartisan support would replace criminal penalties and potential jail time with a civil fine of up to $100 for possession of up to one ounce of marijuana

The New Hampshire House of Representatives Criminal Justice and Public Safety Committee on Tuesday approved a bill 12-5 that would remove criminal penalties for possession of small amounts of marijuana. The measure is expected to pass in the House when it comes to a vote later this month.

HB 1625, sponsored by Rep. Adam Schroadter (R-Newmarket) and a bipartisan group of seven cosponsors including Sen. Jeff Woodburn (D-Dalton), would make possession of up to one ounce of marijuana punishable by a civil fine of up to $100. It would also make cultivation of up to six plants a Class A misdemeanor instead of a felony.

Currently, possession of any amount of marijuana is a misdemeanor punishable by up to one year in prison and a fine of up to $2,000. New Hampshire is the only state in New England that treats simple marijuana possession as a criminal offense with the potential for jail time.

"There is no good reason to continue criminalizing people for possessing marijuana," said Matt Simon, the Goffstown-based New England political director for the Marijuana Policy Project (MPP), which is supporting the bill. "Nobody should be saddled with a criminal record simply for possessing a substance that is objectively less harmful than alcohol. This should be the year New Hampshire brings its penalties into line with neighboring states."

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