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California Legalizes Marijuana!!!

California voters approved the Prop 64 marijuana legalization initiative Tuesday, more than tripling the number of Americans who live in weed-legal states. Although four other states had legalized marijuana before this year's election, legalization in the nation's most populous state will provide momentum for nationwide legalization like never before.

"This is the most important moment in the history of the marijuana legalization movement," said Tom Angell, chairman of Marijuana Majority. "California is the sixth-largest economy in the world and is hugely culturally influential. Most importantly, this vote will dramatically accelerate the end of federal marijuana prohibition."

Only 13% of the votes had been counted by 8:30 p.m PST, but the measure never trailed and the trend is clear. As of now, Prop 64 is cruising toward victory with 55% of the vote. The Associated Press called the race at 8:13 p.m., less than a quarter-hour after the polls closed.  

The victory in California, along with other marijuana victories Tuesday, will greatly increase the pressure on Congress to consider repealing pot prohibition, Angell said.

"California alone has just added 53 more U.S. House members to the list of federal lawmakers who represent places where marijuana is legal. Last year we came only nine votes shy of winning an amendment to stop federal interference with state marijuana laws. Do the math," he said.

"With California’s huge vote and other results tonight, our movement is in perfect position to increase our already strong momentum," Angell continued. "Both Donald Trump and Hillary Clinton have repeatedly pledged to respect state marijuana laws. And in an interview last week, President Obama said federal marijuana prohibition would be ‘untenable’ if California legalized marijuana. He was right, and it’s time for Congress to get to work passing legislation to get the DEA out of the way of full and effective implementation of these state laws."

Under Prop 64, people 21 and over can possess up to an ounce of weed and grow up to six plants at home and keep the harvest. The new law also creates a system of state-regulated and –licensed marijuana cultivation, processing, manufacturing, testing, transporting, and retail licenses, and includes provisions designed to protect small ma-and-pa cultivators—the people who made California the marijuana mecca it is today. The new law also sets a 15% excise tax on retail marijuana sales.

State-regulated marijuana commerce won't go into effect until January 1, 2018, but the personal possession and cultivation provisions go into effect now. Forty million people just got legal weed.

Twenty years after California opened up the contemporary marijuana revolution with the passage of the Prop 215 medical marijuana initiative in 1996, the Golden State is now prepared to take legal marijuana to a whole new level. 

CA
United States

AP: California Legalizes Marijuana!

Prop 64 is only leading 51% to 49% with 4% of the vote counted, but AP says it's a done deal. 

North Dakota Okays Medical Marijuana

It's leading 64% to 36% with 71% of the vote counted. 

“More than half the states in the country now have medical marijuana laws, thanks to the decisions tonight by North Dakota voters and those in Floridam," said Tom Angell, chairman of Marijuana Majority. "To be candid, very few people in our movement expected this result, and it happened with almost no coordination or major assistance from national organizations." 

Partial Initiative Results: Arkansas, Maine, Massachusetts, North Dakota

As of 10:50 p.m. Eastern Time:

Legalization Initiatives:

Maine Question 1 leads 53% to 47% with 17% of the vote in.

Massachusetts Question 4 leads 52% to 48% with 22% of the vote in. 

Medical marijuana initiatives:

Arkansas Measure 6 leads 51% to 49% with 14% of the vote in.

North Dakota Measure 5 leads 61% to 39% with 24% of the vote in.

Stay tuned for results from Arizona, California, Montana, and Nevada as the polls close and the counts begin.

Florida Votes in Medical Marijuana!

Florida voters easily passed a constitutional amendment to approve the use of medical marijuana Tuesday. A number of Southern states, including Florida, have in recent years passed limited, CBD-only medical marijuana laws, but passage of Amendment 2 means the South has its first full-blown medical marijuana law.

Coming soon to Florida. (Creative Commons/Wikimedia)
With returns 90% complete at 8 p.m. on election night, Amendment 2 was winning with 71% of the vote. Under Florida law, constitutional amendments not need a simple majority but 60% of the vote.

The second time was the charm for attorney John Morgan and United for Care, which led the charge for Amendment 2. Their first effort in 2014 came up just short, winning 57.6% of the vote, a solid majority, but enough votes to overcome the 60% hurdle. The 2014 effort also had to fight headwinds generated by a "no" campaign financed to the tune of $5 million, primarily thanks to prohibitionist zealot and Las Vegas casino magnate Sheldon Adelson.

