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Chronicle AM: Seattle Safe Injection Site Progress, Philippines Drug Killings Inquiry, More... (8/23/16)

A Seattle heroin task force has endorsed safe injection sites, the Philippine Senate is holding hearings on the ongoing massacre of alleged drug users and sellers, Colombia coca growers are protesting over unfulfilled crop substitution promises, and more.

Vancouver's InSite drug consumption room. Something similar could be coming to Seattle. (vcha.ca)
Marijuana Policy

Arkansas Attorney General Rejects 2018 Legalization Initiative Wording, Again. Attorney General Leslie Rutledge has again rejected the wording of a proposed constitutional amendment to legalize marijuana. The proposal is from Mary Berry of Summit. Rutledge wrote Monday that the proposal has ambiguities around licensing and the role of various state agencies in overseeing legal marijuana commerce. Berry successfully submitted a similar proposal for this year, the Arkansas Cannabis Amendment, but it failed to get enough signatures to qualify for the ballot.

Northern Marianas Senator Reintroduces Marijuana Legalization Referendum Bill. Sen. Sixto Igisomar has redrafted what was formerly a medical marijuana bill and turned it into a full-on legalization bill. The new version, Senate Bill 19-106, is now before the Senate Committee on Health and Welfare. If approved by the legislature, the measure would then go before the voters.

Harm Reduction

Seattle Heroin Task Force Endorses Safe Injection Sites. The Heroin Task Force empanelled by Seattle Mayor Ed Murray and King County Executive Dow Constantine has endorsed open safe injection sites for drug users. The task force is now working on formal recommendations on how it might work and the legal challenges it could face. Those recommendations are expected next month.

International

Philippine Senators Open Hearing on Drug War Killings. The Senate Justice Committee opened an inquiry Monday into the killings of more than 1,800 alleged drug users and sellers during an ongoing crackdown spurred by President Rodrigo Duterte. Committee chair Sen. Leila de Lima said she was worried by the killings and that police and vigilantes could be using the crackdown "to commit murder with impunity." National Police Chief Ronald de la Rosa, who said he did not condone extrajudicial killings, took heat for failing to stop vigilante killings. "This is like anarchy," said Sen. Antonio Trillanes IV. "It's continuing under your watch."

Colombia Coca Growers Say Government Not Living Up to Crop Substitution Promises. Coca growers in Putumayo province have been protesting for the past month, saying the government is eradicating coca crops without providing substitute crops as promised. Clashes between riot police and protestors have left at least one farmer dead, with dozens others injured.

Chronicle AM: Second AR MedMJ Init Should Qualify, Philippine Death Toll Doubles, More... (8/22/16)

Marijuana reform foes in Arizona and Missouri go to court to try to block initiatives, a second Arkansas medical marijuana initiative is poised to qualify for the ballot, Duterte's festival of death continues apace, and more.

Arkansans could have two chances to vote for medical marijuana in November. (Creative Commons/Wikimedia)
Marijuana Policy

Arizona Legalization Foes Appeal to State Supreme Court to Block Initiative. Even though a state superior court judge last week ruled that their challenge to the Prop 205 legalization initiative made no legitimate claims, the plaintiffs in the lawsuit have vowed to take their case to the state Supreme Court.

Medical Marijuana

Second Arkansas Initiative Should Qualify for Ballot. There's already one medical marijuana initiative on the ballot, the Arkansas Medical Cannabis Act, but there could be another. Backers of the Arkansas Medical Marijuana Amendment handed in additional signatures last Friday after they came up short in the original round of petitioning. The amendment needed 84,589 valid voter signatures, but only came up with 72,000 valid ones on July 8. Being so close, however, qualified the amendment for a second round of signature gathering, and it has now handed in another 35,000 raw signatures, meaning it should now qualify. If both initiatives appear on the ballot and both pass, the one with the most votes will become law.

Missouri DAs Seek to Block Medical Marijuana Initiative Campaigns Challenge on Invalidated Signatures. A dozen state prosecutors have filed legal action to block the New Approach Missouri medical marijuana initiative from getting on the ballot. The group is challenging official signature counts that say it came up short, but the DAs argue that that isn't the real issue. They argue that the state cannot put on the ballot issues that would result in laws in conflict with US law.

