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Medical Marijuana Update

The Florida initiative is in a close fight, hearings are coming in Hawaii, draft regulations are coming in Maryland, Illinois begins taking medical marijuana business applications, and more. Let's get to it:

California

Last Thursday, a federal judge denied a request from Lake County patients for a temporary restraining order barring the county from carrying out searches and eradications under its Measure N grow rules. US District Judge Thelton Henderson ruled that the claims did not meet the legal standard required for a temporary restraining order, but held that plaintiffs could still seek a preliminary injunction.

Florida

Last Thursday, a new poll had the state medical marijuana initiative coming up just short. A new Florida Decides poll has a majority in favor of the Measure 2 medical marijuana initiative, but not the super-majority needed to pass a constitutional amendment. The poll had support at 57%, but 60% is needed. But the poll also had 17% undecided, and if only a fraction of the undecided break in favor of the initiative, it could win. Another poll earlier this week had support at 64%.

Hawaii

Last Friday, officials announced public hearings on dispensaries. A task force created by the state legislature to address dispensary issues will hold public hearings this week in Hilo and on September 24 in Honolulu. Click on the link for more details and information about how to submit public comments.

Illinois

On Monday, the state began accepting applications for medical marijuana businesses. The state Agriculture Department is now taking applications from people who want to open dispensaries or cultivation centers. There are 22 licenses available for growers and 60 for dispensaries.

Maryland

On Wednesday, the state was waiting for new draft medical marijuana regulations. The Maryland Medical Marijuana Commission was expected to release a second draft of regulations for the state's medical marijuana program today. The first draft came under public criticism last month for, among other things, language that would have barred grows or dispensaries within the Baltimore city limits. That language has been removed. Stay tuned for the actual draft.

New Jersey

Last Friday, a Princeton employee was put on paid leave over his medical marijuana use. Princeton University campus dining manager Don DeZarn, who had been told to choose between his job and his medicine after he began legally using medical marijuana this summer, is now on paid leave as the school attempts to resolve the issue. The problem arose after DeZarn said he might use the drug while at work and school public safety officials raised concerns he could be impaired and might accidentally give a student with food allergies the wrong item (or something).

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

Chronicle AM: House Won't Block DC Decrim, Forfeiture and SWAT on Trial, More (9/10/2014)

The House backs off on DC decrim, Maryland awaits medical marijuana draft rules, asset forfeiture is in the news, so is SWAT, Russia says "nyet" to drug legalization, and more. Let's get to it:

19-month-old Bounkham "Baby Bou Bou" Phonesavanh after a Georgia SWAT team threw a flash-bang grenade into his crib. (family)
Marijuana Policy

House Won't Challenge DC Decriminalization Law. House Republicans yesterday unveiled their continuing resolution for an appropriations bill that includes spending for the District of Columbia, and it doesn't include an amendment adopted by the Appropriations Committee in July that would have barred the District from implementing its recently passed law decriminalizing the possession of small amounts of marijuana.

Colorado Retail Marijuana Sales in July Greater than Medical Marijuana Sales for First Time. The Department of Revenue has reported that July recreational marijuana sales were $29.7 million, compared to $28.9 million for medical marijuana sales. That's the first time recreational sales have surpassed medical sales, which are not subject to the same tax burden on consumers as recreational sales.

Another Poll Finds Coloradans Still Like Their Legal Pot. A new NBC/Marist Poll has found that Colorado's retail cannabis market remains popular among Colorado residents, 55% of whom continue to support the passage and implementation of Amendment 64, the 2012 initiative that legalized taxed and regulated sales to adults. Other recent polls have also showed support hovering in the mid-50s.

Medical Marijuana

Maryland Awaiting New Draft Regulations Today. The Maryland Medical Marijuana Commission was expected to release a second draft of regulations for the state's medical marijuana program today. The first draft came under public criticism last month for, among other things, language that would have barred grows or dispensaries within the Baltimore city limits. That language has been removed. Stay tuned for the actual draft.

Asset Forfeiture

Montana Legislators Plan Asset Forfeiture Reform Bill. Two freshman legislators from Billings, Reps. Daniel Zolnikov (R) and Kelly McCarthy (D) plan to introduce legislation to reform the state's civil asset forfeiture law. The proposed legislation would create a public database on asset forfeiture, require a criminal conviction before forfeiture, protect innocent property-owners from seizures for actions of co-owners, and possibly drop civil forfeiture altogether.

Civil Asset Forfeitures Have Doubled During Obama's Tenure. As part of its ongoing investigative series on asset forfeiture, The Washington Post reports today civil asset forfeitures have more than doubled since President Obama took office. They were at $508 million in 2008, increasing to $1.1 billion last year. Since 2001, police have seized at least $2.5 billion in cash from people never convicted of a crime.

Philadelphia Homeowners Seek Injunction to Block Forfeiture Seizures. A group of homeowners in the city has asked a federal judge to block the city from seizing homes, cars, and other property. The homeowners, who include a couple who lost their home after their adult son sold $40 worth of heroin to an undercover cop, have filed a lawsuit alleging that the city's asset forfeiture practices are unconstitutional. The city conducts more than 6,000 forfeiture actions a year, and local law enforcement is allowed to keep a percentage of the proceeds.

Law Enforcement

Georgia SWAT Raid That Burned Toddler Goes to Grand Jury. A Habersham County grand jury will look into a May SWAT team no-knock drug raid that found neither drugs nor the suspect, but resulted in severe burns and injuries to a 19-month-old toddler when a SWAT team member tossed a flash-bang grenade into his crib. Bounkham "Bou Bou" Phonesavanh was hospitalized for weeks and is still undergoing medical treatment, which the county has so far refused to pay for. DA Brian Rickman said the grand jury will examine both the investigation leading up to the raid and whether anyone should face criminal charges for it. The grand jury goes to work on September 29.

Oregon SWAT Team Arrests Man for Videotaping Drug Raid. Gresham resident Fred Marlow was arrested by police after he refused to stop filming a SWAT raid on a neighbor's home and go inside his own home as ordered. Marlow has uploaded his videotaped exchange with SWAT team members, who accused him of interfering with their operation. When Marlow told police his video was going direct to the cloud, he was then arrested on charges of interference and -- you guessed it -- resisting arrest. Filming in public spaces is not a crime, according to the ACLU, which has a web page on photographers' rights.

