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Chronicle AM: Historic UK Drug Debate Looms, NYPD Ending Marijuana Possession Arrests, More (11/10/14)

Look out! Here comes the next wave of marijuana legalization efforts. Also, NYPD will stop its penny-ante pot arrests, Oregon DAs ponder dropping pot charges, the FBI's annual arrest figures are out, the ACLU gets $50 million to fight overincarceration, Britain awaits a historic debate on drug policy, and more. Let's get to it:

The election was only last week, but eyes are already turning to 2015 and 2016. (www.regulateri.org)
Marijuana Policy

Nevada 2016 Legalization Initiative Ready to Hand in Signatures. The Nevada Coalition to Regulate Marijuana says it will turn in 170,000 signatures Wednesday for its proposed 2016 initiative to legalize marijuana. It needs 102,000 valid voter signatures to qualify for the ballot. This is a Marijuana Policy Project effort.

Oregon Prosecutors to Rethink Pending Pot Cases. Although marijuana possession won't be legal in the state until July 2015, prosecutors in some of its most populous counties say they will revisit pending marijuana cases in light of last week's legalization victory at the polls. DAs in Clackamas (Oregon City), Multnomah (Portland), and Washington (Hillsboro) counties all said they are trying to figure out how to proceed.

Rhode Island Activists Aim to Legalize It in 2015. Which will be the first Northeastern state to legalize marijuana? Rhode Island activists organized into Regulate Rhode Island want their state to be the one. They are putting together a coalition to try to push a bill to tax and regulate marijuana through the General Assembly next year. The bill died in the legislature this year. This is a Marijuana Policy Project effort.

NYPD to Stop Arrests for Minor Marijuana Offenses. The NYPD and Mayor Bill de Blasio (D) announced today that the department will quit arresting people for low-level marijuana possession. NYPD has been arresting tens of thousands of people each year, but in the face of withering criticism, it will now begin issuing tickets instead. But people caught smoking pot in public will continue to face arrest.

Drug Testing

Wisconsin Governor Calls for Drug Testing for Unemployment, Food Stamps. Newly reelected Republican Gov. Scott Walker is calling drug testing of people seeking public benefits, including unemployment insurance. He and Assembly Speaker Robin Vos (R-Rochester) both say it will be a priority in the coming legislative session. Walker and Vos haven't unveiled an actual proposal, but any bill that calls for mandatory, suspicionless drug testing is certain to face constitutional challenges.

Law Enforcement

Pot Arrests Drop, But Still 1.5 Million Drug Arrests Last Year. More than 1.5 million people were arrested for drug offenses in the US last year, and more than 693,000 of those for marijuana offenses. The figures come from the FBI's 2013 Uniform Crime Report, which was released today. Marijuana arrests have declined from peaks early in this century. In 2008, there were a record 872,000 marijuana arrests, so pot busts have declined by slightly more than 20% since then. But arrests for other drug offenses continue apace, actually increasingly slightly last year. Still, because of the decline in marijuana arrests, the overall number of drug arrests dropped by about 50,000.

Sentencing

ACLU Gets $50 Million to Fight to Reduce Incarceration. The American Civil Liberties Union (ACLU) has been awarded a $50 million grant from George Soros's Open Society Foundations to mount an eight-year campaign to change criminal justice policies and reduce incarceration in this country. The group says there is an emerging bipartisan consensus to make reforms, although last week's election results may stiffen opposition. The ACLU wants to reduce imprisonment by 50% in the next years.

International

Missing Mexican Students Were Murdered By Drug Gang, Officials Say. Mexican Attorney General Jesus Murillo Karam said last Friday that 43 radical student teachers missing for more than a month in Iguala, Guerrero, had been murdered by a drug gang working with the wife of the mayor of the city. Murillo said the students were killed and their bodies burned, with the remains scattered in a local river. The announcement of the students' fate has not, however, quieted outrage in the country, where corruption and impunity are major issues. Demonstrators torched the wooden front doors of the National Palace in Mexico City Saturday night and were blocking the Acapulco airport Monday, among other actions.

Former Chilean President Calls for Drug Decriminalization. In an interview last Friday, former President Ricardo Lagos said decriminalizing marijuana -- and possibly even cocaine -- possession was the best way to reduce both prohibition-related crime and drug use. Start with marijuana, he said. "After one or two years we will see if we dare to legalize cocaine. It starts with a major prevention campaign and with providing non-prison punishment for those who are incarcerated today, depending on the magnitude of their offenses," Lagos proposed. "The only thing that's clear to me is that there were 10,000 drug arrests per year in Chile in 2002 and 10 years later it's multiplying by eight, reaching 82,000. Chile needs to grow up," he said. Lagos was president of the country from 2000 to 2006.

In Historic Move, British Parliament to Debate Drug Policy. The House of Commons will debate Britain's drug policies for three hours this coming Thursday. It is the first time Parliament has taken up the topic since passage of the Misuse of Drugs Act -- the current law -- four decades ago. The debate comes as Britain's governing coalition has been sundered on the issue, with the junior partner Liberal Democrats coming out loudly for drug decriminalization and the senior partner Conservatives firmly holding the line against any reforms.

Australia's New South Wales Wants Random Drug Testing of Drivers. The New South Wales state government has introduced a bill that would allow police to randomly drug test drivers for the presence of marijuana, amphetamines, and ecstasy. The tests would be done with a saliva swab.

