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Medical Marijuana Update

Residents of a pair of California counties are fighting back against restrictive ordinances, Arizona rejects some new medical conditions, Illinois sets out draft rules, and more. Let's get to it:

Arizona

Last Friday, Arizona officials declined to add several conditions to the list that qualify for medical marijuana. The Department of Public Health denied petitions seeking approval to use medical marijuana for the treatment of post traumatic stress disorder, depression, and migraines. Director Will Humble said the decision was due to a lack of published data regarding the risks and benefits of using medicinal cannabinoids. The department will accept new petitions January 27 – 31.

California

Last Wednesday, foes of Lake County's medical marijuana ordinance turned in signatures for a referendum to repeal it. Organizers turned in 4,222 signatures, about half again as many as needed to qualify for the June ballot, but they must still be verified. The ordinance, which has been suspended pending the outcome of the referendum, bans cultivation in residential neighborhoods in unincorporated parts of the county. Grows would be allowed outdoors on parcels bigger than an acre, with a maximum of 48 plants on a 20-acre parcel.

Last Thursday, Fresno County activists began a signature gathering drive for a referendum seeking to repeal the county's new ban on cultivation. Organizers need to obtain 20,130 valid voter signatures by February 5.

On Tuesday, Assemblyman Tom Ammiano said he would again work this year to get a medical marijuana bill passed in Sacramento. "This year, I will again have legislation to create a regulatory structure for medical marijuana. Nearly two decades after voters legalized cannabis for those who have a medical need, we still see a chaotic environment of prosecutions, threats and confusing court decisions," he said. "We need to have a regulatory structure to make sure that patients have a safe supply, free of criminal influence. We also need this to ensure that growers are environmentally responsible, and to make sure that medical recommendations are based on real needs, not some doctor's profit motive."

Illinois

On Monday, state officials unveiled draft regulations for the medical marijuana program. They include a $150 fee for a patient to register, fingerprinting at the patient's own expense, and barring anyone with a drug felony from being registered. But it could still be a year before some patients are able to register, and that and other aspects of the draft regs are raising eyebrows among patient advocates.

Michigan

On Monday, new state medical marijuana figures came out. They show that the number of registered patients declined about 5%, from 124,000 in 2012 to 118,000 last year. But the number of providers dropped dramatically, from 50,000 to 27,000, because of changes in state law, prosecutions, and adverse court decisions.

New Mexico

On Tuesday, a Santa Fe doctor filed a complaint against the Medical Cannabis Advisory Board, charging that it overstepped its authority by requiring her to provide patient documentation above and beyond that required by state law. The complaint also alleges that board chair Dr. Steven Rosenberg has a conflict of interest because his practice certifies patients for medical marijuana, making other certifying doctors his economic competitors.

Utah

Last Wednesday, a new poll showed narrow majority support for medical marijuana in the Beehive State. The Salt Lake Tribune poll had 51% in favor. The poll comes after parents of children suffering from seizures gained considerable publicity in their bid to get a bill allowing the importation of high-CBD cannabis oil passed.

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

Chronicle AM -- January 22, 2014

Marijuana, marijuana, marijuana. It sure is generating lots of activity, plus Chris Christie speaks out on the drug war, a major farm organization endorses hemp, and Honduras wants to shoot down drug planes. Let's get to it:

New Jersey Gov. Chris Christie (R) wants to end the "failed war on drugs." (state.nj.us)
Marijuana Policy

Philadelphia City Councilman Will Introduce Decriminalization Bill. City Councilman James Kenney said Tuesday he would introduce a bill that would end mandatory arrests for simple marijuana possession. The bill would allow police to issue a summons requiring a $200 fine and a three-hour drug abuse class instead of arresting violators. Philadelphia DA Seth Williams already doesn't prosecute such cases, instead sending offenders straight to class and giving them the fine. "If the DA is not going to prosecute, there's no reason to arrest," Kenney said.

Wisconsin Legislature Passes Bill to Let Localities Prosecute Marijuana Offenses Even if DAs Don't Want To. A bill, Assembly Bill 164, that would expand municipalities' ability to enforce local marijuana ordinances even if district attorneys decline to prosecute passed the state Assembly Tuesday. It already passed the state Senate last September.

Louisiana Legislators Hear Marijuana Legalization Pitch. Supporters of marijuana legalization told lawmakers Tuesday it could generate tax dollars, provide a cash crop for farmers, shrink jail populations, and bring relief to the sick. The testimony was part of a House Criminal Justice Committee study requested by Rep. Dalton Honore (D-Baton Rouge). No legalization bill has been proposed in Louisiana this year.

Legalization Efforts Coming to Three More Maine Cities. After successfully getting a local legalization initiative passed in Portland, the Marijuana Policy Project said Tuesday it will try to do the same thing in Lewiston, South Portland, and York. The group will attempt to put a marijuana legalization question on ballots in all three municipalities through local citizen petitions. The move is part of a larger effort to legalize marijuana statewide in Maine.

Montana Legalization Advocates Turn Eyes to 2016. Big Sky Country marijuana legalization advocates are halting efforts to put an initiative on the ballot this year, and are instead looking to do so in 2016. An initiative had already been filed and cleared for signature gathering, but "the timing wasn't right," said the Marijuana Policy Project.

Medical Marijuana

Illinois Issues Medical Marijuana Draft Rules, Gets Criticism. The Illinois Department of Public Health Tuesday issued draft rules for the state's medical marijuana program, which set a $150 fee to apply for a patient card, require fingerprinting at the patient's expense for a background check, and bar anyone with a drug felony from getting a card, among other things. Patient advocates criticized the lethargic timeline -- it could take up to a year for some patients to get cards -- the costs imposed on patients, and the background checks. The department is soliciting comment on the draft rules until February 14.

Chicago Ordinance Would Limit Dispensaries to Manufacturing Zones. A proposed ordinance (click on the link) supported by Mayor Rahm Emanuel and Councilmember Edward Burke would restrict the locations of dispensaries in Chicago to manufacturing zones. The Marijuana Policy Project is calling on patients and supporters to attend a Committee on Zoning, Landmarks and Building Standards tomorrow to speak out against the restrictive measure. The meeting starts at 10:00am at city council chambers.

