The bill was previously approved by the House but it was amended by the Senate so it will need to return to the House for another vote.

The measure would reduce the penalties for possession of up to an ounce of marijuana. Under current law individuals could face up to six months in jail for being arrested with a small amount of marijuana. The bill would change the law so that adults age 21 and over would no longer face criminal penalties. Instead they would be subject only to civil fine. Individuals under the age of 21 would face slightly tougher penalties and be required to undergo substance abuse screening.

Gov. Peter Shumlin (D) is a strong supporter of marijuana decriminalization and has been lobbying the legislature to act on this issue. He should sign the bill into law when it gets to this desk.

Photo ilmungo released under Creative Commons License

The big advances for marijuana reform still tend to come during election years when initiatives are put on the ballot, but there are already some promising signs for possible legislative victories in 2013. Across the country several marijuana reform bills have been introduced in the state legislatures that either stand a decent chance of becoming law this year or will at least significantly advance the issue of reform. Hopefully, the fact the voters in Colorado and Washington State recently came out so strongly for full legalization will convince politicians across the country that the electorate wants change.

Here is my list of the eight possible marijuana reforms in 2013 that look most promising. It is obviously still early in the year so other actions can still potentially emerge.

1) New Hampshire, medical marijuana – Medical marijuana was almost approved in New Hampshire last year but only failed because the bill was vetoed by then Governor John Lynch (D). Lynch has since retired and been replaced by Governor Margaret Hassan (D). Hassan is a supporter of medical marijuana and voted for it when she was serving in the state legislature.

2) Vermont, marijuana decriminalization – Governor Peter Shulmin (D) considers marijuana decriminalization a real priority for this legislative session and already bills have been introduced in the legislature. The legislature in Vermont is also controlled by Democrats so that chances are good something will be approved.

3) New York, decriminalizing marijuana in “public view” – Minor possession of marijuana in New York is already decriminalized as long as it is not in “open view.” This legal technicality is being exploited in a devastating way in New York City. In primarily low minority neighborhoods the police are using a stop and frisk tactic. They basically forcing random people to empty their pockets and then arrest them for having the marijuana in public view. The issue has received serious media attention and during his State of the State address Governor Andrew Cuomo (D) called decriminalizing the public view of 15 grams or less of marijuana a priority for 2013.

4) Illinois, medical marijuana – In the past the Illinois State House has come close to approving a medical marijuana bill but it ended up just a few votes short. In the 2012 election, though, Democrats made significant gains in the state legislature. Given that Democrats tend to be more supportive of marijuana reform, the election should have improved the chances of action this year. Gov. Pat Quinn (D) has previously said he would consider signing a medical marijuana law.

5) Washington State, vacating old marijuana convictions – It is idiotic and unfair for people to be burdened with a criminal record for something that is no longer even a crime. That why the bipartisan HB 1661 has recently been introduced in Washington State. It would allow people who were previously convicted of misdemeanor marijuana possession to have their record vacated. Hopefully, the fact that the people of the state overwhelming voted to legalize marijuana will encourage the legislature to act.

Even if it is not approved this session, it is important for support to start building around this issue as marijuana legalization continues to spread. The slow process of ending marijuana prohibition won’t be completed until the needless suffering it caused is also fixed as best it can be.

6) Kentucky, industrial hemp – One of the most absurd parts of the United State’s marijuana prohibition is that industrial hemp has been caught up in it. While the industrial hemp plant are technically related to marijuana it is only in the way that a Pomeranian is technically related to a grey wolf. Industrial hemp can’t get people high.

There is an effort underway to fix this problem to allow farmers to grow industrial hemp, which is an agricultural product with a variety of uses. Kentucky’s two senators, Minority Leader Mitch McConnell (R) and Rand Paul (R), are both pushing to allow local farmers to grow hemp. The recent backing of McConnell is very important. He is not only the unofficial leader of the GOP in Kentucky, but one of the most politically powerful people in Washington.

7) Hawaii, marijuana legalization – A bill was recently introduced in the Hawaii State House that would legalize marijuana. Even though the bill is probably not going to pass this year, what makes this effort significant is that the bill is sponsored by House Speaker Joe Souki (D), who holds the most powerful position in the chamber.

This will be an interesting test of how much support legalization currently has in the Hawaii state legislature and should help build support for reform going forward. Hawaii was the first state legislature to approve medical marijuana and it is possible that in a few years it might be the first state legislature to legalize marijuana.

8) Rhode Island, marijuana legalization – State Rep. Edith Ajello (D) introduced a bill to legalize marijuana for adults. While it is unlikely to be approved this year, the Rhode Island had recently adopted several marijuana reforms including both a marijuana decriminalization bill and a medical marijuana dispensary bill last year. This bill should test to see how much the recent election has changed the politics around the issue and help build support moving forward.

Long term, Rhode Island will be one the top targets for getting legalization approved through the state legislature. It is a very liberal state but doesn’t allow for ballot initiatives.

Image by medcannaman under Creative Commons license

VT Governor Peter Shumlin

Vermont may soon follow its New England neighbors in decriminalizing small amounts of marijuana. A tri-partisan bill has recently been introduced in the state House that would make the penalty for adults caught with less than two ounces of marijuana simply a $100 fine. A similar bill was also introduced in the state Senate but it would set the limit at one ounce. From WCAX:

Tuesday, Progressive Representative Chris Pearson of Burlington and Republican Representative Patti Komline of Dorset introduced House Bill 200. The tripartisan measure with 39 sponsors would transform small-scale marijuana crimes from felonies into civil offenses, meaning those caught with less than two ounces of pot would face a $100 ticket, not a record.

“It’ll still be taken pretty seriously for young people. For anyone older than 21, it’ll be a minor penalty,” Komline said. [...]