International

Duterte's Philippines Drug War Death Toll Doubles to 1800. The number of people killed in President Rodrigo Duterte's campaign against drug users and sellers has now reached 1,800, police said Monday. Police said they had killed more than 700 drug offenders, while more than 1,000 killings were carried out "outside police work." The UN has called on Manila to end the extra-judicial killings, but Duterte has responded by saying he could quit the UN.

Mexico Police Accused of Massacring 22 Suspected Cartel Members. The deaths of 22 alleged cartel members in a May 2015 incident at a ranch in Michoacan was not a gun battle, but a mass execution, the country's human rights commission declared last Friday. The commission said police killed the men, then moved bodies and planted guns to support the official account that there had been a shoot-out. "The investigation confirmed facts that show grave human rights violations attributable to public servants of the federal police," said the commission president, Luis Raul Gonzalez Perez. National Security Commissioner Renato Sales, who oversees the federal police, rejected that charge, and did so at a press conference called before the commission had finished its own.

Chronicle AM: Duterte Lashes Out at UN, CA MJ Arrests Haven't Gone Away, More... (8/18/16)

Despite what's been called "de facto legalization," California has arrested a half million for pot in the last decade; Tennessee's Music City moves toward decriminalization, a Montana anti-medical marijuana initiative has come up short, and more.

Filipino President Rodrigo "The Punisher" Duterte (theinfluence.org)
Marijuana Policy

California Saw Half a Million Marijuana Arrests in the Last Decade. And you thought pot was virtually legal there already. A new report from the Drug Policy Alliance shows that far from "de facto legalization," tens of thousands of Californians are still getting arrested for marijuana offenses each year. Even though the state decriminalized pot possession in 2011, thousands are still arrested for marijuana misdemeanors each year, and the burden of arrests falls disproportionately on blacks, Latinos, and youth.

Report Finds West Virginia Could Make Millions By Legalizing Marijuana. The West Virginia Center on Budget and Policy released a report Thursday saying that if the state legalized marijuana and taxed it at 25% of its wholesale price, the state could collect an estimated $45 million a year. And if just 10% of marijuana users living within 200 miles of the state came to buy legal weed there, the state could make $194 million a year. It would also save most of the $17 million a year it currently spends enforcing pot prohibition.

Nashville Moves Toward Marijuana Decriminalization. Tennessee's second largest city (less than a thousand people fewer than Memphis) is headed for decrim. The city council Tuesday gave its initial approval to a measure that would make possession of up to an ounce a civil infraction punishable by a $50 fine. It's not a done deal yet, though, and the police are grumbling. Stay tuned.

Medical Marijuana

Possible Arizona Pot Legalization Spurs Rush for Medical Marijuana Licenses. More than 750 people or groups have submitted applications for 31 medical marijuana dispensary licenses to be awarded in October. Medical marijuana license holders will get first crack at new adult use licenses if the Prop 205 legalization initiative passes.

Montana Anti-Medical Marijuana Initiative Fails To Qualify for Ballot, But Challenges Signature Shortfall. An initiative seeking to repeal the state's medical marijuana law has failed to qualify for the November ballot after coming up short on valid signatures. The Safe Montana campaign claims the state improperly rejected or lost signatures and has filed suit to challenge the state's decision. Meanwhile, the I-182 initiative, which would rebuild the state's largely gutted medical marijuana program, has already qualified for the ballot.

International

Philippines President Duterte Slams "Stupid" UN Criticism of Drug War Killings.President Duterte, who has presided over hundreds of drug war killings since assuming office just weeks ago, has pushed back against criticism of his policies by the United Nations. ""Here comes the UN, easily swayed, and coming with a very stupid proposition,"Duterte said in a speech on Wednesday at an event for police officers also attended by foreign diplomats. "Why would the United Nations be so easily swayed into interfering in the affairs of this republic?" Duterte has ordered police not to hesitate to kill and even urged ordinary citizens and communist rebels to join in the war against drugs. Drug users are "not viable human beings," he said.

Medical Marijuana Update

The federal courts remind the Justice Department that Congress passed a law barring it from using federal funds to go after state-legal medical marijuana operations, Maryland takes a step toward getting its industry up and running, California balks at a medical marijuana grower tax, and more.

National

On Tuesday, a federal appeals court blocked the Department of Justice from going after medical marijuana in states where it is legal. The 9th US Circuit Court of Appeals ruled that the Justice Department can't spend money to prosecute federal marijuana cases if the defendants are in compliance with state laws permitting medical marijuana production and sales. The ruling upholds the Farr-Rohrabacher amendment, passed by Congress in 2014, which prohibits the spending of appropriated funds to interfere in medical marijuana states. That amendment "prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws," the court said.

