Marijuana Policy

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Chronicle AM: CA Forfeiture Bill Advances, 9th Circuit Blocks DOJ MedMj Meddling, More... (8/16/16)

California is moving to reform its civil asset forfeiture system, a federal court has told the Justice Department it can't spend funds to prosecute state-compliant medical marijuana businesses, and more.

The federal courts have sent a strong signal to the DOJ when it comes to medical marijuana states: Butt out! (Creative Commons)
Medical Marijuana

Federal Appeals Court Blocks DOJ From Going After Medical Marijuana in States Where It Is Legal. The 9th US Circuit Court of Appeals ruled Tuesday 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.

Maryland Names 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.

Asset Forfeiture

Bipartisan Asset Forfeiture Reform Bill Passes California Assembly. Civil asset forfeiture reform legislation authored by Senator Holly Mitchell (D-Los Angeles) and David Hadley (R-Torrance) passed the Assembly Floor by a 67-7 vote Tuesday. The bill has already passed the Senate, but must now go back for a concurrence vote. The The bill will require that in all cases where law enforcement seize cash under $40,000, that there be a conviction in the underlying criminal case, before that money flows to law enforcement coffers. The same protection would be afforded homes, land, and vehicles, regardless of value. Under current law, there is not such protection for cases sent into the federal system, and the current threshold for cash in state law is $25,000, established in 1994. The measure is Senate Bill 443.

It's Official: Five States Will Vote on Marijuana Legalization in November [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Arizona Secretary of State Michele Reagan last week certified a marijuana legalization initiative for the November ballot, setting the stage for a national election that will see the issue go directly to the voters in five states, including California, the nation's most populous.

Four states have already legalized marijuana at the ballot box, Colorado and Washington in 2012 and Alaska and Oregon in 2014. The District of Columbia also legalized marijuana -- but not commercial sales -- in 2014.

But those states combined only have a population of about 17 million people. Winning California alone would more than double that figure and winning all five states would triple it. If all five states vote for pot, we could wake up on November 9 with nearly a quarter of the nation living under marijuana legalization.

And that could finally lay the groundwork for serious progress on ending federal marijuana prohibition. With national opinion polls now consistently reporting majorities for pot legalization, public sentiment is shifting in favor of such a move, and if voters in these five states actually do legalize it, that sentiment will have been translated into political facts on the ground. Congress may finally begin to listen.

Still, it's not a done deal. Voters have to actually go to the polls and vote. But all five initiative campaigns are well-funded, increasingly with marijuana industry money and are in a position to significantly outspend the organized opposition. They also start from a generally favorable polling position, with leads in most of the states. And they can now point to the examples of the earlier legalization states, where, despite dire prediction, the sky has not fallen, and state treasuries are growing fat with pot fee and tax revenues.

Of the five states that will take up legalization in November, four have initiative campaigns organized under the imprimatur of the Marijuana Policy Project, whose "Regulate Marijuana Like Alcohol" campaign proved so successful in Colorado. California is the one exception, with its initiative written by a group around tech billionaire Sean Parker and heavily influenced by the recommendations of the Blue Ribbon Commission on Marijuana Policy led by Democratic Lt. Gov. Gavin Newsom.

Here are the five states and their initiatives:

1. Arizona -- Proposition 205. Sponsored by the Arizona Campaign to Regulate Marijuana Like Alcohol, the initiative would allow people 21 and over to possess up to an ounce of marijuana and grow up to six plants "in an enclosed, locked space within their residences." It would also create a state agency, the Department of Marijuana License and Control, to oversee legal, licensed marijuana commerce, but would limit the number of marijuana retail shops to one-tenth the number of liquor store licenses, which would be fewer than 180. The measure would allow localities to regulate or ban pot businesses, and it would impose a 15% excise tax on retail sales, with 80% of revenues earmarked for schools and 20% for substance abuse education. The measure does not allow for public use and does not remove existing penalties for possession of more than an ounce or six plants. That means possession of 28 grams is legal, but possession of 29 grams is a felony. The measure does not provide employment rights for marijuana user and it does not change the state's bizarrely strict drugged driving law, which criminalizes the presence of inactive marijuana metabolites, but does not require actual impairment to be proven.

