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Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Trial begins for advocates suing Sessions and the DEA over marijuana’s Schedule I status “How could anyone say that your clients’ lives have not been saved by marijuana?” the judge asked a lead attorney for the plaintiffs, which include an Iraq War vet, a
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Trial begins for advocates suing
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Date: February 14, 2018 07:19PM
Trial begins for advocates suing Sessions and the DEA over marijuana’s Schedule I status
“How could anyone say that your clients’ lives have not been saved by marijuana?” the judge asked a lead attorney for the plaintiffs, which include an Iraq War vet, a child with a seizure disorder and an ex-NFL player.
https://www.thecannabist.co/2018/02/14/marijuana-schedule-i-lawsuit-trial/98979/
Iraq war veteran Jose Belen, who takes marijuana to treat post-traumatic stress disorder, poses in front of federal court, Tuesday, Feb. 13, 2018, in New York. Belen is one of five plaintiffs in a lawsuit challenging federal marijuana laws. He is set to appear in a New York courtroom on Wednesday for arguments in a lawsuit that claims classifying marijuana as a dangerous drug is irrational and unconstitutional.
NEW YORK (AP) — Army veteran Jose Belen says the horrors of the Iraq War left him with post-traumatic stress disorder, and the drug that helped him cope best with the symptoms was one his Veterans Affairs doctors could not legally prescribe: marijuana.
“Once I did use cannabis, immediately I felt the relief,” said Belen, who is now working with other medical marijuana users to mount a long-shot court challenge to federal laws criminalizing the drug.
The 35-year-old, married father of two is one of five plaintiffs in a lawsuit claiming that the government’s decision to classify marijuana as dangerous is irrational, unconstitutional and motivated by politics, not hard science.
A government lawyer argued Wednesday before U.S. District Judge Alvin Hellerstein in New York that the case should be dismissed, citing precedents in which judges upheld the constitutionality of existing marijuana laws.
The government also is arguing that the plaintiffs have not petitioned the Drug Enforcement Agency to reclassify marijuana.
“Any person can submit a petition to the DEA,” Assistant U.S. Attorney Samuel Dolinger said.
The plaintiffs’ lawyers said the administrative process takes an average of nine years.
Maurice Evans, left, Blake Hunt, center, and Angel Martinez leave federal court after attending a hearing, Wednesday, Feb. 14, 2018, in New York. The three attended to show their support for a lawsuit that claims the government’s decision to classify marijuana as dangerous is irrational, unconstitutional and motivated by politics, not hard science.
The suit originally was filed in July as a growing number of states have broken with the federal government and declared marijuana to be legal. Thirty have now legalized it in some fashion, including six for recreational use.
The lawsuit challenges the listing of marijuana as a Schedule I drug, a category that includes heroin and LSD. The federal government says drugs under the classification have no accepted medical use and cannot legally be prescribed.
The lawsuit names the Department of Justice, Attorney General Jeff Sessions and the Drug Enforcement Administration as defendants.
The other plaintiffs include:
— Former NFL player Marvin Washington, the co-founder of a company that sells hemp-based sports performance products;
— A nonprofit organization called the Cannabis Cultural Association that helps minorities benefit from the marijuana industry in states where it is legal;
— Twelve-year-old Alexis Bortell, who takes marijuana to control epilepsy, and 7-year-old Jagger Cotte, who uses marijuana to treat a severe neurological disorder called Leigh’s syndrome.
Michael Hiller, the lead attorney in a lawsuit against the federal government, holds a press conference with plaintiffs and attorneys in front of federal court, Wednesday, Feb. 14, 2018, in New York.
Hellerstein, who reserved judgment on the motion to dismiss the case, evinced sympathy for the plaintiffs’ claims that medical marijuana has helped them.
“How could anyone say that your clients’ lives have not been saved by marijuana?” Hellerstein asked Michael Hiller, the lead attorney for the plaintiffs.