California

Last Friday, a medical marijuana tax bill died in committee. A bill that would have imposed a tax on commercial medical marijuana growers has been killed in the Senate Appropriations Committee. Assembly Bill 2243 would have imposed a tax of up to $9.25 per ounce of marijuana buds, $2.75 for pot leaves, and $1.25 for immature pot plants. The panel killed the bill after patient advocates said it would impose a burden on patients.

Maryland

On Tuesday, the state named medical marijuana growers and processors. The state Medical Cannabis Commission has awarded preliminary licenses to 20 companies to grow and process medical marijuana and has named the companies selected. The licenses were actually awarded on August 5, but the commission did not reveal the names of the licensees until Monday, so state officials could conduct background checks and review financial records.

New Mexico

On Wednesday, a patient's mom and a marijuana growers sued over the state's medical marijuana shortage. The mother of an infant suffering from a rare form of epilepsy has joined with a state-legal grower to sue the Department of Health over restrictive rules they say are harming patients by making it impossible for producers to supply patients with the medicine they need.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: Clinton Renews Rescheduling Call, Kerry Gets MX Human Rights Letter, More... (8/12/16)

The DEA's refusal to reschedule marijuana yesterday elicits reactions from Hillary Clinton and DC activists, a California bill to tax medical marijuana farmers dies in committee, Secretary of State Kerry gets a letter from Congress urging him to prioritize human rights when it comes to financing Mexico's drug war, and more.

DC activists are set to give the White House an earful after the DEA refused to reschedule marijuana.
Marijuana Policy

In Wake of DEA Decision, Hillary Clinton Reiterates Call for Rescheduling Marijuana. Democratic presidential candidate Hillary Clinton will move to reclassify marijuana as a Schedule II substance, her campaign said in a statement after the DEA rejected reclassification Thursday. "As president, Hillary will build on the important steps announced today by rescheduling marijuana from a Schedule I to a Schedule II substance. She will also ensure Colorado, and other states that have enacted marijuana laws, can continue to serve as laboratories of democracy," senior Clinton advisor Maya Harris said.

In Wake of DEA Decision, Emergency Demonstration at the White House Tonight. Washington, DC, DCMJ legalization activists are gathering in front of the White House tonight at 8:20 PM to protest the DEA's refusal to move marijuana from Schedule I, the same schedule as heroin. "Here we are, 43 years and millions of marijuana arrests later, and we being told that cannabis is still as dangerous as heroin. WHAT THE HELL?!?!" organizers wrote on Facebook. "The Obama Administration's DEA thinks Americans should go to jail for a non-toxic plant. WE THINK OTHERWISE!"

Medical Marijuana

California Medical Marijuana Tax Bill Dies in Committee. A bill that would have imposed a tax on commercial medical marijuana growers has been killed in the Senate Appropriations Committee. Assembly Bill 2243 would have imposed a tax of up to $9.25 per ounce of marijuana buds, $2.75 for pot leaves, and $1.25 for immature pot plants. The panel killed the bill after patient advocates said it would impose a burden on patients.

International

Canadian Medical Marijuana Patients Will Be Able to Grow Their Own. Health Canada said Thursday that medical marijuana patients will be able to grow limited amounts for themselves or have a caregiver do so. The move comes as the government attempts to comply with a federal court ruling that struck down the previous Conservative government's ban on patients growing their own. Patients would also still have the option of buying from one of 34 producers licensed by the federal government.

Congresspersons Sign Letter to Secretary of State Kerry Urging That US Prioritize Human Rights in Mexico. Some 68 members of Congress have signed onto a letter urging Kerry to make human rights a priority in US relations with Mexico. The letter expresses concern over the "27,000 unresolved cases of people who have disappeared in Mexico since 2007, and the slow pace of reforms in the military, law enforcement and justice sectors," as well as the persistent use of torture in criminal investigations. It calls for US support for the ongoing investigation and search for the 43 disappeared students from the Ayotzinapa rural teachers' college. And it reiterates the need for accountability and justice in the cases of grave abuses committed by Mexican security forces in Oaxaca and Tlatlaya. The letter comes as the State Department is reviewing the Mexican government's compliance with human rights conditions attached to US anti-drug funding.