The campaign has raised $2.2 million so far and may need to spend every cent to win. An April poll had Arizonans rejecting legalization 43%-49% and a July poll had legalization losing 39%-52%. Those numbers are going to be tough to overcome, but with normally rock-ribbed red state Arizona shifting to battleground state status this wacky election year, the state could be a pleasant surprise come Election Day.

2. California -- Proposition 64. The Adult Use of Marijuana Act (AUMA) initiative sponsored by Yes on 64 would allow people 21 and over to possess up to an ounce of marijuana and grow up to six plants, keeping the fruits of their harvest. It would also allow the unregulated gifting of up to a quarter-ounce of marijuana. The measure would also allow for licensed on-site marijuana consumption, or "cannabis cafes." It would allow for legal marijuana commerce regulated by a new Bureau of Marijuana Control, which would replace the existing Bureau of Medical Marijuana Regulation, and would impose a 15% retail sales tax and a $9.25 per ounce cultivation tax imposed at the wholesale level. In a nod to the state's existing ma-and-pa pot growing industry, the measure would license "micro-grows" (under 10,000 square feet), but would not allow "mega-grows" (more than ½ acre indoors or 1 acre outdoors) until 2023 at the earliest. Most remaining criminal offenses around marijuana would be reduced from felonies to misdemeanors. Cities and counties could opt out of marijuana commerce, but only by a vote of residents, and they could not ban personal possession or cultivation. The measure provides no employment protections for consumers and does not change existing impaired driving laws.

The campaign has raised $7.1 million so far, including $1.5 million from Sean parker, $1 million from Weedmaps founder Justin Hartfield, and significant contributions from the Marijuana Policy Project and Drug Policy Action, the campaign and lobbying arm of the Drug Policy Alliance. Fundraising is far exceeding the organized opposition, but in a state with a huge population and massive media markets, the campaign will need to double or even triple what it has raised so far.

The polling numbers are looking good, too. A February Probolsky Research poll had support for legalization at 59.9%, while a May Public Policy Institute of California poll echoed that with support at 60%. And the trend is upward -- the same Public Policy Institute of California poll had support at only 54% last year. California should go green on November 8.

3. Maine -- Question 1. Sponsored by the Maine Campaign to Regulate Marijuana Like Alcohol, the measure would allow people 21 and over to possess up to 2 ½ ounces of marijuana, six flowering plants, and 12 immature ones. People could also give up to 2 ½ ounces or six plants to other adults without remuneration. The measure would allow legal marijuana commerce regulated by the Department of Agriculture, Conservation and Forestry, with a 10% retail sales tax. The measure would also allow for on-site consumption, or "cannabis cafes," but would require that all pot purchased at such facilities be consumed there. Localities could regulate or ban commercial marijuana facilities.

Campaign supporters have only raised $692,000 so far, but Maine is a small state with a low population and isn't going to require millions to run a campaign. As in other initiative states, Maine opponents are trailing badly in fundraising, but will probably get some financial assistance from the prohibitionist Smart Approaches to Marijuana, which has vowed to put $2 million into the effort to defeat the five initiatives. Most of that money won't be going to Maine, though.

The polling numbers so far are encouraging, with a March MPRC poll showing 53.8% support and a May Critical Insights poll coming in at 55%. Those numbers aren't high enough for campaigners to rest easy, but they do suggest that victory is well within reach.

4. Massachusetts -- Question 4. The measure sponsored by the Massachusetts Campaign to Regulate Marijuana Like Alcohol would allow people 21 and over to possess up to an ounce of marijuana in public or 10 ounces at home, as well as allowing the cultivation of up to six plants and the possession of the fruits of the harvest. It would allow legal marijuana commerce regulated by a Cannabis Control Commission, and it includes a provision that would allow on-site consumption at licensed facilities, or "cannabis cafes." Localities would have the option of banning legal marijuana commerce enterprises. The measure would impose a 3.75% excise tax in addition to the state's 6.25% sales tax, making an effective tax rate of 10%. Localities could add local taxes of up to 2%, but they certainly couldn't collect them if they didn't allow marijuana businesses to operate. There are no employment protections for pot smokers, and the state's drugged driving laws would remain unchanged.

