Rerolled: January 22, 2019 | #STDW
Marijuana reform bills are starting to pop in state legislatures, a federal court judge rules in favor of a New Mexico medical marijuana provider in a free speech case, and more.
Connecticut Legalization Bill Filed. A legalization bill cosponsored by 40 Democrat legislators has been filed. HB 5595 would allow for legal sales to adults, home cultivation of up to six plants, and give priority in licensing to existing medical marijuana businesses. The bill also contains a provision for the expungement of previous pot convictions, and it would make it illegal for anyone to drive with more than 5 nanograms of THC per milliliter of blood.
Kentucky Decriminalization Bill Filed. State Sen. Jimmy Higdon (R-Lebanon) has filed a bill to decriminalize small-time pot possession. The measure, SB 82, would define less than an ounce of marijuana as a “personal use quantity” punishable only by a fine. The bill would also exempt “personal use marijuana accessories” from the state's drug paraphernalia law. Under current law, possession of eight ounces or less is a misdemeanor.
Federal Court Upholds First Amendment Rights of New Mexico Medical Marijuana Company. US District Court Judge James Parker has found in favor of Ultra Health, the state's largest medical marijuana provider, in a case that pitted it against the New Mexico State Fair. Fair officials had blocked the company from displaying an educational booth at the fair in 2017, and Ultra Health sued. The judge found that fair staff had infringed on Ultra Health's free speech and civil rights: “The State Fair’s restrictions … as applied to Ultra Health’s 2017 State Fair application were unreasonable in light of the purpose of the forum and the surrounding circumstances and therefore violated Ultra Health’s First Amendment right to free speech,” Judge Parker wrote in his ruling.
Michigan Legislature Takes Up Ending Civil Asset Forfeiture. The Senate Judiciary and Public Safety Committee will on Thursday take up SB 002, a measure that would require police and prosecutors to win a criminal conviction before permanently seizing someone's property. Similar bills have failed in the past, but now Democrats control both the legislature and the governor's mansion, and both House Speaker Lee Chatfield and Attorney General Dana Nessel support the effort.