Fairbanks OK’s cannabis cafes

A WRAP-UP OF LEGISLATION PENDING AROUND THE COUNTRY

The Fairbanks City Council has approved an ordinance reversing a previous ordinance banning on-site cannabis consumption.

The council vote was 4-to-2 with Jerry Cleworth and June Rogers voting against the ordinance, while David Pruhs, Valerie Therrien,  Shoshana Kun, and Kathryn Ottersten, favored it. Cleworth said he would have preferred the matter go before the voters.

The ordinance came in response to new regulations by the Marijuana Control Board that have finalized allowing on-site consumption, and the sideboards that will govern it.

Alaska is the first state to legalize on-site consumption options after legalizing commercial cannabis trade via a voter initiative. The law took effect in 2015, and regulations have been rolling out ever since, with local jurisdictions needing to respond to how much cannabis trade they’ll allow in their communities.

Around the country, state legislatures are considering multiple bills that will decriminalize, add on-site consumption, revise taxes on pot, and even expunge the criminal records of people convicted for pot possession.

An updated list of pending legislation from the National Organization for the reform of Marijuana Laws:

Alabama

Legislation is pending, House Bill 96 / Senate Bill 98, to decriminalize the possession of small amounts of marijuana.

The measure would reduce the penalty for the possession of one ounce of marijuana from a criminal misdemeanor, punishable by up to one year in prison and a maximum fine of $6,000, to a non-criminal violation punishable by a maximum fine of $250.

Update: SB 98 was unanimously approved by the Senate Judiciary Committee on 4/17/18.

California

Legislation is pending, AB 286, to temporarily reduce tax rates imposed on the retail sale and commercial cultivation of cannabis.

Update: AB 286 was scheduled for a hearing in the Assembly Business And Professions Committee on 4/23/19

Senate Bill 34, which would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

Update: SB 34 was scheduled for a hearing in the Senate Appropriations Committee on 4/22/19.

AB 1465 (Bloom) would allow licensing of cannabis consumption cafés and lounges in California.

Update: Ab 1465 was scheduled for a hearing in the Assembly Business And Professions Committee on 4/23/19.

SB 51 seeks to assist financial institutions in safely conducting transactions with licensed cannabis businesses.

Update: SB 51 is scheduled for a hearing in the Senate Governance and Finance Committee on 4/24/19.

Colorado

Legislation is pending, House Bill 19-1230, to allow the social consumption of cannabis by adults in licensed and regulated establishments.

The measure would establish a license permit process for hospitality spaces to allow cannabis products to be legally purchased and consumed on site.

Update: HB 19-1230 was approved by the House Committee on Appropriations on 4/16/19, and was then approved by the House of Representatives on 4/18. The bill now heads to the Senate.

Legislation is pending, House Bill 19-1234, to allow licensed marijuana businesses to deliver both medical and adult use marijuana to private residences.

The measure would establish a licensing system for such delivery services and also require training for delivery permit holders.

Update: HB 19-1234 was approved by the House Committee on Appropriations on 4/16/19. and was then approved by the House of Representatives on 4/18. The bill now heads to the Senate.

Legislation is pending, Senate Bill 19-220, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: SB -220 was approved by the Senate on 4/15, and will now be transmitted to the House.

Delaware

Senate Bill 37 would reform the expungement processes for individuals convicted of non-violent marijuana-related offenses.

If enacted, the bill would expand the pool of those eligible to seek expungement to include those convicted of a single misdemeanor or felony charge related to marijuana.

Update: SB 37 was unanimously approved by the Senate on 4/17/19, and now awaits action in the House.

Florida

Legislation is pending, H. 333, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Separately, SB 1020 would also regulate industrial hemp production, and a third measure, SB 7102 would allow for the retail sale of hemp extracts.

Update: H. 333 was unanimously approved by the House State Affairs Committee on 4/18/19, SB 7102 was heard in the Senate Appropriations Committee on 4/18.

Hawaii

Legislation is pending, House Bill 673 / Senate Bill 1430, to expand medical cannabis access.

The measure would protect registered medical cannabis patients from employment discrimination by prohibiting employers from arbitrarily discriminating against employees who legally consume medical cannabis off-the-job in accordance with state law.