North Carolina Poll Has Solid Majority for Medical Marijuana. A new Public Policy Polling survey sponsored by NORML has support for medical marijuana at 63%, up five points from last year. The poll also found support for legalization growing, but still a minority position. Some 42% of North Carolinians now support legalization, up from 39% last year.

New Mexico Doctor Sues Medical Marijuana Board Over Documentation Requirements, Conflict of Interest. A Santa Fe physician has filed a complaint against the Medical Cannabis Advisory Board, claiming the agency exceeded its authority in requiring patient documentation beyond that required by state law and that the director of the board, Dr. Steven Rosenberg, has a conflict of interest because he reviews patient applications for his own practice.

Hemp

Farm Bureau Calls for Removal of Hemp from Controlled Substances List. At its annual convention in San Antonio last week, the American Farm Bureau Federation passed a policy resolution calling for the repeal of hemp's classification as a controlled substance. The Farm Bureau now joins a majority of leading farming organizations that support hemp farming, including the National Grange, the National Farmers Union, and the National Association of State Departments of Agriculture.

Drug Policy

New Jersey Gov. Christie Calls for End to "Failed" Drug War. In his inaugural address Tuesday marking the beginning of his second term in office, New Jersey's embattled Gov. Chris Christie (R) said the war on drugs needs to end. "We will end the failed war on drugs that believes that incarceration is the cure of every ill caused by drug abuse," he said. "We will make drug treatment available to as many of our nonviolent offenders as we can and we will partner with our citizens to create a society that understands this simple truth: every life has value and no life is disposable."

International

Honduras Passes Law to Shoot Down Drug Planes. Honduran legislators late last week approved a bill that would allow the government to shoot down planes suspected of trafficking drugs. Under the bill, authorities would take progressively more forceful steps to make unidentified aircraft land, although with only the defense minister authorized to order a plane be shot down. The Honduran military shot two small planes in 2012 suspected of carrying drugs, and that led the US to suspend anti-drug radar support for about three months.

Chronicle AM -- January 21, 2014

The war on weed may be beginning to wheeze toward its end, a researcher reports, and legislators continue to introduce bills to help it on its way. Meanwhile, harm reduction down South gets some attention, a bad bill targets medical marijuana-using parents in Michigan, and Bermuda gets a decrim bill, and more. Let's get to it:

Marijuana Policy

Intensity of Marijuana Enforcement Declining, Keith Humphreys Says. Academic marijuana policy watcher and addiction specialist Keith Humphreys reports that even though marijuana use is up -- measured by total days of use nationwide -- the intensity of enforcement -- measured by overall arrests divided by total days of use -- is down by as much as 40%. Humphries attributes it to decriminalization and medical marijuana, but also notes that such policy changes often merely formalize what is already occurring on the ground.

Texas Legislature Will Be Faced With Marijuana Reform Bills Again This Year. Two Democratic Texas legislators say they will reintroduce marijuana decriminalization and medical marijuana bills that have gone nowhere in past sessions. Rep. Harold Dutton Jr. (D-Houston) will try for a fourth time to get a bill to decriminalize the possession of under two ounces passed, while Rep. Eliot Naishtat (D-Austin) will try for the seventh time to get his medical marijuana bill to a House floor vote.

Marijuana Legalization Bill Filed in Oklahoma. State Sen. Constance Johnson (D-Oklahoma City) has pre-filed a marijuana legalization bill, Senate Bill 2116. The bill would legalize possession of up to an ounce and allow for the regulation and taxation of marijuana commerce. The legislative session begins February 3. Here's what she's up against: Mark Woodward, with the Oklahoma Bureau of Narcotics, said, "I've seen it wreck more lives than any other drug."

Medical Marijuana

Michigan Bill Targets Patients Who Are Parents. Republican state Sen. Rick Jones (R-Grand Rapids) has introduced a bill designed to make it easier for the state to remove children from the homes of parents who are medical marijuana patients. Senate Bill 736 would allow judges to inspect parents' medical records to see if medical marijuana use is "appropriate" and, if the judge decides it is not, to order the parent to stop using marijuana or designate him or her an unfit parent. Jones said he introduced the bill after hearing complaints from judges. "They want it clarified that they do have the power, as judges, to consider whether or not there's medical marijuana in the home and that there will be access to children and problems," he said.

Meetings on Hawaii Medical Marijuana Law Coming to Hilo, Pahoa. The Drug Policy Action Group and the Medical Cannabis Coalition of Hawaii are holding meetings later this month in Hilo and Pahoa to provide information and get public input on what's right and what's wrong with the state's medical marijuana law, as well as discussing broader marijuana policy reform. Click on the link for details.

Harm Reduction

North Carolina Harm Reduction Coalition OD Prevention Program Gets Noticed. The North Carolina Harm Reduction Coalition (NCHRC) was crucial in getting comprehensive drug overdose prevention laws passed in Raleigh last year, and now they are getting both results and national notice. Click on the title link to read more and see video from CNN and Fox News Charlotte about the laws and the successful use of naloxone to reverse an overdose.

International

Bermuda Marijuana Decriminalization Bill Filed. A senator from the opposition People's National Party (PNP) has filed a marijuana decriminalization bill in Bermuda. The bill would remove all criminal penalties and sanctions for possession of less than 20 grams of marijuana or hashish. At a Tuesday press conference, bill sponsor Sen. Marc Daniels said, "There appears to be a tidal wave of change taking place with our neighbors to our West and South regarding cannabis and cannabis usage. Some US States are making cannabis legal for both medicinal purposes as well as recreational use. The question is whether Bermuda wants to wait until all of our neighbors make changes, or will we be bold enough to chart a new destiny and seek new ways of generating revenue; perhaps with an influx of tourists and/or from local taxes and license fees. The possibilities are endless if we only dare to be different and seize the moment as opposed to playing catch up.'

Obama Marijuana Remarks Spur Finnish Debate. President Obama's weekend remarks on marijuana are spurring debate on marijuana law reform in Finland. "The USA is the number one country in the war on drugs, so if it begins legalizing the use of marijuana, it will surely have a major effect on Europe," sociologist Jussi Perala said. "Making marijuana legal in Finland is utopic, but at some stage something should happen about it. In Finland, harsh punishment can be meted out merely for the intention to use drugs," he said.

