Ballot Measures

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Chronicle AM: Obama Commutes More Drug Sentences, Boston's First MedMJ Shop Opens, More... (8/3/16)

Obama commutes more drug sentences, Boston gets its first dispensary, more signs of how horrid South Dakota is on marijuana, Utah SWAT deployment data, and more.

Utah SWAT is aimed mostly at drug offenders. (Wikipedia/Creative Commons)
Marijuana Policy

Oregon US Attorney Prosecuting Black Teen Over One Gram of Weed. In the first federal marijuana possession prosecution in the state in five years, teenager Devontre Thomas has been charged over a gram of pot found in another student's backpack at the federal Indian School they both attended. The other teen claimed he got the weed from Thomas, and that's enough for US Attorney Billy J. Williams to charge Thomas with "knowingly and intentionally possessing marijuana." Williams is getting blowback from many, including US Sen. Jeff Merkley (D-OR), who said "situations like this are best handled by the state."

South Dakota to Prosecute Consultants for Aborted Indian Tribe Pot Grow. Attorney General Marty Jackley announced Wednesday that two men who consulted with the Flandreau Santee Sioux Tribe in its effort to grow marijuana have been indicted on a range of marijuana possession charges. The tribe began to grow after the federal government signaled that tribes could do so, but destroyed its crop after federal officials raided other tribes than had entered the business and after state officials threatened to arrest non-Indians who used marijuana there. One of the consultants was hit with felony possession and is looking at up to 7 ½ years in prison, while the other, who cooperated with authorities, only got a misdemeanor charge.

Medical Marijuana

Boston Gets Its First Dispensary. The Patriot Cares dispensary is open on Boston's Milk Street as of today. The company says it's ready for 150 patients a day and that 200 patients have already registered.

South Dakota Medical Marijuana Initiative Supporters Sue Over Signatures. The secretary of state's office said petitions from the South Dakota Coalition for Compassion came up short on signatures, blocking the measure from going to the voters, and now, the coalition has filed a complaint alleging that signatures were not properly counted. The coalition is seeking to have the secretary of state's decision thrown out and that a local judge will order the initiative placed on the November ballot.

Law Enforcement

Utah SWAT Used Overwhelmingly for Drug Crimes. Utah is the only state to currently require reporting on SWAT deployments, and the 2015 report has just been released. SWAT was deployed 457 times in 2015, including 281 forced entries into private residences. Three-quarters of those forced entries were drug raids. The data also showed that police were more likely to use "no-knock" search warrants against drug suspects than against violent crime suspects. Go figure.

Pardons and Clemency

Obama Frees More Federal Drug Prisoners, But Time is Running Out. Some 214 federal drug war prisoners saw their prison sentences commuted Wednesday as President Obama took another step toward fulfilling his administration's pledge to use his pardon power to cut draconian drug sentences and free prisoners serving decades-long stretches for non-violent drug crimes.Those whose sentences were commuted Wednesday will walk out of prison on December 1. With Wednesday's commutations, Obama has now commuted the sentences of 562 men and women sentenced under harsh federal drug laws, including 197 people doing life for drug offenses. That's more commutations than the last nine presidents combined.

Chronicle AM: Filipino Drug War Killings Raise Global Alarm, Legal Pot for Deficit, More... (8/2/16)

Civil society responds as the death toll mounts in the Philippines, Massachusetts politicians endorse pot legalization, a new study finds national legalization could bring in $12 billion a year for the feds, and more.

Filipino President Rodrigo "The Punisher" Duterte (theinfluence.org)
Marijuana Policy

Study: Legal Marijuana Could Bring $12 Billion a Year to Federal Tax Coffers. A new study from the American Economic Association says the federal government could harvest up to $12 billion annually in tax revenues if marijuana were legalized nationwide. The revenue estimate is based on a 25% federal tax on retail pot sales.

Alaska Pot Board Member Fired, Alleges Governor Trying to "Subvert" Legalization. Gov. Bill Walker (R) has fired Marijuana Control Board member Bruce Schulte, and Schulte says it's because Walker and allies are trying to delay implementation of a voter-approved marijuana industry. "There's an underlying agenda to subvert the process, to delay the implementation of a legalized marijuana industry," Schulte said. "It doesn't look like the State of Alaska is really serious about making this happen." A replacement for Schulte has not been announced. Alaska approved marijuana legalization in November 2014.

Arkansas Attorney General Rejects 2018 Legalization Initiative. Attorney General Leslie Rutledge has rejected an initiative proposed by Mary Berry of Summit to legalize marijuana in the state. Rutledge said there were ambiguities in the text that need to be addressed. That initiative was aimed at 2018. A 2016 initiative from Berry, the Arkansas Cannabis Amendment, was approved for signature gathering, but failed to make the ballot.