Medical Marijuana Update

A medical marijuana initiative won in Guam, but the one in Florida lost despite winning a majority of the votes. There's other news, too. Let's get to it:

California

Last Friday,nine Lake County patients filed a $600,000 claim for damages for warrantless raids on their gardens. The move comes two weeks after a federal judge granted a preliminary injunction barring such warrantless raids. The patients claim Lake County law enforcement entered their properties and seized their goods without their consent or a search warrant. They seek recompense for their stolen goods, as well as punitive damages.

On Tuesday, Election Day was a mixed bag for local medical marijuana initiatives. Local measures to tax marijuana businesses passed in two Riverside County towns, Cathedral City and Desert Hot Springs, as well as in Santa Cruz city and county and Shasta Lake City. But measures to loosen restrictions on cultivation failed in Butte, Lake, Nevada, and Shasta Counties, and measures to allow dispensaries were rejected in Blythe, La Mesa, and Encinitas. The town of Weed approved dispensaries, but also approved an outdoor cultivation ban.

Florida

On Tuesday, the Amendment 2 initiative won a solid majority, but fell short of victory. Because it is a constitutional amendment, the initiative needed 60% of the vote to be approved. According to the Florida Division of Elections, with 96% of precincts reporting Tuesday night, Amendment 2 had 57.52% of the vote.

Guam

On Tuesday, Guam voted approved medical marijuana. With all precincts counted, the Joaquin Conception II Compassionate Use Act of 2013 passed with 56% of the vote. The legislatively-sponsored referendum overcame both political inertia and legal challenges to make it to the ballot this year. Guam now becomes the first US territory to approve medical marijuana.

Illinois

Last Saturday, the state began a second round of patient registrations. The Illinois Department of Public Health has begun a second round of patient registrations for the state's medical marijuana program. As of last Saturday, people whose last names begin with M through Z can apply for a patient card. Patients whose last names begin with the letters A through L have been able to registers for several weeks already.

Iowa

On Tuesday, the Board of Pharmacy announced it would hold a hearing on medical marijuana. The board, which has already said the state should be moving toward allowing medical marijuana, is considering whether to make new recommendations to legislators. A board committee will meet November 17 to hear testimony. Among those addressing the committee will be long-time Iowa medical marijuana activist Carl Olsen, whose petition to the board started the ball rolling. Click on the link for meeting details.

New York

Last Thursday, New York US Representatives asked the Justice Department to let the state import high-CBD medical marijuana for sick kids. In a letter to Attorney General Eric Holder Thursday, they called on the Justice Department to find a way to let the state import medical marijuana to be used by severely ill children. The governor this year moved to allow some access to medical marijuana, but the state program will not be in full effect for more than a year. That's too long to wait, the lawmakers said. "Every day makes a difference for children with these severe disorders. Given this urgent public health need, we urge you to allow New York the ability to import finite and strictly controlled amounts of cannabidiol,"they wrote.

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

Chronicle AM: Drug Issues on the Ballot, Guam Approves MedMJ, UK Drug Policy Row Continues, More (11/4/2014)

We're waiting for election results--except for Guam, where medical marijuana has already won--Britain's governing coalition continues to implode on drug policy, Paraguay tries to crack down, and more. Let's get to it:

Marijuana Policy        

It's Election Day! Marijuana Policy Reform is on the Ballot in Three States, DC, and in Various Local Elections. Voters in Alaska, Oregon, and DC are voting on marijuana legalization, while voters in Florida are voting on medical marijuana. Click on the title link for details on the various state-level initiatives. Local marijuana-related ballot issues are on the ballot in five states. Stay tuned to the Chronicle; we'll be posting election results as they come in through the evening.

Medical Marijuana

Guam Voters Approve Medical Marijuana. In the first election results of the day, voters in Guam have approved a medical marijuana initiative. With all precincts counted, the Joaquin Conception II Compassionate Use Act of 2013 passed with 56% of the vote. The legislatively-sponsored referendum overcame both political inertia and legal challenges to make it to the ballot this year. Guam now becomes the first US territory to approve medical marijuana.

Iowa Board of Pharmacy to Hold Hearing on Medical Marijuana. The board, which has already said the state should be moving toward allowing medical marijuana, is considering whether to make new recommendations to legislators. A board committee will meet November 17 to hear testimony. Among those addressing the committee will be long-time Iowa medical marijuana activist Carl Olsen, whose petition to the board started the ball rolling. Click on the link for meeting details.

Drug Testing

It's Election Day! Drug Testing Doctors is on the Ballot in California. In California, an initiative designed to increase the caps on medical malpractice awards is catching the attention not only of powerful legal and medical interests, but also drug reformers. That's because, in what opponents call a cynical ploy, the malpractice initiative leads with a provision to impose drug testing on doctors. Proposition 46, whose controversial ballot title is "Drug and Alcohol Testing of Doctors, Medical Negligence Lawsuits. Initiative Statute," would, if passed, make California the first state in the nation to impose drug testing on doctors. Click on the title link to read our feature story on the initiative.

Sentencing Policy

It's Election Day! Defelonization of Drug Possession (and Other Offenses) is on the Ballot in California. Proposition 47, the smartly named Safe Neighborhoods and Schools Act, is sponsored by two prominent California law enforcement figures, former San Diego Police Chief William Lansdowne and current San Francisco District Attorney George Gascon, and the campaign is being led by Californians for Safe Neighborhoods and Schools. It has lined up an impressive array of supporters. The initiative would attempt to address the state's chronic over-incarceration problems by moving six low-level, nonviolent crimes from felony/wobblers to misdemeanors. A "wobbler" is an offense that can be charged as either a felony or misdemeanor. Among the included offenses is simple drug possession. About 10,000 people are arrested on drug possession felonies each year in the state. Click on the link to read our feature story about the initiative.