(This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

DEA's Marijuana Rescheduling Rejection Is Disappointing, But Doesn't Have Much Impact [FEATURE]

This article was produced in collaboration with AlterNet and an earlier version appeared here.

The DEA's decision Thursday not to move marijuana from Schedule I of the Controlled Substances Act (CSA) ended months of speculation about whether the agency would finally act in accordance with an ever-increasing mountain of evidence of marijuana's medicinal utility and either schedule it less restrictively or deschedule it altogether.

Supporters of more enlightened marijuana policies were disappointed, but not surprised. After all, the DEA has a long history of rejecting and impeding science when it comes to marijuana. But even had DEA acted (it did ease the University of Mississippi's monopoly on growing marijuana for research purposes), the most likely move would have been grudgingly incremental, shifting marijuana from a schedule where it is grouped with heroin down to Schedule II, where it would be grouped with cocaine and methamphetamines, and still not prescribable absent FDA approval.

Or the agency could have taken some other largely unpalatable stance, such as making cannibidiol a Schedule III substance (like synthetic Marinol) while leaving the whole plant Schedule I. In any case, any move short of descheduling it entirely and treating it like alcohol and tobacco, would have left marijuana medicalized, but not normalized.

The article below was written days before the DEA's decision, but we think the discussion remains germane for understanding the issues around rescheduling and why most reformers are disappointed, but not devastated by the agency's stubborn refusal to budge.

While the DEA may move to reschedule marijuana to a lesser schedule, keeping it within the purview of the Controlled Substances Act means that it would still be illegal, even for medical use in the absence of FDA approval. Even with FDA approval, a years-long process, it would still require a prescription to obtain, which would do nothing to address legal adult marijuana sales, production, or possession in the states. Removing it from the CSA, or descheduling, is what consumers and the industry are calling for, but that is the unlikeliest outcome, even though that's how we deal with the two most commonly used recreational drugs in the United States, alcohol and tobacco.

Schedule I is reserved for substances that have "no currently accepted medical use and a high potential for abuse," the DEA notes. "Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence." Those drugs include heroin, Ecstasy, LSD, peyote…and marijuana.

For more than 40 years, the DEA has blocked efforts to have marijuana placed in a more appropriate schedule, one that reflects the plant's medicinal uses as well as its relative harmlessness compared to other scheduled substances. But that stance has grown increasingly untenable in the face of state-level medical marijuana programs and in the face of an ever-larger mountain of research that fails to find significant serious health consequences from marijuana use.

Now, the DEA is considering a decision on the most recent rescheduling petition. Earlier this year, the agency told lawmakers it "hopes to release its determination in the first half of 2016," but that clearly didn't happen. Late in June, DEA spokesman Russ Baer said the agency is "in the final stages" of making its determination. And just last week, Baer said, "We're closer than we ever were. It's a very deliberative process."

If the DEA decides not to keep marijuana in Schedule I, the most obvious incremental move would be for it to bump it down one step to Schedule II, placing pot in the same category as morphine, cocaine, and methamphetamine. That could pave the way for eventually allowing doctors to prescribe it, and would remove some roadblocks to further research. It might open the way for broader changes in financial and business regulations, although a shift to Schedule III or greater would be needed to address the debilitating 280E tax provision, which prevents cannabusinesses from deducting ordinary expenses like rent or payroll.

The DEA still doesn't see the "medical" in "medical marijuana." (Wikimedia/Creative Commons)
But Schedule II, or any of the lesser schedules, would require that marijuana be approved by Food and Drug Administration (FDA), a lengthy and expensive process that could bankrupt businesses attempting to overcome those regulatory hurdles. And until that happens, there is no approved marijuana for doctors to prescribe. It's also unclear whether the FDA would ever approve smoked marijuana.

Members of the marijuana industry, medical marijuana advocates, and marijuana consumer advocacy groups alike expressed skepticism about the DEA's willingness or ability to respond to the scientific evidence, uncertainty about what the agency was likely to do, and a demonstrated a pronounced -- if not unanimous -- preference not for rescheduling, but for descheduling.

Matthew Huron is a founder and former board member of the National Cannabis Industry Association and founder and current CEO of Good Chemistry Colorado, a vertically integrated cannabis company, as well as the co-founder of the Wellspring Collective, which caters to seniors with health challenges. Huron isn't exactly enthused by the prospect of Schedule II.

