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Chronicle AM: DEA Snitching Issues, Dutch Towns Want Regulated Marijuana Grows, More (11/30/15)

Marijuana Policy

Cherokee Chief Vetoes Marijuana Legalization Study Resolution. The principal chief of the Eastern Band of Cherokee Indians, Patrick Lambert, has vetoed a resolution authorizing a feasibility study to examine the "issues and impacts associated with the legalization of cannabis" on tribal lands. "I have stated my opposition to the recreational use of drugs many times, and this includes marijuana," Chief Lambert wrote in his veto letter to Tribal Council Chairman Bill Taylor. Tribal members supporting legalization, organized as Common Sense Cannabis, responded with a statement saying Lambert was misguided: "In Chief Lambert's veto letter, he solely focuses on the 'recreational' marijuana, in which we call personal use. He cites recreational drug use as the problem in our community. While he is right about drug use as a problem, it does not stem from cannabis use. The problem lies with legal prescription pills and other synthetics, such as meth and heroin." The group is calling for the veto to be overridden in a tribal council meeting this Thursday.

Medical Marijuana

Florida Approves Five Medical Marijuana Growers. The state Department of Health has named the five operations that will be allowed to grow high-CBD, low-THC marijuana. The state's law limits the use of oils derived from the plants to patients suffering from cancer or a disease that "chronically produces symptoms of seizures or severe and persistent muscle spasms that can be treated with low-THC cannabis."

New Hampshire Woman Wins Approval to Seek Medical Marijuana in Maine. A woman suffering from late-stage lung cancer can seek to buy medical marijuana in neighboring Maine, a judge ruled last Tuesday. Linda Horan, 64, said she could be dead by the time dispensaries open in New Hampshire, so she sued the state to get an ID card that would allow her to purchase it in Maine. The state had argued that issuing her an ID card would undermine its need to control distribution, but the judge wasn't buying that argument. "She is suffering from a painful, terminal disease and is also undergoing chemotherapy. There is no dispute that cannabis can ameliorate some of her suffering," wrote Judge Richard McNamara. "She will suffer irreparable harm if relief is not granted."

Law Enforcement

Justice Department Inspector General Slams DEA Snitch Practices. In its semiannual report to Congress, the DOJ's OIG criticized the DEA for failing to have guidelines for the use of "high-level and media-affiliated sources," failing to effectively review snitches' authorization to conduct "Otherwise Criminal Activity," and failing to review its continued use of long-term snitches. The report also noted that the DEA was at times uncooperative, including efforts to obstruct the OIG's reviews of snitch file reviews and long delays in providing requested information.

International

European Parliamentary Council Calls for Public Health-Oriented Drug Policy. The Parliamentary Assembly of the Council of Europe, in advance of next year's UN General Assembly Special Session (UNGASS) on Drugs, has called for a public health approach to drug policy. "The Committee on Social Affairs, Health and Sustainable Development of the Parliamentary Assembly of the Council of Europe stresses that the world drug problem constitutes a major public health threat, for both individual drug users and society as a whole… the committee strongly supports the call for a change in approach to drug policy and calls on member States to adopt and promote a public-health-oriented drug policy based on prevention, treatment and harm reduction. It also invites all participants of the UN General Assembly Special Session on the World Drug Problem to defend a new approach to drug policy, which should shift the emphasis from criminal justice to public health."

Dutch Localities Call for Regulated Marijuana Cultivation. The association of Dutch localities, VNG, has issued a new report calling for the government to regulate and license marijuana cultivation as a means of squeezing out smugglers and organized crime. The Dutch allow for the sale of small amounts of marijuana, but there is no legal provision for supplying the crop. 'The current situation cannot continue,' the report states. 'As local officials, we are experiencing major social problems… By turning a blind eye [to marijuana], the government is giving criminals free rein to sell their products. The cannabis industry is loosely entwined with organized crime, which is also involved in ecstasy and human trafficking," the report says.

Uttarkakhand to Become First Indian State to Allow Hemp Cultivation. The state government is now allowing farmers to grow hemp plants with less than 1.5% THC for industrial purposes. The crop can only be sold to the state government, not private buyers.

Mounting Pressure on DEA Head to Resign For Calling Medical Marijuana "A Joke"

Medical marijuana patients and supporters gathered today at DEA headquarters in Arlington, Virginia, to hand in more than 100,000 petition signatures demanding the resignation or firing of DEA Administrator Chuck Rosenberg after he called medical marijuana "a joke."

Medical marijuana is no joke said 100,000 signatures delivered to the DEA today. (wikimedia.org)

The petition, which was started only two weeks ago, has more than doubled the number of signatures on an earlier petition that helped prompt the ouster of Rosenberg's predecessor, former DEA head Michele Leonhart.

After walking from the nearby site of the International Drug Reform Conference, the group held a brief press conference in front of the DEA building. It was led by petition organizer Tom Angell of Marijuana Majority, whose own mother is a patient.