Boston City Council President to Endorse Massachusetts Legalization Initiative. City Council President Michelle Wu and Councilor Tito Jackson will formally endorse the Campaign to Regulate Marijuana Like Alcohol's legalization initiative at a press event at the state capitol tomorrow. Holyoke Mayor Alex Morse endorsed the initiative Monday, becoming the first mayor in the state to do so. Boston Mayor Martin Walsh, Governor Charlie Baker (R), and other high state officials oppose the initiative.

Medical Marijuana

Florida Medical Marijuana Foes Get Big Bucks Donation from Publix Heiress. Carol Jenkins Barnett, heir to the Publix supermarket fortune, has donated $800,000 to Drug Free Florida to fight the Amendment 2 medical marijuana initiative. Jenkins Barnett also donated big time to defeating the medical marijuana initiative in 2014, handing out $500,000 to Drug Free Florida that year.

International

As Philippines Drug War Death Toll Mounts, Rights Groups Demand UN Denounce Killings. More than 700 suspected drug users or dealers have been killed by police or vigilantes since Rodrigo Duterte took office as president less than three months ago, and now civil society is responding. More than 300 human rights and other organizations have signed letters to the International Narcotics Control Board and UN Office on Drugs and Crime urging them to speak out against the extra-judicial violence. "We are calling on the UN drug control bodies to publicly condemn these atrocities in the Philippines. This senseless killing cannot be justified as a drug control measure," said Ann Fordham, executive director of the International Drug Policy Consortium (IDPC), which coordinated the letter. "Their silence is unacceptable, while people are being killed on the streets day after day."

Australia's New South Wales Now Allows Doctors to Prescribe Medical Marijuana. As of Monday, New South Wales doctors can write prescriptions for medical marijuana. "People who are seriously ill should be able to access these medicines if they are the most appropriate next step in their treatment," NSW Premier Mike Baird said yesterday.

Chronicle AM: IL Gov Signs Decrim Bill, Marijuana Foes Pony Up to Fight Reform, More... (8/1/16)

Your correspondent was on vacation last week, but drug policy and the drug war weren't. Illinois has decriminalized marijuana possession, Republicans are shifting on marijuana prohibition, Minnesotans with chronic pain now qualify for medical marijuana, Floridians can now get naloxone without an individualized prescription, and more.

It's official: Massachusetts will vote on marijuana legalization this fall. (regulatemass.org)
Marijuana Policy

Poll: Even Republicans Now Favor Marijuana Legalization. For the first time, a plurality if not a majority of people who identify as Republicans say they support marijuana legalization. A new YouGov poll has 45% of Republicans in favor, with 42% opposed. Only eight months ago, Republicans opposed legalization in the same poll, by a margin of 50% to 36%.

Pot Prohibitionists Put Up $2 Million to Fight Legalization. The political arm of the anti-legalization group Smart Approaches to Marijuana has raised more than $2 million to fight legalization initiatives in five states this year, including California, where Prop 64 is on the November ballot. The bulk of the money will go to California. The group is led by former Rep. Patrick Kennedy (D-Rhode Island) and former drug czar's office official Kevin Sabet.

Illinois Decriminalizes Marijuana. Gov. Bruce Rauner (R) last Friday signed into law Senate Bill 2228, which decriminalizes the possession of up to 10 grams of marijuana and creates a maximum fine of $200. The law goes into effect immediately, making Illinois the 21st state to have decriminalized small-time pot possession.

Massachusetts Legalization Initiative is Officially on the November Ballot. State officials last month quietly certified that the initiative from the Campaign to Regulate Marijuana Like Alcohol has overcome the final hurdle to going before the voters in November. Advocates had to hand in a small number of signatures this summer when the legislature refused to act after the campaign handed in tens of thousands of signatures earlier this year. The initiative will be Question 4 on the November ballot.

Northern Marianas Could Vote on Legalization in November. A lawmaker in the US territory has pre-filed a bill that would let residents vote on legalization in November. Senator Sixto Igisomar is the man behind the move. The legislature must approve it by August 10 for it to make the ballot this year.

Medical Marijuana

Arkansas Medical Marijuana Amendment Initiative Gets More Time to Gather Signatures. Arkansans United for Medical Marijuana, the group behind the Arkansas Medical Marijuana Amendment initiative, had come up short of the 82,000 valid voter signatures required to qualify for the November ballot, but it handed in 72,000 valid signatures, qualifying it for additional time to gather enough signatures to make the ballot. Another medical marijuana initiative, the Arkansas Medical Marijuana Act, has already qualified for the ballot.

Minnesota Chronic Pain Patients Now Qualify for Medical Marijuana. As of today, the state's medical marijuana program includes people suffering from chronic pain that is not eased by traditional drugs or therapies.