Amendment 2 overcame that electoral hurdle and another multi-million dollar "no" campaign, again with significant contributions from Adelson, as well as Florida arch-prohibitionist Mel Sembler. It also benefited from strong presidential election year turnout and two more years of attitudinal shifts toward tolerance of marijuana in general and medical marijuana in particular.

Under the measure, patients with "debilitating medical conditions as determined by a licensed Florida physician" will be able to buy weed legally through state-regulated dispensaries. But they won't be able to grow their own. 

Using Medical Marijuana to Reduce Dependence on Opiates in an Aging, Aching Population [FEATURE]

Pain is a drag. And chronic pain is a never-ending drag. Unfortunately, as we grow older, we can expect to increasingly suffer its torments. Half of older adults who live on their own report suffering from chronic pain. For people in elderly care facilities, that figure jumps to somewhere around 80%.

Older patients reported relief and good quality of life with marijuana. (Darren Harris Frisby/DPA)
An aging population with its associated aches and pains is one reason opioid pain prescriptions have increased so dramatically this century. Opiates are a very popular pain management technique, despite the well-known problems with them, primarily addiction and lethality. They can ease your pain, but they can also kill you or get you strung out. And opiate users report other problems less severe, but still affecting quality of life, such as constipation and foggy-headedness.

In recent years, we have seen increasing evidence that one substance can reduce both pain and the reliance on opioids to treat it, and that its use can have a positive impact on fatal opioid overdoses. That substance is marijuana.

As the Johns Hopkins Bloomberg School of Public Health reported in 2014, "In states where it is legal to use medical marijuana to manage chronic pain and other conditions, the annual number of deaths from prescription drug overdose is 25% lower than in states where medical marijuana remains illegal."   

Now, new research findings from Care By Design, one of California's leading medical marijuana producers, add more evidence of the positive role marijuana can play in treating chronic pain and reducing dependence on opioid pain medications. The study surveyed 800 patients, mostly between 50 and 70, more than 80% of whom reported suffering from chronic pain, half of whom reported suffering from acute pain, and more than 40% of whom reported suffering from both.

These patients were in a world of hurt and had tried a number of pain management tools—opiates, medical marijuana, anti-inflammatory agents (NSAIDS), nerve blockers, exercise/physical therapy, and surgery—with respondents reporting trying an average of four of them. A quarter of patients reported having tried all six.  

The patients reported that marijuana was very effective for pain, with few negative side effects.  That was in striking distinction to opiates, which patients also said were effective for pain, but had a significant negative impact on quality of life for a significant number of them. In fact, the differences between the two substances in terms of quality of life were so dramatic they led to dramatic changes in patient behavior.

Medical marijuana (Creative Commons/Wikimedia)
"This survey brings some very important information to light," said Care By Design spokesman Nick Caston. "We see here in our patient data that cannabis is improving the quality of life of our patients—particularly elderly patients suffering from age-related pain—and that it does so without the dangerous side effects of other pain management modalities. 

"The study’s most striking finding was cannabis’ apparent impact on opiate reliance: Ninety-one percent of survey respondents reported that they decreased the amount of opiates they were taking or eliminated them altogether," Caston continued.

The study also found while marijuana, opiates, exercise/physical therapy, and NSAIDS all provided noticeable pain relief in more than half the patients, marijuana was the only pain management tool where there were no reports of worsening pain. And half of the patients using opiates reported that they had a negative impact on overall well-being, interfering with mood, energy, sleep, and functional abilities.

More than half of the patients reported using both marijuana and opiates to manage pain. But as noted above, nine out of 10 reduced or eliminated their opiate consumption after beginning to use marijuana. And nearly two-thirds (63%) said they were now off opiates altogether.

Over half of respondents reported that they had used both cannabis and opiates for pain management. Of great interest was the impact of cannabis therapy on opiate usage: Ninety-one percent of this subgroup reported that they used fewer or no opiates after beginning cannabis therapy. Sixty-three percent said that they went off opiates altogether.

