State & Local Legislatures

Last month's greater-than-anticipated electoral gains by the Republican Party of Texas could be interpreted as the death knell for any advance of medical marijuana laws in the 82nd legislative session. But advocates for an affirmative defense bill — including those who earlier this year named Democrats as the most likely sponsors — are holding fast to hopes that the specter of an ever-encroaching government will resonate with Tea Party and like-minded lawmakers when the session convenes in January.

The Obama administration has warned Oakland over the licensing of four giant medical marijuana farms, saying the plan is in violation of state and federal law and could trigger multiple legal actions against the city. Officials from the Justice Department’s civil division and the U.S. attorney’s office in San Francisco delivered the blunt message to Oakland City Attorney John Russo, according to two officials who asked not to be identified because they were not authorized to talk about the meetings. At issue is an ordinance, approved by the Oakland City Council last July, to license four industrial facilities to cultivate and process medical marijuana and sell the product to dispensaries around the state.

The Battle Creek Planning Commission recommended changing the city's zoning rules to allow growing marijuana for medicinal use in certain commercial zones. Compassion clubs, operations that provide support services for medical marijuana patients, would be allowed in some zones and would give patients a second place to use their medicine besides their homes.

The bill failed on a 53-59-1 vote (60 was needed for passage) -- the sponsor, state Rep. Lou Lang, D-Skokie, has put the bill on postponed consideration, which effectively pulled it back before the vote was official and allows him to try again later if he can come up with extra votes. The House will meet today for the last time this year, then for a few days in January before the new General Assembly is seated. If the bill doesn't pass by then, Lang would have to start from scratch.

Virginia Delegate Harvey Morgan has proposed a bill to decriminalize marijuana possession in the upcoming General Assembly session. HB 1443 would replace criminal penalties for simple possession with a civil fine of $500. Morgan is a Republican and, more important, an assistant clinical professor of pharmacy at Virginia Commonwealth University’s medical school.

Illinois lawmakers are back at work -- the veto session started and one of the biggest issues is coming up for vote. The "Compassionate Use of Medical Cannabis Bill" could legalize medical marijuana. Supporters of the bill only need 2 more votes to ensure it passes.