Update: HB 673 was unanimously approved by the Senate on 4/9/19, but the House disagreed with the Senate amendments, so the bill will now go to a conference committee for reconciliation.

Legislation is pending, House Bill 1353, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: HB 1353 was unanimously approved by the Senate on 4/9/19, but the House disagreed with the Senate amendments, so the bill will now go to a conference committee for reconciliation.

Iowa

Legislation is pending, HF 754 and SF 599, to establish an industrial hemp program to be in compliance with the new federal hemp regulations.

Update: SF 599 was approved by the Senate on 4/15/19, and was then heard in the House Appropriations Committee on 4/18/19.

Nebraska

Legislation is pending, LB 657, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: LB 657 was approved by the Senate on 4/15/19.

Nevada

Legislation is pending, SB 430, that would expand the pool of individuals eligible for medical cannabis.

The measure would permit physicians to recommend cannabis therapy to those diagnosed with anxiety, autism, opioid addiction or dependence, anorexia, among others.

Update: SB 430 was approved by the Senate Committee on Health and Human Services on 4/16/19, and was then approved by the Senate on 4/18.

Senate Bill 228:

Update: SB 228 was unanimously approved by the Senate on 4/16/19, and now awaits action in the Assembly. The bill was amended to remove provisions concerning prohibiting a practitioner from refusing to prescribe a controlled substance to a patient solely because the patient uses marijuana and establishing a Cannabis Control Commission to oversee the state’s medical marijuana access program. Provisions allowing veterinarians to administer hemp and CBD products to animals.

New Hampshire

Legislation is pending, House Bill 481, to allow for the use, possession, and retail sale of marijuana by adults.

The pending measure permits adults 21 and over to possess up to one ounce of marijuana and/or up to five grams of concentrate, and to grow up to six marijuana plants.

Update: HB 481 is scheduled for a hearing in the Senate Judiciary Committee on 4/23/19.

Legislation is pending, HB 350, to expand medical cannabis access.

The measure expands the pool of medical professionals who are eligible to recommend medical cannabis by permitting physician assistants to issue recommendations to their patients.

Update: HB 350 was approved by the Senate on a voice vote on 4/18/19, and now awaits action from the Governor.

Legislation is pending, House Bill 459, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: HB 459 is scheduled for a hearing in the Senate Energy and Natural Resources Committee on 4/23/19.

North Carolina

Legislation is pending, S. 58 / H. 766, to expand upon the state’s decriminalization law and also to provide for the expungement of certain prior cannabis convictions.

Under current law, the possession of 1.5 ounces of cannabis is classified as a misdemeanor. These proposals raise that threshold to four ounces. The bill would also allow those with past marijuana possession convictions to petition the court to expunge their record.

Oregon

Legislation is pending, Senate Bill 970, to protect state-sanctioned medical cannabis patients, as well as those with prior or pending cannabis convictions, from housing discrimination.

Update: SB 970 is scheduled for a hearing in the House Human Services and Housing Committee on 4/22/19.

Tennessee

Legislation is pending, SB 256/HB 235, to decriminalize the possession small amounts of marijuana in Tennessee.

The measure would remove criminal penalties for the possession of up to one ounce of marijuana.

Update: SB 256 is scheduled for consideration in the Senate Judiciary Committee on 4/23/19.

Legislation is pending, SB 260/HB 234, to allow out-of-state medical cannabis patients to legally possess their medicine while visiting Tennessee.

Under this measure, patients who are registered to use medical cannabis in those 33 jurisdictions that permit its therapeutic use may legally possess up to a half-ounce of cannabis while visiting Tennessee.

Update: SB 260 is scheduled for consideration in the Senate Judiciary Committee on 4/23/19.

Vermont

S. 54 is pending to establish a regulatory framework for the regulation of a commercial, adult use marijuana market.

Update: S. 54 was heard by the House Committee on S. 54 was heard by the House Committees on Government Operations; Judiciary; and Commerce and Economic Development this week.

Washington

Legislation is pending, HB 1401 / SB 5719, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: HB 1401 was unanimously approved by the Senate on 4/15/19. The bill will now head back to the House for concurrence on Senate amendments.