Chronicle AM -- January 20, 2014

Marijuana law reform bills just keep coming, a most likely unconstitutional food stamp drug test bill gets filed in Georgia, Australian regulators block urine drug testing of state energy company workers, Jamaican legalizers grow impatient, and more. Let's get to it:

Jamaican marijuana users want something to smile about (wikimedia.org)
Marijuana Policy

Marijuana Legalization Resolution Introduced in New Mexico Senate. State Sen. Gerald Ortiz y Pino (D-Bernalillo County) Friday pre-filed Senate Joint Resolution 10, which would amend the state constitution to tax and regulate marijuana use by persons 21 and older. If the bill passes the legislature, the amendment would be placed on the November 2014 ballot for voters to decide.

Indiana Marijuana Decriminalization Bill Filed. State Sen. Karen Tallian (D-Portage) last week introduced Senate Bill 314, which would decriminalize the possession of up to two ounces of marijuana. Similar legislation was defeated there last year.

Medical Marijuana

Arizona Health Department Rejects Adding New Medical Marijuana-Eligible Conditions. The Arizona Health Department last Friday decided not to approve adding post-traumatic stress disorder, depression, and migraines to the official list of debilitating conditions that are treatable by medical marijuana. Director Will Humble said the decision was due to a lack of published data regarding the risks and benefits of using medicinal cannabinoids to treat or provide relief for those conditions. The department will accept new petitions January 27 through 31.

Bill to Undo Virginia's Already Toothless Medical Marijuana Law Filed. Virginia has had a law allowing for the medical use of marijuana on the books for years, but it has never actually been used. Now, a Republican legislator, Delegate Robert Marshall of Manassas, has filed a bill to repeal even that. House Bill 684 (click on the link) was set for a hearing today.

Michigan Medical Marijuana Providers Drop by Half. The number of medical marijuana patients registered with the state declined slightly in 2013, but the number of providers declined much more dramatically, by nearly 50%. The number of patients dropped from 124,000 to 118,000, a 5% decline, while the number of providers dropped from 50,000 to 27,000, according to two annual reports required by the state legislature. The decline in providers is attributed to new laws regulating the industry and adverse court rulings and prosecutions. The state did, however, realize a $6.9 million profit in receipts from fees over program costs, up from a $6.3 million profit in 2012.

New York Poll Has Strong Support for Medical Marijuana. A poll released Monday (see questions 36 and 37) showed strong support for medical marijuana in the Empire State. The Sienna Poll found majority support for the legislature taking action on the issue, while a smaller number of respondents favored Gov. Cuomo's limited pilot program. Only about one out of five respondents wanted medical marijuana to remain illegal and unavailable.

Drug Testing

Georgia Suspicionless Food Stamp Drug Testing Filed. A bill that would require all food stamp applicants to undergo mandatory, suspicionless drug testing was filed last Friday. House Bill 772 is the brainchild of Rep. Greg Morris (R-Vidalia). A similar bill passed the state legislature in 2012, but was put on hold after Florida's mandatory suspicionless drug testing was successfully challenged in the federal courts.

Methamphetamine

Indiana Meth Crackdown Bill Gets Hearing Date. A bill that would make pseudoephedrine a Schedule III controlled substance requiring a prescription and would heighten penalties for some methamphetamine possession and trafficking offenses will have a January 27 hearing. The bill, House Bill 1248 (click on the link), is sponsored by Indianapolis Republican Rep. Ben Smaltz.

International

Vietnam Sentences 30 Drug Traffickers to Death. A court in Quang Ninh province has sentenced 30 people to death in a massive heroin smuggling conspiracy case involving over two tons of the drugs. Dozens of others got prison sentences of from two years to life in the largest drug trafficking trial in Vietnamese history. Vietnam sentenced at least 86 people to death in 2012, but it's unclear how many were drug offenders.

Australia's New South Wales Unions Welcome Drug Test Ban. Unions in New South Wales cheered after the state's Fair Work Commission last week upheld a 2012 decision to block a state-owned energy company from doing drug testing based on urine samples. Such testing, which measures off-duty drug use (as opposed to on-the-job impairment), is "unjust and unreasonable," the commission said, ordering the company to use mouth swab drug tests, which would detect only immediate recent use. "While oral testing accurately identifies recent drug use... urine tests unfairly monitor workers' private lives," Neville Betts, from the Electrical Tr ades Union's NSW branch, said in a statement.

Jamaica Marijuana Reformers Want to Step Up Pressure on the Government to Act. The Jamaican Ganja Law Reform Coalition wants a more aggressive campaign to pressure parliament to act on legalizing marijuana. "We need a young MP to break the party ranks and put forward proposals for more meaningful legislation than the half steps that they are taking," coalition chairman Paul Chang told the opening session of the Cannabis Stakeholders Conference organized by the coalition. Parliament is currently dithering with bills that would decriminalize pot possession and expunge arrest record for marijuana offenses, but that's not enough, coalition members said.

Chronicle AM -- January 17, 2014

Washington's attorney general has dealt a body blow to the statewide legalization of marijuana commerce there, medical marijuana continues to keep state legislatures busy, a New Mexico town and county pay out big time for a horrid anal search, heroin legislation is moving in Kentucky, and more. Let's get to it:

Marijuana Policy

Washington Attorney General Rules Localities Can Ban Marijuana Businesses. In a formal opinion released Thursday, the Washington attorney general's office held that "Initiative 502 as drafted and presented to the voters does not prevent local governments from regulating or banning marijuana businesses in their jurisdictions." The ACLU of Washington said the attorney general's opinion is mistaken and it "will go to court if necessary" to see it overturned, while the state Liquor Control Board, which is charged with implementing I-502 said that the "opinion would be a disappointment to the majority of voters who approved the law."

Marijuana Reforms Will Be on the Legislative Agenda in Louisiana Again This Year. State Rep. Austin Badon (D-New Orleans) has already introduced House Bill 14, which would dramatically lessen the state's draconian marijuana penalties, and further-reaching bills could be forthcoming. The Badon bill passed the House last year before dying in the Senate.

Medical Marijuana

Pennsylvania Medical Marijuana Bill to Get Hearing This Month. State Senate Law and Justice Committee Chairman Chuck McIlhinney (R) said Thursday he had scheduled a public hearing for January 28 on a medical marijuana bill introduced this week. The bill, Senate Bill 1182, is cosponsored by Sens. Daylin Leach (D) and Mike Folmer (R).