Will Massachusetts go green this year? It will be a nailbiter
Funding looks to be lagging in the Bay State, where supporters have only raised $500,000, less than in Maine, which has a significantly smaller population. Organized opposition in the form of the Campaign for a Safe and Healthy Massachusetts may be the strongest of any of the five states this year, with the governor, the mayor of Boston, and other leading public officials on board.

The polling suggests this will be a very tight race. A July 2014 poll had the state evenly split, with 48% supporting legalization and 47% opposed, and polling from last year was showing slight majorities for legalization. But a May poll had only 43% support, with 45.8% opposed, and a July poll had legalization at 41%, with 50% opposed.

5. Nevada -- Question 2. Sponsored by the Campaign to Regulate Marijuana Like Alcohol in Nevada, the measure would legalize the possession of up to one ounce by people 21 and over and would allow people to grow up to six plants -- but only if they live more than 25 miles from a retail marijuana store. The measure also creates a system of licensed marijuana commerce to be overseen by the state Department of Taxation. The measure would impose a 15% tax on wholesale marijuana sales, and retail sales would be subject to already existing sales taxes. The measure contains no provisions for on-site cannabis consumption, does not alter existing impaired driving laws, and does not provide employment rights for pot smokers.

The campaign has raised more than $1 million so far, including $625,000 from people in the marijuana industry. But it also faces significant opposition in the person of conservative money-bags Las Vegas casino magnate Sheldon Adelson, who gave $5 million to the campaign to defeat the 2014 Florida medical marijuana initiative. Adelson hasn't so far kicked in directly to defeat Question 2, but he has bought the state's largest newspaper, the Las Vegas Review-Journal, and flipped its editorial position from supporting legalization to opposing it.

Polling on the initiative campaign is scarce, but encouraging. A KTNV/Rasmussen poll just two weeks ago had the measure winning, 50% to 41%.

And there you have it. Given all the information available, our best estimate is that California is most likely to win, followed by Maine and Nevada. Arizona looks like the toughest nut to crack, followed by Massachusetts. We will know by the time the sun rises on November 9.

Chronicle AM: Thousands March in Berlin, Denver Could See "Cannabis Cafes," More... (8/15/16)

Look for marijuana legalization ads coming to Las Vegas, South Dakota continues to go after marijuana industry consultants, thousands march for pot legalization in Berlin, and more.

Berlin's 20th annual Hanfparade (Hemp parade) took place Saturday. (YouTube)
Marijuana Policy

Nevada Legalization Campaign Prepares $800,000 Ad Buy. The Campaign to Regulate Marijuana Like Alcohol in Nevada has reserved more than $800,000 worth of advertising time slots with major news stations in Las Vegas, where three-quarters of the state's population is. The campaign supports the Question 2 legalization initiative on the November ballot. The ads will run beginning in early October and go through Election Day.

Northern Marianas Legalization Initiative Won't Be on the Ballot. A bill that would have led to a popular vote on marijuana legalization has died in the Commonwealth of the Northern Marianas Islands (CNMI) legislature. Senator Sixto Igi-somar wanted the legislature of the US territory to move on the bill for a popular referendum, but the legislature was "too busy," he said.

South Dakota Indian Tribe Marijuana Consultant Pleads Guilty to Pot Charge. A consultant who worked with the Flandreau Santee Sioux Tribe to establish a marijuana resort after the federal government said Indian tribes were free to do pleaded guilty Monday to a state marijuana charge for receiving marijuana seeds sent from Amsterdam to start the tribe's crop. The tribe tore down the crop over fears the federal government spoke with forked tongue and over threats from the state government, which followed through by indicting two consultants. Consultant Jonathan Hunt is the one who pleaded guilty and agreed to cooperate; consultant Eric Hagen pleaded not guilty, and his lawyer says there is no evidence he ever possessed "even a gram of marijuana."

Denver Cannabis Club Initiative Campaign Hands in Signatures. The Neighborhood-Supported Cannabis Consumption Committee has turned in more than 10,000 signatures for a municipal initiative that would allow for cannabis clubs where people can consume on-site. They only need 4,726 valid voter signatures to qualify for the November ballot.