International

Paraguay Moves to Crack Down on Drug Trafficking and Corruption. Members of the government's legislative, executive, and judicial branches met Monday and agreed on measures to thwart drug trafficking and to prevent people with links to the traffic from seeking public office. The move comes after the murder of a reporter covering the drug trade two weeks ago. In addition to barring political participation, the government agreed to move all drug trafficking trials to the capital, Asuncion. Meeting participants also discussed asset forfeiture measures, but didn't act on them. Paraguay is South America's largest marijuana producer.

British Lib Dem Minister Resigns Over Drug Policy Differences With Tories. Differences over drug policy continue to roil Britain's governing coalition. Liberal Democrat MP Norman Baker has resigned as Home Office minister after coalition senior partners, the Conservatives, rejected plans to liberalize the country's drug laws. Baker said support for a "rational, evidence-based policy" was nonexistent at the Home Office and that working with Home Secretary Theresa May on the issue was like "walking through mud." The Lib Dems have been called for drug decrimilization; the Tories aren't interested. 

Chronicle AM: OR Measure 91 Looking Good, FL Amendment 2 in Trouble, Iran Drug Executions, More (11/3/14)

It's looking good in Oregon, not so good in Florida; Guam's archbishop comes out against medical marijuana, a conservative PAC funded by the Koch brothers is seeking to peel off "stoner" votes from Democrats, there's cannabis club news from Barcelona and Uruguay, Iran drug executions are in the news, and more. Let's get to it:

Execution by hanging in Iran. (iranhr.net)
Marijuana Policy        

Oregon Measure 91 At 52% in Latest Poll. It looks like Oregon will be the next state to legalize marijuana. The latest SurveyUSA poll, released last week, has the Measure 91 legalization initiate winning with 52% of the vote. Only 41% said they were voting against it. That is generally in line with other recent polls. Late in September, SurveyUSA had Measure 91 under 50%, but leading by four points, with 16% undecided. In mid-October, an Oregon Public Broadcasting poll had the measure winning with 52%, again with 41% opposed. Only one recent poll, an Oregonian poll last week, had Measure 91 trailing. In that survey, 44% were in favor and 46% opposed, with 9% undecided. But the results were well within the poll's +/-5% margin of error, and it was also weighted toward older voters.

Medical Marijuana

Another Bad News Poll for Florida's Amendment 2. Yet another poll is out showing the medical marijuana initiative, Amendment 2, failing to achieve the 60% of the vote necessary to win.  A new SEA Polling and Strategic Design poll has support for the initiative at 55%. The initiative needs 60% because it is a constitutional amendment. Other recent polls have also shown the initiative coming up short.

On Eve of Election, Guam Archbishop Urges "No" Vote on Medical Marijuana. Guam Catholic Archbishop Anthony Apuron called over the weekend for his flock to vote against the US territory's legislatively-sponsored medical marijuana initiative. Apuron cited Pope Francis's concerns that marijuana is a drug and its effects on users. The island is about 85% Catholic.

Illinois Begins Second Round of Patient Registrations. The Illinois Department of Public Health has begun a second round of patient registrations for the state's medical marijuana program. As of last Saturday, people whose last names begin with M through Z can apply for a patient card. Patients whose last names begin with the letters A through L have been able to registers for several weeks already.

Drug Policy

Conservative PAC Courts "Stoner" Vote in Bid to Peel Votes from Democrats. In what The Nation's John Nichols calls "the most cynical ploy" of this year's election season, a Koch brothers-supported group, the American Future Fund (AFF), is using social media campaigns hailing marijuana legalization, "our progressive values," and third-party candidates to attack Democratic candidates and try to peel away Democratic votes in key races. In North Carolina, an AFF ad targets Democratic US Senate candidate Kay Hagan: "Don’t even think about voting for Kay Hagan," the ad says. "She doesn’t share our values. You want legalization of marijuana, she’s against it. You want to stop sending our troops overseas, she voted for it. Vote Sean Haugh: He shares our progressive values: pro-legalization, pro-environment, more weed, less war." Haugh is the Libertarian candidate and could be the spoiler in this close race. Click on the link to read the whole piece; it's a real eye-opener.

International

Iran, Saudi Arabia Execute More Drug Offenders. Saudi Arabia beheaded two people for drug smuggling last week. Pakistani national Mohammed Gul Rahma was executed for heroin smuggling, while Saudi national Mohammed bin Noun bin Nasser Al Dhufairi was executed for smuggling amphetamine pills. Meanwhile in Iran, authorities last week hanged five people convicted of drug smuggling. They were identified only by their initials.

Iran Says Nearly All Executions are for Drug Trafficking. Responding to criticism from the United Nations over its routine resort to the death penalty, Iranian officials explained that almost all executions in the country were for drug offenses. The UN cited at least 852 executions between July 2013 and June 2014. According to Iran Human Rights Council President Javad Larijani, 93% of them were for illegal drug smuggling.

Barcelona to Bar Under-21s from Cannabis Clubs. The Catalonia parliamentary health commission is set to raise the minimum age for membership in cannabis clubs from 18 to 21 when it meets on Thursday. It is also expected to bar new clubs from opening near schools and day care centers. The new rules come after months of discussions between health officials, parliament, and club representatives in the wake of an August crackdown that saw 49 of the clubs closed. The remaining 300 clubs will now have to be licensed and will also have to wait 15 days before supplying marijuana to new members.