But Hellerstein appeared to take the government’s argument that the plaintiffs should petition the DEA seriously.
“When agencies are set up to do the very thing that you want me to do, the right thing to do is defer to the agency,” he said.
Medical research on marijuana has been sharply constrained by federal law. The American Psychiatric Association says there’s not enough evidence to support using marijuana to treat PTSD. A federal science panel said research has found some evidence that a synthetic cousin of the drug might help relieve PTSD symptoms, but also some data suggesting it could make things worse.
Belen said he found it effective for taming PTSD symptoms while other medications pushed him closer to depression and possibly suicide.
He said it is unfair that federal law prohibits him from crossing state lines with the drug, even when traveling to states where it is legal.
“I went to Iraq to free the oppressed and I view this no different,” Belen said. “The oppression is only being done by our own government.”
More on Schedule I
New federal bill would reschedule marijuana as Schedule III
American Legion calls on Trump to take cannabis off Schedule I to help vets
How advocates are inspiring members of Congress to champion national CBD oil legalization
‘Something’s going to have to give’: An untenable conflict between feds, legalized states
“The DEA has lost its moral authority”: Rep. Jared Polis pulls no punches in exclusive interview
The plaintiffs have asked the court for the broadest of remedies: a permanent injunction preventing the government from enforcing the Controlled Substances Act as it pertains to cannabis. It isn’t clear what the practical effect of such a ruling would be. Hiller said it would be up to Congress to pass legislation to reschedule the drug.
Marijuana got its Schedule I designation as part of the ranking or “scheduling” of drugs under the 1970 Controlled Substances Act.
According to the lawsuit, Republican President Richard Nixon ignored an expert panel’s recommendation that possession of cannabis for personal use be decriminalized because he wanted to use drug policy to target anti-war protesters and black people.
The lawsuit quotes Nixon domestic policy chief John Ehrlichman, who was quoted in a 2016 Harper’s Magazine story as having said: “We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin and then criminalizing both heavily, we could disrupt those communities.”
But Hellerstein said he’s not persuaded by arguments about the Nixon administration. “You can’t win with that argument,” he said.
The plaintiffs say marijuana doesn’t meet the Schedule I requirements of having a high potential for abuse, no medical use in treatment and no possibility for safe testing.
The lawsuit notes that in 2014 the Justice Department and the Treasury Department’s Financial Crimes Enforcement Network issued guidance for how banks could provide services to marijuana businesses that were legal under state laws.
Related: Patent No. 6,630,507: Why the U.S. government holds a patent on cannabis plant compounds
“On the one hand the federal government wants to put people in jail, while at the same time the federal government currently has a policy to encourage banks to go into business with cannabis companies,” Hiller said in an interview Tuesday. “They’re attempting to reserve the right to prosecute people for engaging in the very conduct that the federal government has encouraged.”
Or, used to encourage. Sessions, an opponent of legal marijuana, last month reversed an Obama administration policy of backing off of strict enforcement of federal law in states that have voted to legalize the drug.
Encouraging federal prosecutors to hit hard, he said that Congress had decided that “marijuana is a dangerous drug and that marijuana activity is a serious crime.”
-------------------------------------------------------------------------
“Patients like Nikki Narduzzi, who is now our coalition director at Cannabis Commonwealth, will now have the same rights that were initially granted in 2015 to only intractable epilepsy patients. I have spent hundreds of hours with Nikki in the halls of the General Assembly, in Committee rooms, in district offices, in coffee shops talking to Virginia legislators about this groundbreaking expansion legislation.
‘Little did I know, in 2015 when I attended my first local Virginia NORML chapter meeting, that patient advocacy would become such a large part of my life,’ said Nikki. ‘For the past three years, I have been supported and mentored by courageous advocates like Virginia NORML’s Executive Director, Jenn Michelle Pedini who has worked tirelessly in the trenches to bring medical cannabis access to ALL Virginia patients.’”