"My mom uses medical marijuana to deal with the severe pain caused by multiple sclerosis," he said. "This issue is no laughing matter for her and millions of other people who have seen the benefits of cannabis for themselves."

Also addressing the press conference were medical marijuana patients and the parents of young medical marijuana patients.

"There is no doubt that my son Jagger is alive today because of medical cannabis," said Sebastian Cotte, who helped carry the petitions. "Cannabis has tremendously decreased the pain and seizures caused by his mitochondrial disease, while improving his quality of life. For our family, this is no joke."

"There's nothing funny about suicidal thoughts, and those are something my family and I lived with day-to-day die to my military-related PTSD," said Navy veteran T.J. Thompson. "Using medical marijuana not only helps with my condition, but it has also had the added effect of making me a better father and husband."

Medical marijuana is now legal in 23 states, the District of Columbia, and Guam, and 17 more states have more limited laws allowing for the use of marijuana extracts, primarily for children suffering seizure disorders. According to Americans for Safe Access, which supported the petition, more than two million Americans now use medical marijuana in accordance with state laws.

An ever-increasing mountain of scientific studies have shown that medical marijuana is beneficial in alleviating the symptoms of serious conditions, including cancer, AIDS, epilepsy, and many others. With his remarks about medical marijuana as "a joke," DEA head Rosenberg made clear that he was either ignorant of the science around medical marijuana or indifferent to it.

The petition delivery came one day after a bipartisan group of members of Congress sent a letter to President Obama calling for Rosenberg's head, saying his comments "send a clear signal to the American people that the federal government isn't listening to them. It erodes trust. Cavalier statements like these fly in the face of state policy and the experience of millions of patients."

The letter blasted Rosenberg's statements as relics of "a throwback ideology rooted in the failed war on drugs" and accused him of "trivializing" both the science and the experience of millions of American who have used medical marijuana.

"Mr. Rosenberg's statements send a clear signal to the American people that the federal government isn't listening to them…Through his statements, Mr. Rosenberg has demonstrated that he is not the right person to hold the job of head of the DEA, and we urge you to find new leadership that can work to develop the right tools to properly rationalize our treatment of marijuana," the letter said.

It was signed by Reps. Earl Blumenauer (D-OR), Steve Cohen (D-TN), Sam Farr (D-CA), Jim McDermott (D-WA), Dana Rohrabacher (R-CA), and Ted Lieu (D-CA). Blumenauer himself took to the House floor to echo the call for Rosenberg's resignation or firing.

"This is going to be a political problem for the Obama administration until they fix it," warned Angell.

Arlington, VA
United States

Medical Marijuana Update

A petition calling on President Obama to fire the DEA head keeps getting more signatures, the Florida medical marijuana initiative is halfway home on signature gathering, a New Jersey school becomes the first in the country to allow medical marijuana on campus, and more. 

National

Last Friday, a petition to fire the DEA head for calling medical marijuana "a joke" had 16,000 signatures. People so inclined can add theirs here. Actually, the petition now has some 27,000 signatures, having gained 11,000 more since the linked story was published yesterday.

By Monday, the petition had more than 80,000 signatures. Uh, make that 83,044 signatures at latest count. DEA Administrator Chuck Rosenberg is still getting heat over his statement that medical marijuana is "a joke." It's just his latest comment suggesting the nation's top drug cop is not that well-informed in his subject area.

California

Last Tuesday, the Newport Beach city council gave first approval to a medical marijuana ban. The council voted unanimously to approve the first reading of the ordinance, which will ban the cultivation, processing, distribution, and even delivery of medical marijuana. The city is acting to avoid losing licensing and regulatory authority under the Medical Marijuana Regulation and Safety Act, which was signed into law last month. The law says that if localities fail to enact rules or bans by year's end, the state will have sole licensing and regulatory authority there.

Florida

Last Friday, the state Supreme Court canceled its medical marijuana initiative hearing. Backers of a 2016 medical marijuana initiative have just seen one obstacle removed from their path. After Attorney General Pam Bondi (R) announced she would ask the high court to block the initiative, the state Supreme Court has canceled a hearing on it set for December 8. The initiative from United for Care is already well-advanced in the signature gathering process. A similar initiative failed last year with 58% of the vote—60% was needed because it was a constitutional amendment.

As of Monday, the medical marijuana initiative had nearly half the necessary signatures. The initiative from United for Care has already gathered 342,582 valid voter signatures. That puts it half-way to the 683,179 valid voter signatures to place the initiative on the November 2016 ballot. Petitioners have until February to get the rest of the signatures.

Illinois

ByMonday, more than $200,000 worth of medical marijuana had been sold in the state's first week of sales. Only a handful of dispensaries are open in the state, but they took in $211,000 in sales after opening last Monday. The medi-weed was selling for around $450 an ounce, or $16 a gram.

