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Cannabis Legalization

From lobbying, to petitioning, protesting, to planning, we make a way out of no way! We strive to be the light in the darkest districts opposing the legalization of cannabis!

Years

2015-2021

Completed Campaigns: 5
Signatures Gathered:
1.43 million
Doors Knocked:
264,875
Patients Helped
Countless!

FEDERAL:

(2018) Hemp Farm Bill Lobbied:

SEC. 10113. HEMP PRODUCTION. The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``Subtitle G--Hemp Production ``SEC. 297A. <<NOTE: 7 USC 1639o.>> DEFINITIONS. ``In this subtitle: ``(1) Hemp.--The term `hemp' means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. [[Page 132 STAT. 4909]] ``(2) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(3) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(4) State.--The term `State' means-- ``(A) a State; ``(B) the District of Columbia; ``(C) the Commonwealth of Puerto Rico; and ``(D) any other territory or possession of the United States. ``(5) State department of agriculture.--The term `State department of agriculture' means the agency, commission, or department of a State government responsible for agriculture in the State. ``(6) Tribal government.--The term `Tribal government' means the governing body of an Indian tribe. ``SEC. 297B. <<NOTE: 7 USC 1639p.>> STATE AND TRIBAL PLANS. ``(a) Submission.-- ``(1) In general.--A State or Indian tribe desiring to have primary regulatory authority over the production of hemp in the State or territory of the Indian tribe shall submit to the Secretary, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, a plan under which the State or Indian tribe monitors and regulates that production as described in paragraph (2). ``(2) Contents.--A State or Tribal plan referred to in paragraph (1)-- ``(A) shall only be required to include-- ``(i) a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years; ``(ii) a procedure for testing, using post- decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe; ``(iii) a procedure for the effective disposal of-- ``(I) plants, whether growing or not, that are produced in violation of this subtitle; and ``(II) products derived from those plants; ``(iv) a procedure to comply with the enforcement procedures under subsection (e); ``(v) a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subtitle; ``(vi) a procedure for submitting the information described in section 297C(d)(2), as applicable, to the Secretary not more than 30 days after the date on which the information is received; and [[Page 132 STAT. 4910]] ``(vii) a certification that the State or Indian tribe has the resources and personnel to carry out the practices and procedures described in clauses (i) through (vi); and ``(B) may include any other practice or procedure established by a State or Indian tribe, as applicable, to the extent that the practice or procedure is consistent with this subtitle. ``(3) Relation to state and tribal law.-- ``(A) No preemption.--Nothing in this subsection preempts or limits any law of a State or Indian tribe that-- ``(i) regulates the production of hemp; and ``(ii) is more stringent than this subtitle. ``(B) References in plans.--A State or Tribal plan referred to in paragraph (1) may include a reference to a law of the State or Indian tribe regulating the production of hemp, to the extent that law is consistent with this subtitle. ``(b) Approval.-- ``(1) In general.--Not later than 60 days after receipt of a State or Tribal plan under subsection (a), the Secretary shall-- ``(A) approve the State or Tribal plan if the State or Tribal plan complies with subsection (a); or ``(B) disapprove the State or Tribal plan only if the State or Tribal plan does not comply with subsection (a). ``(2) Amended plans.--If the Secretary disapproves a State or Tribal plan under paragraph (1)(B), the State, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, may submit to the Secretary an amended State or Tribal plan that complies with subsection (a). ``(3) Consultation.--The Secretary shall consult with the Attorney General in carrying out this subsection. ``(c) Audit of State Compliance.-- ``(1) In general.--The Secretary may conduct an audit of the compliance of a State or Indian tribe with a State or Tribal plan approved under subsection (b). ``(2) Noncompliance.--If the Secretary determines under an audit conducted under paragraph (1) that a State or Indian tribe is not materially in compliance with a State or Tribal plan-- ``(A) the Secretary shall collaborate with the State or Indian tribe to develop a corrective action plan in the case of a first instance of noncompliance; and ``(B) the Secretary may revoke approval of the State or Tribal plan in the case of a second or subsequent instance of noncompliance. ``(d) Technical Assistance.--The Secretary may provide technical assistance to a State or Indian tribe in the development of a State or Tribal plan under subsection (a). ``(e) Violations.-- ``(1) In general.