Registration Begins for Uruguay Cannabis Growers' Clubs. Registration has begun for marijuana growing clubs under the country's marijuana legalization law. Licensed clubs with up to 45 members will be able to grow 99 plants each year. People can already individually grow up to six plants at home. Under the law, each club member can produce a little over a pound (480 grams) a year.

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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: Cops for Pot Legalization, British Drug Policy Squabble, Afghan Opium Warning, More (10/30/14)

Cops raise their voices in support of marijuana legalization initiatives, the US government's Afghanistan watchdog slams our drug policies there, Louisiana bans a synthetic cannabinoid and Russia wants to do the same, Britain's Lib Dems and Tories are going at each other over drug policy, and more. Let's get to it:

Synthetic cannabinoid products (Louisiana Dept. of Health and Hospitals)
Marijuana Policy       

Cops Come Out in Support of Oregon Measure 91. Some 30 former police officers, sheriffs, prosecutors, and judges have come out in support of the Measure 91 legalization initiative. The campaign held a press conference with some of them yesterday and released a letter from them. "Treating marijuana as a crime has failed,"they said. "Arresting and citing thousands of people in Oregon and elsewhere for marijuana-related crimes is a distraction to law enforcement and a misuse of taxpayer resources. The time and money spent should go to make our communities safer. Police resources should be focused on violent criminals, thieves and criminal cartels."

Former Seattle Police Chief Campaigns for Alaska's Measure 2. Former Seattle Police Chief Norm Stamper is hitting the hustings up north to garner support for the Measure 2 legalization initiative. The Law Enforcement Against Prohibition (LEAP) member has also been making the rounds in Anchorage, appearing on talk radio shows and other media in support of the measure. He is attempting to counter opposition to the measure from the likes of the Alaska Association of Police Chiefs.

Vermont Sets Public Hearing on Marijuana Policy. The state government has set a November 12 date for a public hearing that will "provide Vermonters with the ability to contribute comments for a legislatively-mandated study on the issues involved with possible legalization of marijuana production, distribution and possession in the State of Vermont." The hearing comes ahead of a mandated January report to the legislature on issues related to marijuana legalization from Administration Secretary Jeb Spaulding. Click on the link for more event details.

New Synthetic Drugs

Louisiana Bans New Synthetic Cannabinoid. After more than 125 people got sick in Baton Rouge this month, state officials Wednesday announced an immediate ban on the synthetic cannabinoid MAB-CHMINACA. The state has twice before banned other synthetic cannabinoids, once in March and again in July. The compound has been sold in products with names like "Mojo," "Spice," and "Scooby Snax." Read the emergency rule here.

International

US Afghan Watchdog Warns on Opium. The Special Inspector General for Afghanistan Reconstruction (SIGAR), John Sopko, has warned that the country's opium economy is threatening reconstruction efforts and that the US is not adequately addressing the problem. Anti-drug efforts have "largely fallen off the Afghan agenda," he said in a quarterly report released today. Sopko also criticized the State Department's Bureau of International Narcotics and Law Enforcement Affairs for "wasting" more than $7 billion on failed drug control policies. "There is nothing that they have said to me or my staff that would indicate that there's any idea of how to improve the situation," he said in an interview ahead of the release of the report. "Has anyone had their job performance -- in the State Department, Department of Defense or [US]AID -- affected by the fact that they failed over the past 13 years to do anything on counternarcotics? No." The report itself is worth a read.

British Drug Policy Squabble. The junior and senior partners in Britain's governing coalition are going after each other in an increasingly nasty fight over drug policy occasioned by a new Home Office report on new synthetic drugs. The report found "there is a lack of clear correlation between tough drugs laws and levels of abuse." Liberal Democrat leader Nick Clegg hammered the Tories as being "frightened" of drug reform and having "a totally misplaced, outdated, backwards-looking view" on drug policy. Conservatives shot back that the Lib Dems were using the report for "naked political posturing" and accused the party of pursing "a dangerous and irresponsible" agenda of decriminalization. Get more details by clicking the links.

INCB Meets in Vienna. The International Narcotics Control Board (INCB) began its 111th session today in Vienna. At the opening, board President Dr. Lochan Naidoo stressed his concerns about insufficient access to medicines containing narcotic or psychotropic drugs and noted the obligation of treaty parties to ensure access to such medicines to ensure treatment and prevent pain and suffering.

Russian Government Submits Bill to Ban Synthetic Cannabinoids. President Vladimir Putin today submitted to the State Duma a bill to ban the sale and use of synthetic cannabinoid products. The bill names the cannabinoids as dangerous substances, bans their use, and gives the Federal Drug Control Agency authority to create a registry of such banned substances. The agency reports that more than a thousand users of the drugs have been hospitalized in the last year and 40 have died.

Austrian Neos Party Supports Marijuana Legalization. A neoliberal political party that has just won its first seats in parliament has come out in support of legalization. The Neos (or New Austria) Party embraced the position at its party conference this past weekend.  "We support self- responsibility and liberty. Legalization makes sense", party leader Mat Strolz said Tuesday. The Neos are the first part to embrace legalization in the wake of a parliamentary citizens' initiative that has so far gathered more than 27,000 signatures, making it the third most popular in Austrian history. It's not just new fringe parties that are considering the issue. The leaders of the governing coalition, the Social Democrats, will vote on legalization at their party convention next month. 