"Virginia will be the first state to expand a hyper-restrictive single qualifying disorder program to include any diagnosed condition. This didn’t happen because of industry dollars or high powered lobbyists, it happened because two moms wouldn’t take “no” for an answer. We were pushed aside by other organizations interested in working for only small patient groups. We were railroaded by partisan antics more than once. We stood our ground, we pushed forward, and we prevailed."
http://blog.norml.org/2018/02/08/virginia-norml-considered-instrumental-in-passage-of-medical-marijuana-expansion-legislation/
Virginia NORML has been focused on securing access and protection from prosecution for all patients since 2016. This session, our efforts paid off with unanimous passage of our Let Doctors Decide legislation, supported by the Joint Commission on Healthcare, in both the House and Senate.
Patients like Nikki Narduzzi, who is now our coalition director at Cannabis Commonwealth, will now have the same rights that were initially granted in 2015 to only intractable epilepsy patients. I have spent hundreds of hours with Nikki in the halls of the General Assembly, in Committee rooms, in district offices, in coffee shops talking to Virginia legislators about this groundbreaking expansion legislation.
“Little did I know, in 2015 when I attended my first local Virginia NORML chapter meeting, that patient advocacy would become such a large part of my life,” said Nikki. “For the past three years, I have been supported and mentored by courageous advocates like Virginia NORML’s Executive Director, Jenn Michelle Pedini who has worked tirelessly in the trenches to bring medical cannabis access to ALL Virginia patients.”
Virginia will be the first state to expand a hyper-restrictive single qualifying disorder program to include any diagnosed condition. This didn’t happen because of industry dollars or high powered lobbyists, it happened because two moms wouldn’t take “no” for an answer. We were pushed aside by other organizations interested in working for only small patient groups. We were railroaded by partisan antics more than once. We stood our ground, we pushed forward, and we prevailed.
Read more here: http://www.suffolknewsherald.com/2018/02/06/advocates-cheer-bills-passage/
To get involved or to stay up-to-date on the latest marijuana-related news in Virginia, make sure to visit our website at http://www.vanorml.org/ and follow us on Facebook and Twitter!
https://www.facebook.com/vanorml/
https://twitter.com/VANORML
--------------------------------------------------------------------------
Virginia NORML cannot support the passage of this bill as drafted. This legislation simply codifies the existing first time offender’s program and maintains all of its exiting punitive measures. It then creates an Opioid Fund and an additional $300 fee that defendants must pay into such fund, and a Marijuana Offender Registry to track first-time offenses. The bill does provide a method for expunging the first-time offense from one’s record for another $150 fee, providing a defendant knows how to navigate the expungement process.
This is not what the overwhelming majority of Virginians favor for marijuana possession. Over ¾ of Virginians prefer #FinesNotCrimes for simple possession. Passage of this law will likely stall any attempts at decriminalization for the foreseeable future. This does not “make a substantial step forward,” as Senator Norment claims. This legislation is drafted to cater to defendants who can afford additional fines and attorneys to file for expungement, not to those who are typically charged with possession.
We applaud Senators Ebbin and Petersen for just saying NO to bad public policy.
Virginia Senate passes bill to allow expungement of first marijuana charge
The Senate on Monday passed a bill that would allow someone charged with possession of marijuana for the first time to later pay $150 to have the charge expunged.
http://www.richmond.com/news/virginia/government-politics/general-assembly/virginia-senate-passes-bill-to-allow-expungement-of-first-marijuana/article_71b80290-d41b-5a7b-824b-d5386e5d477a.html
The Senate on Monday passed a bill that would allow someone charged with possession of marijuana for the first time to later pay $150 to have the charge expunged.
The vote on Senate Bill 954 by Sen. Tommy Norment, R-James City, was 38-2. Sen. Adam Ebbin, D-Alexandria, said he opposed the bill because it did nothing to stop the racially disparate criminal enforcement of marijuana laws, and he cited public opinion polls saying people no longer want marijuana possession prosecuted as a crime.