"Just to move it to Schedule II is more complicated than we're reading about," he said. "It might just be the molecule that gets rescheduled -- not cannabis. I don't think moving it to Schedule II would really have much effect on the states. It wouldn't hurt, but it wouldn't really help. Most of us in the industry would like to see it descheduled."

The medical marijuana advocacy group Americans for Safe Access (ASA) is pushing for Schedule II, but it's not relying on the DEA to make it happen.

"We don't have a crystal ball, and we don't know what the DEA will do, but based on past history, we don't have high hopes they will reschedule," said ASA spokesperson Melissa Wilcox. "It's possible they will de- or reschedule CBD and leave whole plant cannabis at Schedule I. Who knows? The DEA tends to ignore the science."

Schedule II "would remove barriers to scientists wishing to do research, so we know best how to use cannabis -- targeting, dosing, all the questions we haven't been able to study because it is such a pain to get research done now," said Wilcox.

But with little faith in the DEA, ASA is instead pushing for a legislative solution, the Compassionate Access, Research Expansion, and Respect States' Rights (CARERS) Act, also known as S. 683, which is currently bottled up in the Senate Judiciary Committee, chaired by octogenarian prohibitionist Sen. Chuck Grassley (R-IA).

The CARERS Act would move marijuana to Schedule II, as well as deschedule CBD, open up access to marijuana business banking, and end the NIDA monopoly on growing marijuana for research, among other provisions.

"We're pretty sure this could pass, but Grassley is the gatekeeper, and we're pushing hard to get him to schedule a vote," said Wilcox.

"Moving marijuana to Schedule II is not a solution," said Mason Tvert, communications director for the Marijuana Policy Project, which has played -- and continues to play -- a major role in advancing both medical marijuana and legalization at the state level. "It would certainly remove barriers to research, but it would still treat marijuana as if it were as harmful as cocaine and other illegal substances, when it is objectively less harmful than alcohol. We fully support removing marijuana from the schedules and treating it like alcohol," Tvert emphasized.

"We think marijuana should be removed entirely from the Controlled Substances Act," said Dale Gieringer, long-time head of California NORML, representing consumers and small growers in the nation's most populous state. "As a fallback position, we've been litigating since 1972 to get it rescheduled to Schedule II. If they do that, that would be good -- they'd only be 45 years overdue," he noted.

"From the standpoint of states that have state-legal suppliers, Schedule II doesn't accomplish a whole lot," Gieringer said. "Those state-legal suppliers wouldn't become federally legal; they'd have to first obtain FDA approval. Until that happens, everybody is an illegal producer of a scheduled drug under federal law," he said.

"Schedule II would allow doctors to write prescriptions -- but nobody could fill them," Gieringer noted. "There are international prescriptions and international suppliers, though. But the main impact would be doctors would feel better and cops couldn't argue that marijuana isn't a medicine. If they're trying to create a niche for existing legal medical marijuana state, putting it in Schedule II is like creating a square hole for a round peg."

Marijuana patients, consumers, and the industry are all waiting for the DEA to act, but aren't really holding out much hope it will do the right thing. And even the half-steps it might take, such as moving it to Schedule II or separating out CBDs for lower scheduling, aren't going to substantially alter marijuana's legal status or resolve the conflicts between state-level legality and federal marijuana prohibition. When it comes to rescheduling marijuana, there's just not that much there there.

DEA Once Again Refuses to Reschedule Marijuana, But Does Offer One Sop [FEATURE]

The DEA today again refused to reschedule marijuana, arguing that its therapeutic value has not been scientifically proven. The move rejecting a rescheduling petition from two governors comes despite medical marijuana being legal in half the states and in the face of an ever-increasing mountain of evidence of marijuana's medicinal utility.

"DEA has denied two petitions to reschedule marijuana under the Controlled Substances Act (CSA)," the agency said in a press release. "In response to the petitions, DEA requested a scientific and medical evaluation and scheduling recommendation from the Department of Health and Human Services (HHS), which was conducted by the U.S. Food and Drug Administration (FDA) in consultation with the National Institute on Drug Abuse (NIDA). Based on the legal standards in the CSA, marijuana remains a schedule I controlled substance because it does not meet the criteria for currently accepted medical use in treatment in the United States, there is a lack of accepted safety for its use under medical supervision, and it has a high potential for abuse."