Medical Marijuana Update

A bad court ruling in Arizona, a good court ruling in Michigan, trouble for Florida's Measure 2, actions against dispensaries in California, and more. Let's get to it:

Arizona

Last Thursday, a state appeals court held that medical marijuana users can be charged with DUI even if they're not actually impaired. Arizona has a zero-tolerance drugged driving law, and the state Court of Appeals ruled last week that the state's medical marijuana law does not provide immunity from prosecution, even if they are not impaired and only test positive for the presence of marijuana metabolites. The case is Darrah v. City of Mesa.

California

Last Wednesday, four San Diego dispensaries were shut down by court order. San Diego authorities won court orders earlier in the week to close four dispensaries they said were operating illegally in the city. All four had closed their doors by Wednesday. The city has just adopted a permitting process for dispensaries and the first permit was handed out recently, but a number of dispensaries are operating in the city without permits. The city has shut down more than 200 unpermitted dispensaries since 2009, the city attorney's office said.

Last Thursday,the DEA raided two Los Angeles dispensaries. DEA agents raided two Los Angeles dispensaries that staffers claim were fully compliant with state laws. Raiders hit two locations of The Farmacy, one in West Hollywood and one in Westwood, seizing cash, computers, and medical marijuana. No arrests were made. The Farmacy's Venice Beach location wasn't hit, but staffers said they thought that was because it had recently moved and the DEA couldn't find it.

On Tuesday, Humboldt County supervisors approved a more restrictive cultivation ordinance. Saying they were trying to reduce neighborhood nuisances caused by excessive cultivation, supervisors voted unanimously to limit outdoor grows to 100 square feet on plots under five acres and 200 square feet on plots larger than that.

Also on Tuesday, Sonoma County supervisors directed planning officials to review the county's cultivation ordinance. Currently, people can grow up to 30 plants or up to 100 square feet. Supervisor Shirley Zane tried two years to tighten the rules, but had to back down in the face of loud opposition. Now, she wants to try again.

Florida

On Monday, another poll suggested that Measure 2 is in danger. A Gravis Marketing poll has support for the Measure 2 medical marijuana initiative at 50%, with 42% opposed and 8% undecided. Because it is a constitutional amendment, the initiative needs 60% to win. Gravis had the initiative with 62% in August and 55% early this month. On the other hand, the United for Care campaign sent an email to supporters last night claiming its internal polling had the initiative at 61%. Click on the poll link for methodological details.

Also on Monday, news came that Republican money man Sheldon Adelson had put up another $1 million to defeat Measure 2. Las Vegas casino magnate and Republican sugar daddy Sheldon Adelson has thrown another million dollars into the battle to defeat the Measure 2 medical marijuana initiative. Opponents of the initiative have raised $5.8 million to defeat it; Adelson is responsible for $5 million of that. Overall, opponents have spent $5.5 million, pretty much matching supporters, who have so far spent $6.5 million.

Michigan

Last Friday, the state court of appeals held that medical marijuana users are entitled to unemployment compensation. State-approved medical marijuana patients are eligible for unemployment compensation if the only reason they were fired is that they tested positive for the drug, the state Court of Appeals ruled Friday. The decision was based on the courts' reading of the state's medical marijuana law, which prohibits penalties for those who legally use medical marijuana. The series of consolidated cases in which the court ruled begins with Braska v. Challenge Manufacturing Company.

Pennsylvania

On Monday, a state senator urged DAs to not prosecute medical marijuana cases. Sen. Daylin Leach (D-Montgomery), sponsor of a medical marijuana bill stalled in the House after passing the Senate, called on prosecutors to not go after patients. Leach made the call in a letter to the Pennsylvania District Attorneys Association. "Given the likelihood that using lifesaving medical cannabis will not be a legal issue in Pennsylvania for much longer, I ask that you consider using your prosecutorial discretion," he wrote. "I ask that you perform an act of compassion."

Washington

Last Thursday,Seattle warned dispensaries they will need state licenses. The city of Seattle has sent letters to 330 dispensaries operating there that they will need to be licensed by the state. The only problem is there is no such license for medical marijuana businesses. The city council had placed the requirement on hold until the state legislature decides whether and how to license dispensaries, but the letter warns that as of January 1, 2015 (or January 1, 2016 if the legislature doesn't act before then), dispensaries must have state licenses or close their doors. Click on the title link to see the letter.

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

Chronicle AM: FL MedMJ Init in Danger, CO Legalization Report, Russia Synthetics Ban, More (10/28/14)

The Florida medical marijuana initiative appears to be in trouble, thanks in part to a deep-pocketed GOP opposition donor, a federal court is hearing evidence on marijuana's scheduling, a new report on Colorado's legalization finds less than meets the eye, Russia bans some new synthetics, and more. Let's get to it:

Florida's medical marijuana initiative faces an uphill battle in the campaign's final days.
Marijuana Policy

Federal Court Hears Arguments on Proper Scheduling of Marijuana. In a federal court hearing in Sacramento that continues today, three medical experts testified that the scientific evidence does not support classifying marijuana as a Schedule I drug under the Controlled Substances Act. This is the first time in living memory that a federal court in a criminal case has allowed discussion of marijuana's proper placement in the drug schedules. Testifying for the defense in US v. Schweder, Gregory Carter, MD, and Carl Hart, PhD, told the court that marijuana is neither "very dangerous" nor "lacking medical use," both of which are required to support a Schedule I placement.

