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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.

Chronicle AM: Santa Fe Decriminalizes, New Drug Czar Nominated, NYC Heroin Deaths Rise, More (8/29/14)

Santa Fe decriminalizes, no medical marijuana for Alzheimer's in New Mexico, NYC heroin deaths at 10-year high, new drug czar nominated, another drug war death, and more. Let's get to it:

Michael Botticelli has been nominated to be the new head of ONDCP, the drug czar's office. (whitehousedrugpolicy.gov)
Marijuana Policy

Santa Fe Decriminalizes Marijuana Possession. In a surprise move, the Santa Fe city council voted Wednesday night to decriminalize the possession of small amounts of marijuana. The move came after the Drug Policy Alliance and Progress Now New Mexico undertook a successful signature drive to put a decriminalization initiative on the ballot. Rather than have it go to a vote, the city council simply approved the ordinance instead.

NORML Endorses Alaska, DC, Oregon Legalization Initiatives. The National Organization for the Reform of Marijuana Laws (NORML) has officially endorsed all three marijuana legalization initiatives on statewide (or District-wide) ballots this fall. "NORML's board of directors endorses these cannabis legalization measures. All three support basic tenets of reform. They differ slightly in scope and implementation based on local considerations of law, customs and polled public sentiment," the group said. Both the Oregon and Alaska initiatives envision a legalize, tax, and regulate scheme, while, because of peculiarities in local law, the DC initiative only legalizes the possession and cultivation -- but not the sale and taxation of -- small amounts of marijuana.

Alaska Conference of Mayors Opposes Legalization Initiative. The Alaska Conference of Mayors announced Thursday it had voted to oppose Measure 2, the state's marijuana legalization initiative. The mayors' group is also kicking in $5,000 to the opposition campaign. The group expressed concerns over public safety, increased enforcement costs (?), and possible effects on youth.

Medical Marijuana

New Mexico Overrides Advisory Board, Denies Medical Marijuana for Alzeimer's. The Secretary of Health yesterday 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.

Georgia Medical Marijuana Study Committee Holds First Hearing. The Georgia Medical Cannabis Joint Study Committee held the first of five scheduled public hearings at the state capitol yesterday. 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.

Drug Policy

White House Nominates Acting Drug Czar to Head ONDCP. The White House has nominated acting drug czar Michael Botticelli to head the Office of National Drug Control Policy (ONDCP). Botticelli, a recovering alcoholic, has been acting drug czar since March, when his predecessor, Gil Kerlikowske, left to take over Customs and Border Protection. Prior to coming to ONDCP in 2012 to serve as Kerlikowske's deputy, he headed the Massachusetts Bureau of Substance Abuse Services.

Heroin

New York City Heroin Overdose Deaths at Ten Year High. Some 420 people in New York City died of heroin overdoses last year, the highest figure since the 438 recorded in 2003, according to data released Thursday by the city's Department of Health and Mental Hygiene. After peaking in 2003, the number of heroin deaths declined steadily, bottoming out at 209 in 2010. Since then, they have been steadily increasing.

Law Enforcement

Armed Orlando Man Killed in SWAT Drug Raid is Year's 31st Drug War Death. Members of Orlando SWAT team serving a drug search warrant shot and killed an armed man this morning. The man, who is as yet unnamed, becomes the 31st person to die in US domestic drug law enforcement operations so far this year. According to the Orlando Sentinel, citing police sources, the SWAT team hit an apartment on Orange Blossom Trail about 8:00am. At least two members of the SWAT team opened fire on the man as he pointed his weapon at them.