Maryland

Large Number of Applicants Will Delay Maryland Program. Nearly 900 people have applied to grow or sell medical marijuana in the state, and that is going to delay the program's rollout, Hannah Byron, the executive director of the state's medical marijuana commission said Thursday. She said the commission will extend the application period and revise the timeline, which had originally anticipated the first stage of the application review would be done by January.

Missouri

As of last Friday, Kansas City hospitals were denying cannabis oil to epileptic patients. That's Kansas City, Missouri. The state passed a law last year allowing for such use, but no hospitals in the Kansas City area will allow their doctors to write a recommendation. The hospitals cite lack of standardized dosages for children and concerns about side-effects and interactions with other medications. Children's Mercy Hospital in Kansas City will start a study on cannabis oil for epileptic patients next year, but has no plans to widely recommend it. On the other side of the state, the Comprehensive Epilepsy Care Center in St. Louis does allow doctors to write recommendations.

New Jersey

Last Wednesday,a Garden State school became the first in the nation to permit medical marijuana on campus. The Larc School in Bellmawr Wednesday night adopted a policy allowing a teenage girl with autism and epilepsy to consume medical marijuana edibles while at school. The move comes just two days after Gov. Chris Christie (R) signed into law a bill requiring school districts to adopt such policies.

Chronicle AM: Canada Starts to Move on Legalizing Pot, Irish Cops Support Heroin Decriminalization, More (11/16/15)

Nick Scutari tries to get the marijuana legalization ball rolling in New Jersey, a petition calling for the DEA head to be fired is going strong, Democratic candidates talk drug and crime policy at the debate, Canada moves toward pot legalization, Irish cops support heroin decrim, and more. 

Ireland's drugs minister wants to decriminalize heroin, and the cops are on board with it. (wikimedia.org)
Marijuana Policy

New Jersey Legislative Hearing on Pot Legalization Today. Sen. Nicholas Scutari (D), who filed a marijuana legalization bill, S 1896, earlier this session, is holding a hearing on the topic today. Today's witnesses will include supporters of marijuana law reform; opponents will get a chance to opine at a later hearing. No vote is expected today. "A journey of a thousand steps starts with the first," said Scutari, who as chairman of the Senate Judiciary Committee, called the hearing. "The first step was introducing the bill and this is the natural next step — to talk about the benefits of legalization and the negative impact prohibition has had."

Medical Marijuana

Petition To Fire DEA Head Over Medical Marijuana "Joke" Comment Has 80,000 Signatures. Uh, make that 83,044 signatures as of mid-afternoon today. DEA Administrator Chuck Rosenberg is still getting heat over his statement that medical marijuana is "a joke." It's just his latest comment suggesting the nation's top drug cop is not that well-informed in his subject area.

Florida Supreme Court Cancels Medical Marijuana Initiative Hearing. Backers of a 2016 medical marijuana initiative have just seen one obstacle removed from their path. After Attorney General Pam Bondi (R) announced she would ask the high court to block the initiative, the state Supreme Court has canceled a hearing on it set for December 8. The initiative from United for Care is already well-advanced in the signature gathering process. A similar initiative failed last year with 58% of the vote—60% was needed because it was a constitutional amendment.

Illinois Sees More Than $200,000 in Medical Marijuana Sales in First Week. Only a handful of dispensaries are open in the state, but they took in $211,000 in sales after opening last Monday. The medi-weed was selling for around $450 an ounce, or $16 a gram.

Heroin and Prescription Opiates

EEOC Sues Employer Who Refused to Hire Methadone User. In its latest lawsuit against employers taking actions against prescription medication users, the Equal Employment Opportunity Commission is going after a company that allegedly refused to hire a woman who is prescribed methadone to deal with her heroin addiction. EEOC alleges that the company is violating the Americans With Disabilities Act because the woman is a recovering substance abuser, has a history of disability, and was "regarded" as disabled based on her methadone use. EEOC has also sued other employers over discrimination against methadone patients, as well as other prescription drug users.

Drug Policy

Democratic Candidates Talk Drug, Crime Policy in Last Saturday's Debate. Bernie Sanders reiterated his support for ending federal marijuana prohibition, while Martin O'Malley and Hillary Clinton joined Sanders in calling for criminal justice reforms and addressing racial inequalities in the criminal justice system. Click on the link for more details.

International

Canada's Prime Minister Begins the Process of Legalizing Marijuana. Freshly-elected Liberal Prime Minister Justin Trudeau has instructed Justice Minister Jody Wilson-Raybould to begin the process of legalizing and regulating marijuana. Trudeau told Wilson-Raybould he expected her to "deliver on your top priorities," which includes "Working with the Ministers of Public Safety and Emergency Preparedness and Health, create a federal-provincial-territorial process that will lead to the legalization and regulation of marijuana."

Mexico to Consider Cutting Jail Sentences, Raising Possession Limits for Marijuana. Jumpstarted by a Supreme Court decision earlier this month allowing four Mexicans to use marijuana, the forthcoming national debate on marijuana policy will consider easing jail sentences and raising limits for personal possession of pot, Deputy Interior Minister Roberto Campa said. The national consultation is set for January through March.