Harm Reduction

Florida Makes Opioid Overdose Reversal Drug Available Without Prescription. The overdose reversal drug naloxone (Narcan) is now available through a "standing order" from a doctor, meaning drugs users, friends, and family members no longer need an individual prescription to obtain the antidote. Additionally, the pharmacy chain CVS will begin stocking naloxone in all its pharmacies in the state beginning this month.

International

Italian Parliament Begins Debate on Marijuana Legalization.Last week, parliament began discussing whether to approve a marijuana legalization bill. The bill would allow for the possession of up to 15 grams at home and 5 grams on the street and let people grow up to five plants. It would also allow growing collectives of up to 50 growers. Rightist opponents of the measure have already filed more than 1,300 proposed amendments aimed at snuffing it. Debate on the bill will resume in September.

Indonesia Executes Four Drug Prisoners. Ignoring a growing global clamor against the practice, Indonesian authorities executed four convicted drug offenders last Friday. Ten others set to be executed at the same time won a temporary reprieve when a storm hit the island where the executions were taking place, but officials said they would be put to death later.

Chronicle AM: Greece Moves Toward MedMJ, Italy to Debate Marijuana Legalization, More... (7/21/16)

There's a job opening for an experienced marijuana activist in DC, Libertarian Gary Johnson endorses California's legalization initiative, three European countries are making marijuana policy moves, and more.

It looks like medical marijuana is coming to Greece. (wikimedia.org)
Marijuana Policy

Libertarian Presidential Candidate Endorses California Legalization Initiative. Former Republican New Mexico Gov. Gary Johnson, who heads the Libertarian Party presidential ticket, has endorsed California's Prop 64 legalization initiative. "Why do I support it?" Johnson responded to a question while leaving the Republican National Convention. "Whether you agree with marijuana legalization or not, you have friends, family, coworkers that use marijuana," the former New Mexico governor said. "Are they criminal? No, they're not criminal." California Democrats have already endorsed the measure, and the national Democratic Party recently adopted a "pathway to legalization" as part of its platform. The Republicans, on the other hand, recently rejected supporting even medical marijuana.

Job Opening: NORML Seeks a New Director. In the wake of the resignation of long-time executive director Allen St. Pierre, the nation's largest marijuana consumer group is seeking a new leader. Click on the link for information about job requirements and more.

Drug Testing

New OSHA Rule Warns on Blanket After-Injury Drug Testing. The federal Occupational Safety and Health Administration (OSHA) has issued a final rule for the electronic submission of injury and illness data for certain employers, and in doing so, the agency warns that "OSHA believes the evidence in the rulemaking record shows that blanket post-injury drug testing policies deter proper reporting." Policies mandating automatic post-injury drug testing can discourage reporting of accidents and injuries, OSHA said, adding that blanket testing may be inappropriate: "Although drug testing of employees may be a reasonable workplace policy in some situations, it is often perceived as an invasion of privacy, so if an injury or illness is very unlikely to have been caused by employee drug use, or if the method of drug testing does not identify impairment but only use at some time in the recent past, requiring the employee to be drug tested may inappropriately deter reporting. To strike the appropriate balance here, drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use."

Law Enforcement

Maryland Gives Up on Plan to Ban Letters to Prisoners to Fight Drug Smuggling. State corrections officials have withdrawn a proposed ban on sending letters to prison inmates in an a bid to stop the smuggling of drugs that can be soaked into photos and paper. Public Safety and Correctional Services Secretary Stephen Moyer had proposed the idea last month, but has now folded in the face of opposition from lawmakers and civil liberties advocates, who called the ban extreme and unconstitutional.

International

Italian Parliament Takes Up Marijuana Legalization on Monday. The Chamber of Deputies is expected to debate a legalization bill on Monday. The bill would legalize the possession of up to 15 grams at home and five grams outside the home, the cultivation of up to five plants for personal use, the creation of cannabis social clubs, and a regulated and licensed marijuana industry in the country.

Medical Marijuana Bill Filed in Ireland. An opposition member of the Dail has introduced a medical marijuana bill. Deputy Brid Smith of the Anti-Austerity Alliance/People Before Profit Party filed the measure, which envisions a Cannabis Regulation Authority and a licensing regime. The bill will be debated later as a private member's bill.

Greece Moving Forward on Medical Marijuana. The Health Ministry this week announced the formation of a working group of academics, psychiatrists, and scientific and legal advisers for the prime minister, the health ministry, and the justice ministry to begin examining issues around medical marijuana. The group's task is to propose feasible regulations for medical marijuana, and it is charged to submit its proposals by the end of October.

(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.)

Medical Marijuana Update

Some senators take a tiny first step on medical marijuana, a California pot-growing county approves a massive medical marijuana farm, Montanans will have the chance to reinstate their medical marijuana system in November, and more.