Chronicle AM: NIDA Seeks Marijuana Grower, NC OD Awareness Events, LSD Lifer Seeks Freedom, More (8/28/14)

NIDA seeks a marijuana grower, South Dakota state fair medical marijuana protest, an LSD lifer seeks his freedom, Gambia to reduce marijuana penalties, and more. Let's get to it:

South Dakota medical marijuana and hemp protest organizer Cody Gardner in downtown Huron. (Facebook)
Marijuana Policy

Nevada Legalization Initiative Effort Ongoing. The effort to legalize marijuana in Nevada continues. The Coalition to Regulate Marijuana Like Alcohol in Nevada has until November 11 to collect just over 100,000 valid voter signatures for its legalization initiative. If they succeed, the measure goes to the legislature next year, and if the legislature does not approve it, it goes to the voters in 2016. In addition to urging people to sign up now, the campaign is also looking for signature gatherers. Click on the title link for more information.

Brookings Institution Report Finds Washington Legalization Doing Well. The report is Washington's Marijuana Legalization Grows Knowledge, Not Just Pot. Author Philip Wallach likes the built-in funding for research, the coordination of efforts across state agencies, the mandated cost-benefit analysis, and more.

NIDA Seeking a Marijuana Farmer. The National Institute on Drug Abuse (NIDA) is preparing to solicit proposals from people who can "harvest, process, analyze, store and distribute" marijuana, the agency announced Tuesday night. The research agency is looking for someone who can produce between 400 and 700 kilograms of raw marijuana, rolled joints, and extracts.

Medical Marijuana

New Hampshire About to Enter Formal Rule-Making Phase for Dispensaries. 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 ends tomorrow, will enter its formal rule-making phase. Click on the link for more details, or visit the state's Therapeutic Cannabis Program.

Medical Marijuana, Hemp Protest at South Dakota State Fair Tomorrow. South Dakotans Against Prohibition is holding a march in support of medical marijuana and industrial hemp at the state fair in Huron tomorrow. The march starts at the fairgrounds and ends at Campbell Park in downtown Huron. This is the hometown of your correspondent. Go, neighbors!

Harm Reduction

North Carolina Overdose Awareness Day Events Planned. The North Carolina Harm Reduction Coalition is organizing events statewide for International Overdose Awareness Day. There will be events in Fayetteville, Franklin, and Greensboro. Click on the title link for more details.

Sentencing

Petition Drive to Free LSD Lifer Roderick Walker. Deadhead Roderick "Rudd" Walker is more than a decade into a life sentence in what the federal government claimed was a major LSD trafficking conspiracy. But Walker was never caught with any LSD; instead he was convicted and sentenced to life based solely on the testimony of others, including federal agents. There is now a petition drive. Visit and like the Free Roderick "Rudd" Walker page on Facebook and sign the Change.org petition to free him, which has already garnered more than 79,000 signatures. If it gets more than 100,000 signatures, the White House will respond.

International

Medical Marijuana Clinical Trials Coming to Victoria, Australia. Victoria Health Minister David Davis has announced that he will amend state law to allow medical marijuana clinical trials. The move comes one day after the Labor opposition announced it would legalize medical marijuana if elected.

Guatemalan President Says US More Open to Discussing Drug Legalization. In an interview with the Spanish EFE news agency, President Otto Perez Molina reiterated his support for some drug legalization and said the US seemed more open to discussing the issue than in the past. "From totally rejecting and avoiding the topic (of drug legalization), the US has moved on to say that they are ready to discuss the issue even though they may not agree with it, which is a significant change," he said. "I am convinced that we have to do things differently from how they have been done over the last 50 years," he said, adding that "prohibition has not worked for us" in the battle against drug trafficking. Click on the link for additional comments.

Gambia Legislature Votes to Reduce Marijuana Possession Penalties. The National Assembly has voted to reduce penalties for possession of less than 150 grams of marijuana. Currently, offenders face a large fine and up to three years in jail, but under the new law, the fine would drop by 60% and the maximum jail sentence would be one year. Since the current tough law was introduced in 2010, the prison population has increased under the weight of marijuana offenders, putting pressure on prison authorities.

Medical Marijuana Update

A study finds marijuana may lower opiate overdose rates, a California appeals court decision is good news for dispensary operators, Connecticut gets its first dispensary, and more. Let's get to it:

National

On Monday, a JAMA study found that medical marijuana states have lower opiate overdose death rates than non-medical marijuana states. States with medical marijuana laws have rates of opiate overdose deaths 25% lower than states that don't, the Journal of the American Medical Association report found. The article is Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999-2010.