Norment acknowledged his measure was not a decriminalization bill, but said it “makes a substantial step forward.”
Norment disappointed advocates for marijuana reform earlier this year when he changed his position on decriminalization. Norment had said he would push for a bill this session to decriminalize small amounts of marijuana, but said he changed his mind because such a bill had no chance of passing in the House.
His expungement bill would allow someone to defer a finding on a charge and be found not guilty if the person remains drug free and does community service, Norment said.
The expungement fee would be used for Virginia State Police to maintain a database of those who had charges expunged, so prosecutors and courts could stop someone from using that benefit more than once.
Revenue collected would also go to educational efforts to prevent opioid abuse.
Initially, Norment’s legislation would have required additional money in the budget for the database, but he said Monday that the fees paid by those charged will cover the costs of it.
A poll released this month by the Wason Center for Public Policy at Christopher Newport University showed 76 percent of Virginians support decriminalization of possession of small amounts of marijuana.
The Senate on Monday also passed Senate Bill 334 by Sen. Mark Peake, R-Lynchburg, which would allow someone charged with underage alcohol possession to seek expungement of the charge once turning 21.
Additionally, the Senate passed Senate Bill 403 from Sen. Ryan McDougle, R-Hanover, that creates an expungement process for underage alcohol and marijuana charges five years after a sentence and probation have been completed.
-----------------------------------------------------------------------------
Virginia Senate passes bill that would expunge first marijuana charge
http://www.wmdt.com/news/virginia/virginia-senate-passes-bill-that-would-expunge-first-marijuana-charge/701176538
VIRGINIA - The state of Virginia is looking to reduce penalties for people charged with possession of marijuana.
If passed, Senate Bill 954 would make the first offense a maximum fine of 500 dollars. The way the law currently stands a charge can result in up to 30 days in jail.
The bill would allow the first offense to be eligible for expungement, but that is if the person charged pays a 150 dollar fee.
Revenue from these fees would go towards educating and preventing opioid abuse. The piece of legislation has made it out of the senate and must pass the House before it goes to the governor.
--------------------------------------------------------------------------
https://www.facebook.com/vanorml
https://www.facebook.com/novanorml
http://www.vanorml.org
Marijuana-related bills in the 2018 Virginia General Assembly
The following marijuana-related bills have been filed for the 2018 Virginia General Assembly legislative session. This page will be updated regularly. Click the bill title for the complete text and additional information. Questions? Contact Virginia NORML at director@virginianorml.org or 804-464-7050 M-F 9-6.
http://www.vanorml.org/2018_legislation
TAKE ACTION
http://www.vanorml.org/act
Virginia Action Alerts:
URGENT: Expand Patient Access to Medical Cannabis: Let Doctors Decide
http://norml.org/action-center/item/virginianorml-let-doctors-decide
Virginia: Expand State’s Medical Cannabis Law
http://norml.org/action-center/item/virginianorml-let-doctors-decide
Federal Priorities:
Priority: Tell Congress to Reject Jeff Session's Reversal of the Cole Memo
http://norml.org/action-center/item/jeff-sessions-is-targeting-the-cannabis-community-it-s-time-for-congress-to-step-in
MJ Justice: The Marijuana Justice Act of 2017 Introduced
http://norml.org/action-center/item/the-marijuana-justice-act-of-2017-introduced
Caucus: Tell Your Congressional Representative: Join the Cannabis Caucus
http://norml.org/action-center/item/tell-your-congressional-representative-join-the-cannabis-caucus
Jeff Sessions Is Targeting Marijuana – It’s Time For Congress To Step In
http://norml.org/action-center/item/jeff-sessions-is-targeting-the-cannabis-community-it-s-time-for-congress-to-step-in
Protect Our Progress: Bipartisan Leaders Reintroduce the Respect State Marijuana Laws Act
http://norml.org/action-center/item/federal-bipartisan-leaders-reintroduce-the-respect-state-marijuana-laws-act
Timely (Budget Process): Tell Your Elected Officials To Protect Lawful Medical Marijuana Programs From Attorney General Jeff Sessions
http://norml.org/action-center/item/federal-protect-lawful-medical-marijuana-programs
“How could anyone say that your clients’ lives have not been saved by marijuana?” the judge asked a lead attorney for the plaintiffs, which include an Iraq War vet, a child with a seizure disorder and an ex-NFL player.