International

Thousand March for Marijuana Legalization in Berlin. An estimated 5,000 people took to the streets of the German capitol Saturday to call for freeing the weed. It was the 20th annual Hanfparade (hemp parade), and in this one, demonstrators marched under the banner "legalization is in the air." Marijuana is illegal in Germany though possession of small amounts is tolerated by police, and a few hundred people have been given allowances to use it for medical purposes.

New Zealand Poll Shows Strong Support for Marijuana Reforms. A poll commissioned by the New Zealand Drug Foundation finds that nearly two-third of Kiwis want marijuana either decriminalized or legalized. One-third (33%) said legalize it, while 31% said decriminalize it. More than half (52%) said there should also be provisions for people to grow the plant themselves.

Cayman Islands Will Move Forward on Allowing CBD Cannabis Oils. Premier Alden McLaughlin said his government will push through laws to allow the importation and dispensing of CBD cannabis oils, but he warned there are no guarantees patients in the island nation will be able to obtain it. "There are still real and serious practical hurdles to obtaining and importing this drug because it remains illegal in many jurisdictions, including nearby Jamaica," he said.

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.

Medical Marijuana Update

The DEA again rejects marijuana rescheduling, a North Dakota initiative makes the ballot, a South Dakota one doesn't, a Missouri one hangs on by a thread, and more.

National

On Thursday, DEA again refused to reschedule marijuana. 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. 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 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.

Missouri

On Monday, a medical marijuana initiative campaign vowed to go to court to try to overturn invalidated signatures. New Approach Missouri announced 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.

Ohio

On Tuesday, Ohio took the first step toward getting medical marijuana up and running. The state Medical Marijuana Control Program has unveiled a website with the first information on how it plans to implement the state's new medical marijuana law. Medical marijuana will not be available before September 2018, as the state works to develop rules and regulations.

North Dakota

On Tuesday, a medical marijuana initiative qualified for the November ballot. The secretary of state's office has confirmed that Compassionate Care Act initiative has submitted enough valid signatures to qualify for the November ballot. The initiative would allow patients suffering from a list of specified medical conditions to possess up to three ounces of marijuana and grow their own if they are more than 40 miles away from a licensed dispensary. Dispensaries would be nonprofits.

South Dakota

On Tuesday, a state court judge rejected a medical marijuana initiative campaign's appeal. The state will not be voting on the issue this November after a state court judge denied a request from the campaign to overturn Secretary of State Shantel Krebs' finding that the group did not hand in enough valid voter signatures to qualify for the ballot. South Dakota has twice previously rejected medical marijuana at the polls -- the only state to do so.

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

Chronicle AM: DEA Rejects MJ Rescheduling, AZ Legalization Init Makes Ballot, More... (8/11/16)

The DEA is up to the same old same old, Arizona joins the list of states voting on marijuana legalization this fall, heroin overdoses jump in recent years in New York, and more.

Marijuana Policy

DEA Again Refuses to Reschedule Marijuana. 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. 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 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.

Arizona Legalization Initiative Qualifies for November Ballot. It's official: State officials have confirmed that the initiative from the Campaign to Regulate Marijuana Like Alcohol has gathered enough valid voter signatures to qualify for the November ballot. The initiative will appear on the ballot as Proposition 205.

Heroin and Prescription Opioids

Fatal Overdoses Have Jumped in New York City in Recent Years. Fatal drug overdoses have jumped 66% in the city between 2010 and 2015, the city Department of Health and Mental Hygiene Reported Tuesday. Last year, 937 New Yorkers died of overdoses, compared to 541 in 2010. Heroin was involved in 59% of the deaths.

International

Vietnam Sentences Nine to Death for Smuggling Heroin to China. A court in Lang Son has handed out death sentences to nine men for smuggling about 500 pounds of heroin to China. Two others were sentenced to life in prison. Under Vietnamese law, possession or sale of more than 100 grams of heroin is punishable by death.

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: CA Pot Foes Sue Over Prop 64 Language, ND MedMJ Init Qualifies, More... (8/10/16)

It grows quiet in the dog days of summer, but there is still some news: North Dakotans will vote on medical marijuana in November, California pot legalization foes sue over ballot argument language, and more.