Irish Police Back Decriminalizing Heroin Possession. The Garda Representative Association, which represents some 11,000 Irish police officers, is backing the government drug minister's call to decriminalize heroin possession. "I think anything that can deal with the curse of drugs and some innovating thinking on this is to be welcomed," the GRA’s general secretary, PJ Stone, said, adding that the proposal would be seen as a brave move. "We don’t even have enough cells to lock up drug users who get arrested for possessing drugs," a GRA member from Dublin added.

(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.)

Chronicle AM: Petition to Fire DEA Head Gains Traction, Colombia OKs Medical Marijuana, More (11/12/15)

There are now more than 27,000 signatures on a petition asking President Obama to fire DEA head Chuck Rosenberg over his medical marijuana comments, Denver thinks a thousand pot shops is enough, Colombia will allow medical marijuana, and more. 

Coca and cocaine production is on the upswing in Colombia. (deamuseum.org)
Marijuana Policy

ResponsibleOhio Isn't Going Away. The group behind this month's defeated marijuana "monopoly" legalization initiative isn't going quietly into that long good night; instead, ResponsibleOhio is now trying to craft an initiative that can actually win. The group seems to understand that its plan to limit commercial grow opportunities and its bud-headed mascot, Buddie, were real turn-offs.

Denver Moves Toward a Moratorium on New Pot Shops. The city is proposing changes to its marijuana ordinances that would effectively halt new marijuana stores from opening for the next two years. The city currently has more than a thousand licensed operations, and that's enough, city officials said. "We have enough marijuana in Denver," said Ashley Kilroy, Denver's executive director of Marijuana Policy. "Basically, we’re saturated." The only exceptions would be some 85 medical marijuana businesses that were licensed in 2013.

Medical Marijuana

Petition to Fire DEA Head for Calling Medical Marijuana "A Joke" Now Has 16,000 Signatures. People so inclined can add theirs here. Actually, the petition now has some 27,000 signatures, having gained 11,000 more since the linked story was published yesterday.

Kansas City Hospitals Deny Cannabis Oil to Epileptic Patients. That's Kansas City, Missouri. The state passed a law last year allowing for such use, but no hospitals in the Kansas City area will allow their doctors to write a recommendation. The hospitals cite lack of standardized dosages for children and concerns about side-effects and interactions with other medications. Children's Mercy Hospital in Kansas City will start a study on cannabis oil for epileptic patients next year, but has no plans to widely recommend it. On the other side of the state, the Comprehensive Epilepsy Care Center in St. Louis does allow doctors to write recommendations.

Asset Forfeiture

Ohio Prosecutors Lobby Against Asset Forfeiture Reform. County prosecutors from across the state lined up Wednesday to testify against House Bill 347, which would eliminate asset forfeiture without a criminal conviction. They called the tactic "a vital tool" in going after drug traffickers during a hearing of the House Judiciary Committee. Click on the link for more flavor.

International

Colombia Will Allow Medical Marijuana. Colombian Justice Minister Yesid Reyes said today that the country plans to legalize the production and sale of medical marijuana. Legalization will only apply to medical and scientific uses of the plant, he clarified. Pot possession is already legalized under Colombian Supreme Court rulings, but this move will allow for commercial medical production.

Colombia Retakes Title of World's Largest Cocaine Producer. Colombia is back on top in the cocaine production sweepstakes, according to the UN Office on Drugs and Crime. The organization puts Colombian production last year at 175,000 acres, compared to 109,000 for Peru, and 31,000 for Bolivia. The UN estimates Colombian cocaine production will increase 52% this year, in part because of the end of aerial eradication and in part because peasants believe that a looming peace deal between the government and the FARC will see benefits for farmers who abandon their crops, so they are planting coca. 

Medical Marijuana Update

The Senate approves a bill to ease medical marijuana access for vets, medical marijuana sales begin in Illinois, New Jersey's governor signs a medical marijuana school access bill, and more.

National

On Tuesday, the Senate approved a bill allowing veterans access to medical marijuana. The Senate Tuesday passed the FY2016 Military Construction and Veterans Affairs Appropriations Bill, which includes language that will allow vets to access medical marijuana in states where it is legal. The Veterans Administration had barred VA doctors from issuing medical marijuana recommendations to vets, but this bill will block the VA from spending money to punish vets who use medical marijuana and allow VA doctors to recommend it where it is legal. The language was first approved as an amendment in May; that amendment must now be approved by the House.

Also on Tuesday, calls to fire the DEA head for calling medical marijuana "a joke" grew louder. Led by Tom Angell at Marijuana Majority, medical marijuana supporters are calling on President Obama to fire DEA Administrator Chuck Rosenberg in the wake of his recent comments calling medical marijuana "a joke." "My mom is a legal patient in Rhode Island, and she uses medical marijuana to deal with the severe pain she experiences from multiple sclerosis," said Angell. "Medical cannabis is no joke to my family or the millions of other American families who have seen its real benefits." Angell has organized a Change.org petition that anyone can sign.