https://www.thecannabist.co/2018/02/14/marijuana-schedule-i-lawsuit-trial/98979/
Iraq war veteran Jose Belen, who takes marijuana to treat post-traumatic stress disorder, poses in front of federal court, Tuesday, Feb. 13, 2018, in New York. Belen is one of five plaintiffs in a lawsuit challenging federal marijuana laws. He is set to appear in a New York courtroom on Wednesday for arguments in a lawsuit that claims classifying marijuana as a dangerous drug is irrational and unconstitutional.
NEW YORK (AP) — Army veteran Jose Belen says the horrors of the Iraq War left him with post-traumatic stress disorder, and the drug that helped him cope best with the symptoms was one his Veterans Affairs doctors could not legally prescribe: marijuana.
“Once I did use cannabis, immediately I felt the relief,” said Belen, who is now working with other medical marijuana users to mount a long-shot court challenge to federal laws criminalizing the drug.
The 35-year-old, married father of two is one of five plaintiffs in a lawsuit claiming that the government’s decision to classify marijuana as dangerous is irrational, unconstitutional and motivated by politics, not hard science.
A government lawyer argued Wednesday before U.S. District Judge Alvin Hellerstein in New York that the case should be dismissed, citing precedents in which judges upheld the constitutionality of existing marijuana laws.
The government also is arguing that the plaintiffs have not petitioned the Drug Enforcement Agency to reclassify marijuana.
“Any person can submit a petition to the DEA,” Assistant U.S. Attorney Samuel Dolinger said.
The plaintiffs’ lawyers said the administrative process takes an average of nine years.
Maurice Evans, left, Blake Hunt, center, and Angel Martinez leave federal court after attending a hearing, Wednesday, Feb. 14, 2018, in New York. The three attended to show their support for a lawsuit that claims the government’s decision to classify marijuana as dangerous is irrational, unconstitutional and motivated by politics, not hard science.
The suit originally was filed in July as a growing number of states have broken with the federal government and declared marijuana to be legal. Thirty have now legalized it in some fashion, including six for recreational use.
The lawsuit challenges the listing of marijuana as a Schedule I drug, a category that includes heroin and LSD. The federal government says drugs under the classification have no accepted medical use and cannot legally be prescribed.
The lawsuit names the Department of Justice, Attorney General Jeff Sessions and the Drug Enforcement Administration as defendants.
The other plaintiffs include:
— Former NFL player Marvin Washington, the co-founder of a company that sells hemp-based sports performance products;
— A nonprofit organization called the Cannabis Cultural Association that helps minorities benefit from the marijuana industry in states where it is legal;
— Twelve-year-old Alexis Bortell, who takes marijuana to control epilepsy, and 7-year-old Jagger Cotte, who uses marijuana to treat a severe neurological disorder called Leigh’s syndrome.
Michael Hiller, the lead attorney in a lawsuit against the federal government, holds a press conference with plaintiffs and attorneys in front of federal court, Wednesday, Feb. 14, 2018, in New York.
Hellerstein, who reserved judgment on the motion to dismiss the case, evinced sympathy for the plaintiffs’ claims that medical marijuana has helped them.
“How could anyone say that your clients’ lives have not been saved by marijuana?” Hellerstein asked Michael Hiller, the lead attorney for the plaintiffs.
But Hellerstein appeared to take the government’s argument that the plaintiffs should petition the DEA seriously.
“When agencies are set up to do the very thing that you want me to do, the right thing to do is defer to the agency,” he said.