Arizona

Last Friday, Arizona medical marijuana advocates filed a lawsuit over PTSD treatment restrictions. The Arizona Cannabis Nurses Association filed the lawsuit challenging limits imposed on patients with PTSD who seek to use medical marijuana. Health Director Will Humble has ruled that PTSD patients can only use medical marijuana if they are already getting some other form of treatment for PTSD. The lawsuit is in Maricopa County District Court.

California

On Wednesday, a state appeals court overturned a dispensary operator's marijuana sale conviction in what is being described as "a major victory" for dispensary operators. Borzou Baniani had been denied the opportunity to present an affirmative defense -- that he was operating a dispensary within state law -- and the appeals court called that an error. Read the decision here.

Connecticut

Last Wednesday, Connecticut got its first medical marijuana dispensary. Prime Wellness of Connecticut opened in South Windsor. It is the first of six dispensaries approved for licenses by the Department of Consumer Protection. The rest will be opening in coming weeks or months.

Illinois

Last Friday, Illinois announced it is seeking nominees for the Medical Marijuana Advisory Board. The state medical marijuana program is looking for health professionals and patients to serve on its advisory board, which will be appointed by the governor. For more information, visit the Illinois Medical Cannabis Pilot Program.

Kansas

Last Saturday, the state Democratic Party endorsed medical marijuana. Kansas Democrats now formally support medical marijuana, they announced during their statewide Demofest convention Saturday night. "Kansas Democrats support the availability of marijuana for medical use and protection of patients from criminal arrest and prosecution." the plank says. The platform link wasn't working as of Wednesday, but you can try it here.

Maryland

On Tuesday, proposed medical marijuana rules came under heavy fire. The state commission charged with writing the rules for medical marijuana in the state heard an earful from physicians, patients, advocates, and potential growers at a hearing Tuesday. They criticized the proposed rules as too burdensome and vague, and said they would preclude a dispensary from operating anywhere in the city of Baltimore. The commission has three weeks to finalize the rules, and the hearing in Annapolis was the first public hearing.

Nevada

On Tuesday, state officials announced that more than 500 people had applied for licenses for medical marijuana businesses. The state has received applications from more than 500 people to run dispensaries, grows, testing labs, and edible and infused product companies. Under a new state law, up to 66 medical marijuana businesses will be licensed. State officials will score the applications and announce their selections in November, with the first medical marijuana sales expected early next year.

New Mexico

On Monday, the state Cannabis Medical Advisory Board held a public hearing on proposed new rules. The MAB is frustrated that the Department of Health did not formally consult with it before releasing proposed rule changes, which have garnered unhappy responses from patients and providers.

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

Chronicle AM: Marijuana Initiatives, CT SWAT Lawsuit, ISIS Burns Syria Pot Fields, More (8/27/14)

Local marijuana initiatives move forward, the Oregon initiative is set to get a high-profile endorsement, a lot of people want to start medical marijuana businesses in Nevada, ISIS is burning pot fields in Syria, there's a harm reduction pre-event ahead of NYC's Electronic Zoo festival this weekend, and more. Let's get to it:

Marijuana Policy

City Club of Portland Draft Report Endorses Oregon Legalization Initiative. The influential City Club of Portland has issued a draft report in support of Measure 91, the legalization initiative sponsored by New Approach Oregon. If approved by City Club members, the recommendation will be a powerful, high-profile endorsement of the measure. It picked up the endorsement of the state's largest newspaper, The Oregonian, on Sunday.

Santa Fe County Commission Approves Decriminalization Initiative, But…. The commission voted Tuesday to put the initiative on the November ballot, but questions remain about whether there is enough room on a crowded ballot to add the measure to it. State officials have outlined their concerns, but County Clerk Geraldine Salazar said she is confident those issues can be overcome. Stay tuned.