California

On Tuesday, the Newport Beach city council approved a ban on medical marijuana activities in the city. The unanimous vote was on a first reading of the ordinance, which would ban cultivation, as well as dispensaries and delivery services.

Illinois

On Monday, medical marijuana retail sales began in the state. The state's first dispensaries opened for business today after state regulators last week gave the go-ahead to producers to start shipping product to them. Up to eight dispensaries were expected to be open today, including several in the Chicago area. But some patients were turned away because their customer registrations with individual dispensaries had not yet been processed.

Minnesota

On Tuesday, pain patients called for access to medical marijuana. Pain patients pleaded with Health Commissioner Ed Ehlinger to override a panel of health experts who rejected allowing medical marijuana for chronic pain and allow them to use it. For more than three hours, the commissioner heard from a cavalcade of people who said they wake in pain, spend their days in pain, and spend sleepless nights because of pain. "All of this has been very helpful. It's not going to be an easy task weighing the data, weighing the input, weighing the pros and cons, weighing the risks and benefits," he said. "But that's the job I signed up for. I take it very seriously, both as a physician, as health commissioner and as a person who lives in this state." He has until the end of December to make a decision.

Michigan

Last Thursday, fired medical marijuana patients learned they can get unemployment benefits. The state Supreme Court has refused to hear an appeal from the Unemployment Insurance Agency in a case involving people who won unemployment benefits after being fired for medical marijuana use. That means that people who are registered patients who got fired after failing drug tests for marijuana will continue to be eligible for unemployment benefits.

New Hampshire

Last Wednesday, a lung cancer patient sued to get a medical marijuana card. Linda Horan, who suffers from late stage lung cancer, has filed a lawsuit against the state health commissioner in a bid to get a medical marijuana card before dispensaries open next year. The state passed a medical marijuana law two years ago, but won't issue patient ID cards until dispensaries are authorized to start selling medical marijuana next year. Horan wants her card issued now so she can obtain medical marijuana in Maine, which will serve patients from other states.

New Jersey

On Monday, the governor signed a medical marijuana school access billl. Gov. Chris Christie (R), a GOP presidential contender, signed into law Assembly Bill 4587, which requires schools providing services for the developmentally disabled to adopt policies that allow for the administration of medical marijuana to qualified patients.

New York

On Tuesday, medical marijuana patients demanded the governor sign an emergency access bill. Patients, families, and advocates rallied outside Governor Andrew Cuomo's (D) Manhattan office to urge him to sign a bill that would expedite access to medical marijuana for critically ill patients. In June, with overwhelming bipartisan support, both houses of the legislature passed A.7060 (Gottfried) / S.5086 (Griffo), directing the state to establish a program to help critically ill patients obtain emergency access to medical marijuana as soon as possible. The bill was delivered to Governor on October 30th. He has until tomorrow to sign or veto the bill; if he does neither, it will become law.

On Wednesday, Cuomo signed the bill.

South Dakota

On Monday, medical marijuana petitioners handed in signatures. Petitioners with New Approach South Dakota turned in some 16,000 raw signatures Monday, the deadline for initiatives hoping to qualify for the 2016 general election. They need 13,871 valid signatures to qualify, so there is very little room for invalidated signatures if the effort is to make it.

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

Chronicle AM: DC MJ Arrests Plummet, Senate Passes Veterans MedMj, More (11/11/15)

Decriminalization spreads in South Florida, DC pot arrests hit historic lows, the Senate passes a spending bill that should ease vets' access to medical marijuana, there are calls for the DEA chief's head after he said medical marijuana was "a joke," and more.

Pot arrests are now almost nonexistent in the nation's capital. (wikimedia.org)
Marijuana Policy

Florida's Broward County Adopts Decriminalization Ordinance. County commissioners Tuesday approved an ordinance allowing police to issue $150 citations to people caught with 20 grams or less of marijuana. Violators would also have to complete an assessment/treatment program. The move puts the county, Florida's second most populous, in line with similar moves in Miami-Dade County and Key West.

DC Marijuana Arrests Plummet After Decriminalization, Legalization. Pot arrests are at historic lows in the nation's capital after city officials decriminalized and voters then legalized marijuana possession. Possession arrests peaked at 2,346 in 2011 before declining to 895 in 2014 (only seven of them after the city's decriminalization ordinance took effect in July 2014), and only seven so far for all of this year.

Medical Marijuana

US Senate Approves Bill Allowing Veterans Access to Medical Marijuana. The Senate Tuesday passed the FY2016 Military Construction and Veterans Affairs Appropriations Bill, which includes language that will allow vets to access medical marijuana in states where it is legal. The Veterans Administration had barred VA doctors from issuing medical marijuana recommendations to vets, but this bill will block the VA from spending money to punish vets who use medical marijuana and allow VA doctors to recommend it where it is legal. The language was first approved as an amendment in May; that amendment must now be approved by the House.