Medical research on marijuana has been sharply constrained by federal law. The American Psychiatric Association says there’s not enough evidence to support using marijuana to treat PTSD. A federal science panel said research has found some evidence that a synthetic cousin of the drug might help relieve PTSD symptoms, but also some data suggesting it could make things worse.
Belen said he found it effective for taming PTSD symptoms while other medications pushed him closer to depression and possibly suicide.
He said it is unfair that federal law prohibits him from crossing state lines with the drug, even when traveling to states where it is legal.
“I went to Iraq to free the oppressed and I view this no different,” Belen said. “The oppression is only being done by our own government.”
More on Schedule I
New federal bill would reschedule marijuana as Schedule III
American Legion calls on Trump to take cannabis off Schedule I to help vets
How advocates are inspiring members of Congress to champion national CBD oil legalization
‘Something’s going to have to give’: An untenable conflict between feds, legalized states
“The DEA has lost its moral authority”: Rep. Jared Polis pulls no punches in exclusive interview
The plaintiffs have asked the court for the broadest of remedies: a permanent injunction preventing the government from enforcing the Controlled Substances Act as it pertains to cannabis. It isn’t clear what the practical effect of such a ruling would be. Hiller said it would be up to Congress to pass legislation to reschedule the drug.
Marijuana got its Schedule I designation as part of the ranking or “scheduling” of drugs under the 1970 Controlled Substances Act.
According to the lawsuit, Republican President Richard Nixon ignored an expert panel’s recommendation that possession of cannabis for personal use be decriminalized because he wanted to use drug policy to target anti-war protesters and black people.
The lawsuit quotes Nixon domestic policy chief John Ehrlichman, who was quoted in a 2016 Harper’s Magazine story as having said: “We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin and then criminalizing both heavily, we could disrupt those communities.”
But Hellerstein said he’s not persuaded by arguments about the Nixon administration. “You can’t win with that argument,” he said.
The plaintiffs say marijuana doesn’t meet the Schedule I requirements of having a high potential for abuse, no medical use in treatment and no possibility for safe testing.
The lawsuit notes that in 2014 the Justice Department and the Treasury Department’s Financial Crimes Enforcement Network issued guidance for how banks could provide services to marijuana businesses that were legal under state laws.
Related: Patent No. 6,630,507: Why the U.S. government holds a patent on cannabis plant compounds
“On the one hand the federal government wants to put people in jail, while at the same time the federal government currently has a policy to encourage banks to go into business with cannabis companies,” Hiller said in an interview Tuesday. “They’re attempting to reserve the right to prosecute people for engaging in the very conduct that the federal government has encouraged.”
Or, used to encourage. Sessions, an opponent of legal marijuana, last month reversed an Obama administration policy of backing off of strict enforcement of federal law in states that have voted to legalize the drug.
Encouraging federal prosecutors to hit hard, he said that Congress had decided that “marijuana is a dangerous drug and that marijuana activity is a serious crime.”
-------------------------------------------------------------------------
“Patients like Nikki Narduzzi, who is now our coalition director at Cannabis Commonwealth, will now have the same rights that were initially granted in 2015 to only intractable epilepsy patients. I have spent hundreds of hours with Nikki in the halls of the General Assembly, in Committee rooms, in district offices, in coffee shops talking to Virginia legislators about this groundbreaking expansion legislation.
‘Little did I know, in 2015 when I attended my first local Virginia NORML chapter meeting, that patient advocacy would become such a large part of my life,’ said Nikki. ‘For the past three years, I have been supported and mentored by courageous advocates like Virginia NORML’s Executive Director, Jenn Michelle Pedini who has worked tirelessly in the trenches to bring medical cannabis access to ALL Virginia patients.’”