--A violation of a State or Tribal plan approved under subsection (b) shall be subject to enforcement solely in accordance with this subsection. ``(2) Negligent violation.-- [[Page 132 STAT. 4911]] ``(A) In general.--A hemp producer in a State or the territory of an Indian tribe for which a State or Tribal plan is approved under subsection (b) shall be subject to subparagraph (B) of this paragraph if the State department of agriculture or Tribal government, as applicable, determines that the hemp producer has negligently violated the State or Tribal plan, including by negligently-- ``(i) failing to provide a legal description of land on which the producer produces hemp; ``(ii) failing to obtain a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or ``(iii) producing Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis. ``(B) Corrective action plan.--A hemp producer described in subparagraph (A) shall comply with a plan established by the State department of agriculture or Tribal government, as applicable, to correct the negligent violation, including-- ``(i) a reasonable date by which the hemp producer shall correct the negligent violation; and ``(ii) a requirement that the hemp producer shall periodically report to the State department of agriculture or Tribal government, as applicable, on the compliance of the hemp producer with the State or Tribal plan for a period of not less than the next 2 calendar years. ``(C) Result of negligent violation.--A hemp producer that negligently violates a State or Tribal plan under subparagraph (A) shall not as a result of that violation be subject to any criminal enforcement action by the Federal Government or any State government, Tribal government, or local government. ``(D) Repeat violations.--A hemp producer that negligently violates a State or Tribal plan under subparagraph (A) 3 times in a 5-year period shall be ineligible to produce hemp for a period of 5 years beginning on the date of the third violation. ``(3) Other violations.-- ``(A) In general.--If the State department of agriculture or Tribal government in a State or the territory of an Indian tribe for which a State or Tribal plan is approved under subsection (b), as applicable, determines that a hemp producer in the State or territory has violated the State or Tribal plan with a culpable mental state greater than negligence-- ``(i) the State department of agriculture or Tribal government, as applicable, shall immediately report the hemp producer to-- ``(I) the Attorney General; and ``(II) the chief law enforcement officer of the State or Indian tribe, as applicable; and ``(ii) paragraph (1) of this subsection shall not apply to the violation. ``(B) Felony.-- [[Page 132 STAT. 4912]] ``(i) In general.--Except as provided in clause (ii), any person convicted of a felony relating to a controlled substance under State or Federal law before, on, or after the date of enactment of this subtitle shall be ineligible, during the 10-year period following the date of the conviction-- ``(I) to participate in the program established under this section or section 297C; and ``(II) to produce hemp under any regulations or guidelines issued under section 297D(a). ``(ii) Exception.--Clause (i) shall not apply to any person growing hemp lawfully with a license, registration, or authorization under a pilot program authorized by section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940) before the date of enactment of this subtitle. ``(C) False statement.--Any person who materially falsifies any information contained in an application to participate in the program established under this section shall be ineligible to participate in that program. ``(f) Effect.--Nothing in this section prohibits the production of hemp in a State or the territory of an Indian tribe-- ``(1) for which a State or Tribal plan is not approved under this section, if the production of hemp is in accordance with section 297C or other Federal laws (including regulations); and ``(2) if the production of hemp is not otherwise prohibited by the State or Indian tribe. ``SEC. 297C. <<NOTE: 7 USC 1639q.>> DEPARTMENT OF AGRICULTURE. ``(a) Department of Agriculture Plan.-- ``(1) In general.--In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 297B, the production of hemp in that State or the territory of that Indian tribe shall be subject to a plan established by the Secretary to monitor and regulate that production in accordance with paragraph (2). ``(2) Content.--A plan established by the Secretary under paragraph (1) shall include-- ``(A) a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years; ``(B) a procedure for testing, using post- decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe; ``(C) a procedure for the effective disposal of-- ``(i) plants, whether growing or not, that are produced in violation of this subtitle; and ``(ii) products derived from those plants; ``(D) a procedure to comply with the enforcement procedures under subsection (c)(2); ``(E) a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subtitle; and [[Page 132 STAT. 4913]] ``(F) such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subtitle.