Hawaii House Speaker Says State Needs Dispensaries. House Speaker Joe Souki said Wednesday that the lack of places for medical marijuana patients to obtain their medicine was "a gap in the law" that needs to be addressed. That patients can use medical marijuana but have no place to obtain it is "an anomaly," he said. Addressing dispensaries is a "humanitarian" issue, he added.

Utah Poll Finds Narrow Majority for Medical Marijuana. A new Salt Lake Tribune poll has 51% of Utahns supporting medical marijuana, but 67% opposing decriminalization or legalization.

Georgia Poll Finds Narrow Majority for Medical Marijuana. A new InsiderAdvantage poll has 51% of Georgians supporting medical marijuana "in very specific instances, such as in a liquid form to reduce seizures from young children." Some 27% were opposed, and 22% undecided. "The key here is that any legislation must be on a limited basis. That said, Republicans and Democrats both support this legislation by well over 50 percent, while independent voters are close to a majority as well," said Matt Towery, president of InsiderAdvantage and a former legislator.

Heroin

Kentucky Senate Approves Bill to Reduce Overdose Deaths, Increase Trafficking Penalties. The state Senate Thursday approved Senate Bill 5, which would create more treatment beds for heroin users and lengthen prison sentences for heroin and methamphetamine traffickers. A similar version of the bill passed the Republican-led Senate last year, but stalled in the Democratic-led House. The bill would require the state Medicaid program to cover several inpatient and outpatient treatment options for people addicted to opiates, including heroin and prescription painkillers. It also would divert some of the state's hoped-for savings from a 2011 prison sentencing reform package to expand treatment programs. But the bill would also stiffen penalties for people convicted of trafficking in larger quantities of heroin, methamphetamines or both, requiring them to serve at least half of their prison sentences before they are eligible for shock probation or parole.

Search and Seizure

New Mexico Town, County Pay Out Big Time for Forced Anal Searches of Drug Suspect. A Deming, New Mexico, man who was subjected to a hospital anal exam involving three enemas, a colonoscopy, and being forced to defecate in front of police and medical personnel in a fruitless search for drugs will get $1.6 million in damages in a settlement from Deming and Hidalgo County. David Eckert will most likely win additional damages from a local hospital where doctors agreed to perform the exam.

Sentencing

Charles Colson Task Force on Federal Corrections Funded in Federal Spending Bill. The omnibus federal spending bill filed this week and expected to pass quickly includes $1 million to establish the Charles Colson Task Force on Federal Corrections, an independent, bipartisan grouping that will examine a number of challenges facing the federal correctional system, including overcrowding and ways to minimize growth, violence behind bars, rehabilitation, and reentry. Colson was a Nixon administration official jailed in the Watergate scandal who became a prison reformer in the wake of that experience.

International

Spurred by Attorney, Bermuda's Medical Marijuana Debate Heats Up. Attorney Alan Gordon's online petition to have the Bermudan government allow emergency access to medical marijuana for cancer patients has spurred considerable notice on the island, with National Security Minister Michael Dunkley and Gordon publicly clashing over the law and whether Dunkley can act. Click on the link to see Dunkley's comments and Gordon's well-publicized written response.

Vietnam Sentences Three Drug Offenders to Death; Iran Executes Six. And the resort to the death penalty against drug offenders continues. According to the anti-death penalty group Hands Off Cain, three Vietnamese men charged with heroin trafficking got death sentences, while Iran, the world's leading drug offender execution, hung another six.

Senate Majority Leader Harry Reid Supports Medical Marijuana

In a Thursday interview with the Las Vegas Sun, Senate Majority Leader Harry Reid said towns in his home state should not be blocking medical marijuana dispensaries, but should instead be embracing medical marijuana. The Nevada Democrat, while not going as far as embracing marijuana legalization, also had some harsh words about prohibition's current implementation in the US.

Harry Reid
"If you'd asked me this question a dozen years ago, it would have been easy to answer -- I would have said no, because (marijuana) leads to other stuff," Reid told the Sun. "But I can't say that anymore. I think we need to take a real close look at this," Reid went on. "I think that there's some medical reasons for marijuana."

Reid, a 74-year-old Mormon and former boxer and football player, is not known as a cutting edge drug reform type, but he said his opinion on marijuana had evolved over the years, and was informed by both hearing about people it had helped and by actually knowing some, including one young man suffering from severe kidney failure.

"He was so skinny and doing so poorly and somebody told him and his mom, you know, you should smoke some marijuana, because one of the side effects is… you get the munchies, you get extremely hungry," Reid said. "He tried it and sure enough, he was able to eat for the first time, he got hungry. So I thought, you know there might be some medical reasons for taking another look at this."

When the Sun asked Reid about whether Nevada should follow the path of Colorado and Washington and just legalize it, Reid demurred, although he did suggest that law enforcement had better things to do.

"I don't know about that. I just think that we need to look at the medical aspects of it. I guarantee you one thing," Reid said. "We waste a lot of time and law enforcement going after these guys that are smoking marijuana."

Reid's comments were music to the ears of the Drug Policy Alliance.

"Majority Leader Reid is right -- marijuana has medical value and too much time and law enforcement recourses are wasted arresting people for marijuana," said DPA national affairs director Bill Piper. "Twenty states have legalized marijuana for medical use and three-quarters of Americans support it. The 40 senators representing those states should follow Reid's lead and support marijuana law reform. It's time to change federal law to allow states to adopt their own marijuana policies without federal interference."

Chronicle AM -- January 16, 2014

Florida's medical marijuana initiative appears poised to qualify for the ballot (if it survives a challenge in the state Supreme Court), a new poll finds the country evenly split on marijuana legalization, Afghanistan was on the agenda in the Senate yesterday, and more. Let's get to it:

harvesting opium poppies in Afghanistan (unodc.org)
Marijuana Policy

ABC News/Washington Post Poll Has Americans Split on Marijuana. A new ABC News/Washington Post poll has support for marijuana legalization nationwide at 49%, with 48% opposed. The poll is in the same ballpark as other polls since the November 2012 elections, where support for legalization has ranged between 45% and 58%. Click on the link to see full poll results.