York, Maine, Activists Hand in Initiative Signatures. Citizens for Safer Maine is handing in more than 900 signatures today for its initiative that would legalize the possession of up to an ounce of marijuana. The initiative needs 641 valid voter signatures to qualify. The signature turn-in comes after town selectmen voted against putting the measure on the ballot.

Medical Marijuana

Maryland Medical Marijuana Rules Come Under Fire. The state commission charged with writing the rules for medical marijuana in the state heard an earful from physicians, patients, advocates, and potential growers at a hearing Tuesday. They criticized the proposed rules as too burdensome and vague, and said they would preclude a dispensary from operating anywhere in the city of Baltimore. The commission has three weeks to finalize the rules, and the hearing in Annapolis was the first public hearing.

More Than 500 Apply for Nevada Medical Marijuana Business Licenses. The state has received applications from more than 500 people to run dispensaries, grows, testing labs, and edible and infused product companies. Under a new state law, up to 66 medical marijuana businesses will be licensed. State officials will score the applications and announce their selections in November, with the first medical marijuana sales expected early next year.

Harm Reduction

DanceSafe to Do Harm Reduction Event Ahead of NYC Electronic Zoo Music Festival. The rave culture harm reduction group DanceSafe is hosting a "Surviving Zoo" event tomorrow night ahead of this weekend's Electric Zoo music festival. They will be giving away gift bags containing drug information cards, earplugs, and condoms, and will be offering personal drug testing kits for sale. Click on the link for more details. Last year, two people died from drug use at Electronic Zoo, and festival organizers have responded by adding more law enforcement and making attendees watch an anti-drug PSA before entering.

Drug Policy

British Drug Reform Group Transform Publishes Drug Debater's Guide. The Transform Drug Policy Foundation today made available Debating Drugs: How to Make the Case for Legal Regulation. "This is a guide to making the case for the legal regulation of drugs from a position of confidence and authority. Organized into 12 key subject areas, it provides an at-a-glance summary of the arguments for legal regulation, followed by commonly heard concerns and effective responses to them. It is the product of Transform's extensive experience debating the issues around legal regulation, and running workshops to equip supporters of reform with the arguments and nuanced messaging needed to win over a range of audiences." Check it out.

Drug Reform Funder John Sperling Dies. John Sperling, best known as the founder of the University of Phoenix, has died at age 93. Along with George Soros and Peter Lewis, Sperling was one of the troika of deep-pocketed funders whose financial support helped secure the passage of California's medical marijuana and sentencing reform initiatives (Prop 215 and Prop 36, respectively). He also helped fund Arizona's medical marijuana initiative, Prop 200.

Law Enforcement

Federal Court Says Lawsuit Over Fatal Connecticut SWAT Drug Raid Can Continue. A US federal appeals court has ruled that police cannot claim immunity to quash lawsuits filed in the wake of a botched 2008 raid that left one man dead and the homeowner wounded. In the raid, a heavily armed SWAT team shot and killed Gonzalo Guizan and wounded Ronald Terebesi as the two men were watching television. The ruling said that because police responded with unnecessary and inappropriate force, they are not protected by "qualified immunity." Police were responding to a claim by a stripper that she had seen a small amount of cocaine in Terebisi's home. They found only a personal use quantity of the drug and no weapon.

International

ISIS Burns Syrian Marijuana Fields. As if we didn't have enough reasons not to like these guys. Amateur video posted on the internet reportedly filmed recently in Akhtarin, near Aleppo, purportedly shows ISIS members burning a marijuana field. Syrian human rights observers reported that ISIS had captured the village from rival Islamists weeks ago. Click on the link to see the video.

Australia's Victoria Labor Party Vows Harsh New Laws Against Meth. The opposition Labor Party is hoping to gin up votes ahead of November's elections by vowing to crack down on meth if elected. Leader Daniel Andrews is calling for new criminal offenses to be enacted and penalties of up to 25 years in prison for sales to minors. New offenses would include writing or circulating meth "cookbooks" and owning or operating properties that "turn a blind eye" to meth production, as well as selling meth near a school.

Drug War Issues

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