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KNOW THE RULES of THE GAME:

CIVICS 101

The Medical Cannabis Advocate’s Handbook

Our real freedom comes from being aware thatwe do not have to save the world, merely makea difference in the place where we live."

—Parker Palmer

For more information, see www.AmericansForSafeAccess.org or contact the ASA office at 1-888-929-4367 or 510-251-1856.

Being an effectiveadvocate for medicalcannabis often meansengaging the politicalsystem. But for mostof us, the ins-and-outsof City Hall or theState Legislature are amystery. This chapteris designed to giveyou a basic under-standing of how legislation moves throughthe system and what you can do to influencethat process. You will be a more effectiveadvocate for medical cannabis if you under-stand the structure and process of your stateand local government and know how to workwithin that system.

Read "ABCs of Citizen Advocacy" in the"Using Your Voice" chapter of this book tolearn the "do's and don'ts" of being a citizenlobbyist for medical cannabis. That chaptertalks about framing a simple message, talkingwith lawmakers, and using simple tactics tobe more effective.

As a brief recap, medical cannabis advocatesmust be accurate, brief, and courteous withelected officials, and should always follow-upwith lawmakers. These are important pointsto emphasize because too many citizen advo-cates sacrifice their credibility with and accessto public figures by ignoring these simplerules. A medical cannabis advocate who baseshis or her comments on verifiable facts andpersonal life experience will be more crediblethan one who exaggerates, extrapolates tothe nth degree, or makes unreasonable repre-sentations. Short message are easier to digestand common courtesy will almost always takeyou further than confrontation—even if youare angry at those with whom you are speak-ing. Keep these simple principles in mind anduse the other tactics here and in the "ABCs of

Citizen Advocacy" toget the most fromyour interaction withpolicy makers.

The two most impor-tant things you cando when trying tolearn about the leg-islative process are toobserve and ask ques-

tions. You will learn more by watching legisla-tive bodies at work than you did in civics class.On the surface, the process seems dull androutine. But there is a lot going on when alegislative body is at work.

Obviously, some parts of the process areunclear to the uninitiated. Do not be afraid toask questions of the staff or more experi-enced participants. Look up parliamentaryprocedure and read up on civic processes.There is a wealth of information on theInternet regarding general process and specif-ic legislative bodies.

And finally, you will do better in politics if youlook and behave like a political person. Notehow people at City Hall or in the U.S.Congress dress and comport themselves. It isprobably more formal than what you areused to but ASA strongly recommends youdress in an appropriate manner when attend-ing public meetings or visiting lawmakers. Itwill help build rapport and provide one lessobstacle to overcome when trying to commu-nicate. Likewise, your demeanor in public andprivate meetings should be friendly, profes-sional, and courteous. Reaching out to law-makers is not always a good time to be loud,confrontational, or too familiar.

WHO REPRESENTS YOU?

One of the first things you will want to decideis to whom you should be talking about med-

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KNOW THE RULES OF THE GAME: CIVICS 101


ical cannabis. You are represented by lawmak-ers at the local, state, and federal levels. It is agood idea to find out who your representativesare right away. You can locate your representa-tives online at a variety of websites hosted bygovernment agencies or private political organi-zations. If you cannot find a good resource,email ASA at [email protected] or call tollfree (888) 929-4367 for help. Use the worksheetin this chapter to record the names of yourelected representatives.

On the federal level, every American is repre-sented by two U.S. Senators and one memberof the U.S. House of Representatives. TheSenators represent the entire state whileMembers of the U.S. House of Representativesare elected by individual districts in theirrespective states. On the state level, you arerepresented by a single Senator and onemember of a separate body, usually referredto as the House of Representatives or Houseof Delegates. The State of Nebraska is uniquein that it has only one legislative body.

On the local level, representation is more var-ied. Your county, city, town, or township maybe governed by an elected body of varyingsize and structure. For most communities, thiswill be a city council or a county board ofsupervisors. Local representatives may beelected by individual districts, so they willonly represent a portion of the city or county.Alternatively, your local representatives maybe elected "at large," meaning they representthe entire jurisdiction. Some governing bodiescombine district representation with atlargerepresentatives.

You will want to speak with your representa-tive in the appropriate level of government. Ifyou are discussing statewide medical cannabislaws, for instance, you should be talking withyour State Senator or member of the StateHouse of Representatives. But if you are talk-ing about local regulations for the city inwhich you live, you should be talking insteadwith your representative on the city council.