Vt. House Speaker Shap Smith says he won’t block the measure from coming to the floor for debate this session, allowing a full decriminalization debate in the Green Mountain State.

Governor Peter Shumlin (D) has proven to be a strong supporter of marijuana reform and considers marijuana decriminalization legislation a priority this year. With the House Speaker promising not to block the issue and the governor lobbying for it, marijuana decriminalization stands a very good chance of winning approval this session.

Currently, Vermont and New Hampshire remain the only two states in New England that have not yet decriminalized possession of small amounts of marijuana.

Photo by origamidon under Creative Commons license

Popular Opinion – Perhaps the single biggest development for the marijuana legalization movement in the last year is that it finally started winning the war of popular opinion. For the first time in forty years Gallup found more American adults thought marijuana should be legal than illegal. Gallup’s October poll was the first time it found that 50% of Americans thought marijuana should be legal.

Legislative front – The movement has scored some solid victories in the state legislatures since the last April 20th. In Vermont. Gov. Peter Shumlin (D) signed a new law that will permit the creation of medical marijuana dispensaries last June. In Connecticut, Gov. Dannel Malloy (D) signed law that decriminalized possession of a small amount of marijuana last July.

Rescheduling - Another huge development for medical marijuana in the past years is that several sitting governors decided to actively petition the federal government to reschedule marijuana to make medically prescribed marijuana legal under federal law. The petition was filed by Washington Gov. Christine Gregoire (D) and Rhode Island Gov. Lincoln Chafee (I). Since it was started Vermont Gov. Shumlin has also joined the effort.

At the Ballot – Potentially the most important thing to happen for the movement this year for the long term is that marijuana legalization initiatives have qualified for the November ballot in two states. In Washington state Initiative 502 qualified for the ballot in January, and in Colorado Amendment 64 qualified for the ballot in February. In both Washington and Colorado, the initiatives have received support from their respective state Democratic parties. This should not only help the campaign’s appeal to undecided voters but is a sign that the proposal is becoming part of the political mainstream. In addition, the first round of signatures for a medical marijuana initiative was certified in Massachusetts, so it is almost assured to appear on the ballot this November.

The Bad News – The big dark spot in an otherwise solid year has been the Obama administration’s aggressive multi-agency war on medical marijuana. President Obama’s recent behavior on this issue is worse than George W. Bush’s ever was. Federal agencies have even recently targeted the home and business of Richard Lee, a leading marijuana legalization advocate and the primary backer of California’s Proposition 19in 2010. Another unfortunate development is that despite promises to change, the New York City police again set a new record for marijuana arrests, most of whom were minorities.

While at times it appears slow, there is clear and steady progress made to reform America’s illogical and unjust marijuana laws. The next 365 days could be some of the most monumental in the history of the movement. Given that we are experiencing a demographically driven huge swing in popular opinion about marijuana legalization, if voters in one or both states approves legalization this November it could serve as a tipping point for a wave of reforms nationally and internationally in the coming years.

VT Gov. Peter Shumlin (photo: VT Governor's office/flickr)

A spokesman for Vermont Governor Peter Shumlin (D) told the AP that he will join the recent petition filed by other governors to the federal government requesting marijuana be rescheduled. Yesterday, Washington state Governor Christine Gregoire (D) and Rhode Island Governor Lincoln Chafee (I) jointly filed the petition to the Drug Enforcement Agency asking that marijuana be moved from schedule I to at least schedule II.

Moving marijuana, which is currently schedule I, to a lower schedule will allow medical marijuana to be legally prescribed at a federal level. Currently marijuana is schedule I, which means -according to federal law- it has “a high potential for abuse, has no currently accepted medical use in treatment in the United States.” As a result marijuana can’t be legally prescribed according to federal law.

The executive branch of the federal government is allowed to change a drug’s scheduling and does with some frequency. Moving cannabis to schedule II or schedule III would allow doctors to legally prescribe marijuana under federal law, while still keeping it illegal for recreational use.

Gov. Shumlin has traditionally been very good on marijuana policy reform issues so his willingness to join this new push isn’t surprising but is still encouraging. While it is too early to tell if this new petition by the governors will actually produce any change in federal policy, it is still a very important development for the marijuana reform movement. Having now three seating governors publicly stating the federal government’s current stance toward medical marijuana is absurd and needs to change is a powerful sign that the issue is gaining significant traction.

In 2004 Vermont first legalized medical marijuana but under the old system patients were either required to grow their own or get marijuana from the black market. Since raising marijuana to the point it can be harvest takes awhile, patients were potentially be forced to suffer unnecessarily for weeks or months if they didn’t want to break the law.

With a regulated dispensary system patients in Vermont should be able to get relief more quickly.

Gov. Shumlin has proven to be a supporter of more reasonable marijuana policies. During the 2010 election he campaigned on both creating medical marijuana dispensaries and decriminalizing minor possession of marijuana.

Rep. Jason Lorber is pointing to a new study that shows the state spends over $700,000 going after people with less than two ounces of pot.

“And there’s some violent crime out there. There’s murder, there’s rape, there’s serious crime they can focus their attention on. And focusing on and diverting their time away and going after people with one or two ounces of pot doesn’t make a lot of sense,” said Lorber, D-Burlington.

While $700,000 may seem small, it is significant savings when you consider that Vermont only has a population of roughly 620,000. That is a saving of roughly $1.13 per resident of the Green Mountain State.

The recent election of Democrat Peter Shumlin as Governor has significantly increased the chances that Vermont will decriminalize marijuana in the near future. Shumlin has been a vocal supporter of reform. Being able to show that decriminalization should save the state money will likely make the task of shepherding a bill through the legislature that much easier.