Medical marijuana shops could be coming to North Dakota. (Creative Commons/Wikimedia)
Marijuana Policy

California Legalization Foes Sue Over Prop 64 Ballot Language. Opponents of the Prop 64 legalization initiative organized as No on 64 have sued the California secretary of state, alleging that Prop 64 ballot arguments could deceive voters. The group claims the ballot arguments are false and misleading in regard to TV advertising and marijuana delivery services. Last week, Prop 64 supporters also sued, alleging opposition arguments were false and misleading.

Medical Marijuana

North Dakota Initiative Qualifies for November Ballot. The secretary of state's office has confirmed that Compassionate Care Act initiative has submitted enough valid signatures to qualify for the November ballot. The initiative would allow patients suffering from a list of specified medical conditions to possess up to three ounces of marijuana and grow their own if they are more than 40 miles away from a licensed dispensary. Dispensaries would be nonprofits.

International

Philippines' Deadly Anti-Drug Policies Spark Protests. With the death toll from police an vigilante killings of alleged drug users and sellers already climbing into the hundreds just weeks after President Rodrigo "Death Squad" Duterte took office, the public backlash is beginning. On Wednesday, protestors gathered at the Redemptorist Church in Paranaque City to demand an end to the killings.

Chronicle AM: NYC MJ Arrests Rising Again, Dark Web Drug Sales Up Dramatically, More... (8/9/16)

Marijuana arrest numbers are headed in the wrong direction in New York City, Ohio makes a first move toward implementing medical marijuana, New York Sen. Chuck Schumer declares war on new psychoactive substances, and more.

Chuck Schumer wants to play whack-a-mole with K2 and Spice. (LA Dept. of Health)
Marijuana Policy

New York City Marijuana Arrests on the Rise Again. After declining during the first two years of Mayor Bill de Blasio's (D) administration, pot arrests are on the rise again in the Big Apple. The 9,331 people arrested on possession charges in the first half of this year is a 30% increase over the same period last year. That's not good news, but it's still nowhere near as bad as it was under Michael Bloomberg. In 2010, more than 50,000 were arrested for pot; this year, if current trends keep up, it will still be under 20,000.

Medical Marijuana

Ohio Takes First Step Toward Getting Medical Marijuana Up and Running. The state Medical Marijuana Control Program has unveiled a website with the first information on how it plans to implement the state's new medical marijuana law. Medical marijuana will not be available before September 2018, as the state works to develop rules and regulations.

South Dakota Judge Rejects Medical Marijuana Initiative Campaign's Appeal. The state will not be voting on the issue this November after a state court judge denied a request from the campaign to overturn Secretary of State Shantel Krebs' finding that the group did not hand in enough valid voter signatures to qualify for the ballot. South Dakota has twice previously rejected medical marijuana at the polls -- the only state to do so.

New Psychoactive Substances

Sen. Schumer Responds to New Drugs With Old Prohibitionist "Whack-A-Mole" Strategy. Sen. Charles Schumer (D-NY) announced today that he is filing a new bill that would criminalize the chemicals used to make new psychoactive substances such as synthetic cannabinoids ("Spice," "K2"), synthetic stimulants ("bath salts"), and synthetic opioids. "We need a federal hammer to nail these toxic concoctions of synthetic drugs to reverse this troubling trend… This federal legislation will ban 22 synthetic drugs, including powerful forms of fentanyl, crippling the unlawful chemists cooking up these drugs and the cartels that push them to our local stores and streets. Banning these drugs quickly will help the feds step up their game of whack-a-mole so that we can help stem the tide of synthetic drug use here in New York State and across the country."

International

Dark Web Drug Sales Triple Since End of Silk Road. It's been three years since federal authorities shut down the Silk Road dark web drug sales website, but online illicit drug sales have never been higher. Drug sales have tripled since then to somewhere between $12 million and $20 million a month, while revenues have doubled, according to a study published by Rand Corporation Europe. While dark web drugs sales make up only a small fraction of all illicit drug sales, many of the transactions are for more than $1,000, suggesting that drugs are being purchased online for resale on the streets.

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