National

Last Friday, a CBD research bill was filed in the Senate. Four members of the Senate Judiciary Committee, Sens. Dianne Feinstein (D-CA), Chuck Grassley (R-IA), Patrick Leahy (D-VT), and Tom Tillis (R-NC), filed the Cannabidiol Research Expansion Act (S. 3269). The bill would require the attorney general to determine whether CBD should be considered a separate substance from marijuana and whether it should be rescheduled or removed from the Controlled Substances Act.

California

Last Friday, Humboldt County approved a massive medical marijuana farm. The Emerald Triangle pot-growing county has approved its first medical marijuana grows under new regulations adopted this year. One is a quarter-acre mixed-light farm in Carlotta and the other is a seven-acre outdoor grow and processing center in Honeydew.

Montana

Last Wednesday, a medical marijuana initiative qualified for the ballot. An initiative aimed at reestablishing the state's medical marijuana system has qualified for the November ballot, state officials said. The I-182 initiative would reverse restrictions imposed by the legislature in 2011 and, after lengthy court challenges, set to go into effect on August 31. Voters had approved the state's medical marijuana system in 2004.

Rhode Island

Last Wednesday, the governor signed a bill allowing medical marijuana for PTSD. Gov. Gina Raimondo (D) signed into law a bill that will allow medical marijuana to be recommended for the treatment of PTSD symptoms.

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

Chronicle AM: New England Pot Polls, First FL MedMJ Dispensary Set to Open, More... (7/20/16)

A Massachusetts poll has the marijuana legalization initiative losing, a New Hampshire poll shows record support for legalization, Florida's first dispensary gets the okay to open, Illinois protects drug court participants' opioid treatment access, and more.

Marijuana Policy

Massachusetts Poll Has Legalization Initiative Losing, But… A new poll from Gravis Marketing has 51% opposed to the legalization initiative sponsored by the Campaign to Regulate Marijuana Like Alcohol, with only 41% saying they would vote for it. The poll was commissioned by a conservative political action committee called Jobs First, and Gravis used "instant voice recognition" to conduct the survey. Gravis said the poll's margin of error was +/- 3.3%.

New Hampshire Poll Has Record Support for Legalization. A whopping 61% of respondents said they supported legalizing small amounts of marijuana in a new WMUR Granite State poll. The strong support for freeing the weed comes as even as 43% of respondents named illegal drug use as the most important problem facing the state. Illegal drug use has been cited as the state's top problem in every WMUR since October 2015.

Medical Marijuana

Florida's First Dispensary Gets Okay to Open. The state Department of Health Wednesday granted a formal Authorization to Process and Authorization to Dispense to the Trulieve dispensary in Tallahassee. The shop will begin selling low-THC marijuana products beginning immediately, with high-THC products available early next month.

Heroin and Prescription Opioids

Illinois Governor Signs Bill to Protect Drug Court Participant Opioid Treatment Access. Gov. Bruce Rauner (R) last week signed into law a bill that will prevent drug court judges from barring participants from using medications doctors prescribe to treat opiate addiction. The measure will go into effect January 1.

Chronicle AM: IL Gov Signs "Bath Salts" Ban, AZ Legalization Battle Heats Up, More... (7/20/16)

Voters in Arizona can now read arguments for and against the marijuana legalization initiative, legalization opponents don't want to let them have a chance to vote on it, "bath salts" will be banned in Illinois, and more.

"Bath salts" (synthetic cathinones) will be banned in Illinois. (MN Dept of Health)
Marijuana Policy

Arizona Legalization Initiative Pro-Con Arguments Pamphlet is Available. The secretary of state's office has made available online the arguments for and against the legalization initiative sponsored by the Campaign to Regulate Marijuana Like Alcohol. Anyone willing to cough up the $75 fee to comment could do so. Eight people turned in arguments on the "pro" side, while 40 turned in "con" arguments. Registered voters will also receive a paper copy of the arguments in the mail before election day.

Arizona Chamber of Commerce Joins Lawsuit Against Legalization Initiative. The state Chamber of Commerce and Industry has joined with the anti-legalization group Arizonans for Responsible Drug Policy in attempting to block the legalization initiative via a lawsuit. The lawsuit claims the materials used to get voters to sign petitions were fraudulent and misleading. In a hearing today, a judge gave the initiative campaign several weeks to respond.

New Psychoactive Substances

Illinois Governor Signs "Bath Salts" Ban Bill. Gov. Bruce Rauner (R) Monday signed into law Senate Bill 210, the Bath Salts Prohibition Act, to go into effect January 1. The new law makes it a class 3 felony to sell or offer for sale "any synthetic or natural material containing any quantity of a cathinone chemical structure." The law also will allow local governments to revoke the licenses of retailers who are convicted of a violation.