Calls for DEA Chief's Head After He Said Medical Marijuana Was "A Joke." Led by Tom Angell at Marijuana Majority, medical marijuana supporters are calling on President Obama to fire DEA Administrator Chuck Rosenberg in the wake of his recent comments calling medical marijuana "a joke." "My mom is a legal patient in Rhode Island, and she uses medical marijuana to deal with the severe pain she experiences from multiple sclerosis," said Angell. "Medical cannabis is no joke to my family or the millions of other American families who have seen its real benefits." Angell has organized a Change.org petition that anyone can sign.

Minnesota Pain Patients Call for Access to Medical Marijuana. Pain patients pleaded Tuesday with Health Commissioner Ed Ehlinger to override a panel of health experts who rejected allowing medical marijuana for chronic pain and allow them to use it. For more than three hours, the commissioner heard from a cavalcade of people who said they wake in pain, spend their days in pain, and spend sleepless nights because of pain. "All of this has been very helpful. It's not going to be an easy task weighing the data, weighing the input, weighing the pros and cons, weighing the risks and benefits," he said. "But that's the job I signed up for. I take it very seriously, both as a physician, as health commissioner and as a person who lives in this state." He has until the end of December to make a decision.

International

Mexican Senator Files Bill to Allow Import of Marijuana Medicines. Sen. Cristina Diaz Salazar (PRI) has filed a bill that would allow patients import marijuana and cannabis derivatives for medical purposes. She said the bill would codify a recent court ruling that granted an 8-year-old girl's parents permission to import cannabis oil to treat her epilepsy.

Double Standard? Marijuana or Hemp? DEA Indian Tribe Raid Raises Questions [FEATURE]

This article was produced in collaboration with AlterNet and will appear at http://www.alternet.org/drugs/.

Taking advantage of a 2014 Justice Department memo giving Indian tribes a green light to participate in marijuana commerce, as well as a 2014 congressional vote allowing for industrial hemp pilot programs, Wisconsin's Menominee Tribe earlier this year planted some 30,000 cannabis plants as part of a pilot project with the College of the Menominee Nation.

Last Friday, the DEA came and cut them all down.

The DEA says the plants were marijuana plants; the tribe says they were hemp plants. In either case, tribal officials and marijuana reform advocates don't understand why the grow was raided. Even if it were marijuana, it appears to be an operation well within Justice Department guidelines. And that's leading to some pointed questions about whether the feds have one standard for pot-legal states and another for the tribe-legal jurisdictions.

The memo that allows for marijuana commerce on the reservation includes eight potential enforcement triggers first formulated in a 2013 Justice Department memo (the Cole memo) advising federal prosecutors to lay off of recreational and medical marijuana operations in states where they are legal. Those triggers include diversion to other localities, money going to organized crime, and violence associated with the trade, among others.

The raid came after the tribe allowed a Bureau of Indian Affairs employee and local police to inspect the operation and take plant samples. And that visit came after a meeting between the BIA agent, the local cops, and an assistant US attorney.

According to the DEA affidavit for a search warrant, the samples tested positive for "marijuana," although there was no measurement of THC levels in the plants.

Industrial hemp is high in fiber, but low in THC, with levels at 0.3% or less. Pot produced for the recreational market, by contrast, typically has THC levels of 15% to 20% and beyond. There is a possibility some of the plants could exceed the 0.3% limit, but not by much.

The DEA affidavit also attempted to make a case that the hemp grow was violating those Justice Department triggers. The tribe had hired Colorado cannabis consultant Brian Goldstein to consult on its grow, and Goldstein, along with Tribal Chairwoman Ruth Wapoose, had in fact guided the feds and the local cops on their tour of the operation.

But Goldstein was "white," the affidavit noted, and several other people present appeared "non-native," and some vehicles had Colorado plates. This, the affidavit somewhat tortuously argued, violated the memo's provision about diversion from states where marijuana is legal to those where it is not. It seems to claim that hiring a cannabis consultant from a legal state is equivalent to importing pot from that state.

A field of hemp at sunrise. (votehemp.org)
The affidavit also stretched to assert the operation was setting off other enforcement triggers. The lack of ventilation in a drying room "is a health and safety concern for the community and the individuals associated with the operation, which is a violation of the enumerated priorities listed in the Cole memorandum regarding adverse public health concerns of marijuana cultivation," it argued.

But drying hemp stalks in closed barns is standard practice and is used by farmers around the country, including those who produced legal hemp crops this year in Colorado and Kentucky.

And security personnel guarding the property had guns, leading the BIA agent to question "the ability for the security team to have weapons for protection because it would violate the Cole memorandum."