"Virginia will be the first state to expand a hyper-restrictive single qualifying disorder program to include any diagnosed condition. This didn’t happen because of industry dollars or high powered lobbyists, it happened because two moms wouldn’t take “no” for an answer. We were pushed aside by other organizations interested in working for only small patient groups. We were railroaded by partisan antics more than once. We stood our ground, we pushed forward, and we prevailed."
http://blog.norml.org/2018/02/08/virginia-norml-considered-instrumental-in-passage-of-medical-marijuana-expansion-legislation/
Virginia NORML has been focused on securing access and protection from prosecution for all patients since 2016. This session, our efforts paid off with unanimous passage of our Let Doctors Decide legislation, supported by the Joint Commission on Healthcare, in both the House and Senate.
Patients like Nikki Narduzzi, who is now our coalition director at Cannabis Commonwealth, will now have the same rights that were initially granted in 2015 to only intractable epilepsy patients. I have spent hundreds of hours with Nikki in the halls of the General Assembly, in Committee rooms, in district offices, in coffee shops talking to Virginia legislators about this groundbreaking expansion legislation.
“Little did I know, in 2015 when I attended my first local Virginia NORML chapter meeting, that patient advocacy would become such a large part of my life,” said Nikki. “For the past three years, I have been supported and mentored by courageous advocates like Virginia NORML’s Executive Director, Jenn Michelle Pedini who has worked tirelessly in the trenches to bring medical cannabis access to ALL Virginia patients.”
Virginia will be the first state to expand a hyper-restrictive single qualifying disorder program to include any diagnosed condition. This didn’t happen because of industry dollars or high powered lobbyists, it happened because two moms wouldn’t take “no” for an answer. We were pushed aside by other organizations interested in working for only small patient groups. We were railroaded by partisan antics more than once. We stood our ground, we pushed forward, and we prevailed.
Read more here: http://www.suffolknewsherald.com/2018/02/06/advocates-cheer-bills-passage/
To get involved or to stay up-to-date on the latest marijuana-related news in Virginia, make sure to visit our website at http://www.vanorml.org/ and follow us on Facebook and Twitter!
https://www.facebook.com/vanorml/
https://twitter.com/VANORML
--------------------------------------------------------------------------
Virginia NORML cannot support the passage of this bill as drafted. This legislation simply codifies the existing first time offender’s program and maintains all of its exiting punitive measures. It then creates an Opioid Fund and an additional $300 fee that defendants must pay into such fund, and a Marijuana Offender Registry to track first-time offenses. The bill does provide a method for expunging the first-time offense from one’s record for another $150 fee, providing a defendant knows how to navigate the expungement process.
This is not what the overwhelming majority of Virginians favor for marijuana possession. Over ¾ of Virginians prefer #FinesNotCrimes for simple possession. Passage of this law will likely stall any attempts at decriminalization for the foreseeable future. This does not “make a substantial step forward,” as Senator Norment claims. This legislation is drafted to cater to defendants who can afford additional fines and attorneys to file for expungement, not to those who are typically charged with possession.
We applaud Senators Ebbin and Petersen for just saying NO to bad public policy.
Virginia Senate passes bill to allow expungement of first marijuana charge
The Senate on Monday passed a bill that would allow someone charged with possession of marijuana for the first time to later pay $150 to have the charge expunged.
http://www.richmond.com/news/virginia/government-politics/general-assembly/virginia-senate-passes-bill-to-allow-expungement-of-first-marijuana/article_71b80290-d41b-5a7b-824b-d5386e5d477a.html
The Senate on Monday passed a bill that would allow someone charged with possession of marijuana for the first time to later pay $150 to have the charge expunged.
The vote on Senate Bill 954 by Sen. Tommy Norment, R-James City, was 38-2. Sen. Adam Ebbin, D-Alexandria, said he opposed the bill because it did nothing to stop the racially disparate criminal enforcement of marijuana laws, and he cited public opinion polls saying people no longer want marijuana possession prosecuted as a crime.
Norment acknowledged his measure was not a decriminalization bill, but said it “makes a substantial step forward.”
Norment disappointed advocates for marijuana reform earlier this year when he changed his position on decriminalization. Norment had said he would push for a bill this session to decriminalize small amounts of marijuana, but said he changed his mind because such a bill had no chance of passing in the House.