"A tenet of healthcare in the United States is 'First, do no harm,'" the study concluded. "Patient reports of cannabis’ efficacy together with its low side effect profile suggest that it should be considered as a first-line treatment for pain and/or as an adjunct treatment to opiates rather than as a medication of last resort."

In other words, if we want to reduce the reliance on opioids, with all their negatives, for the management of pain in an aging population, we should be easing access to medical marijuana. With medical marijuana legal in 25 states, we're halfway there. 

Chronicle AM: Obama Says Federal Pot Prohibition "Not Tenable" After Tuesday, More... (11/07/16)

Marijuana Policy 

President Obama Says Federal Pot Prohibition in Question After Tuesday's Vote. Appearing on the Bill Maher Show Friday night, President Obama said federal marijuana prohibition will not "be tenable" if more states vote to legalize the weed on Tuesday. "The good news is is that after this referenda, to some degree it’s gonna call the question, because if in fact it passed in all these states, you now have about a fifth of the country that’s operating under one set of laws, and four-fifths in another," Obama said. "The Justice Department, DEA, FBI, for them to try to straddle and figure out how they’re supposed to enforce laws in some places and not in others — they’re gonna guard against transporting these drugs across state lines, but you’ve got the entire Pacific corridor where this is legal — that is not gonna be tenable," he said.

 

Maine Legalizers Have Huge Cash Advantage. Supporters of the Question 1 marijuana legalization initiative have raised more than $2.4 million dollars, according to campaign finance reports, while opponents have raised only $201,000. Most of the pro-legalization money has come from the New Approach PAC, the instrument of the heirs of late Progressive Insurance founder and drug reform philanthropist Peter Lewis, while 99% of the anti-legalization money has come courtesy of Project SAM's Kevin Sabet, who now heads the newly formed non-profit Alliance for Healthy Marijuana Policy.

Las Vegas Casino Magnate Sheldon Adelson Again Kicks in Against Nevada Pot Initiative. The Sands Corporation head honcho and prolific funder of anti-drug reform efforts has given more than $1.35 million to the campaign trying to defeat the Question 2 marijuana legalization initiative in recent weeks, according to campaign finance reports. That's on top of $2 million he gave opponents in September. In fact, Adelson is virtually a one-man opposition campaign, having provided 97.4% of all reported opposition campaign contributions. Proponents of Question 2 have raised only $1.2 million.

Medical Marijuana

New Report Calls Marijuana a "Promising Option" for Dealing With Opioid Addiction. A new report from the National Cannabis Industry Association finds that increasing legal access to marijuana can be a potent weapon in the fight against opioid addiction. The report findssignificant progress in reducing addiction and overdose deaths in states that have legalized it.

New Mexico Panel Votes to Allow Medical Marijuana for "Opiate Use Disorder." A state advisory board that makes recommendations to the Health Department on New Mexico’s Medical Cannabis Program voted 5-1 Friday in favor of adding "opiate use disorder" to the list of conditions that qualify. Now, it's up to incoming Health Secretary Lynn Gallagher to accept or deny the recommendation. Such a move could add thousands of new patients to the state's rapidly expanding medical marijuana program.

Asset Forfeiture

Montana Supreme Court Affirms Right to Jury Trial in Civil Forfeiture Cases. In a ruling last week, the state high court upheld and strengthened a 2015 law that reformed asset forfeiture procedures. The ruling came in the case of a man whose land was seized after police found 300 marijuana plants on it. The man was convicted of federal drug charges, but not prosecuted by the state. Even though he faced no state charges, the state seized his land. He requested a jury trial, but was denied in lower court, and a judge turned the property over to the state. But the Supreme Court said the 2015 law supplanted older law on which the trial judge based his decision.

Law Enforcement

Even As Arrests Drop, California Racial Disparities Persist. A new report from the office of Attorney General Kamala Harris finds that arrest rates for all racial groups have dropped in the past decade, but blacks were still much more likely than whites to be arrested on felony charges. When it comes to drugs, black men were six times as likely as whites to be arrested, and black women were nearly three times as likely to be arrested as whites. Latinos, on the other hand, were arrested for drugs at roughly the same rate as whites. 

Chronicle AM: New MA Poll Has Pot Init Winning Handily, Ghana Moves Toward Drug Decrim, More... (11/4/16)

It's just about all pot legalization and medical marijuana initiatives today--oh, and Ghana is moving toward drug decriminalization.