Cincinnati City Council Moves to Fix Its Pot Policy Misstep. Ohio is a state where the possession of marijuana is decriminalized, but in 2006, the Cincinnati city council tried to crack down on it, making possession of even small amounts a misdemeanor offense under city ordinance. The council later repealed that law, admitting it was a mistake. Now, it has moved to undo one of the nastier consequences of its actions, voting Monday to allow people arrested under that ordinance to have their criminal records expunged. More than 10,000 people were arrested under the ordinance, which was in effect until its repeal in 2010.

Cato Report on Colorado Legalization: No Big Deal. For all the sturm und drang surrounding the consequences of marijuana legalization in Colorado, a new report by Harvard economist Jeffrey Miron for the Cato Institute finds it just wasn't that big a deal. Miron found little impact on crime, traffic accidents, or teen drug use -- the banes of the anti-legalization folks -- but neither did he find a big impact on the state's economy. And he found that tax revenues were lower than estimated. Miron's bottom line? "The evidence here indicates that strong claims about Colorado's legalization, whether by advocates or opponents, are so far devoid of empirical support."

Medical Marijuana

Florida's Measure 2 In Danger. A Gravis Marketing poll released Monday has support for the Measure 2 medical marijuana initiative at 50%, with 42% opposed and 8% undecided. Because it is a constitutional amendment, the initiative needs 60% to win. Gravis had the initiative with 62% in August and 55% early this month. On the other hand, the United for Care campaign sent an email to supporters last night claiming its internal polling had the initiative at 61%. Click on the poll link for methodological details.

Republican Money Man Sheldon Adelson Contributes Another $1 Million to Defeat Florida's Measure 2. Las Vegas casino magnate and Republican sugar daddy Sheldon Adelson has thrown another million dollars into the battle to defeat the Measure 2 medical marijuana initiative. Opponents of the initiative have raised $5.8 million to defeat it; Adelson is responsible for $5 million of it. Overall, opponents have spent $5.5 million, pretty much matching supporters, who have so far spent $6.5 million.

International

Russia Bans Ingredients for New Synthetic Drugs. Russia has expanded its list of banned drugs to include methoxetamine, NM-018, and methylphenidate -- all used to create new synthetic drugs. The move comes after Russian senators proposed earlier this month to ban new synthetics from the moment they are discovered instead of going through the lengthy process of listing them on the Federal Drug Control Services' list of banned drugs.

Chronicle AM: GOP Rep. Tackles Forfeiture, OR Measure 91 Support, CA Dispensary Troubles, More (10/24/14)

James Sensenbrenner is on the asset forfeiture case, Oregon's Measure 91 picks up some big name endorsements, dispensaries get shut down in San Diego and raided by the DEA in LA, fallout continues in the case of the missing Mexican student teachers, and more. Let's get to it:

Leading academic marijuana policy expert Mark Kleiman grumbles, but says "yes" on Oregon Measure 91 (ucla.edu)
Asset Forfeiture

Key GOP Lawmaker Questions Asset Forfeiture Seizures. US Rep. James Sensenbrenner (R-WI), chair of the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, today sent a letter to Attorney General Eric Holder asking him to provide documents and data related to the Justice Department's role in more than 60,000 cash and property seizures under the department's Equitable Sharing Program with state and local law enforcement agencies. "While we must ensure law enforcement is properly equipped, they should not be funded by slush funds accrued by violating Americans' civil liberties," Sensenbrenner said in a statement today. "The implications on civil liberties are dire," he said in the letter. "The right to own property is a fundamental right implicitly recognized in the Fourth, Fifth and Fourteenth Amendments. I also believe that it is a human right." Sensenbrenner sent similar letters to the DEA and Department of Homeland Security last week, after a Washington Post investigation that found that 61,998 cash seizures of more than $2.5 billion have been made since 9/11 without search warrants or indictments through Equitable Sharing.

Marijuana Policy

Marijuana Policy Expert Mark Kleiman Says Yes on Oregon's Measure 91. He grumbled, but in the end, academic marijuana policy expert and Washington state legalization implementation maven Mark Kleiman has come down in favor of Oregon's Measure 91 marijuana legalization initiative. Even though he says the initiative doesn't reflect "a sophisticated understanding of the problems of illegal markets or a nuanced view about substance abuse disorder" and says that claims that legalization will reduce youth access to marijuana don't pass "the giggle test," "the choice Oregon voters face isn't between what's on the ballot and some perfectly designed cannabis policy; it's between what's on the ballot and continued prohibition at the state level, until and unless a better initiative can be crafted, put before the voters, and passed into law." Bottom line? "It's not an easy choice; as a Californian, I'm glad I don't have to make one like it (yet). But if I had to vote in Oregon, I'd vote 'Yes.'" Click on the link to read the whole piece.

Oregon US Senator Jeff Merkley Says He Will Probably Vote Yes on Measure 91. US Sen. Jeff Merkley (D-OR) has said he is inclined vote in favor of the Measure 91 marijuana legalization initiative. "I think folks on both sides of the argument make a good case," Merkley said. "And there is concern about a series of new products -- and we don't have a real track record from Colorado and Washington. But I feel on balance that we spend a lot of money on our criminal justice system in the wrong places and I lean in favor of this ballot measure." If he does vote yes, he will become the first US senator to support legalizing marijuana in his home state.