International

Key Australian Federal Senator Says Legalize Drugs. Senator David Leyonhelm (LD-NSW) has called for the legalization of both hard and soft drugs as a means of curbing organized crime. He said pot should be sold in supermarkets, while drugs such as cocaine and heroin should be available for purchase from the government.

In Response to Global Commission Report, Russian Drug Agency Rules Out Legalization. Responding to yesterday's release of a new report from the Global Commission on Drugs calling for decriminalization and the regulated sale of drugs, the Federal Drug Control Service said today it rejected the notion, warning that such a move could lead to non-repairable damage to the nation.

Chronicle AM: Philly Decriminalizing, Global Commission Report, Police Militarization Hearing, More (9/9/14)

Philly will decriminalize, the Global Commission on Drugs issues a ground-breaking new report, LEAP's Norm Stamper testifies on police militarization, Jodie Emery runs for parliament, there's medical marijuana news from Europe and South America, and more. Let's get to it:

Marijuana Policy

Opium poppies in Afghanistan. The Global Commission on Drugs would like to see this regulated. (unodc.org)
Philadelphia Will Decriminalize Marijuana Possession. Mayor Michael Nutter announced today that he will sign a municipal ordinance decriminalizing the possession of up to an ounce of marijuana. The city council passed the measure in June, but Nutter had held out for changes that he has now obtained, including requiring court appearances for those caught with pot (but no criminal charges) and, for those caught actually toking up, the imposition of a $100 fine for smoking in public on top of the $25 fine for possession. Decriminalization is expected to go into effect on October 20.

Drug Policy

World Political Leaders Call for Radical New Direction in Drug Policies. In a report released last night and in a New York City press conference this morning, a number of global leaders, including former heads of state, called for drug decriminalization and the regulation of psychoactive drug markets. Those same global leaders are meeting this afternoon with UN Secretary General Ban Ki-Moon and his deputy, Jan Eliasson. These world leaders are members of the Global Commission on Drugs and their new report is Taking Control: Pathways to Drug Policies that Work. Click on the title link for a full report.

Drug Policy Forum of California Publishes 2014 Voters's Guide.The guide covers all candidates for state and congressional office and all local ballot measures concentrating on marijuana- and drug policy-related stances and issues. Click on the link to check it out.

Law Enforcement

Norm Stamper Testifies Before Senate on Police Militarization. Former Seattle Police Chief Norm Stamper, a long-time member of Law Enforcement Against Prohibition (LEAP), testified today before the Senate Homeland Security and Government Affairs Committee on the militarization of law enforcement in the post-9/11 era. Click on the link to read his submitted remarks in full.

Nevada Officials, Lawmakers Call for Careful Review, Revision of Marijuana DUID Law. The state currently has a strict DUID law, meaning the presence of more than 2 nanograms per million of detectable THC in a driver's blood makes drivers "per se" guilty of driving under the influence, but a growing number of lawmakers, prosecutors, and advocates are calling for the legislature to review and possibly revise that law next year. They are looking for some way of measuring marijuana impairment that actually measures impairment, not THC in the blood. Some are holding up California as a model. That state has no legal standard, but instead relies on the judgment of police at the scene. In California, prosecutors can use blood test results as evidence, but must still prove actual impairment.

International

Jodie Emery Officially Files to Run for Canadian Parliament. Jodie Emery, the wife of just released from US prison "Prince of Pot" Marc Emery and an effective activist in her own right, has officially filed for the Liberal Party nomination to run as a member of parliament representing the Vancouver East riding. That seat is currently held by New Democratic Party stalwart Libby Davies, herself an avid drug reformer, and Davies is widely expected to retain the seat.

Italian Army to Grow Medical Marijuana. Italian media are reporting that the Ministry of Health and the Ministry of Defense have agreed that the military will grow medical marijuana at a military-run pharmaceutical factory in Florence. Italy allows for the use of medical marijuana, but there are no legal private growers, leaving patients to obtain supplies abroad and leaving the Italian health care system footing the bill. The move is designed both to cut costs and to ensure that the drug is produced under strict controls.

Chilean Government Approves First Medical Marijuana Farm. The governor of metropolitan Santiago announced yesterday that the county's first medical marijuana production operation had been approved by the Agricultural Livestock Service. The operation will grow marijuana for medical and research purposes and is expected to produce cannabis oil as well. The farm will be sponsored by La Florida, a Santiago municipality, as well as Fundación Daya, "a nonprofit organization whose purpose is to research and promotion of alternative therapies to alleviate human suffering."

World Leaders Call for Regulatory Alternatives to Drug Prohibition [FEATURE]

In a report released last night and in a New York City press conference this morning, a number of global leaders, including former heads of state, called for drug decriminalization and the regulation of psychoactive drug markets. Those same global leaders are meeting this afternoon with UN Secretary General Ban Ki-Moon and his deputy, Jan Eliasson.

These world leaders are members of the Global Commission on Drugs and their new report is Taking Control: Pathways to Drug Policies that Work. The commission's members include former Brazilian President Fernando Henrique Cardoso, former Mexican President Ernesto Zedillo, former Colombian President Cesar Gaviria, former Swiss President Ruth Dreifuss, former UN Secretary General Kofi Annan, Virgin Airlines founder Richard Branson, and more.

The report's executive summary lists a number of policy prescriptions, some of them quite breathtakingly bold:

  • Putting health and community safety first requires a fundamental reorientation of policy priorities and resources, from failed punitive enforcement to proven health and social interventions.
  • Focus on reducing the power of criminal organizations as well as the violence and insecurity that result from their competition with both one another and the state.
  • Take advantage of the opportunity presented by the upcoming UNGASS in 2016 to reform the global drug policy regime.
  • Rely on alternatives to incarceration for nonviolent, low-level participants in illicit drug markets such as farmers, couriers and others involved in the production, transport and sale of illicit drugs.
  • Stop criminalizing people for drug use and possession -- and stop imposing "compulsory treatment" on people whose only offense is drug use or possession.
  • Allow and encourage diverse experiments in legally regulating markets in currently illicit drugs, beginning with but not limited to cannabis, coca leaf and certain novel psychoactive substances.
  • Ensure equitable access to essential medicines, in particular opiate-based medications for pain.