Today's action marks at least the fourth time the DEA has rejected petitions seeking to reschedule marijuana. The effort to get the DEA to move marijuana off the same schedule as heroin has been going on since 1972, and once again has garnered the same result.

The move comes despite the expansion of state medical marijuana laws at least three more states will vote on it this year -- and a growing clamor for change, including from members of Congress. Just yesterday, the National Conference of State Legislatures adopted a resolution calling on the federal government to move marijuana off Schedule I.

The agency did announce one policy change that could make it easier to conduct marijuana research. It said it would end the University of Mississippi's monopoly on the production of marijuana for research purposes by granting growing licenses to a limited number of other universities.

But that was not nearly enough for marijuana reform advocates, who scorched the agency for its continuing refusal to move the drug off of Schedule I, if not outside the purview of the Controlled Substances Act altogether.

"This decision is further evidence that the DEA doesn't get it. Keeping marijuana at Schedule I continues an outdated, failed approach -- leaving patients and marijuana businesses trapped between state and federal laws," said Rep. Earl Blumenauer (D-OR).

The DEA again refuses to acknowledge marijuana's medicinal utility. (Creative Commons/Wikipedia)
"The DEA's refusal to remove marijuana from Schedule I is, quite frankly, mind-boggling. It is intellectually dishonest and completely indefensible. Not everyone agrees marijuana should be legal, but few will deny that it is less harmful than alcohol and many prescription drugs. It is less toxic, less addictive, and less damaging to the body," said Mason Tvert, communications director for the Marijuana Policy Project.

"We are pleased the DEA is finally going to end NIDA's monopoly on the cultivation of marijuana for research purposes. For decades it has been preventing researchers from exploring the medical benefits of marijuana. It has also stood in the way of any scientific inquiries that might contradict the DEA's exaggerated claims about the potential harms of marijuana or raise questions about its classification under Schedule I," Tvert continued.

"The DEA's announcement is a little sweet but mostly bitter. Praising them for it would be like rewarding a student who failed an exam and agreed to cheat less on the next one. Removing barriers to research is a step forward, but the decision does not go nearly far enough. Marijuana should be completely removed from the CSA drug schedules and regulated similarly to alcohol," he concluded.

"For far too long, federal regulations have made clinical investigations involving cannabis needlessly onerous and have placed unnecessary and arbitrary restrictions on marijuana that do not exist for other controlled substances, including some other schedule I controlled substances," said Paul Armentano, deputy director of NORML.

"While this announcement is a significant step toward better facilitating and expanding clinical investigations into cannabis' therapeutic efficacy, ample scientific evidence already exists to remove cannabis from its schedule I classification and to acknowledge its relative safety compared to other scheduled substances, like opioids, and unscheduled substances, such as alcohol," he continued. "Ultimately, the federal government ought to remove cannabis from the Controlled Substances Act altogether in a manner similar to alcohol and tobacco, thus providing states the power to establish their own marijuana regulatory policies free from federal intrusion.

It is time for Congress to step up, Armentano said.

The DEA's approach. (DEA)
"Since the DEA has failed to take such action, then it is incumbent that members of Congress act swiftly to amend cannabis' criminal status in a way that comports with both public and scientific opinion. Failure to do so continues the federal government's 'Flat Earth' position; it willfully ignores the well-established therapeutic properties associated with the plant and it ignores the laws in 26 states recognizing marijuana's therapeutic efficacy," he said.

He wasn't the only one.

"It's really sad that DEA has chosen to continue decades of ignoring the voices of patients who benefit from medical marijuana," said Tom Angell, chairman of Marijuana Majority. "President Obama always said he would let science -- and not ideology -- dictate policy, but in this case his administration is upholding a failed drug war approach instead of looking at real, existing evidence that marijuana has medical value. This unfortunate decision only further highlights the need for Congress to pass legislation curtailing the ability of DEA and other federal agencies to interfere with the effective implementation of state marijuana laws. A clear and growing majority of American voters support legalizing marijuana outright and the very least our representatives should do is let states implement their own policies, unencumbered by an outdated 'Reefer Madness' mentality that some in law enforcement still choose to cling to."

Given that the DEA and the executive branch have proven -- once again! -- unwilling to remove the ideological blinders from their eyes, it is now indeed up to Congress. Perhaps after this coming election cycle, in which we are likely to see more states vote to approve medical marijuana and even more vote to just legalize it, Congress will see the writing on the wall.