  • (2018) Missouri Amendment 2, the Medical Marijuana and Veteran Healthcare Services Initiative, was on the ballot in Missouri as an initiated constitutional amendment on November 6, 2018. The measure was approved.

    • A "yes" vote supported this constitutional amendment to:

      • legalize marijuana for medical purposes;

      • tax marijuana sales at 4 percent; and

      • spend tax revenue on healthcare services for veterans.

    • A "no" vote opposed this constitutional amendment to:

      • legalize marijuana for medical purposes;

      • tax marijuana sales at 4 percent; and

      • spend tax revenue on healthcare services for veterans.​​​

  • (2018) Michigan Proposal 1, the Marijuana Legalization Initiative, was on the ballot in Michigan as an indirect initiated state statute on November 6, 2018. The measure was approved.

    • A "yes" vote supported legalizing the recreational use and possession of marijuana for persons 21 years of age or older and enacting a tax on marijuana sales.

    • A "no" vote opposed legalizing the recreational use and possession of marijuana for persons 21 years of age or older and enacting a tax on marijuana sales.

  • (2015) The Virginia State Senate Passes:

    • § 3.2-4113. Production of industrial hemp lawful.

      • A. It is lawful for a person licensed pursuant to § 3.2-4115 to cultivate, produce, or otherwise grow
        industrial hemp in the Commonwealth for the purpose of research as part of the industrial hemp
        research program. No person licensed pursuant to § 3.2-4115 shall be prosecuted under § 18.2-247,
        18.2-248, 18.2-248.01, 18.2-248.1, 18.2-250, or 18.2-250.1 for (i) the possession or cultivation of
        industrial hemp plant material or seeds as part of the industrial hemp research program or (ii) the
        manufacture of industrial hemp products as part of the industrial hemp research program. In any
        complaint, information, or indictment, and in any action or proceeding brought for the enforcement of
        any provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or the Drug Control Act, Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this chapter or the Drug Control Act, and the burden of proof of any such exception, excuse, proviso, or exemption shall be on the defendant.

      • B. Nothing in this chapter shall be construed to authorize any person to violate any federal law or
        regulation. If any part of this chapter conflicts with a provision of federal law relating to industrial
        hemp that has been adopted in Virginia under this chapter, the federal provision shall control to the
        extent of the conflict.

      • C. No person shall be prosecuted under § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-250, or
        18.2-250.1 for the involuntary growth of industrial hemp through the inadvertent natural spread of seeds
        or pollen as a result of proximity to a licensed grower.
        §grow industrial hemp as part of the industrial hemp research program
        shall apply to the Commissioner for a license on a form provided by the Commissioner. At a minimum,
        the application shall include:
        1. The name and mailing address of the applicant;
        2. The legal description and geographic data sufficient for locating the production fields to be used
        to grow industrial hemp. A license shall authorize industrial hemp propagation only on the land areas
        specified in the license;
        3. A signed statement indicating whether the applicant has ever been convicted of a felony. A person
        with a prior felony drug conviction within 10 years of applying for a license under this section shall not
        be eligible for the license;
        4. Written consent allowing the sheriff's office, police department, or Department of State Police, if a
        license is ultimately issued to the applicant, to enter the premises on which the industrial hemp is grown
        to conduct physical inspections of industrial hemp planted and grown by the applicant and to ensure
        compliance with the requirements of this chapter. No more than two physical inspections shall be
        conducted under this subdivision per year, unless a valid search warrant for an inspection has been
        issued by a court of competent jurisdiction. All testing for THC levels shall be performed as provided in
        subsection K;
        5. Documentation of an agreement between a public institution of higher education and the applicant
        that states that the applicant, if licensed pursuant to this section, will be a participant in the industrial
        hemp research program managed by that public institution of higher education;
        6. Any other information required by the Commissioner; and
        7. The payment of a nonrefundable application fee, in an amount set by the Commissioner.​

        • D. All license applications shall be processed as follows:
          1. Upon receipt of a license application, the Commissioner shall forward a copy of the application to
          the Department of State Police, which shall initiate its review thereof;
          2. The Department of State Police shall, within 60 days, perform the required state and national
          criminal history background check of the applicant; approve the application, if it is determined that the
          requirements relating to prior criminal convictions have been met; and return all applications to the
          Commissioner together with its findings and a copy of the state and national criminal history
          background check; and
          3. The Commissioner shall review all license applications returned from the Department of State
          Police. If the Commissioner determines that all requirements have been met and that a license should be
          granted to the applicant, taking into consideration any prior convictions of the applicant, the
          Commissioner shall approve the application for issuance of a license.

        • E. The Commissioner may approve licenses for only those selected growers whose demonstration
          plots will, in the discretion of the Commissioner, advance the goals of the industrial hemp research
          program to the furthest extent possible based on location, soil type, growing conditions, varieties of
          industrial hemp and their suitability for particular hemp products, and other relevant factors. The
          location and acreage of each demonstration plot to be grown by a license holder, as well as the total
          number of plots to be grown by a license holder, shall be determined at the discretion of the

  • (2015) ​The General Assembly of North Carolina enacts:

    • SECTION 1. Chapter 106 of the General Statutes is amended by adding a new Article to read: "Article 50E. "Industrial Hemp. "§ 106-568.50. Legislative findings and purpose. The General Assembly finds and declares that it is in the best interest of the citizens of North Carolina to promote and encourage the development of an industrial hemp industry in the State in order to expand employment, promote economic activity, and provide opportunities to small farmers for an environmentally sustainable and profitable use of crop lands that might otherwise be lost to agricultural production. The purposes of this Article are to establish an agricultural pilot program for the cultivation of industrial hemp in the State, to provide for reporting on the program by growers and processors for agricultural or other research, and to pursue any federal permits or waivers necessary to allow industrial hemp to be grown in the State.​​​​​​​​​​​​

 

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