In other words, decriminalize drug possession, legalize and regulate drug markets, and end the failed decades-long embrace of prohibitionism. This is a policy advance from the Commission's initial 2011 report, which, while breaking new ground in advancing the debate of drug prohibition, did not go as far as calling for efforts to regulate and legalize drugs.

Global Commission meeting in Warsaw last year, with four former presidents present. (globalcommissionondrugs.org)
"Ultimately, the global drug control regime must be reformed to permit legal regulation," said Cardoso. "Let's start by treating drug addiction as a health issue -- rather than as a crime -- and by reducing drug demand through proven educational initiatives. But let's also allow and encourage countries to carefully test models of responsible legal regulation as a means to undermine the power of organized crime, which thrives on illicit drug trafficking."

"Health-based approaches to drug policy routinely prove much less expensive and more effective than criminalization and incarceration," said former Mexican President Zedillo. "Decriminalization of drug consumption is certainly crucial but not sufficient. Significant legal and institutional reforms, both at the national and international levels, are needed to allow governments and societies to put in place policies to regulate the supply of drugs with rigorous medical criteria, if the engines of organized crime profiting from drug traffic are to be truly dismantled."

The Commission's report today is only the latest evidence of growing global momentum for fundamental drug policy reforms. After the Commission's 2011 report, sitting Latin American heads of state, including Presidents Juan Manuel Santos in Colombia, Otto Perez Molina in Guatemala, and José Mujica in Uruguay, as well as then-President Felipe Calderón in Mexico, for the first time made drug reform a major topic at the Summit of the Americas in April 2012 in Cartagena, Colombia.

That was followed 13 months later by an Organization of American States report, commissioned by the heads of state of the region, calling for consideration of drug legalization along with other possible scenarios as a potential policy alternative. And late last year, Uruguay broke new ground, becoming the first country in the world to legalize and regulate marijuana commerce.

All of this has created a big push for a new look at global drug prohibition during the UN General Assembly Special Session (UNGASS) on Drugs set for 2016. The last UNGASS, in 1998, was dominated by rhetorical calls for a "drug-free world" and ended with unrealistic goals of suppressing illicit drug production (which, of course, have not been met), but the Commission and the global political leaders whose voices it echoes are working to use the next UNGASS to advance a frankly and radically reformist alternative.

Celebrity Commission member Richard Branson (Wikimedia/David Shankbone)
"We can't go on pretending the war on drugs is working," said Richard Branson. "We need our leaders to look at alternative, fact-based approaches. Much can be learned from successes and failures in regulating alcohol, tobacco or pharmaceutical drugs. The risks associated with drug use increase, sometimes dramatically, when they are produced, sold and consumed in an unregulated criminal environment. The most effective way to advance the goals of public health and safety is to get drugs under control through responsible legal regulation."

American drug reformers liked what they were hearing.

"When the Commission released its initial report just three years ago, few expected its recommendations to be embraced anytime soon by current presidents," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "But that's exactly what happened, with Colombian President Santos and Guatemala President Perez-Molina speaking out boldly, former Mexican President Calderon calling on the United Nations to reassess the prohibitionist approach to drugs, and Uruguayan President Mujica approving the first national law to legally regulate cannabis. Meanwhile, one Commission member, former UN Secretary General Kofi Annan, has opened up the drug policy debate in West Africa, recruiting some of the region's most distinguished figures," he noted.

"The import of the Commission's report lies in both the distinction of its members and the boldness of their recommendations," Nadelmann continued. "The former presidents and other Commission members pull no punches in insisting that national and global drug control policies reject the failed prohibitionist policies of the 20th century in favor of new policies grounded in science, compassion, health and human rights. There's no question now that the genie of reform has escaped the prohibitionist bottle. I'm grateful to the Commission for the pivotal role it has played in taking drug policy reform from the fringes of international politics to the mainstream."

"With polling having shown consistent majority voter support for legalizing marijuana in the US for several years now, it's been clear that this is a mainstream issue in this country," said Tom Angell of Marijuana Majority. "Now this group of world leaders has not only put marijuana legalization on the table for serious consideration on the global stage, but has gone even further by suggesting that ending the prohibition of other drugs should be considered as a way to better protect public health and safety. The hope now is that these forward-thinking recommendations by so many respected former heads of state will encourage current officials to modernize their nations' policies."

The Global Commission on Drugs is showing the path forward to more enlightened drug policies. Now it's up to citizens to push for reform from the bottom up, and it's up to national and international leaders to start making those changes at the national and international level.

New York, NY
United States

Alaska, Oregon, and DC: A Marijuana Legalization Trifecta in 2014? [FEATURE]

Labor Day has come and gone, and the 2014 election is now less than two months away. Marijuana legalization initiatives are on the ballot in two states -- Alaska and Oregon -- and the District of Columbia. For the marijuana reform movement, 2014 is a chance for a legalization trifecta on the way to an even bigger year in 2016, but there is also the risk that losing in one or more states this year could take the momentum out of a movement that has been on a seemingly unstoppable upward trend.

[Editor's Note: There are also local marijuana reform initiatives in several states, a Florida medical marijuana initiative, and a California sentencing reform initiative. The Chronicle will address those in later articles.]

The Initiatives

The Alaska and Oregon initiatives are quite similar. Both envision systems of taxation, regulation, and legal sales, and both allow individuals to grow small amounts of marijuana for their own use. The DC initiative, on the other hand, does not allow for taxation, regulation, and legal sales. That is because of peculiarities in DC law, which do not allow initiatives to enter the domain of taxation. But like the Alaska and Oregon measures, the DC initiative also allows individuals to grow their own.

Alaska Measure 2

The Measure 2 initiative allows adults 21 and over to possess up to an ounce and up to six plants (three flowering). It also allows individual growers to possess the fruits of their harvest even in excess of one ounce, provided the marijuana stays on the premises where it was grown. The initiative also legalizes paraphernalia.