International

New Zealand Treasury Documents Suggest Annual Pot Tax Revenues of $150 Million. The documents from an informal Treasury report obtained under the Official Information Act reveal that the government spends about $400 million annually enforcing prohibition and that reforming drug policies would "ease pressure on the justice sector, and lead to fewer criminal convictions for youth and Maori." Treasury estimated legalizing marijuana alone could generate annual tax revenues of $150 million.

California: What Will Marijuana Legalization Look Like? [FEATURE]

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

Twenty years ago, California led the way on weed, becoming the first state in the nation to approve medical marijuana. Now, while it's already lost the chance to be the first to legalize recreational use, the Golden State is poised to push legal pot past the tipping point.

Although voters in Colorado and Washington first broke through the grass ceiling in 2012, with Alaska, Oregon, and Washington, DC, following suit in 2014, if and when Californians vote to legalize it this coming November, they will more than triple the size of the country's legal marijuana market in one fell swoop.

It's not a done deal until election day, of course, but the prospects are very good. The Adult Use of Marijuana Act (AUMA) legalization initiative is officially on the ballot as Proposition 64, it has cash in the bank for the campaign (more than $8 million collected so far), it has broad political support, including Lt. Gov. Gavin Newsom (D) and at least four California US representatives, and it has popular support, with the latest poll showing a healthy 60% of likely voters favor freeing the weed.

It's also that the surfer's paradise is riding a weed wave of its own creation. Thanks in large part to the "normalization" of the pot business that emerged out of California's wild and wooly medical marijuana scene, the national mood about marijuana has shifted in recent years. Because of California, people could actually see marijuana come out of the shadows, with pot shops (dispensaries) selling it openly to anyone with an easily obtained doctor's recommendation and growers turning parts of the state in pot cultivation hotbeds. And the sky didn't fall.

At the same time, the shift in public opinion has been dramatic. According to annual Gallup polls, only a quarter of Americans supported marijuana legalization when California voted for medical marijuana in 1996, with that number gradually, but steadily, increasing to 44% in 2009, before spiking upward ever since then to sit at 58% now.

California isn't the only state riding the wave this year -- legalization will also be on the ballot in Maine and Nevada and almost certainly in Arizona and Massachusetts -- but it is by far the biggest and it will help the state regain its reputation as cutting edge on social trends, while also sending a strong signal to the rest of the country, including the federal government in Washington.

But what kind of signal will it send? What will legalization look like in the Golden State? To begin, let's look at what Prop 64 does:

  • Legalizes the possession of up to an ounce of marijuana and the cultivation of up to six plants (per household) by adults 21 and over.
  • Reduces most criminal penalties for remaining marijuana offenses, such as possession or cultivation over legal limits or unlicensed distribution, from felonies to misdemeanors.
  • Regulates the commercial cultivation, processing, distribution, and sale of marijuana through a state-regulated licensing system.
  • Bars commercial "mega-grows" (more than ½ acre indoors or 1 acre outdoors) until at least 2023, but makes provisions for licensed "microbusinesses" (grows smaller than 10,000 square feet).
  • Allows for the licensing of on-site consumption premises, or "cannabis cafes."
  • Allows cities and counties to regulate or even prohibit commercial marijuana activities, but not prohibit personal possession and cultivation.
  • Taxes marijuana at 15% at the retail level, with an additional $9.25 per ounce cultivation tax imposed at the wholesale level.

In other words, pot is largely legalized and a taxed and regulated market is established.

Some changes would occur right away, advocates said.

"The criminal justice impact will be huge and immediate, and it will start on November 9," said Lynne Lyman, California state director for the Drug Policy Alliance (DPA), which is backing Prop 64 not only rhetorically, but also with its checkbook through its lobbying and campaign arm, Drug Policy Action.

California arrests about 20,000 people a year for marijuana felonies and misdemeanors, currently has about 10,000 people incarcerated for pot offenses, and has as many as half a million people with pot convictions on their records. Things are going to change in a big way for all these people.

"Those marijuana arrests will stop," said Lyman. "And everyone currently sitting in jail or prison will be eligible to apply for release. They will have to file a petition, but like Prop 47 [the sentencing reform initiative passed in 2014], unless there is a compelling reason to deny it, the court must grant it. Similarly, all those people who have had marijuana offenses will be eligible to have their record reclassified."

To be clear, it will still be possible to be arrested for a marijuana offense in California after Prop 64. Possession of more than an ounce (or more than four grams of concentrate) will be a crime punishable by up to six months in jail and possession of less than an ounce can be a misdemeanor offense if it is on school grounds during school hours.

Similarly, cultivation of more than six plants without being a permitted medical marijuana patient or without a license is still a crime, but typically only a misdemeanor punishable by a maximum of six months in jail. There are some exceptions: Illegal growers could be charged with a felony if the person has prior violent offenses or violates state water or environmental laws.