Now, the grow has been destroyed, any decision on criminal prosecution is in the hands of federal prosecutors, and the tribe and other observers are wondering just what is going on. After all, the Menominee aren't the only tribe to take the Justice Department at its word, only to be raided down the road.

This past summer, the DEA hit two California tribes, the Pit River Tribe and the Alturas Indian Rancheria, seizing 12,000 plants. The feds alleged Cole memorandum violations including financing from a foreign entrepreneur and fears the marijuana would be distributed outside the reservations in ways that violated the state's medical marijuana law. And the US attorney in South Dakota a month earlier refused to agree to lift an injunction barring Oglala Sioux tribal member Alex White Plume from growing hemp, which the Oglala Sioux Nation has legalized.

Are the tribes being held to a different standard than states where it is legal? Has there been a policy shift at Justice? Are individual federal prosecutors going off the reservation?

Menominee Tribal Chairman Gary Besaw doesn't know, but he isn't happy about it.

"I am deeply disappointed that the Obama administration has made the decision to utilize the full force of the DEA to raid our Tribe," he said in a statement after the raid. "We offered to take any differences in the interpretation of the farm bill to federal court. Instead, the Obama administration sent agents to destroy our crop while allowing recreational marijuana in Colorado. I just wish the President would explain to tribes why we can't grow industrial hemp like the states, and even more importantly, why we don't deserve an opportunity to make our argument to a federal judge rather than having our community raided by the DEA?"

Neither was Eric Steenstra, head of the hemp industry advocacy organization Vote Hemp.

"The DEA action in this case is egregious, excessive and presents an unjust prejudice against Indian Country and the rights of sovereign tribal nations," he said. "The Menominee Indian Tribe cultivated their industrial hemp in accordance with Federal Law, per the legislation put forth in the Farm Bill. This is a step backward, at a time when great progress has otherwise been made toward legalizing and regulating industrial hemp cultivation."

In an interview with US News and World Report, tribal law expert Lance Morgan, a member of Nebraska's Winnebago tribe who has worked with tribal governments pondering marijuana operations, said the Cole memorandum guidelines are not being applied consistently and warned the Menominee raid would be remembered as a historic betrayal.

"How can you allow people to buy marijuana in a retail environment in some states and then raid an industrial hemp operation of a tribe? The only difference is that there is a tribe involved," he said. "This odd federal policy of encouraging investment and then raiding the new business sets us back a few decades in federal tribal trust and economic policy."

The raids against tribal pot operations will kill investment in such ventures, Morgan said.

"The new federal policy of 'sort of' allowing tribes to get into the marijuana business is especially cruel and unusual because it encourages investment, but after the investment is made the federal government comes and shuts it down and the investors lose all their money."

Tribal law expert and former head of New York's Seneca Nation Robert Odawi Porter agreed that there is at least the appearance of a double standard.

"This certainly suggests a real divergence in policy approach for Indian country," compared to the pot-legal states, which have been allowed to develop enormous marijuana industries, he said. "It increasingly looks like the Justice Department guidelines are not being interpreted in the same way as they were intended."

It seems like the Justice Department has some explaining and clarifying to do. Can the tribes participate in the new marijuana economy like that states, or not? And does the DEA accept the legal definition and status of hemp? If not, why?

Chronicle AM: One Week to OH Vote, DEA Raids Menominee Hemp Grow, Iranians for Legalization???, More (10/27/15)

Menominee tribal officials are scratching their heads after the DEA cut down their hemp crop, Ohio votes on legalization in one week, some new federal sentencing statistics are out, the Iranians may be thinking about legalizing marijuana and/or opium, and more.

Marijuana Policy

A hemp field. Someone needs to sit down and have a talk with the DEA. (votehemp.org)
DEA Raids Menominee Reservation in Wisconsin, Cuts Down Hemp Plants. DEA agents swarmed the reservation last Friday and cut down 30,000 cannabis plants. The tribe says they were hemp plants; the DEA claims they were marijuana plants. Hemp has very low levels of THC, but it is not clear that the DEA actually tested THC levels. In any case, under a Justice Department policy announced last fall, tribes are supposed to be able to grow marijuana on tribal lands, provided they don't fall afoul of Justice Department concerns about out-of-jurisdiction trafficking, dealing to children, organized crime activities and the like.

Both Michigan Legalization Campaigns Have Money in the Bank. According to quarterly financial reports filed Monday, the state's two different marijuana legalization efforts are both pulling in cash, but still have a long way to go on signature gathering. MI Legalize has raised $308,000 and spent $249,000 so far as it seeks to gather some 252,523 valid voter signatures by December. The Michigan Cannabis Coalition has raised $351,000 and spent $284,000. The coalition has temporarily halted signature-gathering, even though it says it is roughly 50,000 signatures short, saying the move is a "strategic decision" and petitioning will soon resume. The coalition effort has until January to turn in signatures. MI Legalize would allow taxed and regulated marijuana sales with a 10% retail sales tax; the coalition effort also legalize, but would rely on the state legislature to set taxes and set licensing requirements.