The initiative grants regulatory oversight to the state Alcoholic Beverage Control Board, but gives the legislature the authority to create a new entity, the Marijuana Control Board. In either case, the regulatory authority will have nine months to create regulations, with applications for marijuana businesses to open one year after the initiative becomes effective.

A $50 an ounce excise tax on sales or transfers from growers to retailers or processors would be imposed.

The initiative does not alter either existing DUI laws or the ability of employers to penalize employees for testing positive for marijuana.

The initiative would not interfere with existing medical marijuana laws.

Oregon Measure 91

The Measure 91 initiative allows adults 21 and over to possess up to eight ounces and four plants per household. Individuals can also possess up to 16 ounces of marijuana products or 72 ounces of liquid marijuana products. And individuals can also transfer up to an ounce of marijuana, 16 ounces of marijuana products, or 72 ounces of liquid marijuana products to other adults for "non-commercial" purposes.

The initiative would designate the Oregon Liquor Control Commission to regulate marijuana commerce. The commission would license, audit, and inspect growers, suppliers, and retailers. The commission could set purchase amount limits, which are not specified in the initiative. The commission would have until January 4, 2016 to begin licensing growers, producers, and retailers.

Marijuana sales from producers to processors or retailers would be taxed at a rate of $35 per ounce, $10 per ounce of leaves, and $5 per immature plant. The commission can recommend to the legislature any changes in the tax structure, which would then have to act to enact them.

The initiative does not alter either existing DUI laws or the ability of employers to penalize employees for testing positive for marijuana.

The initiative would not interfere with existing medical marijuana laws.

DC Measure 71

The Measure 71 initiative would allow adults 21 and over to possess up to two ounces of marijuana and six plants, three of which can be mature. Households could grow up to 12 plants, six of which can be mature. Growers can possess the fruits of their harvests. Plants could only be grown indoors.

Adults could transfer up to an ounce to other adults without remuneration. There are no provisions for taxing and regulating marijuana sales because District law forbids initiatives from taking up tax and revenue matters. A bill is pending before the DC city council that would do precisely that.

The initiative also legalizes the sale and possession of pot paraphernalia. It does not change existing DUI law, nor does it "make unlawful" any conduct covered by the District's medical marijuana law.

The Prospects

None of these measures are long-shots at the ballot box, although none appear to be shoe-ins, either. None of the campaigns have made internal polling available, but an Oregon poll this summer had 51% in favor of a generic legalization question, with 41% opposed. A DC poll in January had 63% in favor of legalization.

Alaska is looking a little dicier, at least according to the most recent Public Policy Polling survey, which had the initiative trailing by five points after leading by three points (but still under 50%) in May. But, as we shall see below, there are questions about the reliability of the survey data there.

There are a number of factors other than public opinion that could influence whether these initiatives pass or fail. They include voter turnout in an off-year election, financial support for the campaigns, and the degree of organized opposition.

The Chronicle checked in with a number of national marijuana reform professionals and people involved with the initiatives to get a sense of the prospects, the challenges, and the implications of electoral success or defeat. There is a sense of cautious optimism, tempered with concerns that won't be allayed until the votes are counted.

"All three measures have a great chance of passing, and it'll really be a matter of how well these campaigns get their message out," said Mason Tvert, communications director for the Marijuana Policy Project. "There's also the question of what type of opposition there is, and how well it's funded. I'm familiar with the opposition in Alaska, and it's just more of the same old. They're trying to make marijuana sound as scary as possible, and it's up to those campaigns to make sure voters know it's not so scary."

It's about getting out the message and getting out the vote, Tvert said.

"Typically, the more turnout, the more support for making marijuana legal," said Tvert. "We would expect to see broader support during a presidential election year, but we'll find out if support is strong enough to pass these in an off-year. All these measures can pass, but these campaigns have to get their message out."

The National Organization for the Reform of Marijuana Laws (NORML) has endorsed all three initiatives, not having found anything too objectionable in any of them.

"When you're in the marijuana legalization business, that's what you do," explained NORML executive director Allen St. Pierre. "All three entities involved requested our endorsement, and our board of directors voted unanimously to do so," he explained.

"Oregon and Alaska are very similar, and while DC is the least impactful in what it seeks to achieve, but they all basically move the meter," he said. "If one or all of them pass, they will be seen as a good thing; if we get a full sweep, that will only affirm that we are now in the legalization epoch."

But can marijuana legalization pull off that trifecta this year?

"Alaska looks like it's in the most trouble, but with the caveat that polling there is hard to nail down," St. Pierre said. "That makes it all the more important for reformers to embrace the effort there, send resources, and encourage others to do the same. We're raising money for all three states right now on our web site, and Alaska is getting the least amount of earmarked donations -- and those are coming in from Alaskans. It's the proverbial out of sight, out of mind state, but it's one where you can actually impact an election at relatively low cost."

Frank Berardi of the Alaska Coalition for Responsible Cannabis Legislation had plenty to say about the polling.

"If you look at the polls, it's close, but in that 44% poll, the way they worded the question doesn't even reflect the language of the initiative, and since the question was inaccurate, a lot of people who would have been in support said no," he said. "Also, the age distribution was off -- it was mostly older people who were polled. And if you take the margin of error into consideration, it's a toss-up. It makes me wonder what the results would have been if the poll had been valid."

The coalition is working with the Campaign to Regulate Marijuana Like Alcohol in Alaska to pass Measure 2, but there is something of a division of labor between the two groups, Berardi explained.

"We're partnered with the campaign, but while they're focused on passing this is November, we're focusing on helping to implement the regulatory aspects of the bill," he said. "We've been polling our members about what they want, and we hope to work with the legislature on ensuring the people get what they want."

Still, the coalition isn't just waiting for Measure 2 to pass.

"We're helping out on the campaign, we go to events, we've share a booth with the campaign, we're informing people about the measure and out goals," he said.

People are equally hard at work down in Oregon.

"We are fighting for every vote, and we don’t take any vote for granted, but we feel like we have a really strong case and a growing majority of Oregonians support us," said Peter Zuckerman, communications director for New Approach Oregon, the group behind Measure 91.

"The challenge is going to be turnout," he said. "We really need our voters to register and vote. The polls have us ahead, but we need voters, volunteers, donors -- all the help we can get."