His expungement bill would allow someone to defer a finding on a charge and be found not guilty if the person remains drug free and does community service, Norment said.
The expungement fee would be used for Virginia State Police to maintain a database of those who had charges expunged, so prosecutors and courts could stop someone from using that benefit more than once.
Revenue collected would also go to educational efforts to prevent opioid abuse.
Initially, Norment’s legislation would have required additional money in the budget for the database, but he said Monday that the fees paid by those charged will cover the costs of it.
A poll released this month by the Wason Center for Public Policy at Christopher Newport University showed 76 percent of Virginians support decriminalization of possession of small amounts of marijuana.
The Senate on Monday also passed Senate Bill 334 by Sen. Mark Peake, R-Lynchburg, which would allow someone charged with underage alcohol possession to seek expungement of the charge once turning 21.
Additionally, the Senate passed Senate Bill 403 from Sen. Ryan McDougle, R-Hanover, that creates an expungement process for underage alcohol and marijuana charges five years after a sentence and probation have been completed.
-----------------------------------------------------------------------------
Virginia Senate passes bill that would expunge first marijuana charge
http://www.wmdt.com/news/virginia/virginia-senate-passes-bill-that-would-expunge-first-marijuana-charge/701176538
VIRGINIA - The state of Virginia is looking to reduce penalties for people charged with possession of marijuana.
If passed, Senate Bill 954 would make the first offense a maximum fine of 500 dollars. The way the law currently stands a charge can result in up to 30 days in jail.
The bill would allow the first offense to be eligible for expungement, but that is if the person charged pays a 150 dollar fee.
Revenue from these fees would go towards educating and preventing opioid abuse. The piece of legislation has made it out of the senate and must pass the House before it goes to the governor.
--------------------------------------------------------------------------
https://www.facebook.com/vanorml
https://www.facebook.com/novanorml
http://www.vanorml.org
Marijuana-related bills in the 2018 Virginia General Assembly
The following marijuana-related bills have been filed for the 2018 Virginia General Assembly legislative session. This page will be updated regularly. Click the bill title for the complete text and additional information. Questions? Contact Virginia NORML at director@virginianorml.org or 804-464-7050 M-F 9-6.
http://www.vanorml.org/2018_legislation
TAKE ACTION
http://www.vanorml.org/act
Virginia Action Alerts:
URGENT: Expand Patient Access to Medical Cannabis: Let Doctors Decide
http://norml.org/action-center/item/virginianorml-let-doctors-decide
Virginia: Expand State’s Medical Cannabis Law
http://norml.org/action-center/item/virginianorml-let-doctors-decide
Federal Priorities:
Priority: Tell Congress to Reject Jeff Session's Reversal of the Cole Memo
http://norml.org/action-center/item/jeff-sessions-is-targeting-the-cannabis-community-it-s-time-for-congress-to-step-in
MJ Justice: The Marijuana Justice Act of 2017 Introduced
http://norml.org/action-center/item/the-marijuana-justice-act-of-2017-introduced
Caucus: Tell Your Congressional Representative: Join the Cannabis Caucus
http://norml.org/action-center/item/tell-your-congressional-representative-join-the-cannabis-caucus
Jeff Sessions Is Targeting Marijuana – It’s Time For Congress To Step In
http://norml.org/action-center/item/jeff-sessions-is-targeting-the-cannabis-community-it-s-time-for-congress-to-step-in
Protect Our Progress: Bipartisan Leaders Reintroduce the Respect State Marijuana Laws Act
http://norml.org/action-center/item/federal-bipartisan-leaders-reintroduce-the-respect-state-marijuana-laws-act
Timely (Budget Process): Tell Your Elected Officials To Protect Lawful Medical Marijuana Programs From Attorney General Jeff Sessions
http://norml.org/action-center/item/federal-protect-lawful-medical-marijuana-programs