Washington, DC
United States

Chronicle AM: Gallup Finds MJ Users Nearly Double in Three Years, MO MedMJ Fights On, More... (8/8/16)

A Gallup poll shows a dramatic increase in admitted marijuana use by adults, a Barna poll shows little support for drug prohibition, Garden State needle exchanges are scrambling for money after their funding was vetoed, and more.

Marijuana use is becoming more acceptable. (Darren Frisby Harris/Drug Policy Alliance)
Marijuana Policy

Gallup: Number of American Adult Marijuana Users Nearly Doubles in Three Years. A new Gallup poll reports that the number of people who smoke pot has nearly doubled since 2013. That year, 7% of adults said they were current marijuana users; this year, the number jumped to 13%. It's not clear whether or to what degree the reported sharp increase is attributable to an actual increase in regular marijuana users or whether it's because people are more willing to admit their pot use in an era of growing acceptance of marijuana and spreading legalization of the herb.

Medical Marijuana

Missouri Initiative Campaign Asks Court to Overturn Invalidated Signatures. New Approach Missouri announced Monday that it will go to court this month to overturn invalidated signatures so that its medical marijuana initiative can appear on the November ballot. The campaign has enough valid signatures to qualify in every congressional district except the state's second, where local election officials invalidated more than 10,000 signatures, leaving the campaign roughly 2,200 short of the 32,337 required in that district.

Drug Policy

Poll: Only One-Third Thinks All Drugs Should Be Illegal. A new poll from Barna, a firm that surveys on religious issues, finds that only 32% of respondents think all drugs should be illegal. Some 40% think hard drugs should be illegal, but not marijuana, while another 13% think all drugs should be legal and regulated and another 3% believe all drugs should be legal and should not be regulated. If you add those all up, it's 56% for marijuana legalization and 16% for legalizing all drugs.

Harm Reduction

New Jersey Needle Exchanges Are Strapped for Cash. The operators of the state's five needle exchange programs have launched an online fundraising drive this week with a GoFundMe account after a one-time federal grant has run out. Lawmakers had allocated $95,000 to cover program costs, but Gov. Chris Christie (R) line item vetoed that funding in June. "Our governor claims to be fiscally conservative and pro-life. So, how is it that he refuses to fund a simple, inexpensive, effective intervention that saves lives at significantly lower cost than the cost of medical care after a person has been infected with HIV or Hepatitis C or both?" said Diana McCague, the founder of the first underground needle exchange program in the mid-90s called The Chai Project. "Can it be that he's willing to risk the lives of human beings because they use drugs? I think 'pro-life' means pro-all-life."

Chronicle AM: WA Legal MJ Sales Top $1 Billion, AR Welfare Drug Testing Flop, More... (8/5/16)

Arizona legalizers fight a lawsuit aimed at knocking them off the ballot, Washington rakes in the tax revenue from legal pot, asset forfeiture is in the news in California and New York, and more.

Arkansas forced 800 welfare applicants to do drug screens, one came up dirty. (Wikimedia/Creative Commons)
Marijuana Policy

Arizona Legalization Campaign Wants Lawsuit Tossed. The group behind the state's legalization initiative has asked a judge to throw out a lawsuit filed by foes seeking to keep the measure off the November ballot. The Campaign to Regulate Marijuana Like Alcohol argued that the effort is more about politics and ideology than ensuring state law is followed. Foes argued that the ballot measure's summary language does not describe everything the initiative would do. Both sides will be in court a week from today.

In Face of Uproar, Oregon US Attorney Drops Federal Marijuana Charge Against Teen for One Gram of Weed. Rather than prosecute Devontre Thomas, 19, for possession of a gram of marijuana, federal prosecutors have agreed to enter him into a pretrial diversion program. The move comes after Oregon elected officials said the prosecution was overkill.

Washington State Sees Legal Marijuana Sales Push Past Billion Dollar Mark. After a sharp jump in adult sales last month as medical dispensaries were shut down, the state has now seen pot sales edge past a billion dollars, if revenue from processors and producers is included. The state has collected $273 million in excise taxes on the sales since they began two years ago.