The campaign is getting significant help. It has raised millions in campaign funds and has a $2.3 million TV ad reservation. And it has a well-honed message.

"In Oregon, somebody gets arrested or cited for marijuana once every 39 minutes," Zuckerman said. "Seven percent of all arrests are for marijuana. Treating it as a crime has failed. With a regulated market, police will not be distracted with small marijuana cases. Instead of people buying it on street corners, they can buy it in a regulated marketplace. It's a much better system."

The campaign is also picking up key endorsements. It's won the support of the state's largest and most influential newspaper, The Oregonian, the Democratic Party, and the well-heeled City Club of Portland. It's even won the support of the Oregon State Council of Retired Citizens. (Click here for the complete list of endorsements.)

"Every endorsement helps," said Zuckerman.

"Oregon is going to make it," NORML's St. Pierre predicted, citing polling so far, key endorsements like The Oregonian, and a changing political climate.

"Gov. Kitzhaber has made it clear that if he is reelected and the citizens task him with this, he will faithfully implement it," he said. "Oregon is a state that is environmentally conscious, and he was concerned about energy use. He wanted alternatives to indoor cultivation. But you can set up greenhouses -- safe, water-friendly, criminal-deterring greenhouses. And not only is Kitzhaber keen, Attorney General Ellen Rosenbaum is very supportive. She's probably one of the most progressive attorneys general in the country."

St. Pierre also argued that Oregon pot people are coming around to regulation.

"The industry itself, as in Colorado, seems to recognize that there is a better opportunity for both legitimacy and profits if they embrace legalization, as compared to some brethren in California and Washington who chose to oppose it," he said. "This is the state where voters have been asked the legalization question the most, and I think finally Oregon is going to break out."

A victory in Oregon would carry the most weight, the NORML head said.

"That would move the meter the most. It would be actual sales, taxation, and regulation, and it's not as out of sight as Alaska. And it would cinch up the Pacific Northwest."

And then there's DC.

"DC is kind of symbolic, it's not legalization in the purest sense of the word, but it goes as far as it can under DC law," said St. Pierre. "But it's building in the District, going from medical to decriminalization being almost universally supported, and now building to soft legalization. That will de-incentivize police, they won't have any reason to ask what's in your hand, what's in your pocket."

"I feel like we're in the lead, but I'm very nervous about a well-funded opposition mounting," said Adam Eidinger of the DC Cannabis Campaign, which is leading the charge in the nation's capital. "We have no great war chest and we could be caught flat-footed. I don't want to be overconfident; I would rather have a well-funded campaign to assure victory."

Eidinger said the DC campaign had $50,000 in pending pledged contributions, but less than $2,000 in the bank right now. He said he's had problems raising money not only from advocacy groups, but also from the industry, which also contributes to the advocacy groups.

"I don't think we were on the advocacy groups' schedule," he said, adding that some had also expressed skepticism about whether the measure would ever be implemented even if it won because of possible city council or congressional interference.

"Nonprofits are getting a lot of money from the cannabis industry, but in our case, there is no clear business model for profiting from selling cannabis or having exclusive rights to growing it," Eidinger pointed out. "Even some dispensaries have painted this as a threat to their near monopoly. We do not have aligning interests. Monopolies and price supports don't benefit consumers or anyone except business entities and the government."

The campaign is getting some financial backing from the Drug Policy Alliance, but it needs more help, he said.

"You need to talk to your family and friends and get them to support the campaign with donations, with voter registrations, and as election day volunteers," Eidinger said. "We will be doing a postering blitz, we're planning some mailers, but with less so little money in the bank right now, we need a major influx of cash. We blew everything we could leverage just getting on the ballot."

Three initiatives, three chances to win marijuana legalization victories this year. But the stakes are high, and they go beyond 2014.

"This is the penultimate year, and if we have any losses, our opponents will immediately claim we're losing momentum, that whatever has happened has peaked, and that would be really regrettable," St. Pierre suggested.

"But 2016 is the ultimate year. If California moves forward -- it will likely be joined by Maine or Massachusetts, but California is so important, if it legalizes, America will legalize, and North America will move in the same direction, and so will the European Union," he said. "But if we lose this year, that makes the job in 2016 that much harder. If we lose in Alaska or Oregon, that will provide fodder for the opposition."

MPP's Tvert was a bit more sanguine.

"We're in a position where we will continue to move forward, and it's unlikely we will move backwards," Tvert said. "In Colorado in 2006, people told us we were crazy to run an initiative because we would lose and the state would never legalize marijuana, but public opinion is moving toward ending prohibition, and we expect to see that continue. And even if one or more don't pass this year, we will surely see several pass in the near future."

Chronicle AM: Illinois Taking Medical Marijuana Applications, WaPo Forfeiture Series, NYT on SWAT, More (9/8/14)

Two majors newspapers have special reports on law enforcement related to the drug war, a staunch Kansas Republican says marijuana should be decided by the states -- not the feds -- Illinois is now taking medical marijuana business applications, Britain's Lib Dems are ready to consider drug decrim and marijuana legalization, and more. Let's get to it:

Sen. Pat Roberts (R-KS)
Marijuana Policy

Kansas Republican US Senator Pat Roberts Says Legalization Should Be Up to the States." [Marijuana is] not a federal issue. That's a state issue. If you want to get a Rocky Mountain high, go west. That should be for the Kansas legislature and the governor to decide, not federally," Roberts said during a campaign debate last Saturday. Marijuana Majority's Tom Angell was inspired to respond: "When a conservative Republican senator from Kansas tells the feds to let states legalize marijuana in the middle of a tight race for reelection, it's pretty clear that the days when politicians thought they needed to be as 'tough' on drugs as possible in order to get elected are over. But Sen. Roberts needs to do more than just talk about change. At the very least he should team up with Sens. Cory Booker & Rand Paul on their effort to stop federal interference with state medical marijuana laws."

York, Maine, to Vote on Possession Legalization Initiative. York will be the third Maine community to vote on marijuana reform this year. Organizers for an initiative removing penalties for simple pot possession have handed in enough signatures to qualify for the November ballot. York joins Lewiston and South Portland in voting on the issue this year. Portland, the state's largest city, approved a similar initiative last year.