DEA Operations Chief Bemoans Marijuana Legalization Trend. DEA operations chief James Capra told a Senate committee Wednesday that marijuana legalization at the state level was "reckless and irresponsible" and could lead to dire consequences. "It scares us," Capra said, responding to a question. "Every part of the world where this has been tried, it has failed time and time again." [Editor's Note: No country had legalized marijuana until Uruguay did late last year, and that hasn't gone into effect yet. If Capra is referring to Amsterdam, where sales are tolerated, if not technically legal, cannabis coffee shops are now in their fourth decade of existence, and the problems associated with them are relatively trivial.] "There are more dispensaries in Denver than there are Starbucks," he continued. "The idea somehow people in our country have that this is somehow good for us as a nation is wrong. It's a bad thing. This is a bad experiment. It's going to cost us in terms of social costs."

Missouri Marijuana Legalization Petitions Approved for Circulation. Secretary of State Jason Kander announced Wednesday that 13 marijuana legalization initiatives had been approved for signature-gathering. The bakers' dozen initiatives are all variations on a theme: legalize and regulate marijuana in Missouri. They were submitted by Columbia defense attorney Dan Viets, the chairman of the activist group Show-Me Cannabis. To make the November 2014 ballot, organizers must gather 157,778 valid voter signatures for at least one of them by May 4.

Maryland Coalition to Legalize Marijuana Launched. Maryland legislators Thursday launched an effort to get a marijuana legalization bill, the Marijuana Control Act of 2014, passed this year. They were joined at a press conference by members of the newly formed Marijuana Policy Coalition of Maryland, which includes the ACLU of Maryland, Law Enforcement Against Prohibition, the Maryland League of Women Voters, the Marijuana Policy Project, and the Maryland NAACP.

Medical Marijuana

Florida Initiative Campaign Has Gathered 1.1 Million Signatures. The folks behind the Florida medical marijuana initiative, United For Care/Patients United for Freedom, announced Wednesday night that they had gathered 1.1 million signatures, nearly half a million more than needed to qualify for the ballot. While all the signatures haven't been validated yet, organizers are now confident they will pass that hurdle. Now, they have to wait and see if the state Supreme Court is going to allow the effort to move ahead.

Washington Patients, Advocates Speak Out Against Bill That Would Gut Medical Marijuana System. The House Health Committee got an earful from medical marijuana advocates at a hearing Wednesday on House Bill 2149, which would eliminate cultivation cooperatives (and thus, dispensaries) by 2020 and reduce the amount of marijuana patients could possess and the number of plants they could grow. The bill mirrors many of the recommendations of the state Liquor Control Board, which is charged with implementing I-502 marijuana legalization.

Hemp

Indiana Hemp Bill Introduced. State Sen. Richard Young (D-Milltown) has introduced Senate Bill 357, which would allow the Department of Agriculture to license industrial hemp growing and production. The bill requires the department to get necessary approvals from the federal government, which has yet to approve any such production anywhere in the US.

Illinois Hemp Bill Seeks New Life in 2014. State Rep. Kenneth Dunkin (D-Chicago) introduced a hemp bill, House Bill 2668, last year, but it has languished in committee despite picking up some bipartisan support. He said Wednesday that he was cautiously optimistic that opposition may be softening, and the bill could move this year.

Heroin

Maine Heroin Deaths Up Fourfold from 2011 to 2012. The number of heroin overdose deaths in Maine quadrupled between 2011 and 2012, according to numbers released by state officials Wednesday. Officials said the increase was due to tightening restrictions on the use of prescription opiates, a cheap heroin supply, and, possibly, cuts in MaineCare. But while the increase was dramatic, the 28 heroin overdose deaths reported in 2012 is well below the 2005 peak of 43. In the years between 2005 and 2011, heroin deaths declined steadily.

Heroin Prevention Bill Package Passes Wisconsin Assembly. The State Assembly Wednesday passed the HOPE (Heroin Opiate Prevention and Education) package of four bills designed to reduce the number of overdose deaths in the state. Sponsored by Rep. John Nygren (R-Marinette), one bill would allow anyone to use naloxone to reverse overdoses, another would grant legal immunity to drug users who call for help in an overdose emergency, a third would allow communities to establish prescription drug drop-off points, and the fourth would require people to show ID when picking up prescription drugs. The naloxone and legal immunity bills are Assembly Bill 446 and Assembly Bill 447. The package now moves to the Senate.

Kratom

Oklahoma Wants to Ban Kratom, But Meets Resistance. The Oklahoma Bureau of Narcotics wants to ban the Southeast Asian herb kratom, which it calls "the legal form of heroin," but kratom fans are responding with dismay and disputing the narcs' assessment. Kratom is not a controlled substance under federal law, but narc Mark Woodward said he planned to ban it until it is federally proven to have medical benefits. Kratom users have started a petition to challenge efforts to ban Kratom.

Drug Courts

Study Finds Drug Courts Ignore Science When it Comes to Opiate Substitution Therapies. A small study of drug courts in New York state finds that their skeptical approach to opiate substitution therapies (OST), such as methadone and buprenorphine, can be a barrier to successful treatment. "Many courts do not respect medical consensus on scientifically sound treatment standards. Some courts included OST as part of court-mandated treatment options, while others allowed OST for a court-defined period of time as a bridge to abstinence. Still others showed intolerance and even disdain for anything having to do with methadone and buprenorphine, or -- as with the drug court in Albany County -- refused outright to admit people on methadone or buprenorphine treatment," the authors wrote. "Ordering people who are dependent on opioids to get off their prescribed methadone or buprenorphine medicines can force patients to seek out and become dependent on other opioids like prescription analgesics. Addiction to prescription opioids has been recognized as a priority problem by U.S. policy-makers, but drug courts may be exacerbating it."

Search and Seizure

ACLU Sues Border Patrol Over Interior Border Check Point Searches. The American Civil Liberties Union (ACLU) has filed suit against the Border Patrol, claiming its agent routinely violate the constitutional rights of local residents by stopping and searching them at interior checkpoints on highways near the border. In a 1976 ruling, the US Supreme Court ruled that immigration checkpoints were permissible if the stops were brief, involved "a limited enquiry into residence status," and a visual inspection of the exterior of the vehicle. "But that's not what's happening here," said ACLU attorney James Duff Lyall in Tucson. He said the cases mentioned in the lawsuit provide strong indications that the Border Patrol is using the checkpoints for general crime control, "which the courts have said is not acceptable for a checkpoint. The same thing is happening over and over again to many border residents," Lyall said. "They're going on fishing expeditions where there's no reasonable suspicion."