It's looking like legal buds are coming to Boston. (Creative Commons/Wikimedia)
Marijuana Policy 

Another New National Poll Has a Solid Majority for Marijuana Legalization. A new American Values Survey conducted by the Public Religion Research Institute finds that 63% of Americans 18 and over favor freeing the weed. Only three years ago, the survey had support for legalization at only 45%. The poll is in line with other recent national opinion polls that show solid majorities for marijuana legalization.

Former DEA Heads Ask California Governor to Take Stand Against Legalization. Gov. Jerry Brown (D) has yet to take a position on the Prop 64 legalization initiative, and now five former DEA heads are urging him to come out against it. They cited alleged problems with drugged driving and use by teens in Colorado. "Let us at least see if these negative trends continue before taking this plunge," the letter said. "This means that Californians, many of whom will listen to you, should vote against Prop 64. Is it wise social policy to adopt a measure that will substantially increase the numbers of marijuana users, including our youth? The letter was signed by former DEA administrators Robert C. Bonner, Jack Lawn, Karen Tandy, Peter Bensinger and Michele Leonhart.

New Massachusetts Poll Has Legalization With Wide Lead. A new poll from the Western New England University Polling Institute has the Question 4 legalization initiative winning handily with 61% of the vote. Only 34% were opposed. The "yes" vote is up nine points from the group's previous poll at the end of September. The measure had a whopping 81% support among voters under age 40.

Medical Marijuana

Arkansas Supreme Court Rejects Bid to Reinstate Initiative; One Still Remains on the Ballot. The state's high court Thursday denied a petition for a rehearing on its decision to disqualify Issue 7. Another medical marijuana initiative, Issue 6, remains on the ballot.

North Dakota Initiative Campaign Gets Last Minute Cash. North Dakota for Compassionate Care, the group behind the Measure 5 medical marijuana initiative has received an unexpected last-minute donation of $15,000 from Drug Policy Action, the lobbying and campaign arm of the Drug Policy Alliance. The group will use the money for a final advertising push to get their message out to voters ahead of next week's elections.

International

Ghana Moving Toward Drug Decriminalization. The country is moving to decriminalize drug use as a means of better managing addiction, Deputy Interior Minister James Agalga said Thursday. Under a bill moving through parliament, users would receive clinical care and treatment instead of prosecution and incarceration. "Those who are addicted and under normal circumstances ought to be treated as patients who need care in the hospital," he explained. 

Chronicle AM: CA's Prop 64 Glides Toward Victory, AR MedMJ Init Has Voters Evenly Divided, More... (11/3/6)

It's all marijuana news today: the news from California is good on a couple of fronts, so is the news from the Pentagon and the District of Columbia. 

Will we see these in Arkansas next year? (Creative Commons/Wikimedia)
Marijuana Policy 

US Military May Ease Up on Marijuana Use By Recruits. Defense Secretary Ash Carter said Tuesday that the Pentagon is undertaking a wide-ranging review of recruiting standards and practices to ensure they are not "unnecessarily restrictive," including a review of rules governing past marijuana use by recruits. Under current policy, a potential recruit can be rejected for testing positive for pot or admitting past habitual marijuana use.

Latest California Poll Has Legalization Initiative Winning Comfortably. In line with all other recent polls, a new USC Dornsife/Los Angeles Times poll has the Prop 64 initiative winning with 58% of the vote. Support was strongest among voters under 30, 74% of whom said they were voting for the initiative. "The electorate has gotten younger and more demographically diverse," said Dan Schnur, director of the poll, reflecting on differences with 2010, when a legalization initiative lost by six points. "The change over the last six years has been more cultural than political. Society feels differently about marijuana legalization now than it did then."

Medical Marijuana

Arkansas Poll Shows Tight Race for Medical Marijuana Initiative. A new University of Arkansas poll shows voters evenly split on the Issue 6 medical marijuana initiative. The poll of likely voters has 49% in favor, with 47% opposed. The poll was conducted before a competing initiative, Issue 7, was disqualified from the ballot by the Supreme Court. Support was similar for Issue 7, with 48% in favor and 45% opposed. Issue 7 will remain on the ballot, but votes for and against it will not be counted.