Minors get special treatment. Kids under 18 who get caught with pot are hit with an infraction punishable by drug education, counseling, or community service, but no fines. People between 18 and 21 get an infraction with a maximum $100 fine. And while adults who possess pot on a school grounds during school hours get a misdemeanor, kids under 18 will only be hit with an infraction.

"We want to reduce the number of young people getting into the system, and this will really dial down the firehose into mass incarceration," said Lyman.

The state's largest marijuana consumer group, California NORML, certainly likes those provisions, but it only gives Prop 64 one thumb up and foresees some issues down the road.

"We're supporting the AUMA with reservations," said the group's long-time head Dale Gieringer. "It's not the best initiative ever written -- it has some problems that will have to be addressed -- but it is an important step. The huge thing it does is legalize adult possession of an ounce and adult cultivation of up to six plants. That's big. And it turns cultivation and possession with intent felonies into misdemeanors, or at worst, wobblers," meaning prosecutors could only in limited cases charge them as felonies.

"The AUMA is very long and complicated, with unnecessary hang-ups and restrictions," Gieringer complained, citing bans on public smoking and vaping as examples.

"In places where there are bans on smoking in apartments or residences, in public is about the only place you can smoke. If it's illegal to smoke pot in a public place, people will be hard-pressed to find any place," he said. "You can't even vaporize in a public place, and that's totally out of line with the existing science. They just caved in to the powerful anti-smoking lobby on that, and we can't endorse that."

The CaNORML membership also includes pot farmers, of which the group estimates there are some 30,000 in the state. They are nervous, Gieringer said.

"We have a lot of small growers and they have a lot of issues," he explained. "They are concerned about regulatory provisions they fear could quickly push small growers out of the business. AUMA requires you to be an in-state resident, and we're already growing more than we need, yet we have out-of-state sponsors lining up behind in-state sponsors."

Indeed, earlier this month, the state industry's largest membership group, the California Growers Association, voted to remain neutral on Prop 64 -- or least for now -- after its membership split almost down the middle on whether to support it. Growers, including association head Hezekiah Allen, worried that big-money investment and consolidation of the industry impelled by huge "mega-grows" could wipe out the now generations-old traditional pot farming scene in the stat's North Coast.

Allen warned in a report to the group's board that such consolidation could "result in a catastrophic economic collapse for huge swathes of California," including the North Coast's Emerald Triangle.

Stoners may have to fight for the right to toke and pot farmers for their place in the market, but some of the communities most buffeted by drug prohibition should see benefits. Prop 64 contains language that will direct revenues to minority communities, and also opens the door for localities themselves to take proactive steps toward racial justice.

"The AUMA has a community reinvestment fund with the first revenues available in 2019," said DPA's Lyman, adding that it will be $10 million the first year and up to $50 million a year in the futre. "This is going to communities most impacted by the drug war, black and brown communities, and will include everything from legal services, to public health and economic development. The communities will be able to decide."

Localities will also be deciding on how to implement regulation of the legal market, and that is another opportunity, Lyman said.

"Hopefully, we will see things like what happened in Oakland, where under the new regulations, 50% of the new licenses have to be from the community," she said. "We hope other cities will do that to mitigate racial discrimination and the injustice of the past by prioritizing people of color and women, so we don't end up white a bunch of white men getting rich off what black and brown people have endured. DPA will be very involved in this."

Somebody is going to be making money, though. The state's marijuana market, estimated at $2.7 billion for medical last year, could quickly hit $7 billion under legalization.

"I see tremendous potential for a blossoming of cannabis opportunities," said veteran California marijuana activist, author, and historian Chris Conrad, who has become a pro-Prop 64 spokesman under the rubric of Friends of Prop 64. "Of course, the size of the industry will be impacted by the need to limit the market to intra-state rather than national or international. Given that California is the world's sixth largest economy and has the largest appetite for cannabis in the world, the state's nonmedical market is going to be sizeable."

Legalization will bring changes from price reductions to changing product lines, he said.

"Overall marijuana production is expected to soar, prices to come down and probably a lot more cannabis will be converted into extracts and expand or open new markets for personal hygiene products, topical remedies and essential oils," Conrad predicted. "There will be large-scale cannabis production that is homogenized with relatively low to medium potency, but still of better quality than Mexican brick weed. But we will never replace the boutique markets any more than Budweiser has eliminated microbreweries or 'Big Wine' has wiped out California's family vintners."

And it's not just marijuana, but pot-related businesses that will boom, said DPA's Lyman.

"Formalizing regulations for the first time will expand the industry, and there will be lots of ancillary industries, such as marketing, packaging, and tracking, that should all thrive in post-legalization California," she said.

"There will be new ancillary markets for products such as locking stash boxes for people to carry their cannabis while driving, toking stations near entertainment venues and discrete, low-wattage, six-plant cultivation tents specialized for use in condos and apartments," added Conrad.