International

Afghan Drug Situation "Dire," Federal Auditor Tells Senators."The situation in Afghanistan is dire with little prospect for improvement in 2014 or beyond," Special Inspector General for Afghanistan Reconstruction John Sopko told the Senate Caucus on International Narcotics Control Wednesday. Poppy cultivation is at record levels and the drug trade now accounts for 15% of Afghan GDP, Sopko said.

US to Help Afghanistan With Drug Problem, State Department Official Tells Senators. At the same hearing mentioned in the story above, Assistant Secretary of State for the Bureau of International Narcotics and Law Enforcement Affairs ("drugs and thugs") William Brownfield vowed the US would remain committed to helping Afghanistan fight drug production and trafficking even after US and NATO troops pull out at the end of this year. "We will continue to ensure our counternarcotics programs are well integrated with broader US efforts, including assistance programs aimed at supporting a vibrant legal economy," he testified Wednesday. "The expanding cultivation and trafficking of drugs is one of the most significant factors putting the entire US and international donor investment in the reconstruction of Afghanistan at risk," he said.

Medical Marijuana Update

Action is really picking up as state legislatures get back into session. Meanwhile, the long battle over regulating medical marijuana in California continues. Let's get to it:

Alabama

On Tuesday, the Alabama legislature began its session with a pre-filed CBD medical marijuana bill. The bill, known as Carly's Law, is named for a Birmingham girl who suffers seizures and would allow for the use of CBD oil for specified medical conditions. It is cosponsored by Reps. Mike Ball (R-Madison), Patricia Todd (D-Birmingham), and Allen Farley (R-McCalla).

California

Last Monday, the city of San Rafael forced a delivery service operating there to shut down. The Caregiver Compassion Group had been quietly doing deliveries since 2011, when it lost its lease in Sausalito, and operated out of a San Rafael office. The city has banned dispensaries since 1997, and a delivery service with an office in the city is apparently close enough for city officials.

Last Thursday, the Los Angeles city attorney said he would step up enforcement against dispensaries operating in violation of Proposition D, which limited the number of dispensaries in the city to 135. City Attorney Mike Feur spoke as his office obtained an injunction against a real estate business that brokered a deal for a medical marijuana dispensary. The city has so far brought 68 criminal cases against unpermitted dispensary operators and property owners.

On Monday, San Jose medical marijuana supporters filed an initiative asking voters to keep dispensaries open in most of the city. City officials have been moving to close down some dispensaries near homes and are preparing to enact sweeping new restrictions on dispensaries. The initiative calls for a minimum of 50 dispensaries, along with the creation of a "cannabis commission" to regulate them. Advocates hope the council simply adopts their measure when it votes on regulations in March, avoiding a ballot box fight. After the city clerk's office approves the ballot title and summary, the Silicon Valley Cannabis Coalition will have until May 16 to gather 20,372 signatures to qualify for the November ballot.

On Tuesday, Butte County supervisors gave initial approval to their tightest cultivation rules yet. Marijuana grows would limited to 50 square feet on parcels of less than 5 acres, 100 square feet on parcels of less than 10 acres, and 150 square feet on parcels greater than 10 acres. The unanimous vote came after more than three hours of testimony in which virtually everyone speaking called for tightening restrictions on growers. The rules face two additional votes, one and the end of this month and one in February.

Also on Tuesday, Lake County supervisors ordered public hearings on regulations for dispensaries and cultivation centers that might open in unincorporated areas of the county. The board directed the Zoning Board of Appeals to conduct the hearings. The board is working from a draft ordinance that would bar medical marijuana operations from doing business near schools, parks, and day care centers, limit signage, and ban edibles.

On Wednesday, the 9th US Circuit Court of Appeals rejected an appeal from dispensaries as well as landlords and customers challenging the federal government's enforcement of federal marijuana laws. The dispensaries had sought injunctions blocking enforcement, but the appeals court shot them down.

Last Wednesday, the East Hartford planning commission award a special-permit application for a dispensary on Pitkin Street. The dispensary, Constitution Care LLC, must still receive approval from the state Department of Consumer Protection, which is expected to grant licenses by next month.

Florida

Last Thursday, a powerful legislator agreed to file a CBD medical marijuana bill after hearing from the families of children who suffer from epileptic seizures. Rep. Matt Gaetz (R-Shalimar), head of the House Criminal Justice Subcommittee, made the vow after the panel heard two hours of testimony from parents who said high-CBD strains helped their children.

On Monday, medical marijuana initiative organizers said they had gathered more than a million signatures. People United for Medical Marijuana needs 683,149 certified signatures to qualify for the November ballot, so they have created a margin of comfort to account for invalid signatures. The campaign must also meet minimum signature numbers in half of the state's 27 congressional districts. The initiative is also before the state Supreme Court, where it has been challenged by Attorney General Pam Bondi (R).

Kentucky

Last Thursday, a House panel held a hearing on medical marijuana. An overflow crowd attended the hearing of the House Health and Welfare Committee where the topic was discussed, even though no particular bill was at issue. But one could be soon. The same day, Sen. Perry Clark (D-Louisville) filed Senate Bill 43, which would legalize medical marijuana.

On Wednesday, the Senate Health and Welfare Committee held a hearing on medical marijuana. The committee chair, Sen. Julie Denton (R-Louisville) said she is only interested in high-CBD cannabis oil. The committee will not vote because it is not addressing a specific bill, even though one such bill, Senate Bill 43, has already been filed.

Minnesota

On Monday, Gov. Mark Dayton (DFL) said he was not ready to allow medical marijuana, but would be open to a study on the issue. "I've said since I ran for office that law enforcement has enough to contend with, and I am not going to support something that has the adamant opposition of law enforcement in Minnesota, and that is still the case," he said."I'd be supportive of funding for an independent, objective study of what other states have done, what have the results been," he said. Then, maybe in 2015, he suggested.