Los Angeles Event to Mark 100th Anniversary of First "Marihuana" Raid. Cal NORML and the Coalition for Cannabis Policy Reform will host a press conference marking the 100th anniversary of the nation's first "marihuana" raid in LA's Mexican Sonoratown neighborhood on Thursday, September 11 at 10 am on the steps of LA City Hall. And LA NORML will be hosting an "End the 100 Year War on Pot" party on Saturday, September 13. State and local political officials and advocates will address the failed marijuana policy that has cost California billions of dollars in arrest, prosecution and prison expenses; fueled an illegal black market and lined the pockets of violent narcotrafficantes; promoted environmentally damaging trespass grows on public and private lands; and blocked access to useful medicine, all while failing to stem drug abuse in the state and depriving it of billions in tax dollars from a legitimate industry. Click on the title link for more details.

Medical Marijuana

Illinois Accepting Applications for Medical Marijuana Businesses. The state Agriculture Department is now taking applications from people who want to open dispensaries or cultivation centers. There are 22 licenses available for growers and 60 for dispensaries.

Asset Forfeiture

Washington Post Takes on Asset Forfeiture, In an ongoing series of articles, The Washington Post is taking a cold-eyed look at asset forfeiture practices and the law enforcement culture that has grown around them. The article linked to above examines a private intelligence network used by cops across the country to trade information on motorists and help them decide whom to subject to pretextual traffic stops in order to look for loot to seize. There's a lot of dirt in here, and there's more to come as the series continues.

Drug Policy

NFL, Players Union in Drug Policy Talks.The NFL and its players' union are meeting today to try to thrash out new drug policies. Marijuana use is a key topic. The league has been criticized recently for treating pot-smoking offenses by players more seriously than domestic abuse.

Prescription Drugs

Obama Administration Announces Expanded Prescription Drug Takeback Plan. The White House announced today that hospitals, pharmacies and other medical facilities will be authorized to collect unused prescription drugs, a move designed to keep the drugs out of the hands of people who may attempt to abuse or sell them. "We know if we remove unused painkillers from the home, we can prevent misuse and dependence from ever taking hold," said Michael Botticelli, the acting director of the White House Office of National Drug Control Policy. "These regulations will create new avenues for addictive prescription drugs to leave the house and be disposed of in a safe, environmentally friendly way."

DEA Sets Production Limits for Pain Relievers, With Big Increases for Some. In a Federal Register notice posted last Friday, the DEA released a list of dozens of Schedule I and II substances subject to production quotas next year. Twenty-two of the 63 substances will see increases in production quotas next year, including cocaine, codeine, dihydrocodeine, hydromorphone, and ephedrine. The DEA says the changes are based on public comments that quota amounts were "insufficient to provide for the estimated medical, scientific, research and industrial needs of the US." Among substances seeing quota decreases are amphetamine, methamphetamine, and methadone.

Law Enforcement

New York Times Video "Retro Report" Takes on History of SWAT. As part of a video documentary series presented by the Times called Retro Report, the nation's newspaper of record examines the rise of SWAT-style policing, tracing its roots to the turmoil and tumult of the 1960s. Once rare, SWAT teams now appear ubiquitous, whether in big cities or sleepy small towns. They are now under greater scrutiny in the wake of the Ferguson, Missouri, protests, making this report quite timely.

International

British Liberal Democrats to Consider Drug Decriminalization, Legal Marijuana Sales. Britain's Liberal Democrats, the junior partner in a governing coalition with the Conservatives, will consider drug decriminalization and marijuana legalization at their party conference next month. The announcement comes after a party policy paper to be debated at the conference called on the party to "adopt the model used in Portugal, where those who possess drugs will be diverted into other services." The paper also said the party "welcomes the establishment of a regulated cannabis market in Uruguay, Colorado and Washington state. These innovative approaches are still in their infancy and the data that would allow us to examine their impact are not yet available. We will establish a review to examine the impact of these schemes in relation to public health," it said.

Australia's Tasmania Reverses Course, Will Allow Medical Marijuana Trials. Tasmania's governing Liberals will support medical marijuana trials, the health minister told a parliamentary inquiry. The minister, Michael Ferguson, had rejected a bid for trials in the state just weeks ago in July. But now he has changed his tune. "We support appropriately conducted clinical trials, feeding into the existing national medicines regulatory framework," he said. "We will objectively consider any proposal regarding a trial of medicinal cannabis on a case-by-case basis."

Amnesty International Report Says Torture in Mexico Out of Control. Reported cases of torture and mistreatment by police and armed forces in Mexico have increased six-fold in the past decade, according to a new report issued by Amnesty International. The report says much of the increase was driven by the Mexican government's aggressive effort to repress drug trafficking organizations.

Top Albanian Christian Democrat Calls for Marijuana Legalization. The head of Albania's Christian Democratic Party, Zef Bushati, has called for the legalization of marijuana on his Facebook page. "Countries are okay with that," he wrote. "First USA, France and now Italy. It's business. It increases the economic level. I never knew or even imagined that cannabis was cultivated all over Albania. When I knew that I started thinking about those families that needed to feed with this kind of job." Christian Democrats have only one member in the Albanian parliament.

Chronicle AM: OR Init Foes May Be Using Federal Funds, Infamous Anniversary, More (9/5/14)

Are federal funds helping to oppose the Oregon initiative? Earl Blumenauer (D-OR) wants to know. Plus, Hawaii dispensary hearings loom, Charles Bowden dies, and today marks an infamous anniversary. Let's get to it:

George HW Bush and his infamous bag of crack, September 5, 1989 (whitehouse.gov)
Marijuana Policy

Oregon US Representative Calls for Federal Investigation into Use of Public Funds to Oppose Legalization Initiative. Congressman Earl Blumenauer (D-OR) has sent a letter to SAMSHA calling for immediate federal investigation into the possible misuse of federal funds to sponsor the "Oregon Marijuana Education Tour," which is filled with anti-legalization operatives and which comes as Oregonians prepare to vote on Measure 91, the legalization initiative. Click on the title link to read the letter and associated attachments.