HOW LAWS ARE MADE

Laws about medical cannabis can be made indifferent ways, depending on the level ofgovernment at which you are working. Thereare three primary options:

1. Legislative process — Congress, the statelegislature, or local government can enacta new law. This is the most common waynew legislation is adopted, and we willexplore this process in detail below.

2. Voter initiatives — Citizens in 24 states andthe District of Columbia can adopt newlaws using a voter initiative. Most of thestate medical cannabis laws were adoptedthis way. There is no federal initiativeprocess.

3. Judicial review — in some cases, federaland state courts can interpret or overturnlaws deemed unconstitutional. Althoughjudicial review is not technically alegislative process, the outcome of thecourt's decision is sometimes called "caselaw" and can be a binding precedent infuture cases.

Legislative processes can vary from one juris-diction to another but generally follow thesame procedure for introducing legislation,conducting hearings, and adopting bills. Theterminology may differ from one place toanother, of course. You will need to becomefamiliar with the process and terminology inthe jurisdiction in which you are working.

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CITY COUNCILS & COUNTY SUPERVISORS

Local rules about medical cannabis will beestablished by your city council, county boardof supervisors, or other local elected body.Generally speaking, only one local govern-ment body will have regulatory authority. Ifyou are inside city limits, local regulations willbe adopted by the city council. If you are out-side a city, the county board of supervisorsmay be charged with setting local policy. Insome rare cases, there may be overlappingjurisdiction between the local elected bodyand special districts—school boards, businessimprovement districts, water districts, coastalcommissions, etc. City councils and countyboards of supervisors typically follow similarprocesses to adopt new ordinances.

A member of the cty council or the mayormay propose an ordinance. This is usuallydone by making a motion asking city staff towrite an ordinance designed to accomplish aspecific goal. For example, a city council mem-ber may propose a motion asking staff todevelop safety standards, location criteria,and/or operational guidelines for medicalcannabis collectives. The draft ordinance isprepared for a hearing by the city attorney'soffice or other legal department. In somecases, councilmembers or public interestgroups may submit a complete draft of anordinance for consideration.

Once written, the ordinance is assigned anumber and published by the city clerk forthe "first reading" (sometimes referred to as"first hearing"). After the first reading, the

draft ordinance is usually referred to a councilcommittee for study, public discussion, andthe amendment process where necessary. Ifapproved by the committee, the bill is passedback to the city council for a second reading.Additional committee hearings are held if thecity council decides they are necessary. Athird reading may lead to the final passage ofthe ordinance into law. In most cases, themayor must sign or veto the legislation. If themayor vetoes the ordinance, it is returned tothe council. The council may override themayor's decision to veto with a two-thirdsvote. There is a great deal of variance in theveto/override process.

A city council may take one of the four fol-lowing legislative actions pertaining to med-ical cannabis. Each of these may impact theprocess differently:

• Ordinances are laws adopted by thecouncil that usually amend the MunicipalCode. Most ordinances appear on twoconsecutive Council Agendas. The firstappearance is for the purpose of hearings,the second is for adopting the proposalinto law. Usually, ordinances are effective30 days after they are accepted.

• Resolutions are express decisions,opinions, or actions taken by the council,but they do not amend the MunicipalCode or other laws.

• Minute Orders are the rarest action, butthey are used to approve policy, establishprocedures, or provide direction to staff.

• Appointments are designations ofselection applications to various boards,commissions, and committees by thecouncil.

Public participation in each process is wel-comed throughout the hearing process and incouncil meetings. Opportunities for the pub-lic to address the council are providedthrough the Public Comment, ConsentCalendar, and Public Hearing sections of theagenda. Speakers must be registered prior tothe meeting to address the council. Themayor will call you when it is your turn to

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address the council. Only agenda items willbe discussed during hearings, as state law pro-hibits any deterrence from the agenda items,so it is important to keep speeches focused.Written communications are also acceptable.

Be strategic in how and when you communi-cate with city councilmembers about pro-posed regulations. It is best to chime in earlywith solutions, using the tactics discussed inother chapters of this book. Do not hesitateto contact city council offices to talk with theMember or staff about proposals on thephone, in writing, and in person. It is easiestto influence legislation at the committee levelwhen there are fewer Members to persuade.Reach out to members of the committee thatwill hear testimony about the bill before thehearing and be ready to summarize yourcomments on the day of the hearing.