Missouri

On Tuesday, Rep. Rory Ellinger filed a medical marijuana pilot program bill. The University City Democrat introduced House Bill 1324. Click on the link to find it on the legislative web site.

Pennsyvlania

On Tuesday, a bipartisan medical marijuana bill was filed. Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) introduced Senate Bill 1182, marking the first time such a measure has been introduced with bipartisan support.

Washington

On Tuesday, medical marijuana supporters in the legislature filed a bill to protect patient rights and preserve the state's medical marijuana program by establishing a firm regulatory framework for it. House Bill 2233 would provide a clear mechanism for licensing and regulation of commercial businesses, while also preserving a patient's right to grow their own cannabis, both individually and cooperatively. It would also restore vital provisions passed by the legislature in 2011, but later vetoed by Governor Gregoire (D).

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

Chronicle AM -- January 15, 2014

As the legislative season gets underway, bills are being introduced all over the place -- good, bad, and ugly. And there's trouble in Mexico, peace talks in Colombia, and more. Let's get to it:

The FARC are negotiating peace and coca crop reductions in Colombia.
Marijuana Policy

Washington State Bill Would Ban Local Bans on Marijuana Businesses. A bill introduced Tuesday with 10 cosponsors would essentially bar local governments from banning pot businesses by requiring them to cooperate with state regulators in allowing marijuana stores, grows, and processing facilities to operate. Under House Bill 2322, local governments would have to treat licensed marijuana enterprises the same as any other business that attempts to locate within their boundaries. They'd be barred from adopting zoning or other regulations that impede the establishment of pot businesses. Another measure, House Bill 2144, would offer a carrot to localities by giving them 30% of the state's excise tax on marijuana sales.

New Hampshire Governor Would Veto Legalization Bill. New Hampshire Gov. Maggie Hassan (D) said Tuesday that she would veto a pending marijuana legalization bill because she thinks it would send the wrong message to the state's youth. The House is voting on the bill today.

Missouri Marijuana Decriminalization Bill Filed. Rep. Rory Ellinger (D-University City) has filed a bill to decriminalize the possession of small amounts of marijuana. The bill is House Bill 1325. Click on the link to find it on the legislative web site.

Rhode Island Legalization Proponents Form Coalition. And then there was Regulate Rhode Island. Click on the link to check out the new coalition and its web site.

Medical Marijuana

Missouri Medical Marijuana Pilot Program Bill Filed. Rep. Rory Ellinger (D-University City) has filed a bill that would allow for the use of medical marijuana. The bill is House Bill 1324. Click on the link to find it on the legislative web site.

Florida Initiative Campaign Passes Million-Signature Mark. The People United for Medical Marijuana campaign to put a medical marijuana initiative on the November ballot passed the million-signature mark this past weekend, campaign director Ben Pollara said. The group needs 683,000 valid voter signatures to qualify for the ballot -- if the state Supreme Court allows it. The initiative has been challenged by state Attorney General Pam Bondi (R).

Medical Marijuana Bill Filed in Pennsylvania. Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) have introduced a bill to legalize medical marijuana in Pennsylvania. The filing of the bill, Senate Bill 1182, marks the first time such a measure has been introduced with bipartisan support.

Kentucky Senate Committee Holds Medical Marijuana Hearing. The Senate Health and Welfare Committee is holding a public hearing today on medical marijuana, although the committee chair, Sen. Julie Denton (R-Louisville) said she is only interested in high-CBD cannabis oil. The committee will not vote because it is not addressing a specific bill, even though one medical marijuana bill, Senate Bill 43, has already been filed.

Drug Testing

Mississippi Welfare Drug Testing Bill Passes House Committee. A divided House Public Health and Human Services Committee Tuesday approved a bill that would require some welfare recipients to undergo drug tests. House Bill 49 would require new recipients to be assessed to see whether there was a high probability they were using drugs, and if so, to undergo a drug test. It was expected to go to a full House vote today.

Florida Governor Appeals Federal Court Ruling on State Employee Drug Testing. Gov. Rick Scott (R) Monday asked the US Supreme Court to rule on the constitutionality of a drug testing policy aimed at state employees. The 11th US Circuit Court of Appeals last year found the measure unconstitutional. Since taking office in 2011, Scott has made a high-profile issue of requiring drug tests for state employees and welfare recipients. But federal courts have ruled against him on both issues, as opponents have argued that government drug tests violate the Fourth Amendment ban on unreasonable searches and seizures.

Arizona Unemployment Benefits Drug Testing Bill Filed. Republican Reps. Phil Lovas and David Livingston and Republican Sen. Judy Burges have filed a bill that would require people seeking unemployment benefits to undergo drug screening, with drug testing mandated for those who appear likely to be using drugs. The bill, House Bill 2030, is similar to one passed in Texas last year, but put on hold because the federal Department of Labor has yet to determine which professions regularly require drug testing.

International

Colombia's FARC Presents Plan for Reducing Coca Cultivation. Colombia's FARC guerrillas, now in peace talks with the Colombian government in Havana, have presented a plan to reduce coca cultivation. The plan calls for demilitarizing the countryside and suspending aerial spraying of coca crops. Negotiations to end the country's 50-year-old insurgency have been going on for months and will continue.

Mexican Soldiers Meet Resistance in Bid to Disarm Vigilantes. Anti-cartel vigilantes in Michoacan offered up fierce resistance Tuesday as soldiers began trying to disarm the groups, which have taken control of a number of towns in the agricultural west-central Mexican state. Vigilantes said four people were killed in confrontations with the army; the army said one. The vigilantes said they would not give up their weapons until the government arrested top leaders of the Knights Templar cartel, which is based in the state and headquartered in the town Apatzingan. Vigilantes have taken several villages on its outskirts.

Turin Approves Medical Marijuana, Challenges Harsh Italian Drug Laws. The city council in the northern Italian city of Turin Tuesday approved a measure allowing for medical marijuana and rejecting a 2006 Italian law that undid the legal distinction between "soft" and "hard" drugs. The medical use of marijuana has been already allowed in some Italian regions like Liguria, Tuscany and Veneto, but the recreational consumption of the drug is still taboo there. Turin's move could spur more movement toward allowing recreational marijuana use.