Conrad said he expected counties and cities will opt in to the revenues from allowing pot commerce instead of locking themselves out with bans.

"The distribution around the state will likely be porous, some areas more saturated and others with less access," he said. "Since towns will be licensing lawful businesses and no longer will be at the mercy of the county prosecutors' discretion, I expect to see a general spread of retail sites and onsite consumption shops around the state. Not in every town, not as obnoxious and omnipresent as liquor stores, but not too far away, either."

We shall see.

"You can't predict the future," said Gieringer. "It will be a new situation. Medical marijuana here evolved through several different stages, and I expect the same process to unfold here with the Adult Use of Marijuana Act. On balance, the AUMA is an important step, but it's not the end game, and it leaves us with unresolved problems."

You may not be able to predict the future, said Lyman, but you can influence it.

"This will be a work in progress," she said. "The long-term work of implementation starts on November 8. We have to be there. To continue to be engaged will be critical."

But even under state level legalization in California, as long as there is pot prohibition somewhere in America, there will be Golden State growers ready to supply the market.

"The one thing everyone needs to recognize is that this does not end the problem of illegal marijuana growing in California," said Gieringer. "The industry has been well-entrenched for generations and is currently supplying the rest of the country, too. That market isn't going to disappear. The more expensive and difficult it is to become legal, the more people will likely participate in that black market."

Chronicle AM: Congress Passes Opioid Bill, RI Gov Signs PTSD Bill, MT Init Qualifies, More... (7/14/16)

Governors use their bill-signing pens in Rhode Island and North Carolina, a new poll has surprisingly strong support for marijuana legalization in Wisconsin, Montanans will vote on medical marijuana in November, and more.

People with PTSD will now be able to use medical marijuana in Rhode Island. (Wikimedia.org)
Marijuana Policy

Wisconsin Poll Has Strong Majority for Marijuana Legalization. A Marquette Law School poll released Wednesday has a whopping 59% support for freeing the weed in the Badger State. The poll question asked whether pot should be "fully legalized and treated like alcohol." The level of support is up dramatically from September 2014, when voters asked a similar (but not identical) question about legalization only gave it 46% support.

Medical Marijuana

Montana Medical Marijuana Initiative Qualifies for the Ballot. An initiative aimed at reestablishing the state's medical marijuana system has qualified for the November ballot, state officials said Wednesday. The I-182 initiative would reverse restrictions imposed by the legislature in 2011 and, after lengthy court challenges, set to go into effect on August 31. Voters had approved the state's medical marijuana system in 2004.

Rhode Island Governor Signs Bill to Allow Medical Marijuana for PTSD. Gov. Gina Raimondo (D) Wednesday signed into law a bill that will allow medical marijuana to be recommended for the treatment of PTSD symptoms.

Heroin and Prescription Opioids

Congress Passes Major Heroin and Opioids Bill, But Doesn't Adequately Fund It. The Senate voted Wednesday to send opioid legislation known as the Comprehensive Addiction and Recovery Act (CARA) to President Obama for his signature. The House voted last week 407-5 to approve CARA. The bill advances a large number of treatment and prevention measures intended to reduce prescription opioid and heroin misuse, including evidence-based interventions for the treatment of opioid and heroin addiction and prevention of overdose deaths. This bill, however, does not provide federal funding. Republican leadership have maintained that opioid funding must be appropriated through regular order and have repeatedly pledged to fund the programs authorized in CARA this year. Advocates urge Congress to deliver on this promise.

Harm Reduction

North Carolina Governor Signs Bill to Allow Needle Exchanges. Gov. Mike McCrory (R) Monday signed into law House Bill 972, which authorizes the operation of needle exchange programs by local governments.

International

Indian MP Calls for Legalization of Recreational Drugs. MP Dr. Dharamvira Ghandi said Wednesday he is crafting an amendment to the Narcotic Drugs and Psychotropic Substances Act to legalize recreational drugs. Gandhi has been working with Delhi-based lawyers and professionals on a draft of the bill. He says drug prohibition has failed. "Punitive measures to combat the supply of drugs failed miserably, as demand for drugs had exhibited an exponential growth, leading to creation of drug mafias that provided continuous supplies, regardless of the harshest provisions for punishment," he said. "It has dawned upon countries worldwide that by decriminalizing certain substances that pose minimal health risks, and by following harm reduction policies, the demand for harmful and killing medical drugs had dropped drastically, along with the offences committed. Certain Indian states are currently facing a massive drug problem, with citizens between 15-40 years of age abusing drugs, and this has caused considerable harm to society in general, and the youth in particular."

Medical Marijuana Update

The Republican platform committee rejects medical marijuana, medical marijuana research issues get a hearing in the Senate, Arkansas will vote on at least one medical marijuana initiative this fall -- maybe two -- and more.