Medical Marijuana

Four San Diego Dispensaries Shut Down By Court Order. San Diego authorities won court orders earlier this week to close four dispensaries they said were operating illegally in the city. All four had closed their doors by Wednesday. The city has just adopted a permitting process for dispensaries and the first permit was handed out recently, but a number of dispensaries are operating in the city without permits. The city has shut down more than 200 unpermitted dispensaries since 2009, the city attorney's office said.

DEA Raids Two Los Angeles Dispensaries. DEA agents Thursday raided two Los Angeles dispensaries that staffers claim were fully compliant with state laws. Raiders hit two locations of The Farmacy, one in West Hollywood and one in Westwood, seizing cash, computers, and medical marijuana. No arrests were made. The Farmacy's Venice Beach location wasn't hit, but staffers said they thought that was because it had recently moved and the DEA couldn't find it.

Drug Testing

Key West Job Offer Drug Test Case to Go to Jury. A Florida woman who sued the city of Key West for rescinding a job offer after she refused to take a pre-employment drug test will have to seek damages before a jury, a federal judge has ruled. Karen Voss had sued, arguing that all suspicionless, pre-employment drug tests were unconstitutional, and she won a summary judgment holding the city liable. She then filed a second motion seeking financial relief for her losses. US District Judge James Lawrence King ruled that a jury must determine what damages, if any, will be awarded, but he did not address whether mandatory, pre-employment drug testing was constitutional.

International

Irish Report Finds Drug Law Enforcement Has Little Impact on Drug Availability. In a study commissioned by the Irish government's drug advisory body, the National Committee on Drugs and Alcohol, researchers have found that the availability of drugs is "largely unaffected" by law enforcement anti-drug operations and recommended that police focus on drug markets causing the most community harm. Both police and dealers agreed that police operations had "no impact on availability" other than temporary reductions because of stiff competition, massive profits, and a steady demand for drugs. The 328-page report is Illicit Drug Markets in Ireland.

Mexico Missing Student Teacher Scandal Forces Guerrero's Governor to Resign. Guerrero Gov. Angel Aguirre Thursday said he was taking a leave of absence. He is not expected to return to office. Aguirre becomes the highest ranking politician yet to fall victim to the festering scandal over the case of 43 radical student teachers missing for more than a month after being seized by local police forces and Guerreros Unidos drug gang members working hand-in-hand with them. The mayor of Iguala, the city where they were seized, and his wife, also face arrest, but they have fled. Several mass graves have been found in the search for the students, but the bodies in them don't appear to be the students. The case has seen mass protests in Mexico City, as well as violent protests in the Iguala and Chilpancingo, the capital of the state.

Chronicle AM: NAACP & NOW Support DC Init, Pot Shop ATM Problems, Mexico Impunity, More (10/23/14):

Marijuana retailers face ATM problems, Seattle dispensaries get a heads up, the DC initiative wins a pair of endorsements, California's Prop 47 is drawing big bucks support, the Mexico missing student teacher story gets uglier, and more. Let's get to it:

You may need cash at your local marijuana retailer after a banking network pulled the plug. (Sonya Yruel/DPA)
Marijuana Policy

Pew Poll: Latinos Are Even Split on Marijuana Legalization. A new Pew Research Center survey finds that Latino voters are slightly less likely than the population as a whole to favor marijuana legalization, but are almost evenly divided in their opinions. Some 49% said marijuana should be legal, while 48% said it shouldn't. A Pew poll earlier this year found support for marijuana legalization among the general population at 53%.

Banking Network Pulls the Plug on Pot Shop ATMs. Hundreds of recreational and medical marijuana retail outlets in Colorado and Washington have had their ATMs shut down after the South Dakota-based MetaBank pulled the plug on them. MetaBank had warned ATM providers in January that the presence of such machines in marijuana retail outlets violated federal rules, but shops had remained unaffected until this week. Other retail outlets using different bank networks were still able to process transactions.

DC Initiative Wins Endorsement from NAACP, NOW Branches. The DC marijuana possession and cultivation legalization initiative, Measure 71, has picked up the endorsements of the local chapters of the National Association for the Advancement of Colored People (NAACP) and the National Organization for Women (NOW). "The NAACP DC Branch strongly advocates to end the war on drugs, which has caused significant damage in our communities. Endorsement of Initiative 71 does not mean that the NAACP is pro marijuana, however, we view Initiative 71 as a step towards ending discriminatory drug policies." said Akosua Ali, President of the NAACP DC Branch. "Criminalization of marijuana has played a major role in the racial disparities and injustice in the criminal justice system," said Susan Mottet, president of DC NOW. "DC NOW works to end all discrimination in DC and urges the voters to pass Initiative 71 to help put an end to this tool for discrimination."

Medical Marijuana

Seattle Warns Dispensaries They Will Need Licenses, But… The city of Seattle has sent letters to 330 dispensaries operating there that they will need to be licensed by the state. The only problem is there is no such license for medical marijuana businesses. The city council had placed the requirement on hold until the state legislature decides whether and how to license dispensaries, but the letter warns that as of January 1, 2015 (or January 1, 2016 if the legislature doesn't act before then), dispensaries must have state licenses or close their doors. Click on the title link to see the letter.

Sentencing

California Defelonization Initiative Picking Up Big Bucks Support. Proposition 47, he initiative that would defelonize drug possession and some other offenses, is getting generous contributions from California-based technology mavens and other business figures, but those donations are being dwarfed by the ACLU, which has contributed more than $3 million. Some of the big names include Netflix CEO Reed Hastings ($246,000); Cari Tuna, the wife of Facebook billionaire Dustin Moskovitz ($150,000), Democratic Party funder Quinn Delaney ($100,000), Hyatt Development Corporation CEO Nick Pritzer ($250,000), and app maker Sean Parker ($100,000).