Medical Marijuana

Princeton Employee on Paid Leave over Medical Marijuana Use. Princeton University campus dining manager Don DeZarn, who had been told to choose between his job and his medicine after he began legally using medical marijuana this summer, is now on paid leave as the school attempts to resolve the issue. The problem arose after DeZarn said he might use the drug while at work and school public safety officials raised concerns he could be impaired and might accidentally give a student with food allergies the wrong item (or something).

Hawaii Dispensary Task Force to Hold Public Hearings This Month. A task force created by the state legislature to address dispensary issues will hold public hearings next week in Hilo and on September 24 in Honolulu. Click on the link for more details and information about how to submit public comments.

Drug Policy

25 Years Ago Today, George HW Bush Waved a Bag of Crack on TV. Today is the 25th anniversary of President George HW Bush's infamous oval office speech escalating the war on drugs. In that speech, he waved at viewers an evidence bag containing crack cocaine that he warned had been sold in Lafayette Park, just across the street from the White House. Only later was it revealed that the dealer who delivered the crack had no idea where the White House or Lafayette Park were, and that he had to be given directions by DEA agents. Bush used the speech to ask for "more jails, more prisons, more courts, and more prosecutors" to fight the drug war, and largely got them.

Obituaries

Charles Bowden, Chronicler of the Southwest's Drug Wars, Dead at 69. Chronicler of the American Southwest and the brutal violence along the border sparked by Mexico's drug wars Charles Bowden has died in Las Cruces, New Mexico, at age 69. A vivid and evocative writer, Bowden's "Blood Orchid: An Unnatural History of America" achingly described environmental and social alienation in the Southwest (and turned your correspondent on to him), but in the last two decades he focused increasingly on the border and the drug wars. His insightful, critical, and horrifying books on the subject include "Murder City: Ciudad Juarez and the Global Economy's New Killing Fields," "Down By the River: Drugs, Money, Murder, and Family," and "A Shadow in the City: Confessions of an Undercover Drug Warrior." Bowden is gone, but his work remains. Check it out.

International

Austrian Activists Seek Parliamentary Inquiry on Marijuana. Legalize Austria is demanding a parliamentary inquiry into its proposal to remove marijuana from the country's drug laws. The group so far has more than 20,000 signatures on a petition to that effect and is seeking 80,000 more. The move comes as the Austrian Young Greens are also on a legalization campaign.

Chronicle AM: Massive Marijuana Poll, Saudis Behead Four for Drugs, CA Defelonization Init, More (9/4/2014)

Massive marijuana poll has good news, Cornhuskers ponder legalization "problems," another Florida medical marijuana poll is out, a California defelonization initiative quietly advances, another drug war death, Saudis behead four people for drug trafficking, and more. Let's get to it:

Another poll suggests marijuana is becoming normalized. (Sandra Yruel/Drug Policy Alliance)
Marijuana Policy

Massive Online Polling Survey Finds 58% Support for Legalization. The online polling data company CivicScience has released the results of a massive, two-year online poll that asked more than 450,000 US adults whether they would "support or oppose a law in your state that would legalize, tax, and regulate marijuana like alcohol." Some 39% said they strongly supported, and another 19% said they somewhat supported the idea. That's 58% for legalization. Support is even higher in the last three months, with 61% of recent respondents saying they favored legalization. The results are music to the ears of Marijuana Majority head Tom Angell. "This huge poll is yet another indication that marijuana legalization is officially a mainstream issue. With ending prohibition polling better with voters than most elected officials do these days, it'll be really interesting to see which 2016 contenders realize that supporting marijuana reform is good politics and which still don't get it," he said.

Nebraska Legislature to Consider "Problems" of Colorado Marijuana Legalization. Next Monday, the legislature's Judiciary Committee will hear testimony on LR 520, a resolution "to gather information about the developing problems that law enforcement is encountering since the State of Colorado legalized the sale and recreational use of marijuana." The Marijuana Policy Project is encouraging legislators to examine all the results of legalization in Colorado, not just the "problems."

Medical Marijuana

New Florida Poll Has Medical Marijuana Initiative Coming Up Just Short. A new Florida Decides poll has a majority in favor of the Measure 2 medical marijuana initiative, but not the supermajority needed to pass a constitutional amendment. The poll had support at 57%, but 60% is needed. But the poll also had 17% undecided, and if only a fraction of the undecided break in favor of the initiative, it could win. Another poll earlier this week had support at 64%.

Law Enforcement

Ohio Man Kills Himself During Marijuana Garden Raid Stand-Off. An Ashville, Ohio, man shot and killed himself after a two-hour stand-off at a property where he was growing marijuana Tuesday evening. Timothy Sturgis, 42, becomes the 32nd person to die in US domestic drug law enforcement operations so far this year.

Sentencing

California Defelonization Initiative Quietly Awaits Opposition. An initiative that would reduce petty drug (and other) offenses from felonies to misdemeanors, Proposition 47, is qualified for the November ballot and is now quietly waiting for a backlash to emerge. It polled at 57% in June and has $3 million in the bank. Opponents have raised only $8,000. But there are still two months left.

International

Saudi Arabia Beheads Four Foreigners for Drug Trafficking. Three Syrians and an Iranian were executed by beheading for drug trafficking offenses, the Saudi Interior Ministry said. The three Syrians were executed for smuggling "a large quantity of banned amphetamine pills" into the kingdom, and the Iranian was beheading for smuggling "a large quantity of hashish." That makes 45 executions in Saudi Arabia so far this year. It's not clear how many were for drug offenses, but the Saudis also executed four people for hash offenses last month.

Guyana Rastafaris Call for National Marijuana Commission. The Guyana Rastafari Council has called for the creation of a National Marijuana Commission. "Among the resolutions passed at the Council's last General Meeting held at the F.E. Pollard Primary School on August 24, was a call on the Government of Guyana to immediately implement the mandate of the last CARICOM Heads of Government meeting, that each CARICOM member state sets up a National Marijuana Commission to complement the Regional Marijuana Commission to look at decriminalizing marijuana for medical, religious and recreational purposes," the council said.