National

On Monday, the GOP rejected a medical marijuana platform plank. Republican delegates meeting Monday in Cleveland ahead of the party's national convention voted against endorsing medical marijuana in their party platform. The vote came after contentious debate, with some delegates making claims about marijuana reminiscent of Reefer Madness. One delegate claimed people who commit mass murders are "young boys from divorced families, and they're all smoking pot," another compared medical marijuana to physically addictive and potentially lethal prescription opiates. Still, it took two voice votes for the measure to be voted down.

On Tuesday, a Senate subcommittee held a hearing on medical marijuana research. The US Senate Judiciary Subcommittee on Crime and Terrorism held the hearing on "Researching the Potential Medical Benefits and Risks of Marijuana." Testimony was heard from Sens. Kirsten Gillibrand (D-NY) and Cory Booker (D-NJ), who are original co-sponsors of medical marijuana legislation introduced last year in the Senate known as the Compassionate Access, Research Expansion, and Respect States (CARERS) Act (S 683). Other scheduled included officials from the National Institute on Drug Abuse (NIDA) and the Food and Drug Administration (FDA), among others.

Also on Tuesday, Senators Feinstein and Grassley called for expedited evaluation of the medical uses of CBD. The two Senate octogenarians have asked Attorney General Loretta Lynch and Health and Human Services Director Sylvia Burwell for the two agencies to work together to remove barriers to the scientific and medical evaluation of cannabidiol (CBD). The pair, who are, respectively, the co-chair and chair of the Senate Caucus on International Narcotics Control, made their request in a letter to the two agency heads.

Arkansas

Last Tuesday, the Arkansas Medical Cannabis Act qualified for the November ballot. Arkansans for Compassionate Care (ACC) has collected enough valid voter signatures to qualify its medical marijuana initiative for the November ballot, Secretary of State Mack Martin confirmed. A second initiative, the Arkansas Medical Marijuana Amendment, has yet to qualify for the ballot, and ACC is calling on its organizers to end their campaign and join forces.

Last Friday, supporters of the Arkansas Medical Marijuana Amendment handed in signatures. Backers of a proposed constitutional amendment to allow medical marijuana turned in more than 106,000 signatures to state officials, the last day for turn-ins. They need nearly 85,000 valid voter signatures, so this is going to be a nail-biter. Earlier this week, a competing medical marijuana initiative from Arkansans for Compassionate Care qualified for the ballot.

On Tuesday, the Health Department came out against the medical marijuana initiatives. The state Department of Health said in a statement that it opposed such initiatives because marijuana is not approved by the federal Food and Drug Administration and its legalization by popular vote is not grounded in "rigorous" science. A medical marijuana initiative from Arkansans for Compassionate Care has already qualified for the ballot, and the Arkansas Medical Marijuana Amendment has handed in some 106,000 signatures. It needs 85,000 valid ones to qualify.

California

Last Tuesday, the San Bernardino city council voted to put a dispensary regulatory system before the voters. The city council voted to put the measure on the November ballot even though a majority disapproves of it. Their hand was forced by a petition campaign that gathered more than 6,000 voter signatures. A second, competing proposal may also make the ballot.

Also last Tuesday, a Long Beach dispensary initiative qualified for the November ballot. City Clerk Maria de la Luz Garcia announced that an initiative to allow dispensaries has qualified for the November ballot. A city council member may try to add another ballot measure that would allow dispensaries, but with more restrictions.

Illinois

On Monday, officials reported climbing medical marijuana sales. The state saw $2.57 million in medical marijuana sales in June, up from $2.3 million in May, according to figures from the state Department of Agriculture. Sales total $13.8 million since the first dispensaries started operating last November. The numbers should increase even further once two new qualifying conditions -- PTSD and terminal illness -- come on line. They've already been approved, but the Department of Health is in the midst of preparing new rules and application forms.

Maine

On Tuesday, Mthe state rejected including opiate addiction as a qualifying condition for medical marijuana. The administration of Tea Party Gov. Paul LePage (R) has rejected a petition seeking to include opiate addiction on the state's list of qualifying conditions for medical marijuana. State officials said the case for inclusion was "compelling," but they also said human studies hadn't been done and more research was needed.

North Dakota

On Monday, a medical marijuana initiative campaign handed in signatures. The North Dakotans for Compassionate Care campaign handed in some 15,500 raw signatures for its medical marijuana initiative Monday, the last day for handing them in. The campaign needs 13,452 valid voter signatures to qualify, so there is very little cushion for invalidated signatures. Stay tuned.

On Wednesday, word came that the initiative campaign actually handed in 17,000 signatures. The North Dakotans for Compassionate Care campaign actually handed in some 17,000 raw signatures for its medical marijuana initiative Monday. Earlier reports had the number at 15,500. It's still going to a nail-biter to see if it qualifies for the ballot; it needs 13,452 valid voter signatures.

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

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