STATE LEGISLATURES

State legislatures have jurisdiction in every cityand county in the state. Laws adopted by thestate legislature preempt local ordinances inmost cases. This means that state law trumpslocal law when the two differ. Many statesthat have recently adopted medical cannabislaws rely more heavily on statewide regula-tion than on local ordinances.

The process of adopting a new state law(sometimes called a "statute" or "bill") is simi-lar to the process on the local level. However,state legislatures typically have more bureau-cracy than local government—especially inmore populous states. This may present a bar-

rier for medical cannabis advocates when itcomes to introducing or supporting goodbills. Advocates who want to introduce med-ical cannabis bills in the state legislature willneed to become well-versed in proceduresand timelines for introducing new legislation.Most of this information is available online.You can also get the basic information forintroducing legislation from the staff at theoffices of sympathetic state lawmakers.Contact ASA at [email protected] ortoll free at (888) 929-4367 if you are havingtrouble finding this information.

A state lawmaker can introduce new medicalcannabis legislation in response to a need heor she perceives or at the request of con-stituents, public interest groups, lobbyists, orothers. The actual language of the bill can bewritten by staff at the lawmaker's office, leg-islative counsel, or third parties. Advocatescan use the model bill in this workbook tosuggest language for a new law. After intro-duction, a bill is assigned a number andreferred for committee hearings by a specialcommittee of the legislature.

The state process for adopting bills is similarto the local process—introduction, committeehearings, and votes in each house of the legis-lature. This process can take many months tocomplete. If a bill is adopted by both housesof the legislature, the Governor can sign thebill into law or veto it. Most states allow thelegislature to override a gubernatorial veto.The votes needed to override veto vary fromstate to state.

The political arena can get very complicatedat the state level. Lawmakers and their staffusually deal with a lot of serious and time-sensitive issues and a wide variety of con-stituents, public interest groups, and lobbyistscompete for their attention. Do not be dis-couraged is state lawmakers are harder toreach than local elected officials. Advocatesshould be persistent in using the techniquesdescribed in this workbook—including time-tested strategies for talking with lawmakers,mobilizing supporters, and building coalitions.


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U.S. CONGRESS

In order to protect patients' rights, we mustfinally harmonize federal law with the laws ofthe fifteen states and the District of Columbiain which medical cannabis is already legal.This means passing a new law (or laws) in theU.S. Congress. In our federalist system of gov-ernment, the federal government sharespower with the state governments. In somecases, federal law may preempt state law. Inthe case of medical cannabis, however, the fed-eral courts have declined to overturn or pre-empt state laws. That is good news for patientswhere medical cannabis is legal, but we mustchange federal law to eliminate federal inter-ference and protect patients in every state.

Passing a bill through both Houses of the U.S.Congress is a big project. Individuals andorganizations spend years trying to accom-plish this. Do not be discouraged. There was atime when even environmental and civilrights legislation was considered impossible.But dedicated and strategic people workedfor years to change federal laws. Some of you

reading this workbook will do the same formedical cannabis!

Just as at the local and state level, anyone cansuggest a new bill. However, only a Memberof Congress can introduce new legislation. Amedical cannabis bill can be introduced intoeither the House of Representatives or theSenate. After introduction, the bill will bereferred to one or more committees for con-sideration, before going for a vote on thefloor of the house into which it was intro-duced. If it passes, the bill goes to the otherhouse to repeat the committee and floor voteprocess. A bill can be amended at any time inthis process. If the version adopted by eachhouse differs due to amendments, the twoversions will be sent to a conference commit-tee made up of Congress Members from bothhouses to resolve the differences. Then theconference committee will send the harmo-nized bill back to both houses for finalapproval. The President has the authority toveto any bill passed by Congress. If he or shedoes so, both houses of Congress can overridethe veto with a two-thirds majority vote.

It can take years to pass a federal bill, espe-cially one that is controversial. Medicalcannabis advocates have much work to do inbuilding support for federal legislationamong the grassroots constituents andCongressional delegations. You are a part ofthat process right now. Remember that incre-mental victories bring us closer to new federallaws. Building coalitions, adopting resolutionsat the local and state level, shaping mediacoverage, and other grassroots work is slowlyturning the tide in Washington, DC.

MODEL LEGISLATION

For model state legislation on medical cannabis anda model local ordinance for regulating medicalcannabis dispensing centers, see the Appendix.

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