DC Council Okays Letting Out-of-State Patients Purchase Medical Marijuana. The council has approved a measure to let medical marijuana users from other states use their registration cards to purchase their medicine in the District. The vote was unanimous.

Feds Give Up on Trying to Shut Down Flagship Berkeley Dispensary. The Justice Department has given up on its efforts to shut down the Berkeley Patients Group. The three-year effort came to an end Monday, when federal prosecutors in San Francisco filed a motion to dismiss their civil forfeiture case against the dispensary. City officials had supported the dispensary in its battle with then-US Attorney Melinda Haag. The move is the latest sign the federal government is winding down efforts to go after marijuana businesses in states where they are legal. 

Clinton's and Trump's Drug Policies [FEATURE]

(This article was written prior to the election.)

One means of judging the competing presidential candidates is to examine their actual policy prescriptions for dealing with serious issues facing the country. When it comes to drug policy, the contrasts between Hillary Clinton and Donald Trump couldn't be more telling.

Donald Trump talks drugs. (Gage Skidmore/Wikimedia)
The country is in the midst of what can fairly be called an opioid crisis, with the CDC reporting 78 Americans dying every day from heroin and prescription opioid overdoses. Both candidates have addressed the problem on the campaign trail, but, as is the case in so many other policy areas, one candidate has detailed proposals, while the other offers demagogic sloganeering.

Guess which is which.

Hillary Clinton has offered a detailed $10 billion plan to deal with what she called the "quiet epidemic" of opioid addiction. Donald Trump's plan consists largely of "build the wall."

That was the centerpiece of his October 15 speech in New Hampshire where he offered his clearest drug policy prescriptions yet (though it was overshadowed by his weird demand that Hillary Clinton undergo a drug test).  To be fair, since then, Trump has also called for expanding law enforcement and treatment programs, but he has offered no specifics or cost estimates.

And the centerpiece of his approach remains interdiction, which dovetails nicely with his nativist immigration positions.

Donald Trump wants a wall here to stop drugs and immigrants. (Wikimedia/Creative Commons)
"A Trump administration will secure and defend our borders," he said in that speech. "A wall will not only keep out dangerous cartels and criminals, but it will also keep out the drugs and heroin poisoning our youth."

Trump did not address the failure of 40 years of ever-increasing border security and interdiction policies to stop the flow of drugs up until now, nor did he explain what would prevent a 50-foot wall from being met with a 51-foot ladder.

Trump's drug policy also takes aim at a favorite target of conservatives: so-called sanctuary cities, where local officials refuse to cooperate in harsh federal deportation policies.

"We are also going to put an end to sanctuary cities, which refuse to turn over illegal immigrant drug traffickers for deportation," he said. "We will dismantle the illegal immigrant cartels and violent gangs, and we will send them swiftly out of our country."

In contrast, Clinton's detailed proposal calls for increased federal spending for prevention, treatment and recovery, first responders, prescribers, and criminal justice reform. The Clinton plan would send $7.5 billion to the states over 10 years, matching every dollar they spend on such programs with four federal dollars. Another $2.5 billion would be designated for the federal Substance Abuse Prevention and Treatment Block Grant program.

Hillary Clinton has a detailed drug policy position. (state.gov)
While Trump advocates increased border and law enforcement, including a return to now widely discredited mandatory minimum sentencing for drug offenders, Clinton does not include funding for drug enforcement and interdiction efforts in her proposal. Such funding would presumably come through normal appropriations channels.

Instead of a criminal justice crackdown, Clinton vows that her attorney general will issue guidance to the states urging them to emphasize treatment over incarceration for low-level drug offenders. She also supports alternatives to incarceration such as drug courts (as does Trump). But unlike Trump, Clinton makes no call for increased penalties for drug offenders.

Trump provides lip service to prevention, treatment and recovery, but his rhetorical emphasis illuminates his drug policy priorities: more walls, more law enforcement, more drug war prisoners.

There is one area of drug policy where both candidates are largely in agreement, and that is marijuana policy. Both Clinton and Trump have embraced medical marijuana, both say they are inclined to let the states experiment with legalization, but neither has called for marijuana legalization or the repeal of federal pot prohibition.

If Clinton's drug policies can be said to be a continuation of Obama's, Trump's drug policies are more similar to a return to Nixon's. 

(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.)

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