Medical Marijuana Update

Interest in medical marijuana is spreading in the South, New Hampshire inches toward dispensaries, and in California, one farmers' market gets shut down in LA even as one opens up north in grower country. Let's get to it:

California

Last Friday, Lake County residents filed a federal lawsuit over Measure N enforcement. Residents claim they are being subjected to warrantless searches and unlawful abatement procedures by the Lake County Sheriff's Office. Measure N sets strict limits on outdoor marijuana grows. The lawsuit seeks a temporary restraining order, a temporary injunction, and a permanent injunction to stop the warrantless searches and to require the sheriff's office to provide five-day abatement notices.

Also last Friday, a judge granted a preliminary injunction against a Los Angeles medical marijuana farmers' market. The California Heritage Market managed one medical marijuana farmers' event in July before it was shut down with a temporary restraining order sought by the LA City Attorney's office. Now, local prosecutors have persuaded the same judge to issue a preliminary injunction to keep it shut down.

Last Saturday, Mendocino County had its first ever medical marijuana farmers' market. It was the Healing Harvest Farms medical marijuana farmers' market beside US Highway 101 just north of Laytonville. Also available were locally grown squash, peppers, apples, pears, and other produce.

Florida

On Tuesday, the medical marijuana amendment was polling at 64%. A new Gravis Marketing poll has support for the Measure 2 medical marijuana constitutional amendment at 64%. Because it is a constitutional amendment, the measure needs the approval of 60% of voters to pass. Only 26% were opposed, with 10% undecided.

Georgia

Last Thursday, a medical marijuana study committee held its first hearing. The Georgia Medical Cannabis Joint Study Committee held the first of five scheduled public hearings at the state capitol. The hearings are aimed at drafting legislation to allow for the use of medical marijuana for epilepsy and other conditions. Click on the link for more details.

New Hampshire

Last Friday, the period for public comment on draft dispensary rules ended. Long-delayed dispensaries are about to get a bit closer. The Department of Health and Human Services has produced its first draft rules, and after public comment ended last week, will enter its formal rule-making phase. Click on the link for more details, or visit the state's Therapeutic Cannabis Program.

New Mexico

Last Thursday, the state overrode its own advisory board to deny medical marijuana for Alzheimer's patients. The Secretary of Health denied a petition to add Alzheimer's disease to the list of qualifying medical conditions for medical marijuana. The Medical Cannabis Advisory Board had unanimously recommended that Alzheimer's be added. Click on the link to read some reactions.

South Carolina

On Wednesday, there was a legislative hearing on medical marijuana. A legislative study committee heard testimony about the possibility of approving medical marijuana in the state. They were expected to discuss a 1993 marijuana stamp tax law as part of an effort to determine what potential tax revenues are. But that law was mainly designed as a tool to punish marijuana seller, not for revenue purposes.

Virginia

Last Thursday, the governor expressed support for medical marijuana. Gov. Terry McAuliffe (D) used a question about legalizing marijuana to express his support not for legalizing for all adults, but for medical marijuana. He said he is not "yet" ready to support full legalization.

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

Chronicle AM: ME Marijuana Moves, Global Commission Report, CO MJ Growing Conflict, More (9/3/2014)

Maine local legalization initiative efforts move forward, Massachusetts moves to ban N-Bomb, conflict over Colorado marijuana growing rules, and more. Let's get to it:

"N-Bomb," a synthetic psychedelic similar to LSD, is already illegal under federal law, but Massachusetts wants to ban it, too.
Marijuana Policy

York, Maine, Legalization Initiative Hands In Signatures. Advocates for a local initiative that would legalize the possession of up to an ounce of pot by adult handed in signatures today. The Marijuana Policy Project needs 641 valid signatures to qualify for the November ballot; they handed in 900 raw signatures.

Lewiston, Maine, Will Vote on Local Legalization Initiative. The city council voted unanimously last night to put on the November ballot a measure that would legalize the possession of up to an ounce of marijuana by adults. The council was responding to a successful initiative petition signature drive.

Medical Marijuana

South Carolina Hearing on Medical Marijuana Today. A legislative study committee is hearing testimony today about the possibility of approving medical marijuana in the state. They were expected to discuss a 1993 marijuana stamp tax law as part of an effort to determine what potential tax revenues are. But that law was mainly designed as a tool to punish marijuana seller, not for revenue purposes.

Colorado Public Hearing Yesterday Saw Contention Over Greenhouse Grows. A public hearing over proposed changes to retail and medical marijuana rules saw sparks fly over the issue of greenhouse grows. A new production cap rule would allow warehouses to grow up to 3,600 plants, while greenhouses could only grow half that amount. Greenhouse grows are more economically and environmentally sustainable.

Drug Policy

Global Commission on Drug Policy to Release New Report Next Week. Next Tuesday, September 9, the Global Commission on Drug Policy will release Taking Control: Pathways to Drug Policies that Work, a new, groundbreaking report, at a press conference in New York City.The event will be live-streamed, and speakers include former Brazilian President Fernando Henrique Cardoso, former Mexican President Ernesto Zedillo, former Colombian President César Gaviria, former Swiss President Ruth Dreifuss, Richard Branson and others. The Commissioners will then meet with UN Secretary General Ban Ki-Moon and UN Deputy Secretary General Jan Eliasson in the afternoon following the press conference. Click on the title link for more details.

New Synthetic Drugs

Massachusetts Emergency Bill Would Ban N-Bomb. Bay State prosecutors and law enforcement held a press conference today to announce an emergency bill to classify the synthetic psychedelic drug NBOMe, also known as N-Bomb, as a Class B controlled substance in the state. NBOMe is classified as a Schedule I controlled substance under federal law, but without a state ban, "state and local police, when they discover these drugs, are powerless to seize them and powerless to prosecute those who might be possessing or distributing them," Middlesex DA Marian Ryan said at the press conference.

International

Spanish Police Dismantle Malaga Cannabis Club. Police in Malaga have shut down a cannabis club there after its members were caught soliciting and selling pot to non-members during the Feria de Malaga celebration. Spanish law allows cannabis club members to collectively grow and share their own, but not to sell it to or solicit non-members.

Japan Cracks Down on Stores Selling Synthetic Drugs. Japanese authorities raided at least 129 stores in Tokyo and Aichi, Osaka, and Fukuoka prefectures for selling synthetic drugs banned under the country's pharmaceutical law At least 50 of those stores have been shut down or will close soon, officials said.

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