International

OAS Drug Commission Meets in Colombia. The Inter-American Drug Abuse Control Commission (CICAD) of the Organization of American States (OAS) met in Cartagena, Colombia, yesterday and today, and addressed the consensus among countries that prison overcrowding in the Americas is a real problem, with more than 1.5 million people detained for drug offenses. The results of this initiative will be presented at the upcoming biannual meeting of CICAD that will take place in Guatemala during the third week of November.

Canadian House of Commons Report on Cannabis Harms. The Conservative-dominated House of Commons has issued a report on the harms of marijuana. It recommends raising "public awareness and knowledge of the risks and harms associated with marijuana use." Click on the link to read the report.

NACLA on Race, Class, and Cannabis in the Caribbean. The venerable North American Congress on Latin America (NACLA) has published a thoughtful piece about marijuana reform in the Caribbean, The Other Side of Paradise. In in, author Kevin Edmonds cites Caribbean activists to the effect that the region must act effectively on reforms or risk losing its lucrative, but currently illicit, pot crops to imported marijuana from places where it's already legal. An interesting read.

Case of Missing Mexican Student Teachers Unveils Tight Ties Between Local Officials, Drug Gang. Mexico's top prosecutor said Wednesday that the mayor of Iguala and his wife ordered the attack on 43 radical student teachers who have been missing for a month now, and that the wife, Maria de los Angeles Pineda, was the "principal operator" of the Guerreros Unidos drug gang, which is being blamed for disappearing the students. Jesus Murillo Karam said the mayoral couple ran the group's illegal activities out of Iguala's city hall. City hall was attacked again Wednesday by protestors demanding the return of the students, and thousands marched in Mexico City to demand justice in the case, which is turning into a national scandal epitomizing the breadth of corruption and impunity in the country. Several mass graves have been found in the area, but the bodies in them haven't been identified as those of the missing students. That raises another touchy question: Whose bodies are in the mass graves?

Medical Marijuana Update

There's a national "vote medical marijuana" campaign, Colorado won't ban edibles, the Florida initiative appears to be in trouble, Massachusetts patients can start registering, and more. Let's get to it:

National

On Sunday, Americans for Safe Access launched a "Vote Medical Marijuana" campaign. The medical marijuana defense and advocacy group aims to educate voters ahead of next month's elections with a new 30-second online TV advertisement that aired on Sunday cable news programs in Detroit, Philadelphia, South Florida, and Washington state. The campaign also includes an interactive online voters' guide at VoteMedicalMarijuana.org. Check it out at the links.

California

Last Friday,the bell tolled for San Jose dispensaries. There is about to be a dramatic decrease in access to medical marijuana in San Jose. The city had up to 80 dispensaries this summer, but only six have permits, which means that as of last Friday, the rest must shut down. Forty-seven more have filed for permits, but 20 have been denied and 20 more remain under review. The move comes after the city passed a strict new dispensary ordinance earlier this year. An effort to challenge it with an initiative came up short.

On Tuesday, the Costa Mesa city clerk certified an initiative for the ballot. The Act to Restrict and Regulate the Operation of Medical Marijuana Businesses (ARRO) gathered well over the number of signatures necessary to make the ballot in a special election. That could be avoided if the city council approves the ARRO at its November 18 meeting. The initiative would allow up to eight dispensaries in the city.

Colorado

On Monday, the health department backed away from a proposal to ban most edibles. The Department of Public Health and Environment had told state regulators they should ban most edibles, but backed away from that idea after a firestorm of criticism.

Florida

Last Thursday, another poll had the Florida initiative coming up short. A new Tampa Bay Times/Bay News 9/UF Bob Graham Center poll had the Amendment 2 medical marijuana initiative at 48% of the vote with 44% opposed and 7% undecided. Because the initiative is a constitutional amendment, it needs 60% to win. This is just the latest in a series of polls showing the initiative failing to reach that mark. Click on the link for more poll details.

Guam

On Monday,a judge dismissed a lawsuit seeking to block the vote on a medical marijuana initiative. A US district court judge has dismissed a lawsuit challenging next month's vote on a legislative medical marijuana initiative. Attorney Howard Trapp had sued to block the vote last month on the grounds that a "legislative submission" was illegal under Guam law, but the judge dismissed the lawsuit, saying that Trapp didn't have legal standing to bring it.

Massachusetts

Last Friday, the health department announced that patients can now register for state ID cards. Patients need to get them by February 1; after that date, unregistered patients will have no legal protections.

Missouri

On Tuesday, the health department announce it is about to begin taking applications to grow low-THC, high-CBD medical marijuana. People who want to grow high-CBD, low-THC marijuana for medical purposes under a new state law can begin submitting applications to the state Department of Health beginning November 3. The state will license two growers, and the window for applications is 30 days. The growers must operate as nonprofits and must produce marijuana that is less than 0.3% THC.

Oregon

Last Thursday, a circuit court judge ruled local governments can ban dispensaries. In a case brought by the town of Cave Junction, Judge Pat Wolke ruled that nothing in the state's dispensary law or another law enacted last year that let localities impose yearlong dispensary moratoriums bars them from instituting outright bans. State city and county associations had argued strenuously that local governments had that ability.

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

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