Ohio Votes on Marijuana Legalization in One Week. The ResponsibleOhio legalization initiative is too close to call a week out from election day. The initiative would legalize marijuana, but only allow 10 commercial marijuana grows allotted to campaign backers. Polls in the past week have shown the race in a dead heat. Stay tuned.

Medical Marijuana

Change.org Petition for the Kettle Falls Five. Prosecuted as marijuana traffickers for growing medical marijuana for their own use in a state where marijuana is legal, three of the Kettle Falls Five were sentenced earlier this month to federal prison. The petition here seeks "immediate orders of commutation and remission of jail time and fines for Rolland Gregg, his wife Michelle Gregg, and his mother Rhonda Firestack-Harvey. We seek complete pardons of their convictions so that they are no longer considered felons. Allow them to return to being the productive members of society they were, before this ordeal began." Click on the link to add your signature.

Sentencing

More Than Half of Federal Drug Prisoners Are Doing Time for Cocaine. A new report from the Bureau of Justice Statistics reveals that, as of 2012, 54% of federal drug war prisoners were sentenced for cocaine offenses. Then came meth at 24%, marijuana at 12%, and heroin at 6%. The vast majority (88%) of crack offenders were black, while more than half (54%) of powder cocaine offenders were Hispanic. More than half (59%) of marijuana offenders were Hispanic. Among meth offenders, it was 48% white and 45% Hispanic. One-quarter (24%) of all drug offenders were not US citizens. Click on the link to read the report.

International

Could Iran Be the Next Country to Legalize Marijuana or Opium? A prominent Iranian official has suggested as much. Saeed Sefatian, who made the remarks, is head of the working group for drug demand reduction in the country's Expediency Council, which is largely influential in the country's drug policies. Click on the link for more.

Medical Marijuana Update

A California federal judge has told the Justice Department to butt out of state-legal marijuana businesses in a case involving the Marin Alliance for Medical Marijuana, the Brookings Institution has a new report on the feds stifling research, ASA has a new report on the beneficial impacts of dispensaries, and more.

National

Last Thursday, ASA released a report on the impact of dispensaries on communities. Americans for Safe Access released a report, Where Will Patients Obtain Their Medicine?, that shows dispensaries do not bring elevated crime rates or other social ills, but do bring economic opportunity and provide access to medicine for patients. "The research shows that well-regulated dispensaries are responsible neighbors and valued members of the community," said Steph Sherer, ASA's executive director. "They bring jobs and increased economic activity while providing patients suffering from serious illnesses with an essential physician-recommended medicine. Creating equitable rules for medical cannabis access is a win-win scenario for everyone in a community."

On Tuesday, a Brookings Institution report accused the federal government of stifling medical marijuana research. Researchers at the liberal think-tank called on the federal government to eliminate obstacles to medical marijuana research in a strongly-worded report today. "The federal government is stifling medical research in a rapidly transforming area of public policy that has consequences for public health and public safety," the report, authored by John Hudak and Grace Wallack, says. "Statutory, regulatory, bureaucratic, and cultural barriers have paralyzed science and threatened the integrity of research freedom in this area." For a start, marijuana should be moved to Schedule II, they said.

California

On Monday, a federal judge ruled that the feds can't shut down state-legal marijuana businesses. US District Court Judge Charles Breyer ruled that the Justice Department is barred from prosecuting with marijuana operations that are in compliance with state laws. Breyer cited recent votes in Congress to prohibit such actions. The move came in the case of the Marin Alliance for Medical Marijuana, which had been ordered closed by a permanent injunction in 2012. Attorneys for the alliance successfully argued that the congressional moves invalidated the injunction, and Breyer agreed. "The plain reading of [Congress's amendment] forbids the Department of Justice from enforcing this injunction against MAMM to the extent that MAMM operates in compliance with California law," Breyer wrote. "To the Court's recollection," Breyer added, "the Government has yet to allege or even suggest that MAMM was at any time operating in violation of state law."

Kansas

Over the weekend, the Silver Haired Legislature renewed its push for medical marijuana. The Silver Haired Legislature, which advocates for senior citizens, is again calling on the legislature to pass medical marijuana. At a meeting earlier this month in Topeka, the group adopted three proposed bills it will push to see passed in the next term. Click on the link for more details.

New Jersey

Last Wednesday, the state got its fifth dispensary. The state Health Department said then it had issued its final permit for Breakwater Treatment and Wellness, a dispensary in Cranston.

New York

Last Thursday, the Seneca Nation was moving toward allowing medical marijuana. The Seneca Nation of Indians is preparing to vote early next month on whether to authorize the National Council to start drafting laws and regulations to govern medical marijuana. The vote would be only a first step toward the tribe getting in the medical marijuana business. The Justice Department opened the door for tribes to get involved in pot operations with a memo last fall.

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

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