Asset Forfeiture

California Asset Forfeiture Reform Bill Set to Move After Compromise. After discussions with law enforcement groups, state Sen. Holly Mitchell (D-Los Angeles) has amended her asset forfeiture reform bill, Senate Bill 443, so that only property seizures worth less than $40,000 would require a criminal conviction before permanent seizure. Seizures higher than that amount would not require that standard of proof. Mitchell said the compromise would allow police to preserve their ability to go after large criminal enterprises. The police groups have now dropped their opposition to the bill.

NYPD Sued for Failure to Release Asset Forfeiture Data. NYPD collected more than $6 million in asset forfeiture revenues in 2013, but is ignoring records requests for information on how it collects and distributes the cash it seizes, according to a lawsuit filed Thursday by a legal aid group representing low-income people. The group, Bronx Defenders, had submitted a public records request nearly two years, but NYPD has been unresponsive, the lawsuit alleges.

Drug Testing

Arkansas Welfare Drug Test Program Finds Hardly Any Drug Users. According to data released this week by the Department of Workforce Services, exactly one welfare applicant out of 800 has failed a drug test. Another four refused to take it, rendering them temporarily ineligible for benefits. All five taken together constitute 0.63% of welfare applicants. The one failed drug test means 0.125% of all applicants tested positive. Arkansas and other states that have enacted such laws have done so on the unspoken assumption that welfare applicants are using drugs at the taxpayers' expense, but, once again, that has proven not to be the case.

Chronicle AM: UN Agencies Condemn Philippine Killings, Huge Danish Consumption Room Opens, More... (8/4/16)

UN drug agencies join civil society in condemning Philippine drug war killings, the world's largest drug consumption facility opens in Copenhagen, the California marijuana legalization initiative sues to have "false and misleading" ballot arguments removed, and more.

The Copenhagen drug consumption room covers a thousand square meters. (Nanna Gotfredsen, Sune Kehlet)
Marijuana Policy

California Prop 64 Campaign Sues to Disallow "False, Misleading" Ballot Arguments. The Prop 64 marijuana legalization campaign filed a lawsuit in state superior court in Sacramento Thursday seeking to have what it calls false or misleading statements submitted by opponents removed from ballot arguments. Ballot arguments appear in the voter information guide. The campaign wants the judge to reject or amend a number of arguments, including one that claims children will be exposed to edibles advertising and one that claims Prop 64 will remove consumer protections, among others. All legal questions around ballot arguments must be settled by August 15.

Medical Marijuana

Arkansas Poll Has Support for Medical Marijuana at 58%. A new poll of likely voters has a healthy majority for medical marijuana, with 58% saying they support it. Voters will have a chance to signal that support at the polls in November, when the Arkansans for Compassionate Care initiative will appear on the ballot. A second medical marijuana initiative, the Arkansas Medical Cannabis Amendment, is still trying to qualify for the ballot and has received an extension to gather more signatures after coming up just short last month.

New Jersey Legislature Passes Bill to Make PTSD a Qualifying Condition. The Senate Tuesday gave final approval to Assembly Bill 457, which would allow people with PTSD to use medical marijuana. The bill now goes to Gov. Chris Christie (R), who has not indicated whether he will sign or veto it.

International

UN Drug Agencies Join Chorus of Critics of Philippines Drug Killings. In a statement Wednesday, UN Office of Drugs and Crime (UNODC) executive director Yuri Fedotov said he joined UN Secretary General Ban Ki-moon in "condemning the apparent endorsement of extrajudicial killings" of alleged drug users and dealers in the country under the new administration of President Rodrigo "Death Squad" Duterte. "[Extrajudicial killing] is illegal and a breach of fundamental rights and freedoms," he said. "Such responses contravene the provisions of the international drug control conventions, do not serve the cause of justice, and will not help to ensure that 'all people can live in health, dignity and peace, with security and prosperity,' as agreed by governments in the outcome document approved at the UN General Assembly special session on the world drug problem," he said. The International Narcotics Control Board (INCB) likewise expressed its concern later the same day. In a written statement, the self-described "quasi-judicial" agency that monitors compliance with the drug conventions wrote that "should these reports prove accurate, this would constitute a serious breach of the legal obligations to which the Philippines is held by the three UN drug control conventions and by the corpus of international legal instruments to which the country has adhered."

World's Largest Drug Consumption Room Opens in Copenhagen. The drug consumption room is 1,000 square meters and includes space for both drug injecting and smoking. It is partially funded by the city of Copenhagen. Users at the site will also be able to engage with medical and social welfare services.

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