Bermuda Activist Starts Online Petition for Medical Marijuana. Marijuana reform activist and attorney Alan Gordon has started an online petition asking Public Safety Minister Michael Dunkley to allow emergency medical cannabis permits for cancer patients with a doctor's recommendation. Gordon says that Bermuda's drug law allows the minister to make case-by-case exceptions to the general ban on marijuana. He also wants the minister to publish rules for making applications for a waiver.

Chronicle AM -- January 14, 2014

Lots of activity on the marijuana and medical marijuana fronts today, and an academic study casts doubt on the utility of student drug testing. Let's get to it:

Marijuana Policy

DC Decriminalization Bill Gets Committee Vote Tomorrow. A bill that would decriminalize the possession of small amounts of marijuana goes for a vote before the city council's Judiciary and Public Safety Committee Wednesday. It is expected to pass. The measure is also expected to get through a vote of the full council later.

Pennsylvania NAACP Backs Away from Legalization. The president of the Pennsylvania NAACP said Monday that even though one state branch supported marijuana legalization last year, that support was "illegal" and didn't reflect the state group's position. The Cheltenham branch had supported a legalization bill introduced by Sen. Daylin Leach (D-Montgomery County), but state NAACP head Jerome Mondesire said that was a no-no. "That can't be done locally," he said. "They've been asked to back away from it and they have."

Colorado Marijuana Possession Cases Dropped Big-Time After Legalization, But Didn't Disappear. Figures from the Colorado judiciary show that marijuana-related cases dropped 77% between 2012 and 2013, and the number of simple possession cases has dropped from 714 a month in the first part of 2012 to just 133 a month a year later. Possessing less than an ounce of marijuana only remains illegal for people under 21.

Wyoming Marijuana Legalization Initiative Filed. Activists with Wyoming NORML last week filed a proposed initiative with state officials that would allow medical marijuana patients to grow 12 plants and let all Wyoming adults 21 and over possess marijuana for personal use. Organizers are aiming at the 2016 ballot. The proposed initiative would decriminalize recreational use and public displays of 3 ounces or less of marijuana.

Project SAM to Help Fight Legalization in Alaska. Project SAM, the anti-marijuana legalization group headed by former Congressman Patrick Kennedy (D-RI) and former drug czar's office employee and media go-to guy Dr. Kevin Sabet, will assist local efforts to defeat a proposed marijuana legalization initiative. The initiative has handed in signatures and awaits signature verification. Sabet said Monday he had been asked by a "handful of leaders" to help fend off legalization. Sabet also repeated his favorite frightening refrain -- that legalization would not lead to regulated marijuana sales, but to "Big Marijuana," supposedly something akin to Big Pharma or Big Tobacco.

Medical Marijuana

San Jose Dispensary Initiative Filed. California's third largest city (sorry, San Francisco) could see a popular vote to block a ban on dispensaries after activists filed an initiative Monday with city officials. City officials have been moving to close them down, but initiative backers hope to get enough signatures to qualify the measure for the November ballot. The city has been sending "cease and desist" letters to dispensaries and is set to vote on an ordinance that would effectively ban them in 99% of the city. The initiative would set a minimum of 50 dispensaries for the city. Organizers need 20,372 valid voter signatures by May 16 to qualify.

Alabama Medical Marijuana CBD Bill Filed. The Alabama legislative session begins today, and a medical marijuana bill awaits. The bill, House Bill 104, was pre-filed last week and is sponsored by Reps. Mike Ball (R-Madison), Patricia Todd (D-Birmingham), and Allen Farley (R-McCalla). It would provide a medical necessity defense for people seeking to be treated with cannabidiol (CBD).

Minnesota Governor Not Ready for Medical Marijuana, But Open to Study. Minnesota Gov. Mark Dayton (DFL) said Monday he is not ready to allow medical marijuana in the state, but would be open to a study on the issue. "I've said since I ran for office that law enforcement has enough to contend with, and I am not going to support something that has the adamant opposition of law enforcement in Minnesota, and that is still the case," he said. "I'd be supportive of funding for an independent, objective study of what other states have done, what have the results been," he said.

Key Supporter Says New York Medical Marijuana Bill Not Ready for Senate Vote. State Sen. Diane Savino (D) said Monday that a pending medical marijuana bill "isn't ready" for a Senate vote. Medical marijuana bills have repeatedly passed the Assembly, only to be blocked in the Senate, which is controlled by Republicans and a handful of independent Democrats, including Savino. "We're not playing politics with this issue," Savino said. "There are patients whose lives are being affected by this issue. We're going to build support for this the way we build support for everything else. There is sufficient support in both conferences." But, she added, "...You can't force a bill to the floor until the bill is ready. The bill will be ready when I let you know it's ready."

Washington State Bill Would Protect Medical Marijuana Patients, Program. In the wake of legalized marijuana under I-502, medical marijuana supporters have filed a bill, House Bill 223, to keep some key medical marijuana provisions from being swept away in the legalization tide. The bill would provide a clear mechanism for licensing and regulating dispensaries and preserve patients' rights to grow their own medicine. I-502 legalized sales and possession of marijuana, but not home growing, and there have been some efforts within officialdom to wipe out or reduce personal cultivation for patients as well under its rubric. (The bill was not up on the legislative web site as of Tuesday.)

Drug Testing

Study Finds Student Drug Testing Ineffective; Positive School Environments Better. A study published in the January issue of the Journal of Studies on Alcohol and Drugs has found that school drug tests don't deter kids from smoking marijuana, but that creating a positive school environment may be more effective. Researchers tracked students from schools with and without drug testing policies and found no significant differences in the likelihood that students would try marijuana. "Even though drug testing sounds good, based on the science, it's not working," said study author Daniel Romer, of the University of Pennsylvania Annenberg Public Policy Center.

International

Kazakhstan MP Wants Marijuana Farms Leased to Pharmaceutical Companies. A Khazakh member of parliament -- who also just happens to be the president's daughter -- has suggested leasing broad swathes of land currently using for illicit marijuana farming to major pharmaceutical companies. MP Dariga Nazarbayeva suggested to parliament that "We review our attitude to cannabis." The interior minister, Kalmukhanbet Kasymov, appeared receptive, saying, "You can't just seal off 140,000 hectares of land. Cannabis is spreading across our country." Decades of eradication efforts in Kazakhstan have proven ineffective.

Drug War Issues

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